Bill Text: NY A06100 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates other post-employment benefit reserve funds; defines terms.
Spectrum: Slight Partisan Bill (Democrat 17-9)
Status: (Introduced - Dead) 2020-01-08 - referred to education [A06100 Detail]
Download: New_York-2019-A06100-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6100 2019-2020 Regular Sessions IN ASSEMBLY February 28, 2019 ___________ Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Education AN ACT to amend the general municipal law and the education law, in relation to the creation and funding of other post-employment benefit reserve funds; and to repeal certain provisions of the general munici- pal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general municipal law is amended by adding a new 2 section 6-v to read as follows: 3 § 6-v. Other post-employment benefit reserve funds. 1. As used in this 4 section: 5 (a) "Municipal corporation" means a school district (except a school 6 district in a city with a population of one hundred twenty-five thousand 7 or more) or a board of cooperative educational services. 8 (b) "Other post-employment benefit" means any benefit other than a 9 pension benefit that a municipal corporation is obligated by contract, 10 local law, or statute to pay to, or on behalf of, an individual on 11 account of that individual's prior employment by the municipal corpo- 12 ration, including post-employment healthcare benefits, regardless of the 13 type of plan that provides them, but excluding termination benefits such 14 as those described in section six-p of this article. 15 (c) "Participating employer" means a participating employer as defined 16 in subdivision twenty of section two of the retirement and social secu- 17 rity law or in subdivision twenty of section three hundred two of such 18 law. 19 2. The governing board of any municipal corporation which is also a 20 participating employer may establish by resolution a reserve fund for 21 the purpose of financing other post-employment benefits. 22 3. There may be paid into another post-employment benefit reserve 23 fund: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10209-01-9A. 6100 2 1 (a) Such amounts as may be provided therefor by budgetary appropri- 2 ation or raised by tax therefor; 3 (b) Such revenues as are not required by law to be paid into any other 4 fund or account; 5 (c) Such other funds as may be legally appropriated; and 6 (d) Notwithstanding any law to the contrary, such amounts as may be 7 transferred from a reserve fund established pursuant to section six-c, 8 six-d, six-e, six-f, six-g, six-m, six-n, or six-p of this article 9 comprised of moneys raised from the same tax base as the moneys in the 10 other post-employment benefit reserve fund, or a reserve fund estab- 11 lished pursuant to section thirty-six hundred fifty-one of the education 12 law, provided, that any such transfer shall only be made by resolution 13 of the governing board of such municipal corporation adopted after a 14 public hearing held on at least fifteen days prior published notice in 15 the official newspaper of the municipal corporation or, if the munici- 16 pal corporation does not have an official newspaper, in at least one 17 newspaper having general circulation in the municipal corporation. 18 4. The moneys in another post-employment benefit reserve fund shall be 19 deposited and secured in the manner provided by section ten of this 20 article, the governing board of such municipal corporation, or the chief 21 fiscal officer thereof if the governing board shall delegate such duty 22 to him or her, may invest the moneys in such fund in the manner provided 23 by section eleven of this article, any interest earned or capital gain 24 realized on the money so deposited or invested shall accrue to and 25 become part of such fund. 26 5. The governing board of such municipal corporation by resolution may 27 authorize expenditures from another post-employment benefit reserve fund 28 except as otherwise provided by law, moneys in another post-employment 29 benefit reserve fund may only be expended to finance other post-employ- 30 ment benefits. 31 6. The governing board of such municipal corporation by resolution may 32 authorize the transfer of a portion of the moneys in another post-em- 33 ployment benefit reserve fund to a reserve fund of the municipal corpo- 34 ration established pursuant to section six-c, six-d, six-e, six-f, 35 six-g, six-m, six-n, or six-p of this article comprised of moneys raised 36 from the same tax base as the moneys in the retirement contribution 37 reserve funds, or a reserve fund established pursuant to section thir- 38 ty-six hundred fifty-one of the education law, provided, that any such 39 transfer shall only be made by resolution of the governing board of such 40 municipal corporation adopted after a public hearing held on at least 41 fifteen days prior published notice in the official newspaper of the 42 municipal corporation or, if the municipal corporation does not have an 43 official newspaper, in at least one newspaper having general circulation 44 in the municipal corporation. 