Authorizes Frank Lyburd III, Brian McNamara, Peter J. Jacobs, Roman S. Wilinski, Alex U. Chenche and Tara T. Desposito, police officers in the town of Southold, county of Suffolk, to receive certain service credit under section 384-d of the retirement and social security law.
Summary
This bill authorizes the Town of Southold, Suffolk County, to reopen participation in the optional 20-year police retirement plan under sections 384-d and 384-e of the Retirement and Social Security Law for six named police officers. The officers listed are Frank Lyburd III, Brian McNamara, Peter J. Jacobs, Roman S. Wilinski, Alex U. Chenche, and Tara T. Desposito. Each of them was originally placed in the general retirement plan under section 375-i, and the bill states that this occurred for reasons not attributable to their own negligence.
If the town elects to participate, the affected officers may opt into the enhanced retirement plan and receive full service credit for their prior service. The town must file a resolution with the State Comptroller within six months of the act’s effective date, and the officers must then make their election within one year. The bill takes effect immediately and places all implementation costs on the Town of Southold, which may amortize those costs over five years.
Impact
The bill creates a narrow, local exception to the retirement and social security law by allowing Southold to retroactively extend a police retirement benefit that was previously unavailable to these six officers because of an enrollment error. It does not change the statewide structure of section 384-d generally, but it authorizes a one-time reopening of the plan for named employees and requires the town to assume the additional actuarial cost. According to the fiscal note, the measure would increase annual employer contributions and create a substantial past service cost for the town, with the option to amortize that cost over five years.
Sentiment
The available voting history suggests strong support and little opposition. The Assembly Ways and Means Committee advanced the bill unanimously, and the Assembly Rules Committee also reported it favorably without any recorded negative votes. There are no committee transcripts indicating debate or controversy, which suggests the bill was viewed as a routine corrective retirement measure rather than a contested policy change.
Contention
The main issue is fiscal responsibility rather than policy direction. The bill shifts the cost of the enhanced retirement benefit entirely to the Town of Southold, including both ongoing contributions and a significant past service liability. The measure also hinges on a factual determination that the officers were enrolled in the wrong retirement plan through no fault of their own, so the town must certify that point to the Comptroller before the benefit can be reopened. No broader opposition is evident in the available record.
Same As
Authorizes Frank Lyburd III, Brian McNamara, Peter J. Jacobs, Roman S. Wilinski, Alex U. Chenche and Tara T. Desposito, police officers in the town of Southold, county of Suffolk, to receive certain service credit under section 384-d of the retirement and social security law.