S T A T E O F N E W Y O R K ________________________________________________________________________ 4128 2011-2012 Regular Sessions I N S E N A T E March 21, 2011 ___________ 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 part A of chapter 504 of the laws of 2009, amending the retirement and social security law and other laws relating to estab- lishing police and fire retirement provisions, in relation to special retirement plans available to persons joining a public retirement system between July 1, 2009 and January 10, 2010 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 8 of part A of chapter 504 of the laws of 2009, 2 amending the retirement and social security law and other laws relating 3 to establishing police and fire retirement provisions, is amended to 4 read as follows: 5 S 8. (A) Notwithstanding any provision of law to the contrary, nothing 6 in this act shall limit the eligibility of any member of an employee 7 organization to join a special retirement plan open to him or her pursu- 8 ant to a collectively negotiated agreement with any state or local 9 government employer, where such agreement is in effect on the effective 10 date of this act and so long as such agreement remains in effect there- 11 after; provided, however, that any such eligibility shall not apply upon 12 termination of such agreement for employees otherwise subject to the 13 provisions of article twenty-two of the retirement and social security 14 law. 15 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY ANY 16 MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM 17 WHO BECAME A MEMBER ON OR AFTER JULY 1, 2009 AND BEFORE JANUARY 10, 2010 18 MAY JOIN A SPECIAL RETIREMENT PLAN OPEN TO HIM OR HER PURSUANT TO A 19 COLLECTIVELY NEGOTIATED AGREEMENT WITH ANY STATE OR LOCAL GOVERNMENT 20 EMPLOYER, WHERE SUCH AGREEMENT WAS IN EFFECT ON OR AFTER JULY 1, 2009 21 AND BEFORE JANUARY 10, 2010. 22 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09571-01-1 S. 4128 2 FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would allow an individual who became a member of the New York State and Local Police and Fire Retirement System (PFRS) on or after July 1, 2009 and before January 10, 2010 to join a special retire- ment plan open to him or her pursuant to a collective bargaining agree- ment in effect on or after July 1, 2009 and before January 10, 2010. Such members who had elected coverage under Article 22 of the Retirement and Social Security Law and so are not subject to the provisions of Article 14 will not be required to make employee contributions. Current- ly, such members are making employee contributions of 3% of their sala- ries. If this bill is enacted, we anticipate that the employers of such members who are covered under PFRS special retirement contributory plans would see an increase in their annual contributions for the fiscal year ending March 31, 2012 of approximately 3.3% of the annual salaries of such members. This estimate, dated January 27, 2011, and intended for use only during the 2011 Legislative Session, is Fiscal Note No. 2011-94, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.