S T A T E O F N E W Y O R K
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2312
2009-2010 Regular Sessions
I N S E N A T E
February 17, 2009
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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
the extension of the temporary benefits and supplementation programs
and to amend chapter 625 of the laws of 1975 amending the retirement
and social security law, relating to the extension of temporary rights
and benefits, in relation to the extension of such rights and benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 470 of the retirement and social security law, as
amended by chapter 27 of the laws of 2007, is amended to read as
follows:
S 470. Temporary suspension of retirement negotiations. Until July
first, two thousand [nine] ELEVEN, changes negotiated between any public
employer and public employee, as such terms are defined in section two
hundred one of the civil service law, with respect to any benefit
provided by or to be provided by a public retirement system, or payments
to a fund or insurer to provide an income for retirees or payment to
retirees or their beneficiaries, shall be prohibited. Thereafter, such
changes shall be made only pursuant to negotiations between public
employers and public employees conducted on a coalition basis pursuant
to the provisions of this article; provided, however, any such changes
not requiring approval by act of the legislature may be implemented
prior to July first, two thousand [nine] ELEVEN, if negotiated as a
result of collective bargaining authorized by section six of chapter six
hundred twenty-five of the laws of nineteen hundred seventy-five.
S 2. Section 480 of the retirement and social security law, as amended
by chapter 27 of the laws of 2007, is amended to read as follows:
S 480. Extension of temporary benefits and supplementation programs.
a. Every temporary right, privilege or benefit conferred pursuant to
the provisions of a general, special or local law (other than pursuant
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09122-01-9
S. 2312 2
to articles fourteen and fifteen of this chapter) for any member of a
public retirement system or pension plan funded by the state or one of
its political subdivisions, which is scheduled to expire or terminate at
any time during nineteen hundred seventy-four, nineteen hundred seven-
ty-five, nineteen hundred seventy-six, nineteen hundred seventy-seven,
nineteen hundred seventy-eight, nineteen hundred seventy-nine, nineteen
hundred eighty, nineteen hundred eighty-one, nineteen hundred eighty-
two, nineteen hundred eighty-three, nineteen hundred eighty-four, nine-
teen hundred eighty-five, nineteen hundred eighty-six, nineteen hundred
eighty-seven, nineteen hundred eighty-eight, nineteen hundred eighty-
nine, nineteen hundred ninety, nineteen hundred ninety-one, nineteen
hundred ninety-two, nineteen hundred ninety-three, nineteen hundred
ninety-four, nineteen hundred ninety-five, nineteen hundred ninety-six,
nineteen hundred ninety-seven, nineteen hundred ninety-eight, nineteen
hundred ninety-nine, two thousand, two thousand one, two thousand two,
two thousand three, two thousand four, two thousand five, two thousand
six, two thousand seven [or], two thousand eight, TWO THOUSAND NINE, TWO
THOUSAND TEN OR TWO THOUSAND ELEVEN, is hereby extended until July
first, two thousand [nine] ELEVEN, notwithstanding the provisions of
such general, special or local law. Notwithstanding the foregoing, noth-
ing in this section shall be construed to extend the provisions of arti-
cle eighteen of this chapter or to affect any statutory deadlines
provided in such article.
b. (i) Any program under which an employer in a public retirement
system funded by the state or one of its political subdivisions assumes
all or part of the contribution which would otherwise be made by its
employees toward retirement, which expires or terminates during nineteen
hundred seventy-four, is hereby extended until July first, two thousand
[nine] ELEVEN, notwithstanding the provisions of any other general,
special or local law, except that commencing with the payroll period the
first day of which is nearest to January first, nineteen hundred seven-
ty-six, and until July first, two thousand [nine] ELEVEN, the rate of
such contribution assumed by an employer in any of the public retirement
systems funded and maintained by a city, shall be one-half the rate of
such contribution assumed by such employer for the immediately preceding
payroll period except as provided in paragraph (ii) of this subdivision.
