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.
STATE OF NEW YORK
________________________________________________________________________
9126
2009-2010 Regular Sessions
IN ASSEMBLY
September 4, 2009
___________
Introduced by M. of A. BRODSKY -- read once and referred to the Commit-
tee on Governmental Employees
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 § 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
23 employment of John Leslie Bergmann had he become a member of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08241-03-9
A. 9126 2
1 retirement system at the time of the commencement of his employment by
2 Westchester county community college. In addition to such transfer,
3 John Leslie Bergmann shall pay to the New York city teachers' retirement
4 system, in a lump sum, an amount, if any, to be determined by the state
5 comptroller, equal to that which he would have been obligated to
6 contribute to the New York state and local employees' retirement system
7 due to his employment by Westchester county community college, had he
8 become a member of such system upon the commencement of such employment,
9 from the date of the commencement thereof until the date of his retire-
10 ment from employment by the city school district of the city of New
11 York.
12 § 3. Upon receipt of the transfer and the payment required by section
13 two of this act, the New York city teachers' retirement system shall
14 grant the retirement service authorized by section one of this act to
15 John Leslie Bergmann and shall recalculate and pay his retirement allow-
16 ance accordingly and pay to him any arrearage or deficiency to which he
17 may be entitled pursuant to the provisions of this act in a lump sum.
18 § 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative law, Section 50:
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 Employees' 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.
