Bill Text: NY S08801 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enables public employers to offer an age fifty-five with ten years of service or age fifty with twenty-five years of service temporary retirement incentives for certain public employees.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2020-09-28 - PRINT NUMBER 8801A [S08801 Detail]

Download: New_York-2019-S08801-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8801

                    IN SENATE

                                      July 17, 2020
                                       ___________

        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT in relation to enabling public employers to offer certain  tempo-
          rary retirement incentives for certain public employees

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

     1    Section 1. Legislative findings. The legislature  finds  and  declares
     2  that  the  state  is  experiencing economic difficulties and in order to
     3  avoid layoffs of public employees, a retirement incentive is  necessary.
     4  However, nothing in this act shall be construed to create an expectation
     5  of a future or continuing retirement benefit for any public employee who
     6  is  not  eligible  to receive and qualify for the retirement benefits in
     7  this act during the applicable time periods.
     8    § 2. Definitions. For purposes of this act, the following terms  shall
     9  have the following meanings:
    10    (a)  "Retirement system" means the New York state and local employees'
    11  retirement system, the New York state teachers' retirement  system,  the
    12  New  York  city  teachers' retirement system, the New York city board of
    13  education retirement system or the New York city  employees'  retirement
    14  system,  exclusive  of  the  retirement  plans  established  pursuant to
    15  sections 13-156 and 13-157 of the administrative code of the city of New
    16  York.
    17    (b) "State employer" means:
    18    (1) the executive branch of the state;
    19    (2) the state-operated institutions of the  state  university  of  New
    20  York;
    21    (3)  the  statutory and contract colleges operated pursuant to section
    22  357 of the education law;
    23    (4) the state university construction fund (hereinafter referred to in
    24  this act as the "fund");
    25    (5) a cooperative extension association (hereinafter  referred  to  in
    26  this act as the "association");
    27    (6)  the  city  university  of New York as defined in subdivision 2 of
    28  section 6202 of the education law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16883-03-0

        S. 8801                             2

     1    (7) the unified court system;
     2    (8) the senate;
     3    (9) the assembly; and
     4    (10) joint legislative employers.
     5    (c)  "Participating  employer"  means  an employer, other than a state
     6  employer, which participates in a retirement  system.  Such  term  shall
     7  include a community college operating under the program of state univer-
     8  sity of New York.
     9    (d)  "Educational  employer" means a participating employer which is a
    10  school district, a board of cooperative educational  services,  a  voca-
    11  tional education and extension board, an institution for the instruction
    12  of  the  deaf and of the blind pursuant to section 4201 of the education
    13  law, or a school district pursuant to section 1 of chapter  566  of  the
    14  laws of 1967, as amended.
    15    (e)  (1)  "Eligible  employee"  means  a  person  who is a member of a
    16  retirement system who is an employee in the executive branch of a  state
    17  employer  or an employee of a state employer or a participating employer
    18  who has attained fifty years of age and has at least  twenty-five  years
    19  of creditable service or has attained fifty-five years of age and has at
    20  least  ten  years of creditable service in a retirement system, but such
    21  term shall not include the following persons:
    22    (i) elected officials, judges or justices appointed to or serving in a
    23  court of record and acting village justices;
    24    (ii) chief administrative officers of  participating  employers  which
    25  participate in a teachers' retirement system;
    26    (iii)  officers  described  in sections 4, 41-a, 46, 61, 70, 70-a, 169
    27  (including those officers whose salary is established pursuant to salary
    28  plans described in subdivision 3 of section 169), 180 and subdivision  1
    29  of  section  41  of  the executive law and any agency or department head
    30  appointed by the governor, comptroller or attorney general;
    31    (iv) appointed members of boards or commissions, any of whose  members
    32  are appointed by the governor or by another state officer or body;
    33    (v)  nonjudicial  officers  and employees of the unified court system,
    34  unless the chief administrator of the courts elects as provided  herein,
    35  which election shall cover only nonjudicial officers and employees hold-
    36  ing  positions  in  any  title  in the classified service of the unified
    37  court system;
    38    (vi) officers or employees of the senate unless the  senate  adopts  a
    39  resolution  authorizing  the temporary president to file the election as
    40  provided in this subdivision;
    41    (vii) officers or employees of the assembly unless the assembly adopts
    42  a resolution authorizing  the  speaker  of  the  assembly  to  file  the
    43  election as provided in this subdivision; and
    44    (viii) officers or employees of joint legislative employers unless:
    45    a.  with  respect to officers or employees of the legislative library,
    46  legislative messenger service, legislative health  service,  legislative
    47  ethics  committee,  the  legislative  bill  drafting commission, and the
    48  joint line of the legislative task force  on  demographic  research  and
    49  reapportionment,  the  senate and assembly adopt a concurrent resolution
    50  authorizing the temporary president of the senate and the speaker of the
    51  assembly to jointly file an election as provided in this subdivision;
    52    b. with respect to officers or employees of components of  the  senate
    53  as  identified pursuant to section 90 of the legislative law, the senate
    54  adopts a resolution authorizing  the  temporary  president  to  file  an
    55  election  for  officers  or  employees of those components designated in
    56  such resolution; and

