NY State Senate Bill 2017-S5121A

Senate Bill S5121A

2017-2018 Legislative Session

Relates to allowing certain members of the New York city police pension fund to receive service credit for their service in the New York city police department cadet program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2018	print number 5121a
Apr 20, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions
Jun 21, 2017	committed to rules
May 10, 2017	advanced to third reading
May 09, 2017	2nd report cal.
May 08, 2017	1st report cal.769
Mar 08, 2017	referred to civil service and pensions

Votes

- May 8, 2017 - Civil Service And Pensions Committee Vote
  S5121A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 8, 2017
      
      aye (11)
      
      Addabbo Jr.
      
      Croci
      
      Golden
      
      Lanza
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S5121 - Details

See Assembly Version of this Bill:: A6502
Current Committee:: Senate Civil Service And Pensions
Law Section:: New York City Administrative Code
Laws Affected:: Amd §13-218, NYC Ad Cd
Versions Introduced in 2019-2020 Legislative Session:: S5903, A7620

2017-S5121 - Summary

Relates to allowing certain members of the New York city police pension fund to receive service credit for their service in the New York city police department cadet program.

2017-S5121 - Sponsor Memo

                                 BILL NUMBER:  S5121

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to allowing certain members of the New York
city police pension fund to receive service credit for their service
in the New York city police department cadet program

 PURPOSE :

To amendment to the New York City Administrative Code to allow certain
police officers to receive Police Pension Fund service credit for
their service in the New York City Police Department Cadet Program,
and to allow them to tier-reinstate based on such credits, when
applicable.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 13-218 of the Administrative
Code of the City of New York by adding a new subdivision (j) to
provide any person who is covered by Article 14 of the Retirement and
Social Security Law and served in the New York City Police Department
Cadet Program with the election to purchase service credit for the
time spent in the Cadet Program (the "Cadet Corps."). Any purchased
service shall be used to determine eligibility for and the amount of
benefits under the police pension fund.

Section two of this bill provides that this act shall take effect
immediately.

 EXISTING LAW :

Although cadets are eligible to join the New York City Employee
Retirement System (NYCERS), those who served prior to 2012 were
wrongfully denied the opportunity to join NYCERS when they served in
the Cadet Corps.

 JUSTIFICATION :

As the result of then Governor David Paterson's veto of the so-called
"Tier 2 extender," more than 11,000 New York City police officers
hired after July 1, 2009 have been placed in the Tier 3 or Tier 3R
pension plans. Newly-hired police officers who served as cadets prior
to that date should have been able to transfer or buyback their cadet
service time in order join the Police Pension Fund ("PPF") as Tier 2
members.

Unfortunately, because they were denied membership in the pension
system until the time they became police officers, they were forced to
join the PPF as members of Tier 3 (or 3R). The first part of this bill
seeks to allow this group of police officers to tier reinstate, i.e.,
to become members of the pension system as of the date they first
served as cadets, a policy that is in place today.

Even after Police Cadets were permitted to join NYCERS (which was some
time in 2012), they were wrongfully advised that their time as a cadet
in NYCERS, would effectively not count in the PPF, discouraging cadets
from joining NYCERS. According to the City, credits earned while a
police officer was a member of NYCERS are not counted as "good time"
toward eligibility for a police service retirement, making credits
accumulated in NYCERS virtually meaningless because Tier 3 does not
place a value on time beyond the time required to receive a police
service retirement. The second and third part of the bill seek to
allow police officers to buy back prior cadet time and to have that
time count as "good time."


This bill would correct the past inequities caused by the wrongful
decision to exclude Police Cadets from the NYCERS pension system, make
whole those who relied on the incorrect legal conclusions rendered by
the City and its Law Department and clarify this area for all future
Police Cadets.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

