Bill Text: NY S04048 | 2011-2012 | General Assembly | Amended


Bill Title: Grants retroactive tier IV membership in the New York state employees' retirement system to Michelle Merlino.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-21 - SUBSTITUTED BY A6335A [S04048 Detail]

Download: New_York-2011-S04048-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4048--A                                            A. 6335--A
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    March 15, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. JOHNSON -- read twice and ordered print-
         ed, 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
       IN ASSEMBLY -- Introduced by M. of A. RAIA -- read once and referred  to
         the  Committee  on  Governmental Employees -- reported and referred to
         the Committee on Ways and Means -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT granting retroactive tier IV membership in the New York state and
         local employees' retirement system to Michelle Merlino
         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, Michelle Merli-
    2  no,  a  member  of  the  New  York state and local employees' retirement
    3  system, who was employed on November 14, 2008, by Deer Park  Union  Free
    4  School  District, who, for reasons not ascribable to her own negligence,
    5  did not file a membership application in such  system  until  March  18,
    6  2010,  which gave her Tier V status instead of Tier IV status, where she
    7  would have been had she been able to file a membership application  when
    8  she  became  a  permanent employee on November 14, 2008 may be deemed to
    9  have become a member of the New York state and local employees'  retire-
   10  ment  system  on November 14, 2008 if on or before December 31, 2011 she
   11  shall file with the state comptroller a written request to that  effect.
   12  Upon the granting of such retroactive membership, Michelle Merlino shall
   13  not  be granted a refund of any employee contribution made by her to the
   14  New York state and local employees' retirement system.
   15    S 2. Any past service costs incurred in implementing the provisions of
   16  this act shall be borne by the Deer Park Union Free School District.
   17    S 3. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09151-05-1
       S. 4048--A                          2                         A. 6335--A
         This bill would grant Tier 4 membership in  the  New  York  State  and
       Local  Employees'  Retirement System to Michelle Merlino by changing her
       date of membership to November 14, 2008.  She  currently  is  a  Tier  5
       member.
         If  this bill is enacted, we anticipate that there will be an increase
       in the annual contributions of the Deer Park Union Free School  District
       for  the  fiscal  year  ending  March  31, 2012 of approximately 3.0% of
       Michelle Merlino's annual compensation.
         Since the amount of this member's service credit is negligible,  there
       will be no past service cost.
         This  estimate,  dated March 4, 2011, and intended for use only during
       the 2011 Legislative Session, is Fiscal Note No. 2011-125,  prepared  by
       the  Actuary  for  the  New  York  State and Local Employees' Retirement
       System.
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