Bill Text: NY S05936 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 5936 (Prior Session Legislation)

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

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 (Republican 3-0)

Status: (Introduced - Dead) 2014-04-04 - PRINT NUMBER 5936A [S05936 Detail]

Download: New_York-2013-S05936-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5936
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                  September 18, 2013
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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
   24  ASSOCIATION,  FIRST EMPLOYED ON OR AFTER THE EFFECTIVE DATE OF THE CHAP-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11781-02-3
       S. 5936                             2
    1  TER OF THE LAWS OF TWO THOUSAND FOURTEEN WHICH AMENDED THIS SUBDIVISION,
    2  SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE RETIREMENT SYSTEM.
    3    S  2. Section 609 of the retirement and social security law is amended
    4  by adding a new subdivision i to read as follows:
    5     I. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR  ANY  OTHER
    6  LAW,  RULE  OR  REGULATION, AN OFFICER OR EMPLOYEE OF THE NEW YORK STATE
    7  ASSOCIATION OF TOWN SUPERINTENDENTS OF  HIGHWAYS,  INC.,  THE  NEW  YORK
    8  STATE SCHOOL BOARDS ASSOCIATION, THE NEW YORK STATE ASSOCIATION OF COUN-
    9  TIES,  THE  ASSOCIATION  OF TOWNS OF THE STATE OF NEW YORK, THE NEW YORK
   10  CONFERENCE OF MAYORS AND OTHER MUNICIPAL OFFICIALS, OR ANY SCHOOL  BOARD
   11  ASSOCIATION,  SHALL  NOT RECEIVE SERVICE CREDIT FOR EMPLOYMENT WITH SUCH
   12  ORGANIZATION ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   13    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   14  sion, section or part of this act shall be  adjudged  by  any  court  of
   15  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   16  impair, or invalidate the remainder thereof, but shall  be  confined  in
   17  its  operation  to the clause, sentence, paragraph, subdivision, section
   18  or part thereof directly involved in the controversy in which such judg-
   19  ment shall have been rendered. It is hereby declared to be the intent of
   20  the legislature that this act would  have  been  enacted  even  if  such
   21  invalid provisions had not been included herein.
   22    S 4. This act shall take effect immediately.
         FISCAL  NOTE.--This  bill would require that persons first employed by
       the following associations on or after the effective date  will  not  be
       eligible  for  membership  in  the  New  York State and Local Employees'
       Retirement System:
         The New York state association of town  superintendents  of  highways,
       inc,
         The New York state school board 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, and
         Any school board association.
         This  legislation  also would freeze the benefit accruals of employees
       of one of the boards or associations who are members of the NYS&LERS  as
       of  the  effective date. If this bill is enacted, it is likely to face a
       constitutional challenge based upon the guarantee that a member's  bene-
       fits may not be diminished.
         If  this  bill  is  enacted,  there  will be no cost to the retirement
       system.
         Summary of relevant resources:
         The membership data used in  measuring  the  impact  of  the  proposed
       change  was  the same as that used in the March 31, 2013 actuarial valu-
       ation.  Distributions and other statistics can  be  found  in  the  2013
       Report of the Actuary and the 2013 Comprehensive Annual Financial Report
       when released in the fall of 2013.
         The  actuarial assumptions and methods used are described in the 2010,
       2011, 2012 and 2013  Annual  Report  to  the  Comptroller  on  Actuarial
       Assumptions,  and  the  Codes  Rules and Regulations of the State of New
       York: Audit and Control.
         The Market Assets and GASB Disclosures are found in the March 31, 2013
       New York State and Local  Retirement  System  Financial  Statements  and
       Supplementary Information.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication   Standards  to  render  the  statement  of  actuarial  opinion
       contained herein.
       S. 5936                             3
         This estimate, dated September 13, 2013, and  intended  for  use  only
       during  the  2014  Legislative  Session,  is  Fiscal  Note  No. 2014-10,
       prepared by the Actuary for the New  York  State  and  Local  Employees'
       Retirement System.