SENATE BILL #S6856 SAME AS ASSEMBLY BILL #A9970

LAWS OF NEW YORK, 2008

CHAPTER 543

(See FISCAL NOTE at end of Chapter.)

AN ACT to authorize the county of Washington to offer an optional twenty-five year retirement plan to deputy sheriffs Gregory Danio, Kristen Frasier, Scott McFarren and Robert Sullivan

Became a law September 4, 2008, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-

bly, do enact as follows:

Section 1. Notwithstanding any other provision of law to the contrary,

the county of Washington, a participating employer in the New York state

and local police and fire retirement system, which previously elected to

offer the optional twenty-five year retirement plan established pursuant

to section 551 of the retirement and social security law, to sheriffs

employed by such county, is hereby authorized to make participation in

such plan available to Gregory Danio, Kristen Frasier, Scott McFarren

and Robert Sullivan, deputy sheriffs employed by the county of Washing-

ton, who, for reasons not ascribable to their own negligence failed to

make timely application to participate in such optional twenty-five year

retirement plan. The county of Washington may so elect by filing with

the state comptroller, on or before December 31, 2008, a resolution of

the Washington county board of supervisors together with certification

that such deputy sheriffs did not bar themselves from participation in

such retirement plan as a result of their own negligence. Thereafter,

such deputy sheriffs may elect to be covered by the provisions of

section 551 of the retirement and social security law, and shall be

entitled to the full rights and benefits associated with coverage under

such section, by filing a request to that effect with the state comp-

troller on or before June 30, 2009.

§ 2. All past service costs associated with implementing the

provisions of this act shall be borne by the county of Washington.

§ 3. This act shall take effect immediately.

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FISCAL NOTE.-- This bill will reopen the provisions of Section 551 of

the Retirement and Social Security Law for four law enforcement deputy

sheriffs with Washington County.

If this bill were enacted, we anticipate that there will be an

increase of approximately $5,400 in the annual contributions of Washing-

ton County.

In addition to the annual contributions discussed above, there will be

an immediate past service cost of approximately $16,000 which would be

borne by Washington County as a one-time payment. This estimate is based

on the assumption that payment will be made on February 1, 2009.

This estimate, dated January 29, 2008 and intended for use only during

the 2008 Legislative Session, is Fiscal Note No. 2008-143, prepared by

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

CHAP. 543 2

the Actuary for the New York State and Local Police and Fire Retirement

System.

The Legislature of the STATE OF NEW YORK ss:

Pursuant to the authority vested in us by section 70-b of the Public

Officers Law, we hereby jointly certify that this slip copy of this

session law was printed under our direction and, in accordance with such

section, is entitled to be read into evidence.

DEAN G. SKELOS SHELDON SILVER

Temporary President of the Senate Speaker of the Assembly