S T A T E   O F   N E W   Y O R K
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                                  9683

                          I N  A S S E M B L Y

                              May 15, 2014
                               ___________

Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the education law and the retirement and social security
  law, in relation to termination of membership  in  a  New  York  state
  retirement system

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

  Section 1. The education law is amended by adding a new section 540 to
read as follows:
  S 540. WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP  TERMINATION.  A  TEACHER
INTENDING  TO  TERMINATE  HIS OR HER MEMBERSHIP IN THE RETIREMENT SYSTEM
DEFINED IN SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF  THIS  ARTICLE
AND  THE  TEACHER'S  EMPLOYER  MUST  BOTH  EXECUTE  A  WRITTEN STATEMENT
PROVIDED BY THE RETIREMENT BOARD  THAT  THE  TEACHER  AND  THE  EMPLOYER
ACKNOWLEDGE AND UNDERSTAND THAT THE TEACHER, ON A SPECIFIC DATE, WILL NO
LONGER  BE A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST, WITHIN
THIRTY DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN STATEMENT
WITH THE RETIREMENT BOARD IN ORDER TO  EFFECTUATE  SUCH  TERMINATION  OF
MEMBERSHIP.
  S 2. The retirement and social security law is amended by adding a new
section 113-b to read as follows:
  S  113-B.  WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP TERMINATION. A MEMBER
INTENDING TO TERMINATE HIS OR HER MEMBERSHIP IN  THE  RETIREMENT  SYSTEM
DEFINED  IN  SUBDIVISION TWENTY-EIGHT OF SECTION TWO OF THIS ARTICLE AND
THE MEMBER'S EMPLOYER MUST BOTH EXECUTE A WRITTEN STATEMENT PROVIDED  BY
THE  OFFICE OF THE COMPTROLLER THAT THE MEMBER AND THE EMPLOYER ACKNOWL-
EDGE AND UNDERSTAND THAT THE MEMBER, ON A SPECIFIC DATE, WILL NO  LONGER
BE  A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST, WITHIN THIRTY
DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN  STATEMENT  WITH
THE OFFICE OF THE COMPTROLLER IN ORDER TO EFFECTUATE SUCH TERMINATION OF
MEMBERSHIP.
  S 3. The retirement and social security law is amended by adding a new
section 411-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06386-01-3
              

A. 9683                             2

  S  411-A.  WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP TERMINATION. A MEMBER
INTENDING TO TERMINATE HIS OR HER MEMBERSHIP IN  THE  RETIREMENT  SYSTEM
DEFINED IN SUBDIVISION TWENTY-EIGHT OF SECTION THREE HUNDRED TWO OF THIS
ARTICLE  AND THE MEMBER'S EMPLOYER MUST BOTH EXECUTE A WRITTEN STATEMENT
PROVIDED  BY  THE  OFFICE  OF  THE  COMPTROLLER  THAT THE MEMBER AND THE
EMPLOYER ACKNOWLEDGE AND UNDERSTAND THAT THE MEMBER, ON A SPECIFIC DATE,
WILL NO LONGER BE A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST,
WITHIN THIRTY DAYS AFTER SIGNATURE BY BOTH PARTIES,  FILE  SUCH  WRITTEN
STATEMENT WITH THE OFFICE OF THE COMPTROLLER IN ORDER TO EFFECTUATE SUCH
TERMINATION OF MEMBERSHIP.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such date.