Authorizes the village of Tuckahoe, in the county of Westchester, to offer a certain retirement option to police officer Christopher J. Santiago

BILL NUMBER:S5994

Title of bill

An act to authorize the village of Tuckahoe, in the county of Westchester, to offer a certain retirement option to police officer Christopher J. Santiago

Purpose

This bill will authorize the village of Tuckahoe, in the county of Westchester, to offer a different retirement option to police officer Christopher J. Santiago

Summary of provisions

Section 1. Notwithstanding any other provision of law to the contrary, the village of Tuckahoe, in the county of Westchester, a participating employer in the New York state and local police and fire retirement system, which previously elected to offer the optional retirement plan established pursuant to section 384-d of the retirement and social security law to firefighters and police officers employed by such village, is hereby authorized to make participation in such plan available to police officer Christopher J. Santiago, who was employed by the village of Tuckahoe on August 4, 2008 and who, on the effective date of this act is covered under the provisions of section 375-i of the retirement and social security law, and who, for reasons not ascribable to his own negligence failed to make a timely application to participate in such optional retirement plan. The village of Tuckahoe may so elect by filing with the state comptroller, on or before November 30, 2014 a resolution of its legislative body together with certification that police officer Christopher J. Santiago did not bar himself from participation in such retirement plan as a result of his own negligence.

Christopher J. Santiago will then be covered by the provisions of section 384-d of the retirement and social security law provided he files a request to that effect with the state comptroller on or before December 31, 2014.

§ 2. All cost associated with implementing the provisions of this act shall be borne by the village of Tuckahoe.

§ 3. This act shall take effect immediately.

Justification

General Counsel to the Tuckahoe Police Benevolent Association recently learned that one of its members, Police Officer Christopher J. Santiago, was unintentionally placed in the wrong New York State Pension Plan when he was first hired by the Village on August 4, 2008. Instead of being enrolled in Plan 384(d), he was placed in Plan 375(i). This error has a profound impact on Officer Santiago's ability to retire after twenty (20) years, as expected. Additionally, the error will serve to diminish the pension benefits he is entitled to receive. The village is therefore asking for this change.

Legislative history

None

Fiscal implications

Pursuant to Legislative Law, Section 50:

This bill will allow the village of Tuckahoe to elect to reopen the provisions of Section 384-d of the Retirement and Social Security Law for police officer Christopher J. Santiago. If this bill is enacted, we anticipate that there will be an increase of approximately $8,900 in the annual contributions of the village of Tuckahoe for the fiscal year ending March 31, 2015. In future years, this cost will vary as the billing rates and salary of Christopher J. Santiago change.

In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $9,950 which would be borne by the village of Tuckahoe as a one-time payment. This estimate is based on the assumption that payment will be made on February 1, 2015.

Local fiscal implications

To be determined

Effective date

This act shall take effect immediately.