S T A T E   O F   N E W   Y O R K
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                                  11454

                          I N  A S S E M B L Y

                              June 15, 2010
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Oaks) --
  read once and referred to the Committee on Governmental Operations

AN ACT to authorize the city of Rochester, in the county of  Monroe,  to
  offer  an  optional twenty year retirement plan to fireman Paul Lewan-
  dowski

  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 Rochester, in the county of Monroe, 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, and the additional pension benefits to members of  such  plan,
established pursuant to section 384-e of the retirement and social secu-
rity law, to firefighters employed by such city, is hereby authorized to
grant  the full rights and retirement benefits provided by section 384-e
of the retirement and social security law  to  Paul  R.  Lewandowski,  a
retired  firefighter and former employee of the city of Rochester, as if
he had been a member of such plan on his date of retirement.   The  city
of  Rochester  may  so elect by filing with the state comptroller, on or
before December 31, 2010, a resolution of its city council together with
certification that Mr. Lewandowski did  not  bar  himself  from  partic-
ipation  in  such  retirement  plan and additional pension benefits as a
result of his own negligence.
  S  2.  All  past  service  costs  associated  with  implementing   the
provisions of this act shall be borne by the city of Rochester.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--This bill will deem Paul R. Lewandowski, a retired fire-
fighter  formerly  employed  by  the  City  of  Rochester,  to have been
enrolled in the Section 384-e retirement plan on this  date  of  retire-
ment.
  Insofar  as this bill would affect the New York State and Local Police
and Fire Retirement System, if it is enacted, there will be an immediate
past service cost of approximately $50,000 which will be  borne  by  the

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

                                                           LBD17030-03-0

A. 11454                            2

City  of  Rochester  as  a  one-time payment, assuming a payment date of
February 1, 2011.
  The  City  of  Rochester  is  currently  paying  Paul R. Lewandowski a
contractually agreed upon supplementary benefit that  is  based  on  the
difference  between his salary at retirement and his retirement benefits
paid by the System. Enactment of this  legislation  would  result  in  a
higher  benefit  paid  by  the System, and could lower the contractually
agreed upon supplementary benefit of the City of Rochester.
  This estimate, dated June 3, 2010 and intended for use only during the
2010 Legislative Session, is Fiscal Note No. 2010-163, prepared  by  the
Actuary  for  the  New  York  State and Local Police and Fire Retirement
System.