See the fiscal note at the end of the bill.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5121 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5121
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  allowing  certain  members  of  the New York city police
   pension fund to receive service credit for their service  in  the  New
   York city police department cadet program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision h of section 13-218 of the administrative  code
 of the city of New York, as added by chapter 594 of the laws of 2000, is
 relettered  subdivision  i  and  a new subdivision j is added to read as
 follows:
   J. (1) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  UPON
 ELECTION,  ANY MEMBER OF THE POLICE PENSION FUND, SUBCHAPTER TWO OF THIS
 CHAPTER WHO IS SUBJECT TO ARTICLE FOURTEEN OF THE RETIREMENT AND  SOCIAL
 SECURITY  LAW,  AND  SERVED IN THE NEW YORK CITY POLICE DEPARTMENT CADET
 PROGRAM SHALL RECEIVE CREDIT IN SUCH POLICE PENSION FUND, SUBCHAPTER TWO
 OF THIS CHAPTER, FOR THE PERIOD OF SERVICE IN THE NEW YORK  CITY  POLICE
 DEPARTMENT CADET PROGRAM. ANY MEMBER WHO WAS NOT A MEMBER OF THE RETIRE-
 MENT  SYSTEM SHALL RECEIVE SUCH CREDIT BY PAYING INTO THE POLICE PENSION
 FUND ADDITIONAL MEMBER CONTRIBUTIONS PLUS INTEREST, AT A  RATE  OF  FIVE
 PERCENT,  WHICH  WOULD HAVE BEEN PAID OR CREDITED HAD SUCH MEMBER BEEN A
 MEMBER OF THE POLICE PENSION FUND, SUBCHAPTER TWO OF THIS CHAPTER,  FROM
 HIS  OR  HER  DATE  OF  APPOINTMENT AS A NEW YORK CITY POLICE DEPARTMENT
 CADET, PROVIDED SUCH PAYMENT IS MADE WITHIN FIVE YEARS AFTER THE  EFFEC-
 TIVE  DATE  OF THIS SUBDIVISION, OR WITHIN FIVE YEARS AFTER COMMENCEMENT
 OF MEMBERSHIP IN THE NEW YORK CITY POLICE  PENSION  FUND,  WHICHEVER  IS
 LATER.  ANY SUCH MEMBER WHO WAS A MEMBER OF THE NEW YORK CITY EMPLOYEES'
 RETIREMENT SYSTEM WHILE SERVING IN THE NEW YORK CITY  POLICE  DEPARTMENT
 CADET  PROGRAM  SHALL  RECEIVE SUCH CREDIT IN THE POLICE PENSION FUND BY
 REQUESTING A TRANSFER OF CREDIT WITHIN FIVE YEARS AFTER THIS SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09399-01-7

 S. 5121                             2
 
 SHALL TAKE EFFECT, OR WITHIN FIVE YEARS AFTER COMMENCEMENT OF MEMBERSHIP
 IN THE NEW YORK CITY POLICE PENSION FUND, WHICHEVER IS LATER. UPON  SUCH
 REQUEST,  THE  RESERVE  ON  THE BENEFITS ALLOWABLE TO SUCH MEMBER AS THE
 RESULT  OF  EMPLOYER CONTRIBUTIONS, INCLUDING THE RESERVE-FOR-INCREASED-
 TAKE-HOME-PAY, IF ANY, AND THE ACCUMULATED DEDUCTIONS  OF  SUCH  MEMBER,
 SHALL THEREUPON BE TRANSFERRED FROM THE NEW YORK CITY EMPLOYEES' RETIRE-
 MENT  SYSTEM TO THE POLICE PENSION FUND WITHIN ONE YEAR FROM THE DATE OF
 SUCH REQUEST.
   (2) THE PERIOD OF SUCH SERVICE TRANSFERRED OR  PURCHASED  PURSUANT  TO
 PARAGRAPH  ONE  OF THIS SUBDIVISION SHALL BE DEEMED TO BE SERVICE IN THE
 POLICE FORCE FOR PURPOSES OF ELIGIBILITY FOR BENEFITS AND  TO  DETERMINE
 THE AMOUNTS OF BENEFITS UNDER THE POLICE PENSION FUND.
   (3)  ANY  MEMBER  OF  THE  POLICE PENSION FUND, SUBCHAPTER TWO OF THIS
 CHAPTER, WHO ACQUIRES SERVICE CREDIT BY REASON OF THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE ENTITLED TO ALL RIGHTS BENEFITS AND  PRIVILEGES  TO
 WHICH  HE OR SHE WOULD HAVE BEEN ENTITLED HAD HIS OR HER CURRENT MEMBER-
 SHIP BEGUN UPON APPOINTMENT AS A NEW YORK CITY POLICE DEPARTMENT  CADET,
 AS  WELL AS ANY OTHER RIGHT, BENEFIT OR ENTITLEMENT OF A SIMILARLY SITU-
 ATED MEMBER OF  SUCH  PENSION  FUND  WITH  EQUAL  TOTAL  SERVICE  CREDIT
 CONSISTING  ONLY OF SERVICE IN THE UNIFORMED FORCE OF THE POLICE DEPART-
 MENT.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   We have estimated the impact of the Cadet Bill, a  copy  of  which  is
 attached,  on  the  projected  employer  contributions.  The table below
 summarizes the resulting contributions by year.
 
