S T A T E   O F   N E W   Y O R K
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                                  2310

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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
  date of membership in public retirement systems

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

  Section 1. Paragraph 1 of subdivision b of section 803 of the  retire-
ment  and  social  security  law, as added by chapter 437 of the laws of
1993, is amended to read as follows:
  (1) the member files a written request for retroactive membership in a
public retirement system with the  member's  current  retirement  system
[within  three years of the effective date of this article] ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, or  within  two  years  of  the
enactment  of  a local law by the city of New York for a member who: (i)
is an employee of the city of New York; or (ii) is not  an  employee  of
the  city  of  New  York, but has prior employment with such city, which
without the transfer and crediting  provisions  of  this  article  would
render  him  or  her  ineligible  for  retroactive  membership under the
provisions of this section;
  S 2. Paragraph 2 of subdivision e of section 803 of the retirement and
social security law, as added by chapter 683 of the  laws  of  1995,  is
amended to read as follows:
  (2)  In the case of an individual who [on March thirty-first, nineteen
hundred ninety-three was a member of any public  retirement  system  and
who,  on  such  date]  IS  ELIGIBLE  TO APPLY FOR RETROACTIVE MEMBERSHIP
PURSUANT TO THIS SECTION AND WHO,  ON  SUCH  DATE  OF  APPLICATION,  was
employed  by  an  employer  other  than the employer which employed such
member at the time he or she was first eligible to join a public retire-
ment system, costs to such original employer shall not exceed a percent-
age of the total cost but not greater than one hundred percent  of  such
cost;  (a)  such percentage to be determined in the case of the New York

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05607-01-9
              

S. 2310                             2

state and local employees' retirement system and the New York state  and
local  police  and fire retirement system by dividing the greater of the
amounts calculated under [subparagraph]  CLAUSE  (i)  or  (ii)  of  this
[paragraph]  SUBPARAGRAPH by the salary used for calculating costs under
paragraph one of this subdivision:  (i)  the  annual  compensation  such
member  would  have earned during the salary period used for calculating
costs under this subdivision had such member remained  in  the  original
position,  as  determined  by applying annual increases of seven percent
from the time of such original twelve month  period  to  the  amount  of
annual  compensation  such  member  was  actually  paid by such employer
during the first twelve months of employment or (ii) the  amount  deter-
mined  by  applying  annual  increases of seven percent to the amount an
individual employed on a full-time basis at the  then  applicable  state
minimum wage would have earned during such twelve month period; (b) such
percentage in the case of the New York state teachers' retirement system
to  be  determined  by dividing by the member's annualized salary in the
year in which the cost under paragraph one of this subdivision is deter-
mined, by the following: the member's annualized salary in the plan year
in which the member was first  eligible  to  join  a  public  retirement
system  increased  by seven percent per year for each year from the plan
year in which the member was first eligible to join a public  retirement
system to the plan year in which such cost is determined.
  S 3. Subdivision a of section 806 of the retirement and social securi-
ty  law, as added by chapter 437 of the laws of 1993, is amended to read
as follows:
  a. A person who was not a member of a public retirement system  as  of
[March    thirty-first,    nineteen   hundred   ninety-three]   DECEMBER
THIRTY-FIRST, NINETEEN HUNDRED NINETY-FIVE shall be ineligible  for  the
benefits  provided by sections eight hundred one and eight hundred three
of this article.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after June 30, 2009.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend Article 18 of the Retirement and Social Security
Law by extending the filing deadline to December 31, 2010 in Section 803
of the Retirement and Social Security Law and by also extending the date
of membership used for inclusion for Section 803 to December 31, 1995.
  Insofar  as this bill would affect employers in the New York State and
Local Employees' Retirement System (ERS) or the New York State and Local
Police and Fire Retirement System  (PFRS),  extending  the  Section  803
filing deadline and the date of membership restriction would allow addi-
tional  members to receive service credit and/or retroactive membership.
The average cost of an  803  case  is  approximately  $12,000.  Of  this
amount, on average, approximately 80% would be payable by the employee's
original  employer and the remainder would be shared by the State of New
York State and all of the participating employers in the ERS or the PFRS
pursuant to Chapter 606 of the Laws of 1997.
  This estimate, dated December 1, 2008 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No.  2009-67,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.