S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3327

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. GORDON
  -- read once and referred to the Committee on  Mental  Health,  Mental
  Retardation and Developmental Disabilities

AN  ACT to amend the mental hygiene law, in relation to retirement bene-
  fits for certain direct care workers employed by not-for-profit office
  of mental retardation and developmental disabilities providers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
41.60 to read as follows:
S 41.60 ADDITIONAL EXPENDITURES RELATED TO RETIREMENT BENEFITS.
  THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES  SHALL
ANNUALLY  REIMBURSE  LICENSED NOT-FOR-PROFIT CORPORATIONS, WHICH PROVIDE
DIRECT CARE TO CONSUMERS OF SERVICES APPROVED BY THE  OFFICE  OF  MENTAL
RETARDATION  AND  DEVELOPMENTAL  DISABILITIES,  FOR THE COST OF EMPLOYER
CONTRIBUTIONS TO A RETIREMENT BENEFIT FUND GOVERNED BY THE PROVISIONS OF
THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED.
SUCH REIMBURSEMENT SHALL COMMENCE ON THE  FIRST  DAY  OF  APRIL  OF  THE
CALENDAR YEAR FOLLOWING THE SUBMISSION BY SUCH CORPORATION OF THE FEDER-
AL INTERNAL REVENUE SERVICE FORM 5500 WHICH DOCUMENTS THAT SUCH EMPLOYER
CONTRIBUTIONS WERE MADE. ANY SUCH CORPORATION MAY APPLY TO THE OFFICE OF
MENTAL   RETARDATION   AND   DEVELOPMENTAL  DISABILITIES  FOR  EXPEDITED
REIMBURSEMENT OF SUCH EMPLOYER CONTRIBUTIONS UPON DEMONSTRATING TO  SUCH
OFFICE  THAT  SUCH  PAYMENTS  MUST BE MADE PROMPTLY, AND THAT THE CORPO-
RATION CANNOT REASONABLY MAKE  PROMPT  PAYMENT.  THE  OFFICE  OF  MENTAL
RETARDATION  AND  DEVELOPMENTAL  DISABILITIES  SHALL  NOT  REIMBURSE ANY
AMOUNT WHICH EXCEEDS TEN PERCENT OF  THE  EMPLOYER'S  TOTAL  PAYROLL  ON
DECEMBER THIRTY-FIRST OF ANY YEAR IN WHICH CONTRIBUTIONS ARE MADE.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06857-01-9