S T A T E   O F   N E W   Y O R K
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                                  8019

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced by M. of A. O'MARA -- read once and referred to the Committee
  on Governmental Employees

AN  ACT to authorize the city of Elmira to offer an optional twenty year
  retirement plan to certain police officers employed by such city

  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,
the  city  of Elmira, in the county of Chemung, a participating employer
in the New York state and local police and fire retirement system, which
previously elected to offer the optional twenty  year  retirement  plan,
established pursuant to section 384-d of the retirement and social secu-
rity law, to police officers employed by such city, is hereby authorized
to  make  participation in such plan available to Brooks A.  Shaw, Brian
J. Williams and Erica LaPierre, police officers employed by the city  of
Elmira,  who, for reasons not ascribable to their own negligence, failed
to make timely applications to participate in such optional twenty  year
retirement  plan.  The  city  of  Elmira may so elect by filing with the
state comptroller, on or before December 31, 2009, a resolution  of  its
local  legislative  body  together  with  certification that such police
officers did not bar themselves from participation  in  such  retirement
plan  as a result of their own negligence. Thereafter, such police offi-
cers 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 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 city of Elmira.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, section 50:
  In estimating this cost, we have assumed the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11400-03-9
              

A. 8019                             2

  1. When drafted, the legislation will affect only Officers  Brooks  A.
Shaw, Brian J. Williams, and Erica La Pierre.
  2.  There  are no other full time Police Officers employed by the City
of Elmira who are not currently covered by  the  provisions  of  Section
384-d who would be affected.
  3.  The  legislation will specify that all past service costs incurred
due to its enactment will be paid by the City of  Elmira,  either  as  a
lump sum or over a five (5) or ten (10) year period, with interest.
  If  this  legislation  is enacted during the 2009 legislative session,
and Officers Brooks A. Shaw, Brian J.  Williams,  and  Erica  La  Pierre
become  covered by the provisions on section 384-d of the Retirement and
Social Security law, we anticipate that there will  be  an  increase  of
approximately  $6,600  in the annual contributions of the City of Elmira
for the fiscal year ending March 31, 2010.
  In addition to the annual contributions discussed above, we anticipate
that there will be an  immediate  past  service  cost  of  approximately
$45,500,  assuming  payment  is  made on February 1, 2010. At the City's
option, this cost can be paid over a period of  five  (5)  or  ten  (10)
years, with interest. The annual cost will be $10,600 or $6,280, respec-
tively.