 (in millions)
 Year        Annual Cost
 2017        9.5
 2018        10.0
 2019        10.5
 2020        11.0
 2021        11.5
 
   These estimates are based on headcount, as summarized below:
 Year           Open Competitive              Promotional
 2009                  5                          180
 2010                  3                          164
 2011                  1                          68
 2012                  1                          52
 2013                  0                          35
 2014                  2                          14
 2015                  5                          73
 2016                  2                          22
   For the sake of projection, we assumed that from  2016  to  2019  (the
 time  period that impacts costs from 2018 to 2021), we would continue to
 see cadets enter the plan with past service. We assumed  for  each  year
 that  2 cadets would enter as Open Competitive hires and 50 cadets would
 enter through Promotional hire channels. Note, the new  Cadets  are  all
 subject  to  the  Tier  6  plan provisions, with no opportunity for Tier
 reassignment.
   We also assumed that Promotional hires would enter with 1.25 years  of
 past service on average and Open Competitive hires would have 0.83 years
 of  service,  which  is  2/3  of the amount of the Promotional hires. In

 S. 5121                             3
 
 addition, we had to make assumptions about the Tier Reinstatement Rates,
 as summarized in the table below:
   ______________________________
           Tier Reinstatement
 Year             Rates
 ______________________________
 2009             100%
 2010             100%
 2011              50%
 2012             100%
 2013             100%
 2014              25%
 2015               0%
 2016               0%
   All other assumptions are consistent with our current understanding of
 the  actuarial  assumptions  employed by the New York City Office of the
 Actuary to illustrate expected contribution impact.
   The undersigned is familiar with the immediate and  long-term  aspects
 of  pension  calculations  and  meets the Qualification Standards of the
 American Academy of Actuaries necessary to render the actuarial opinions
 contained herein.

2017-S5121A (ACTIVE) - Details

See Assembly Version of this Bill:: A6502
Current Committee:: Senate Civil Service And Pensions
Law Section:: New York City Administrative Code
Laws Affected:: Amd §13-218, NYC Ad Cd
Versions Introduced in 2019-2020 Legislative Session:: S5903, A7620

2017-S5121A (ACTIVE) - Summary

Relates to allowing certain members of the New York city police pension fund to receive service credit for their service in the New York city police department cadet program.

2017-S5121A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5121A

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to allowing certain members of the New York city police pension
fund to receive service credit for their service in the New York city
police department cadet program

 
PURPOSE OR GENERAL IDEA OF BILL:

To amendment to the New York City Administrative Code to allow certain
police officers to receive Police Pension Fund service credit for their
service in the New York City Police Department Cadet Program, and to
allow them to tier-reinstate based on such credits, when applicable.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill amends section 13-218 of the Administrative
Code of the City of New York by adding a new subdivision (j) to provide

any person who is covered by Article 14 of the Retirement and Social
Security Law and served in the New York City Police Department Cadet
Program with the election to purchase service credit for the time spent
in the Cadet Program (the "Cadet Corps."). Any purchased service shall
be used to determine eligibility for and the amount of benefits under
the police pension fund.

Section two of this bill provides that this act shall take effect imme-
diately.

 
JUSTIFICATION:

As the result of then Governor David Paterson's veto of the so-called
"Tier 2 extender," more than 11,000 New York City police officers hired
after July 1, 2009 have been placed in the Tier 3 or Tier 3R pension
plans. Newly-hired police officers who served as cadets prior to that
date should have been able to transfer or buyback their cadet service
time in order join the Police Pension Fund ("PPF") as Tier 2 members.

Unfortunately, because they were denied membership in the pension system
until the time they became police officers, they were forced to join the
PPF as members of Tier 3 (or 3R). The first part of this bill seeks to
allow this group of police officers to tier reinstate, i.e., to become
members of the pension system as of the date they first served as
cadets, a policy that is in place today.

