S T A T E   O F   N E W   Y O R K
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                                  1790

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  option election

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

  Section 1. Subdivision b of section 800 of the retirement  and  social
security law, as added by chapter 437 of the laws of 1993, is amended to
read as follows:
  b.  "Employer" or "participating employer" shall mean the state of New
York and any other  unit  of  government  or  organization  which  makes
contributions  to a public retirement system on behalf of its employees.
Provided however, that, WITH THE EXCEPTION OF THE PROVISIONS OF  SECTION
EIGHT HUNDRED NINE OF THIS ARTICLE, the provisions of this article shall
not  apply  to  the  city of New York until such city enacts a local law
adopting this article in its entirety. Until such date (subject  to  the
provisions of section eight hundred six of this article), no member of a
public retirement system: (i) who is an employee of the city of New York
shall  have any rights created by the provisions of this article or (ii)
who is not an employee of the city of New York  shall  have  any  rights
created  by this article resulting from any prior employment by the city
of New York. For the purposes herein: (i) the "city of New  York"  shall
include:  (a)  every  employer other than a state employer which partic-
ipates in the New York city employees' retirement system, New York  city
teachers' retirement system, New York city police pension fund, New York
city  fire  department pension fund or the New York city board of educa-
tion retirement system, and (b) a city of New York funded college of the
state university of New York located within such city, the city  of  New
York  libraries  subject  to section thirty-two of this chapter, and the
civilian and uniformed employees described  in  subdivision  sixteen  of
section  twelve  hundred  four of the public authorities law; and (ii) a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03495-02-9
              

S. 1790                             2

"state employer"  shall  mean  the  unified  court  system,  the  senior
colleges  of the city university of New York and a public benefit corpo-
ration, public corporation or subsidiary corporation a majority  of  the
members  of which are appointed by the governor, designated by virtue of
their state office or appointed or designated by any combination of  the
foregoing.
  S 2. The retirement and social security law is amended by adding a new
section 809 to read as follows:
  S  809. AVAILABILITY OF OPTION ELECTION FORMS. TO THE EXTENT PRACTICA-
BLE, EACH PUBLIC RETIREMENT SYSTEM AND EACH PARTICIPATING  EMPLOYER,  AS
DEFINED  IN  SECTION  EIGHT  HUNDRED  OF  THIS ARTICLE, SHALL PROVIDE AN
OPTION ELECTION FORM ON OR WITH EVERY DISABILITY RETIREMENT APPLICATION.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would require public retirement  systems  and  employers  to
provide  an option election form with every disability retirement appli-
cation.
  If this bill is enacted, insofar as this bill  affects  the  New  York
State  and Local Employees' Retirement System and the New York State and
Local Police and Fire  Retirement  System,  there  would  be  negligible
administrative costs.
  This  estimate,  dated  January  27,  2009,  and intended for use only
during the 2009 Legislative Session,  is  Fiscal  Note  Number  2009-118
prepared  by  the  Actuary  of  the  New York State and Local Employees'
Retirement System and the New York  State  and  Local  Police  and  Fire
Retirement System.