        S. 8801                             3

     1    c. with respect to officers or employees of components of the assembly
     2  as identified pursuant to section 90 of the legislative law, the  assem-
     3  bly  adopts a resolution authorizing the speaker of the assembly to file
     4  an election for officers or employees of those components designated  in
     5  such resolution.
     6    (2)  Any  election under subparagraphs (v) through (viii) of paragraph
     7  one of this subdivision  to  make  available  the  retirement  incentive
     8  provided  by this act shall be in writing and filed with the state comp-
     9  troller not later than ninety days after the effective date of this act.
    10  Notwithstanding any other provision of this act, each such filing  shall
    11  specify the commencement date of the open period.
    12    (3)  For  the purposes of paragraph (vi), (vii) or (viii) of paragraph
    13  one of this subdivision, an employee of the legislature shall be as such
    14  term is defined in section 7-a, 7-b or 7-d of the legislative law or  by
    15  any other provision of law which classifies employees of an entity to be
    16  legislative  employees  for all purposes, but shall not include senators
    17  or members of the assembly. The term "joint legislative employer"  shall
    18  mean legislative commissions, committees, task forces, councils or simi-
    19  lar  bodies  whose membership is comprised of both senators and assembly
    20  members, or which consist of commissioners, or  the  majority  of  whose
    21  membership  is  appointed by one or more of the following: the temporary
    22  president of the senate, the speaker of the assembly, the minority lead-
    23  er of the senate, and/or the minority leader of the assembly. The tempo-
    24  rary president of the senate and the speaker of the  assembly  shall  be
    25  the  joint  legislative  employer  of  the  employees of the legislature
    26  referred to in sections 7-a and 7-b of the legislative law.
    27    (f) "College  faculty"  means  an  employee,  not  in  the  classified
    28  service, of a state employer described in paragraphs 2, 3, 4, 5 and 6 of
    29  subdivision  (b)  of  this  section  or  of a community college who is a
    30  member of a teachers' retirement system, or the New York state and local
    31  employees' retirement system.
    32    (g) "Active service" means service while being paid  on  the  payroll,
    33  provided that:
    34    (1) a leave of absence with pay shall be deemed active service;
    35    (2)  other  approved leave without pay not to exceed twelve weeks from
    36  February 1, 2020 and the commencement of the designated open period; and
    37    (3) the period of time subsequent to the June 2020 school term and  on
    38  or before August 31, 2020 for a teacher (or other employee employed on a
    39  school-year  basis)  who is otherwise in active service on the effective
    40  date of this act shall be deemed active service.
    41    (h) "Open period" means the period  beginning  with  the  commencement
    42  date  as  defined in subdivision (i) of this section and shall be ninety
    43  days in length, provided however that there shall be only one such  open
    44  period  and  any  such period shall not extend beyond September 30, 2020
    45  for a state employer and December 31, 2020 for a participating employer.
    46  For educational employers who make election after  July  15,  2020,  the
    47  open  period  shall begin immediately after such election, and shall not
    48  extend beyond October 15, 2020. For the purposes of retirement  pursuant
    49  to  this  act,  a service retirement application shall be filed with the
    50  appropriate retirement system not less than fourteen days prior  to  the
    51  effective date of retirement to become effective, unless a shorter peri-
    52  od of time is permitted under law.
    53    (i)  "Commencement  date"  means  the first day the retirement benefit
    54  mandated by this act shall be made available, which shall mean a date or
    55  dates on or after the effective date of this act to be determined by the
    56  director of state operations for the executive branch of the  state,  or

