S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7711--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced by M. of A. HAWLEY -- read once and referred to the Committee
  on  Governmental  Employees  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to authorize the county of Orleans, to offer an  optional  twenty
  year  retirement  plan to deputies Shannon E. Brett and James A. DeFi-
  lipps

  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,
in the county of Orleans, a participating employer in the New York state
and  local employee retirement system, which previously elected to offer
the optional  twenty  year  retirement  plan,  established  pursuant  to
sections 552 and 553 of the retirement and social security law, to depu-
ties employed by such county, is hereby authorized to make participation
in such plan available to Shannon E. Brett and James A. DeFilipps, depu-
ty  sheriffs  employed  by the county of   Orleans, who, for reasons not
ascribable to their own negligence failed to make a  timely  application
to  participate in such optional twenty year retirement plan. The county
of Orleans may so elect by filing with  the  state  comptroller,  on  or
before  December  31,  2009, a resolution of its governing body together
with certification that such deputy did not  bar  himself  from  partic-
ipation  in  such  retirement  plan  as  a result of his own negligence.
Thereafter, such deputy may elect to be covered  by  the  provisions  of
sections  552  and  553  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 on or before June 30, 2010.
  S 2. All employer costs associated with implementing the provisions of
this act shall be borne by the county of Orleans.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09242-06-9
              

A. 7711--A                          2

  This  bill  will  authorize Orleans County to reopen the provisions of
Section 552 and Section 553 of the Retirement and  Social  Security  Law
for  deputy  sheriffs  Shannon  E.  Brett and James A. DeFilipps who are
currently not covered by that Section.
  If  this  bill  is enacted, we anticipate that there would be an esti-
mated increase in the annual contributions of Orleans County of approxi-
mately $3,100 for the fiscal year ending March 31, 2010.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $22,500  which  will  be
borne by Orleans County, assuming a payment date of February 1, 2010.
  This  estimate,  dated  June 15, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-272,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.