Bill Text: NY A00488 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Limits participation by employees of the New York state association of town superintendents of highways, inc., the New York state school boards association, the New York state association of counties, the association of towns of the state of New York, the New York conference of mayors and other municipal officials, or any school board association in the retirement system.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental employees [A00488 Detail]

Download: New_York-2015-A00488-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          488
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M. of A. RYAN -- read once and referred to the Committee
         on Governmental Employees
       AN ACT to amend the retirement and social security law, in  relation  to
         participation  by  public or quasi-public organizations in the retire-
         ment system
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  a of section 31 of the retirement and social
    2  security law, as amended by chapter 379 of the laws of 1989, is  amended
    3  to read as follows:
    4    a. Any public or quasi-public organization created wholly or partly or
    5  deriving  its powers by the legislature of the state and which organiza-
    6  tion employs persons engaged in service to the public or any state agen-
    7  cy as defined in section fifty-three-a of the state finance law, or  the
    8  New  York state association of town superintendents of highways, inc. or
    9  any school board association,  by  resolution  legally  adopted  by  its
   10  governing  body  and  approved by the comptroller, may elect to have its
   11  officers and employees become eligible to participate in the  retirement
   12  system.    Acceptance  of the officers and employees of such an employer
   13  for membership in the retirement system shall be optional with the comp-
   14  troller. If he shall approve  their  participation,  such  organization,
   15  except  as  specifically provided in this article to the contrary, shall
   16  thereafter be treated as a participating  employer.  Any  election  made
   17  pursuant  to  this  subdivision  by  a school board association shall be
   18  applicable to current employees of such  association.    NOTWITHSTANDING
   19  THE  FOREGOING PROVISIONS, ANY OFFICER OR EMPLOYEE OF THE NEW YORK STATE
   20  ASSOCIATION OF TOWN SUPERINTENDENTS OF  HIGHWAYS,  INC.,  THE  NEW  YORK
   21  STATE SCHOOL BOARDS ASSOCIATION, THE NEW YORK STATE ASSOCIATION OF COUN-
   22  TIES,  THE  ASSOCIATION  OF TOWNS OF THE STATE OF NEW YORK, THE NEW YORK
   23  CONFERENCE OF MAYORS AND OTHER MUNICIPAL OFFICIALS, OR ANY SCHOOL  BOARD
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00612-01-5
       A. 488                              2
    1  ASSOCIATION,  FIRST EMPLOYED ON OR AFTER THE EFFECTIVE DATE OF THE CHAP-
    2  TER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH AMENDED THIS  SUBDIVISION,
    3  SHALL  NOT  BE  ELIGIBLE TO PARTICIPATE AND/OR RECEIVE SERVICE CREDIT IN
    4  THE RETIREMENT SYSTEM BASED ON SUCH EMPLOYMENT.
    5    S  2. Section 609 of the retirement and social security law is amended
    6  by adding a new subdivision i to read as follows:
    7     I. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR  ANY  OTHER
    8  LAW,  RULE  OR  REGULATION, AN OFFICER OR EMPLOYEE OF THE NEW YORK STATE
    9  ASSOCIATION OF TOWN SUPERINTENDENTS OF  HIGHWAYS,  INC.,  THE  NEW  YORK
   10  STATE SCHOOL BOARDS ASSOCIATION, THE NEW YORK STATE ASSOCIATION OF COUN-
   11  TIES,  THE  ASSOCIATION  OF TOWNS OF THE STATE OF NEW YORK, THE NEW YORK
   12  CONFERENCE OF MAYORS AND OTHER MUNICIPAL OFFICIALS, OR ANY SCHOOL  BOARD
   13  ASSOCIATION,  SHALL  NOT RECEIVE SERVICE CREDIT FOR EMPLOYMENT WITH SUCH
   14  ORGANIZATION ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   15    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   16  sion, section or part of this act shall be  adjudged  by  any  court  of
   17  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   18  impair, or invalidate the remainder thereof, but shall  be  confined  in
   19  its  operation  to the clause, sentence, paragraph, subdivision, section
   20  or part thereof directly involved in the controversy in which such judg-
   21  ment shall have been rendered. It is hereby declared to be the intent of
   22  the legislature that this act would  have  been  enacted  even  if  such
   23  invalid provisions had not been included herein.
   24    S 4. This act shall take effect immediately.