        S. 8801                             4

     1  for  any other state employer or any participating employer which elects
     2  to participate pursuant to section four of this act, a date on or  after
     3  the  effective  date  of this act, provided, however, that for an educa-
     4  tional  employer which elects to participate pursuant to subdivision (d)
     5  of this section, the commencement date shall be July 15, 2020  or  imme-
     6  diately  after  election  of  the  retirement  incentive for educational
     7  employers who elect after July 15, 2020 and provided, further  that  for
     8  participating  employers  which elect to participate pursuant to section
     9  four of this act, except the city of New York and participating  employ-
    10  ers  which  are not empowered to act by local law, the commencement date
    11  shall be November 1, 2020. The director of state operations shall notify
    12  the head of the appropriate retirement system of the date  of  the  open
    13  period  applicable  to  employees  of the executive branch or of a state
    14  employer prior to the commencement date.
    15    § 3. (a) A state employer which  elects  to  participate  pursuant  to
    16  section  four  of  this  act,  a  participating  employer  which  is not
    17  empowered to act by local law which elects to  participate  pursuant  to
    18  section  four  of  this  act,  or  the city of New York, if it elects to
    19  participate pursuant to section four  of  this  act  shall  establish  a
    20  commencement  date  for the retirement benefit established under section
    21  six of this act in the following manner:
    22    (1) for the executive branch, the director of state  operations  shall
    23  establish the commencement date in writing to the appropriate retirement
    24  system;
    25    (2)  for  state  employers described in paragraphs 2, 3, 4, 5 and 6 of
    26  subdivision (b) of section two of this act and  participating  employers
    27  that  are  not  empowered  to act by local law, its governing body shall
    28  adopt a resolution establishing a commencement date;
    29    (3) for state employers described in paragraphs 7,  8,  9  and  10  of
    30  subdivision  (b)  of  section two of this act, the person or persons who
    31  make the election to offer the retirement incentive  shall  establish  a
    32  commencement date in writing to the appropriate retirement system; and
    33    (4)  for the city of New York, the chief executive officer shall issue
    34  an executive order establishing the commencement date, provided,  howev-
    35  er,  no  executive  order,  in  the  case of the city of New York issued
    36  pursuant to this section, shall in any manner supersede any local  char-
    37  ter.    A  copy of any such resolution or executive order in the case of
    38  the city of New York establishing a commencement  date  shall  be  filed
    39  with  the  appropriate retirement system or systems, and, if applicable,
    40  on forms provided by such system. The resolution or executive  order  in
    41  the  case  of the city of New York shall be accompanied by the affidavit
    42  of the chief executive officer or other comparable  official  certifying
    43  the commencement date.
    44    (b) A state employer, participating employer which is not empowered to
    45  act by local law which elects to participate pursuant to section four of
    46  this  act,  or the city of New York if it elects to participate pursuant
    47  to section four of this act shall be required to establish  a  commence-
    48  ment date under subdivision (a) of this section for the retirement bene-
    49  fit established under section six of this act. In the event that a state
    50  employer,  a  participating  employer  which  is not empowered to act by
    51  local law which elects to participate pursuant to section four  of  this
    52  act,  or  the  city  of New York if it elects to participate pursuant to
    53  section four of this act fails to establish a commencement date for  the
    54  retirement  benefit  established  under  section  six  of  this act, the
    55  commencement date for the eligible employees of a state  employer  shall
    56  be  July  15,  2020. The commencement date for the eligible employees of

