Bill Text: NY S08450 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that members of a retirement system who retire from such system and later rejoin the retirement system are reinstated with the same rights, benefits and privileges they had prior to retirement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - PRINT NUMBER 8450A [S08450 Detail]

Download: New_York-2023-S08450-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8450--A

                    IN SENATE

                                    January 31, 2024
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN  ACT to amend the administrative code of the city of New York and the
          retirement and social security law,  in  relation  to  providing  that
          members  of  a retirement system who retire from such system and later
          rejoin the retirement system are entitled to the same rights, benefits
          and privileges such member had prior to retirement

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  13-105 of the administrative code of the city of
     2  New York is amended to read as follows:
     3    § 13-105 Membership; eligibility in certain cases. Notwithstanding any
     4  inconsistent provision of this chapter, the code, or any other  law,  an
     5  officer  or  employee  in  city-service  who  is  otherwise eligible for
     6  membership in this retirement system but  who  is  entitled  to  receive
     7  benefits  from any other pension fund or retirement system maintained by
     8  the city may become a member of this  retirement  system  provided  such
     9  benefits  are  suspended  during [his or her] such officer or employee's
    10  active membership in this retirement system. Such member shall  contrib-
    11  ute  to this retirement system as a new entrant, provided, however, that
    12  in the case of a member who has retired or retires from  public  service
    13  on  or  after  July first, nineteen hundred seventy-six and suspended or
    14  suspends such member's retirement allowance upon entrance into city-ser-
    15  vice, such member shall be entitled to the same rights and privileges as
    16  those to which such member was entitled upon such member's last date  of
    17  entry  into  a  public retirement system or pension fund of the state or
    18  the city of New York.
    19    § 2. Subdivision 2 of section 519 of the retirement and social securi-
    20  ty law is amended by adding a new paragraph (vi) to read as follows:
    21    (vi) Notwithstanding any other provision  of  law,  any  member  of  a
    22  public  retirement  system  who  retired  after having last entered such
    23  system on or after July first, nineteen hundred seventy-six, and  there-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10225-03-4
        S. 8450--A                          2

     1  after  re-entered  service  and  joined  or rejoined a public retirement
     2  system shall be entitled to all the rights, benefits and privileges  and
     3  subject  to all the obligations set forth in any law or laws relating to
     4  public  retirement  systems  and  to  which  such member would have been
     5  subject or entitled had such member entered or re-entered membership  in
     6  such  retirement  system  on the date in which such member first entered
     7  the retirement system from which such member retired.
     8    § 3. Subdivision b of section 614 of the retirement and social securi-
     9  ty law is amended by adding a new paragraph (vi) to read as follows:
    10    (vi) Notwithstanding any other provision  of  law,  any  member  of  a
    11  public  retirement  system  who  retired  after having last entered such
    12  system on or after July first, nineteen hundred seventy-six, and  there-
    13  after  re-entered  service  and  joined  or rejoined a public retirement
    14  system shall be entitled to all the rights, benefits and privileges  and
    15  subject  to all the obligations set forth in any law or laws relating to
    16  public retirement systems and to  which  such  member  would  have  been
    17  subject  or entitled had such member entered or re-entered membership in
    18  such retirement system on the date in which such  member  first  entered
    19  the retirement system from which such member retired.
    20    § 4. This act shall take effect immediately.