Bill Text: NY A08076 | 2009-2010 | General Assembly | Amended


Bill Title: Authorizes certain police officers employed by the village of Lyons to join the twenty year retirement plan.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-08-13 - signed chap.337 [A08076 Detail]

Download: New_York-2009-A08076-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8076--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2009
                                      ___________
       Introduced  by  M. of A. OAKS -- read once and referred to the Committee
         on Governmental Employees -- recommitted to the Committee  on  Govern-
         mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to authorize the village of Lyons to  offer  an  optional  twenty
         year  retirement  plan  to  certain  police  officers employed by such
         village
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Notwithstanding any other provision of law to the contrary,
    2  the village of Lyons, a participating employer in the New York state and
    3  local  police  and  fire  retirement system, which previously elected to
    4  offer the optional twenty year retirement plan, established pursuant  to
    5  section 384-d of the retirement and social security law, to police offi-
    6  cers  employed  by  such  village,  is hereby authorized to make partic-
    7  ipation in such plan available to John Flock and Scott VanDuyne,  police
    8  officers employed by the village of Lyons, who, for reasons not ascriba-
    9  ble  to  their  own  negligence,  failed to make a timely application to
   10  participate in such optional twenty year retirement plan. The village of
   11  Lyons may so elect by filing with the state comptroller,  on  or  before
   12  December  31,  2010, a resolution of its local legislative body together
   13  with certification that such police officers did not bar themselves from
   14  participation in such retirement plan as a result of  their  own  negli-
   15  gence.  Thereafter,  such police officers may elect to be covered by the
   16  provisions of section 384-d of the retirement and social  security  law,
   17  and  shall  be  entitled to the full rights and benefits associated with
   18  coverage under such section, by filing a request to that effect with the
   19  state comptroller on or before June 30, 2011.
   20    S 2. All employer costs associated with implementing the provisions of
   21  this act shall be borne by the village of Lyons  and  the  past  service
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10914-04-0
       A. 8076--A                          2
    1  costs associated with this act may be amortized over a period of five or
    2  ten years.
    3    S 3. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill will allow the Village of Lyons to reopen the provisions of
       Section 384-d of the Retirement and Social Security Law for police offi-
       cers John J. Flock and Scott W. VanDuyne.
         If this legislation is enacted during the 2010 legislative session, we
       anticipate that there will be an increase of approximately $2,800 in the
       annual contributions of the Village of Lyons 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 $43,000, which would be
       borne by the Village of Lyons as a one-time payment, assuming a  payment
       date of February 1, 2011. If the Village so elects, the past service can
       be  amortized  over a period of five (5) or ten (10) years. The cost for
       the first year will be approximately $9,980 or $5,940, respectively.
         This estimate, dated April 16, 2010 and intended for use  only  during
       the  2010  Legislative Session, is Fiscal Note No. 2010-138, prepared by
       the Actuary for the New York State and Local Police and Fire  Retirement
       System.
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