Even after Police Cadets were permitted to join NYCERS (which was some
time in 2012), they were wrongfully advised that their time as a cadet
in NYCERS, would effectively not count in the PPF, discouraging cadets
from joining NYCERS. According to the City, credits earned while a
police officer was a member of NYCERS are not counted as "good time"
toward eligibility for a police service retirement, making credits accu-
mulated in NYCERS virtually meaningless because Tier 3 does not place a
value on time beyond the time required to receive a police service
retirement. The second and third part of the bill seek to allow police
officers to buy back prior cadet time and to have that time count as
"good time."

This bill would correct the past inequities caused by the wrongful deci-
sion to exclude Police Cadets from the NYCERS pension system, make whole
those who relied on the incorrect legal conclusions rendered by the City
and its Law Department and clarify this area for all future Police
Cadets.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5121 - Committed to Rules

 
FISCAL IMPLICATIONS:

See the bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S5121A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5121--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to allowing certain members  of  the  New  York  city  police
   pension  fund  to  receive service credit for their service in the New
   York city police department cadet program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision h of section 13-218 of the administrative code
 of the city of New York, as added by chapter 594 of the laws of 2000, is
 relettered subdivision i and a new subdivision j is  added  to  read  as
 follows:
   J.  (1)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, UPON
 ELECTION, ANY MEMBER OF THE POLICE PENSION FUND, SUBCHAPTER TWO OF  THIS
 CHAPTER  WHO IS SUBJECT TO ARTICLE FOURTEEN OF THE RETIREMENT AND SOCIAL
 SECURITY LAW, AND SERVED IN THE NEW YORK CITY  POLICE  DEPARTMENT  CADET
 PROGRAM SHALL RECEIVE CREDIT IN SUCH POLICE PENSION FUND, SUBCHAPTER TWO
 OF  THIS  CHAPTER, FOR THE PERIOD OF SERVICE IN THE NEW YORK CITY POLICE
 DEPARTMENT CADET PROGRAM. ANY MEMBER WHO WAS NOT A MEMBER OF THE RETIRE-
 MENT SYSTEM SHALL RECEIVE SUCH CREDIT BY PAYING INTO THE POLICE  PENSION
 FUND  ADDITIONAL  MEMBER  CONTRIBUTIONS PLUS INTEREST, AT A RATE OF FIVE
 PERCENT, WHICH WOULD HAVE BEEN PAID OR CREDITED HAD SUCH MEMBER  BEEN  A
 MEMBER  OF THE POLICE PENSION FUND, SUBCHAPTER TWO OF THIS CHAPTER, FROM
 HIS OR HER DATE OF APPOINTMENT AS A  NEW  YORK  CITY  POLICE  DEPARTMENT
 CADET,  PROVIDED SUCH PAYMENT IS MADE WITHIN FIVE YEARS AFTER THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION, OR WITHIN FIVE YEARS  AFTER  COMMENCEMENT
 OF  MEMBERSHIP  IN  THE  NEW YORK CITY POLICE PENSION FUND, WHICHEVER IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09399-03-8