45 7. The chief fiscal officer of such municipal corporation shall 46 account for another post-employment benefit reserve fund separate and 47 apart from all other funds of the municipal corporation such accounting 48 shall show: the source, date and amount of each sum paid into the fund; 49 the interest earned by such fund; capital gains or losses resulting from 50 the sale of investments of this fund; the order, purpose thereof, date 51 and amount of each payment from such fund; the assets of the fund, indi- 52 cating cash balance and a schedule of investments. 53 The chief fiscal officer, within sixty days of the end of each fiscal 54 year, shall furnish a detailed report of the operation and condition of 55 this fund to the governing board.A. 6100 3 1 8. No member of the governing board of such municipal corporation 2 shall: 3 (a) Authorize a withdrawal from another post-employment benefit 4 reserve fund for any purpose except as provided in this section; or 5 (b) Expend any money withdrawn from such fund for a purpose other than 6 as provided in this section. 7 9. The governing board of such municipal corporation by resolution may 8 determine that an other post-employment benefit reserve fund is no long- 9 er needed and terminate the fund. Such resolution shall transfer any 10 moneys remaining in such fund to one or more reserve funds of the munic- 11 ipal corporation established pursuant to section six-c, six-d, six-e, 12 six-f, six-g, six-m, six-n, or six-p of this article comprised of moneys 13 raised from the same tax base as the moneys in the other post-employment 14 benefit reserve fund, or one or more reserve funds established pursuant 15 to section thirty-six hundred fifty-one of the education law. 16 § 2. Notwithstanding any other provision of law, within 180 days of 17 the effective date of this act, a municipal corporation may by resol- 18 ution transfer into another post-employment benefits reserve fund 19 created in accordance with section 6-v of the general municipal law any 20 funds previously committed or assigned by that municipal corporation for 21 the purpose of paying other post-employment benefits as defined in 22 section 6-v of the general municipal law, regardless of how those funds 23 have been designated. 24 § 3. Subdivisions 10 and 11 of section 6-p of the general municipal 25 law are REPEALED. 26 § 4. Paragraph b of subdivision 5 of section 1950 of the education 27 law, as amended by chapter 296 of the laws of 2016, is amended to read 28 as follows: 29 b. The cost of services herein referred to shall be the amount allo- 30 cated to each component school district by the board of cooperative 31 educational services to defray expenses of such board, including 32 approved expenses from the testing of potable water systems of occupied 33 school buildings under the board's jurisdiction as required pursuant to 34 section eleven hundred ten of the public health law, except that that 35 part of the salary paid any teacher, supervisor or other employee of the 36 board of cooperative educational services which is in excess of thirty 37 thousand dollars shall not be such an approved expense, and except also 38 that administrative and clerical expenses shall not exceed ten percent 39 of the total expenses for purposes of this computation. Any gifts, 40 donations or interest earned by the board of cooperative educational 41 services or on behalf of the board of cooperative educational services 42 by the dormitory authority or any other source shall not be deducted in 43 determining the cost of services allocated to each component school 44 district. [Any payments made to a component school district by the board45of cooperative educational services pursuant to subdivision eleven of46section six-p of the general municipal law attributable to an approved47cost of service computed pursuant to this subdivision shall be deducted48from the cost of services allocated to such component school district.] 49 The expense of transportation provided by the board of cooperative 50 educational services pursuant to paragraph q of subdivision four of this 51 section shall be eligible for aid apportioned pursuant to subdivision 52 seven of section thirty-six hundred two of this chapter and no board of 53 cooperative educational services transportation expense shall be an 54 approved cost of services for the computation of aid under this subdivi- 55 sion. Transportation expense pursuant to paragraph q of subdivision fourA. 6100 4 1 of this section shall be included in the computation of the ten percent 2 limitation on administrative and clerical expenses. 3 § 5. This act shall take effect immediately.
