S T A T E   O F   N E W   Y O R K
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                                  1813
                       2009-2010 Regular Sessions
                            I N  S E N A T E
                            February 9, 2009
                               ___________
Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
AN ACT to grant Normajean Cesario a retroactive system  membership  date
  and  tier  I status in the New York state and local employees' retire-
  ment system
  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, Normajean
Cesario, an active member of the New York  state  and  local  employees'
retirement  system  with  Tier  IV status, who was first employed by New
York city health and hospitals corporation as a nurse from July 10, 1967
to February 1969 and who, for reasons not ascribable to her  own  negli-
gence, failed to become a member of the New York city employees' retire-
ment  system while so employed by the New York city health and hospitals
corporation, shall be deemed to have joined the New York state and local
employees' retirement system on July 10, 1967 with Tier I status, if, on
or before December 31, 2009, she shall file a written application there-
for with the state comptroller.
  S 2. No contributions made to the New York state and local  employees'
retirement  system  by  Normajean Cesario shall be returned to her. Such
employee contributions shall be used to offset  any  past  service  cost
incurred due to the implementation of the provisions of this act.
  S  3.  All  costs  of implementing the provisions of this act shall be
borne by the state of New York.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant Normajean Cesario Tier 1 status in the New  York
State  and  Local  Employees'  Retirement System by changing her date of
membership to July 10, 1967. There will be no refund of member  contrib-
utions.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07391-02-9
              
             
                          
                S. 1813                             2
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $2,200 in the annual contributions of the State of  New
York 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 $106,000 which would be
borne by the State of New York as a one-time payment. This  estimate  is
based on the assumption that payment will be made on March 1, 2010.
  This estimate, dated January 30, 2009 and intended for use only during
the  2009  Legislative Session, is Fiscal Note No. 2009-125, prepared by
the Actuary for the New York State & Local Employees' Retirement System.