 S. 5121--A                          2
 
 LATER. ANY SUCH MEMBER WHO WAS A MEMBER OF THE NEW YORK CITY  EMPLOYEES'
 RETIREMENT  SYSTEM  WHILE SERVING IN THE NEW YORK CITY POLICE DEPARTMENT
 CADET PROGRAM SHALL RECEIVE SUCH CREDIT IN THE POLICE  PENSION  FUND  BY
 REQUESTING A TRANSFER OF CREDIT WITHIN FIVE YEARS AFTER THIS SUBDIVISION
 SHALL TAKE EFFECT, OR WITHIN FIVE YEARS AFTER COMMENCEMENT OF MEMBERSHIP
 IN  THE NEW YORK CITY POLICE PENSION FUND, WHICHEVER IS LATER. UPON SUCH
 REQUEST, THE RESERVE ON THE BENEFITS ALLOWABLE TO  SUCH  MEMBER  AS  THE
 RESULT  OF  EMPLOYER CONTRIBUTIONS, INCLUDING THE RESERVE-FOR-INCREASED-
 TAKE-HOME-PAY, IF ANY, AND THE ACCUMULATED DEDUCTIONS  OF  SUCH  MEMBER,
 SHALL THEREUPON BE TRANSFERRED FROM THE NEW YORK CITY EMPLOYEES' RETIRE-
 MENT  SYSTEM TO THE POLICE PENSION FUND WITHIN ONE YEAR FROM THE DATE OF
 SUCH REQUEST.
   (2) THE PERIOD OF SUCH SERVICE TRANSFERRED OR  PURCHASED  PURSUANT  TO
 PARAGRAPH  ONE  OF THIS SUBDIVISION SHALL BE DEEMED TO BE SERVICE IN THE
 POLICE FORCE FOR PURPOSES OF ELIGIBILITY FOR BENEFITS AND  TO  DETERMINE
 THE AMOUNTS OF BENEFITS UNDER THE POLICE PENSION FUND.
   (3)  ANY  MEMBER  OF  THE  POLICE PENSION FUND, SUBCHAPTER TWO OF THIS
 CHAPTER, WHO ACQUIRES SERVICE CREDIT BY REASON OF THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE ENTITLED TO ALL RIGHTS BENEFITS AND  PRIVILEGES  TO
 WHICH  HE OR SHE WOULD HAVE BEEN ENTITLED HAD HIS OR HER CURRENT MEMBER-
 SHIP BEGUN UPON APPOINTMENT AS A NEW YORK CITY POLICE DEPARTMENT  CADET,
 AS  WELL AS ANY OTHER RIGHT, BENEFIT OR ENTITLEMENT OF A SIMILARLY SITU-
 ATED MEMBER OF  SUCH  PENSION  FUND  WITH  EQUAL  TOTAL  SERVICE  CREDIT
 CONSISTING  ONLY OF SERVICE IN THE UNIFORMED FORCE OF THE POLICE DEPART-
 MENT.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   We have estimated the impact of the Cadet Bill, a  copy  of  which  is
 attached,  on  the  projected  employer  contributions.  The table below
 summarizes the resulting contributions by year.
 
                   (in millions)
                   Year                           Annual Cost
                   2018                           5.1
                   2019                           5.4
                   2020                           5.6
                   2021                           5.9
                   2022                           6.1
 
   These estimates are based on headcounts, as summarized below:
 
 Year                     Open Competitive                 Promotional
 2009                           5                             180
 2010                           3                             164
 2011                           1                              68
 2012                           1                              52
 2013                           0                              35
 2014                           2                              14
 2015                           5                              73
 2016 (partial year)            2                              22
 
   For the sake of projection, we assumed that from  2016  to  2020  (the
 time  period that impacts costs from 2018 to 2022), we would continue to
 see cadets enter the plan with past service. We assumed  for  each  year
 that  2 cadets would enter as Open Competitive hires and 50 cadets would
 enter through Promotional hire channels. Note, the new  Cadets  are  all

 S. 5121--A                          3
 
 subject  to  the  Tier  6  plan provisions, with no opportunity for Tier
 reassignment.
   We  also assumed that Promotional hires would enter with 1.25 years of
 past service on average and Open Competitive hires would have 0.83 years
 of service, which is 2/3 of the amount  of  the  Promotional  hires.  In
 addition, we had to make assumptions about the Tier Reinstatement Rates,
 as summarized in the table below:
 
 _______________________________________________________________________
                   Tier Reinstatement
 Year                     Rates                   Resulting Tier
 _______________________________________________________________________
 2009                     100%               All Tier Reinstate to Tier 2
 2010                     100%               All Tier Reinstate to Tier 2
 2011                      50%               50% Tier Reinstate to Tier 2
                                                 (7/1/2009 change date)
 2012                     100%               All Tier Reinstate to Tier 3
 2013                     100%               All Tier Reinstate to Tier 3
 2014                      25%               25% Tier Reinstate to Tier 3
                                                 (4/1/2012 change date)
 2015                       0%               Tier 6
 2016                       0%               Tier 6
 
   All other assumptions are consistent with our current understanding of
 the  actuarial  assumptions  employed by the New York City Office of the
 Actuary to illustrate expected contribution impact.
   The undersigned is familiar with the immediate and  long-term  aspects
 of  pension  calculations  and  meets the Qualification Standards of the
 American Academy of Actuaries necessary to render the actuarial opinions
 contained herein.

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