STATE OF NEW YORK
________________________________________________________________________
S. 4048--A A. 6335--A
2011-2012 Regular Sessions
SENATE - ASSEMBLY
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 § 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 § 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.
