Bill Text: NY S04163 | 2011-2012 | General Assembly | Amended


Bill Title: Authorizes the county of Erie to offer an optional twenty year retirement plan to deputy sheriff Thomas Van Wie.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-18 - PRINT NUMBER 4163B [S04163 Detail]

Download: New_York-2011-S04163-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4163--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 21, 2011
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       AN  ACT to authorize the county of Erie to offer an optional twenty year
         retirement plan to deputy sheriff Thomas Van Wie
         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  county  of Erie, a participating employer in the New York state and
    3  local employees retirement system, which previously elected to offer the
    4  optional twenty year retirement plan, established  pursuant  to  section
    5  552  of  the  retirement  and  social  security  law, and the additional
    6  pension benefits to  members  of  such  plan,  established  pursuant  to
    7  section  553  of  the  retirement  and social security law, to sheriffs,
    8  under-sheriffs and deputy sheriffs employed by such  county,  is  hereby
    9  authorized  to make participation in such plan and benefits available to
   10  Thomas Van Wie, deputy sheriff employed by  the  county  of  Erie  since
   11  September 5, 2006 who, for reasons not ascribable to his own negligence,
   12  failed  to  make  a  timely  application to participate in such optional
   13  twenty year retirement plan and the additional pension  benefits  there-
   14  for.  The  county  of  Erie  may so elect by filing with the state comp-
   15  troller, on or before December 31,  2011,  a  resolution  of  its  local
   16  legislative  body  together  with certification that such deputy sheriff
   17  did not bar himself from participation in  such  retirement  plan  as  a
   18  result  of his own negligence. Thereafter, such deputy sheriff may elect
   19  to be covered by the provisions of sections 552 and 553 of  the  retire-
   20  ment  and  social security law, and shall be entitled to the full rights
   21  and benefits associated with coverage under such sections, by  filing  a
   22  request  to that effect with the state comptroller on or before June 30,
   23  2012.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09635-06-1
       S. 4163--A                          2
    1    S 2. All employer costs associated with implementing the provisions of
    2  this act shall be borne by the county of Erie.
    3    S 3. This act shall take effect immediately.
         FISCAL  NOTE.--This bill will allow Erie County to elect to reopen the
       provisions of a 20 year retirement plan pursuant to Section 552  of  the
       Retirement and Social Security Law for sheriffs, undersheriffs and depu-
       ty  sheriffs.    Affected  members would also immediately become covered
       under Section 553, which gives additional 60ths of final average  salary
       for each year of creditable service beyond 20 years.
         If  this bill is enacted, we anticipate that there will be an increase
       of approximately $13,300 in the annual contributions of Erie County  for
       the fiscal year ending March 31, 2012.
         In addition to the annual contributions discussed above, there will be
       an  immediate  past service cost of approximately $15,100 which would be
       borne by Erie County as a one-time payment. This estimate  is  based  on
       the assumption that payment will be made on February 1, 2012.
         This  estimate, dated March 16, 2011, and intended for use only during
       the 2011 Legislative Session, is Fiscal Note No. 2011-137,  prepared  by
       the  Actuary  for  the  New  York  State and Local Employees' Retirement
       System.
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