S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5305
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 17, 2015
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees
       AN  ACT  to  amend  the  administrative code of the city of New York, in
         relation to the composition of the board of trustees of the  New  York
         city employees' retirement system
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 5 of subdivision  b  of  section  13-103  of  the
    2  administrative  code  of  the  city  of  New  York is amended to read as
    3  follows:
    4    5. (a) [Three] FOUR employee representatives, who shall each be  enti-
    5  tled  to  cast  one  vote.  The  chief  executive officer of each of the
    6  [three] FOUR employee organizations designated as [herein]  provided  IN
    7  THIS SUBDIVISION shall be one of such representatives.
    8    (b)  On  or  before  July first of the year in which this subparagraph
    9  shall take effect, the director of labor relations of the city (or other
   10  officer performing the same or similar functions  under  another  title)
   11  shall,  by instrument in writing filed in his or her office and with the
   12  board, designate (I) the three employee organizations  which  represent,
   13  for  the purposes of collective bargaining on pension matters, the larg-
   14  est number of employees who are members of the  retirement  system,  AND
   15  (II)  THE  EMPLOYEE  ORGANIZATION  WHICH REPRESENTS, FOR THE PURPOSES OF
   16  COLLECTIVE  BARGAINING  ON  PENSION  MATTERS,  THE  LARGEST  NUMBER   OF
   17  UNIFORMED  EMPLOYEES  WHO  ARE  MEMBERS  OF  THE RETIREMENT SYSTEM. Such
   18  designation shall be reviewed annually by such director or  other  offi-
   19  cer,  and  if  such  review  discloses  a  change in the standing of the
   20  employee organizations concerned, such designation  shall  thereupon  be
   21  revised  by  him  or  her to specify the [three] FOUR such organizations
   22  having the leading representational status as  [hereinabove]  prescribed
   23  IN THIS SUBPARAGRAPH.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08336-01-5
       A. 5305                             2
    1    (c)  Any  such  employee  representative may, by written authorization
    2  filed with the board, designate one or more persons to act in the  place
    3  of such member on such board in the event of the absence of such member,
    4  provided,  however, that the by-laws or constitution of the organization
    5  of  which  he  or  she  is chief executive officer authorize such desig-
    6  nation.
    7    (d) Each act of such board shall be by  a  resolution  adopted  by  at
    8  least  [three]  FOUR and [three-fifths] ONE-FIFTH votes. The concurrence
    9  of one  employee  representative  and  one  non-employee  representative
   10  member  or members entitled to one vote shall be necessary for an act of
   11  such board. A quorum of such board shall consist of members entitled  to
   12  cast at least [three] FOUR and [three-fifths] ONE-FIFTH votes.
   13    S 2. This act shall take effect immediately.