S T A T E O F N E W Y O R K
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6978
2021-2022 Regular Sessions
I N S E N A T E
May 20, 2021
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize certain police officers to receive certain service
credit under sections 384 and 384-d of the retirement and social secu-
rity law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any other provision of law to the contrary,
Jonathan Roman, David Arroyo, and Vincent Fiumara, members of the New
York state and local police and fire retirement system, who were
appointed as police officers with the village of Port Chester on August
4, 2014, and who, through no fault of their own, were enrolled to
participate in the special twenty-five year retirement plan contained in
section 384 of the retirement and social security law, shall be given
full credit in the special twenty year retirement plan contained in
section 384-d of the retirement and social security law for such service
upon the election of the village of Port Chester to assume the addi-
tional cost of such service. The village of Port Chester may so elect by
filing with the state comptroller within 180 days of the effective date
of this act, a resolution of its legislative body, together with certif-
ication that such police officers did not bar themselves from partic-
ipation in such retirement plan as a result of their own negligence.
Thereafter, such officers may elect to be covered by the provisions of
section 384-d of the retirement and social security law, and shall be
entitled to the full rights and benefits associated with coverage under
such section, by filing a request to this effect with the state comp-
troller within one year of the effective date of this act.
§ 2. Notwithstanding any other provision of law to the contrary, Jason
Behar, a member of the New York state and local police and fire retire-
ment system, who transferred as a police officer from the city of Mount
Vernon to the village of Port Chester on May 26, 2015, and who, through
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02710-01-1
S. 6978 2
no fault of his own, was enrolled to participate in the special twenty
year retirement plan contained in section 384-d of the retirement and
social security law, shall be given full credit in the optional retire-
ment plan contained in section 384 of the retirement and social security
law for such service upon the election of the village of Port Chester to
assume the additional cost of such service. The village of Port Chester
may so elect by filing with the state comptroller, within 180 days of
the effective date of this act, a resolution of its legislative body
together with certification that such police officer did not bar himself
from participation in such retirement plan as a result of his own negli-
gence. Thereafter, Jason Behar may elect to be covered by the
provisions of section 384 of the retirement and social security law, and
shall be entitled to the full rights and benefits associated with cover-
age under such section, by filing a request to that effect with the
state comptroller within one year of the effective date of this act.
§ 3. All past service costs associated with implementing the
provisions of this act shall be borne by the village of Port Chester and
may be amortized over a ten year period.
§ 4. This act shall take effect immediately.