S T A T E   O F   N E W   Y O R K
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    S. 6861                                                  A. 9947

                      S E N A T E - A S S E M B L Y

                            February 17, 2010
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and Pensions

IN  ASSEMBLY  -- Introduced by M. of A. ALESSI -- read once and referred
  to the Committee on Governmental Employees

AN ACT authorizing William Bianco and Eric Lipinsky to file for retroac-
  tive membership in the optional 20 year retirement  plan  of  the  New
  York  state  and  local  police and fire retirement system pursuant to
  section 384-d of the retirement and social security 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,
the  Town  of  Riverhead, a participating employer in the New York state
and local police and fire retirement system, which previously elected to
offer the optional 20  year  retirement  plan  established  pursuant  to
section  384-d  of the retirement and social security law, and the addi-
tional pension benefits to members of such plan, established pursuant to
section 384-e of the retirement and social security law to police  offi-
cers  employed  by such Town, is hereby authorized to make participation
available to William Bianco and Eric Lipinsky, police officers  employed
by  the  Town of Riverhead, who, for reasons not ascribable to their own
intentional negligence, failed to make timely application to participate
in such optional 20 year retirement plan. The Town of Riverhead  may  so
elect  by  filing  with the state comptroller, on or before December 31,
2010, a resolution of the Riverhead Town  Board  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  police  officers  may  elect  to  be  covered  by the
provisions of section 384-d and section  384-e  of  the  retirement  and
social  security law, and shall be entitled to the full rights and bene-
fits associated with coverage under such section, by filing a request to
that effect with the state comptroller on or before June 30, 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15471-02-0
              

S. 6861                             2                            A. 9947

  S  2.  All  past  service  costs  associated  with  implementing   the
provisions of this act shall be borne by the Town of Riverhead.
  S 3. This act shall take effect immediately.
  FISCAL  NOTE.-- This bill will allow the Town of Riverhead to elect to
reopen the provisions of Section 384-d together with the  provisions  of
Section 384-e of the Retirement and Social Security Law for Police Offi-
cers William Bianco and Eric Lipinsky.
  If  this  bill  is enacted and the above officers become covered under
Section 384-e, we anticipate that there will be an increase of  approxi-
mately  $6,900  in the annual contributions of the Town of Riverhead for
the fiscal year ending March 31, 2011.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $11,100 which  would  be
borne  by  the Town of Riverhead as a one-time payment. This estimate is
based on the assumption that payment will be made on February 1, 2011.
  This estimate, dated February 5,  2010,  and  intended  for  use  only
during  the  2010  Legislative  Session,  is  Fiscal  Note  No. 2010-91,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.