(ii) Commencing with the first payroll period the first day of which
is subsequent to October first, two thousand and until July first, two
thousand [nine] ELEVEN, the rate of such contribution assumed by an
employer in the New York city police pension fund and in the New York
city fire department pension fund shall be equal to the rate of such
contributions assumed by such employer for the payroll period preceding
January first, nineteen hundred seventy-six.
c. All supplemental retirement allowances or supplemental pensions
paid to pensioners or beneficiaries of any retirement system supported
in whole or in part by the state or a political subdivision thereof,
which are scheduled to expire at any time during nineteen hundred seven-
ty-five, nineteen hundred seventy-six, nineteen hundred seventy-seven,
nineteen hundred seventy-eight, nineteen hundred seventy-nine, nineteen
hundred eighty, nineteen hundred eighty-one, nineteen hundred eighty-
two, nineteen hundred eighty-three, nineteen hundred eighty-four, nine-
teen hundred eighty-five, nineteen hundred eighty-six, nineteen hundred
eighty-seven, nineteen hundred eighty-eight, nineteen hundred eighty-
nine, nineteen hundred ninety, nineteen hundred ninety-one, nineteen
hundred ninety-two, nineteen hundred ninety-three, nineteen hundred
ninety-four, nineteen hundred ninety-five, nineteen hundred ninety-six,
S. 2312 3
nineteen hundred ninety-seven, nineteen hundred ninety-eight, nineteen
hundred ninety-nine, two thousand one, two thousand two, two thousand
three, two thousand four, two thousand five, two thousand six, two thou-
sand seven [or], two thousand eight, TWO THOUSAND NINE, TWO THOUSAND TEN
OR TWO THOUSAND ELEVEN, shall be continued for an additional year
notwithstanding any other provision of any general, special or local law
provided, however, that all such supplemental retirement allowances or
supplemental pensions which are scheduled to expire at any time during
two thousand [seven] NINE shall be continued for two additional years
notwithstanding any other provisions of any general, special or local
law.
S 3. Section 615 of the retirement and social security law, as amended
by chapter 27 of the laws of 2007, is amended to read as follows:
S 615. Duration. Notwithstanding any other provisions of this chapter
or of any other law, the provisions of article fourteen of this chapter
shall expire on June thirtieth, two thousand [nine] ELEVEN, but shall no
longer apply to members to whom this article applies on the date article
fifteen of this chapter becomes effective, provided, however, any member
who has retired pursuant to the provisions of article fourteen of this
chapter before the effective date of this article or any beneficiary of
such a member or a beneficiary of a member who dies before the effective
date of this article and who is entitled to a death benefit pursuant to
article fourteen of this chapter shall receive such benefits pursuant to
the provisions of article fourteen of this chapter, except as provided
pursuant to the provisions of section six hundred seventeen of this
article. All benefits provided by a public retirement system of the
state shall continue with respect to members to which this article is
applicable only until June thirtieth, two thousand [nine] ELEVEN.
S 4. Section 6 of chapter 625 of the laws of 1975 amending the retire-
ment and social security law, relating to the extension of temporary
rights and benefits, as amended by chapter 27 of the laws of 2007, is
amended to read as follows:
S 6. Notwithstanding any inconsistent provisions of this act or of any
general, special or local law, on and after July 1, 1975 and up to and
including June 30, [2009] 2011: (a) a participating employer in the New
York state and local employees' retirement system or the New York state
and local police and fire retirement system and its employees shall
continue to have the right to negotiate with respect to any benefit
provided by or to be provided by such employer to such employees as
members of such system and not requiring approval by act of the legisla-
ture; and (b) a public authority or public benefit corporation which is
not a participating employer in the New York state and local employees'
retirement system or the New York city employees' retirement system
shall continue to have the right to negotiate with its employees with
respect to benefits to be provided by such employer to such employees
upon retirement and not requiring approval by act of the legislature.
S 5. This act shall take effect immediately; provided that the amend-
ments to section 615 of the retirement and social security law made by
section three of this act shall expire on the same date as such section
expires pursuant to such section 615.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would extend for 2 years those temporary benefits provided
by a public retirement system of the State, including the right of
members to negotiate for improved benefits not requiring approval by an
Act of the legislature.
S. 2312 4
Insofar as this would affect the New York State and Local Employees'
Retirement System (NYS&LERS) and the New York State and Local Police and
Fire Retirement System (NYS&LPFRS), there would be no increase in
employer contributions over current levels for the State of New York or
the participating employers in the NYS&LERS or the NYS&LPFRS.
This estimate, dated February 6, 2009, and intended for use only
during the 2009 Legislative Session, is Fiscal Note No. 2009-144,
prepared by the Actuary for the NYS&LERS and the NYS&LPFRS.