        S. 8801                             5

     1  all other employers referenced in this subdivision shall be September 1,
     2  2020.
     3    §  4.  On  or  before September 1, 2020, a participating employer or a
     4  state employer described in paragraphs 2, 3, 4, 5 and 6  of  subdivision
     5  (b)  of  section  two of this act may elect to provide its employees the
     6  retirement incentive authorized by this act by:
     7    (a) the enactment of a local law; or
     8    (b) in the case of a participating employer which is not so  empowered
     9  to act by local law or a state employer described in paragraphs 2, 3, 4,
    10  5  and  6 of subdivision (b) of section two of this act, by the adoption
    11  of a resolution of its governing body, provided however, no local law or
    12  resolution enacted pursuant to this section shall in any  manner  super-
    13  sede  any  local  charter,  provided  further,  that  for an educational
    14  employer such election shall be made thirty  days  after  the  effective
    15  date  of  this act.  For a community college operating under the program
    16  of state university of New York, such election  shall  be  made  by  the
    17  board  of  trustees of such community college subject to the approval of
    18  its sponsor. A copy of such law or resolution shall be  filed  with  the
    19  appropriate  retirement  system or systems, and, if applicable, on forms
    20  provided by such system. The local law or resolution shall  be  accompa-
    21  nied by the affidavit of the chief executive officer or other comparable
    22  official  certifying  the  validity of such local law or resolution. The
    23  executive branch of the state shall be deemed to have made  an  election
    24  under this section upon its enactment.
    25    § 5. Notwithstanding any other provision of law, any eligible employee
    26  who  has  been continuously in the active service of a state employer or
    27  of a participating employer from February 1, 2020 to the date immediate-
    28  ly prior to the commencement date of the applicable open  period,  files
    29  an  application for service retirement that is effective during the open
    30  period, and is eligible for a service retirement pursuant  to  this  act
    31  because  he  or she has attained the age of fifty and has at least twen-
    32  ty-five years of creditable service or has attained the  age  of  fifty-
    33  five  and has at least ten years of creditable service, as of the effec-
    34  tive date of the application for retirement shall  be  entitled  to  the
    35  retirement benefit provided in section six of this act.
    36    §  6.  (a)  Notwithstanding  any  other  provision of law, an eligible
    37  employee who is a member of a retirement system and who is entitled to a
    38  retirement benefit pursuant to section  five  of  this  act  may  retire
    39  during  the  open  period without the reduction of his or her retirement
    40  benefit that would otherwise be imposed by  article  11  or  15  of  the
    41  retirement  and social security law if he or she has attained the age of
    42  fifty and has completed at least twenty-five years of creditable service
    43  or has attained the age of fifty-five and has  completed  at  least  ten
    44  years  of creditable service. An eligible employee who is covered by the
    45  provisions of articles 11 and 15 of the retirement and  social  security
    46  law  shall  retire  under  the  provisions  of articles 11 and 15 of the
    47  retirement and social security law.
    48    (b) The director of state operations, the chief executive  officer  of
    49  the  city of New York, or chief executive officer or governing board, as
    50  appropriate, of the participating employer may deny participation in the
    51  retirement benefit provided by subdivision (a) of this  section  if  the
    52  director  of  state  operations, the chief executive officer of New York
    53  city or the chief executive officer or governing board  of  the  partic-
    54  ipating  employer  makes a determination that the employee holds a posi-
    55  tion that is deemed critical to the maintenance  of  public  health  and
    56  safety.

        S. 8801                             6

     1    (c)  The  action of the director of state operations, the chief execu-
     2  tive officer of the city of New York,  or  chief  executive  officer  or
     3  governing  board, as appropriate, of the participating employer in deny-
     4  ing the retirement benefit provided  for  in  subdivision  (a)  of  this
     5  section  to  any  individual  shall  be  subject to review in the manner
     6  provided for in article 78 of the civil practice  law  and  rules.  Such
     7  action  for  review pursuant to article 78 of the civil practice law and
     8  rules shall only be commenced by the  individual  that  was  denied  the
     9  retirement benefit provided by subdivision (a) of this section.
    10    (d)  After making any such determination under subdivision (b) of this
    11  section, the director of state operations, the chief  executive  officer
    12  of  the  city  of  New York and the chief executive officer or governing
    13  board, as appropriate, of the participating employer  shall  notify  the
    14  appropriate  retirement  system  or  teachers'  retirement system of its
    15  determination.
    16    § 7. The pension benefit costs of section six of  this  act  shall  be
    17  paid  by  employers  as  provided  by applicable law for each retirement
    18  system covered by this act over  a  period  not  to  exceed  five  years
    19  commencing in the state fiscal year ending March 31, 2022.
    20    §  8.  Section  50  of  the  legislative  law  shall  not apply to the
    21  provisions of this act.
    22    § 9. Severability clause. If any clause, sentence, paragraph, subdivi-
    23  sion, section or part of this act shall be  adjudged  by  any  court  of
    24  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    25  impair, or invalidate the remainder thereof, but shall  be  confined  in
    26  its  operation  to the clause, sentence, paragraph, subdivision, section
    27  or part thereof directly involved in the controversy in which such judg-
    28  ment shall have been rendered. It is hereby declared to be the intent of
    29  the legislature that this act would  have  been  enacted  even  if  such
    30  invalid provisions had not been included herein.
    31    § 10. This act shall take effect immediately.
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