Bill Text: NY S02689 | 2009-2010 | General Assembly | Introduced


Bill Title: Authorizes John Leslie Bergmann to apply for and obtain retirement service credit, for service in the employment of a participating employer in the New York state and local employees' retirement system, in the New York city teachers' retirement system, of which he is a retired member due to retirement from employment by the city school district of the city of New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S02689 Detail]

Download: New_York-2009-S02689-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2689
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2009
                                      ___________
       Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
         and when printed to be committed to the Committee on Civil Service and
         Pensions
       AN ACT to authorize John  Leslie  Bergmann  to  apply  for  and  receive
         service  credit,  for  service  in  the  employment of a participating
         employer in the New York state and local employees' retirement system,
         in the New York city teachers' retirement system
         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  John Leslie Bergmann, who retired on July 1, 2002 from employment by the
    3  city  school district of the city of New York and receives benefits from
    4  the New York city teachers' retirement system, and who commenced employ-
    5  ment by  the  Westchester  county  community  college,  a  participating
    6  employer  in  the New York state and local employees' retirement system,
    7  on September 6, 1988, and who, for reasons not  ascribable  to  his  own
    8  negligence,  did  not  become  a  member of the New York state and local
    9  employees' retirement system, shall be entitled  to  receive  retirement
   10  service  credit for his service as an employee of the Westchester county
   11  community college, from the date of his commencement of such  employment
   12  until  the  date  of  his  retirement from employment by the city school
   13  district of the city of New York, in the New York city teachers' retire-
   14  ment system if, on or before the thirty-first of December next  succeed-
   15  ing  the  date  on  which  it  shall have become a law, he shall file an
   16  application therefor with the state comptroller.
   17    S 2. Notwithstanding any other provision of law to the contrary, ther-
   18  eupon, the New York state and local employees' retirement  system  shall
   19  transfer  to the New York city teachers' retirement system an amount, to
   20  be determined by the state comptroller, equal to that  which  the  West-
   21  chester county community college would have been obligated to pay to the
   22  New  York state and local employees' retirement system on account of its
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08241-02-9
       S. 2689                             2
    1  employment of John Leslie Bergmann  had  he  become  a  member  of  such
    2  retirement  system  at the time of the commencement of his employment by
    3  Westchester county community college.   In addition  to  such  transfer,
    4  John Leslie Bergmann shall pay to the New York city teachers' retirement
    5  system,  in a lump sum, an amount, if any, to be determined by the state
    6  comptroller, equal to  that  which  he  would  have  been  obligated  to
    7  contribute  to the New York state and local employees' retirement system
    8  due to his employment by Westchester county community  college,  had  he
    9  become a member of such system upon the commencement of such employment,
   10  from  the date of the commencement thereof until the date of his retire-
   11  ment from employment by the city school district  of  the  city  of  New
   12  York.
   13    S  3. Upon receipt of the transfer and the payment required by section
   14  two of this act, the New York city  teachers'  retirement  system  shall
   15  grant  the  retirement  service authorized by section one of this act to
   16  John Leslie Bergmann and shall recalculate and pay his retirement allow-
   17  ance accordingly and pay to him any arrearage or deficiency to which  he
   18  may be entitled pursuant to the provisions of this act in a lump sum.
   19    S 4. This act shall take effect immediately.
         FISCAL  NOTE.--This  bill  will  adjust the retirement benefit of John
       Leslie Bergmann, a retiree from the New York  City  Teachers  Retirement
       System (NYCTRS), by increasing his final average salary by approximately
       $16,000  based on salary earned while working for the Westchester County
       Community College. The additional benefit based on the increase in final
       average salary will then be paid retroactively to his date of retirement
       from the NYCTRS.
         If this bill is enacted, insofar as it affects the New York State  and
       Local  Employees'  Retirement System, we anticipate that there will be a
       transfer of approximately $6,800 to the NYCTRS. This cost will be shared
       by the State of New York and all of the participating employers  in  the
       New  York  State  and Local Empoyees' Retirement System. In addition, we
       estimate that Mr. Bergmann will have  to  pay  approximately  $9,400  in
       member  contributions  to  the  NYCTRS. The sum of these amounts will be
       used to partially offset the cost to the NYCTRS.
         This estimate, dated February 25,  2009  and  intended  for  use  only
       during  the  2009  Legislative  Session,  is  Fiscal  Note No. 2009-165,
       prepared by the Actuary for the New  York  State  and  Local  Employees'
       Retirement System.
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