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

                                  2047

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Mental Health

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
  for people with 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  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL ANNUALLY
REIMBURSE LICENSED NOT-FOR-PROFIT  CORPORATIONS,  WHICH  PROVIDE  DIRECT
CARE  TO  CONSUMERS  OF  SERVICES APPROVED BY THE OFFICE FOR PEOPLE WITH
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 FEDERAL  INTER-
NAL  REVENUE  SERVICE  FORM  5500  WHICH  DOCUMENTS  THAT  SUCH EMPLOYER
CONTRIBUTIONS WERE MADE. ANY SUCH CORPORATION MAY APPLY  TO  THE  OFFICE
FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES FOR EXPEDITED REIMBURSEMENT
OF SUCH EMPLOYER CONTRIBUTIONS UPON DEMONSTRATING TO  SUCH  OFFICE  THAT
SUCH  PAYMENTS  MUST  BE  MADE PROMPTLY, AND THAT THE CORPORATION CANNOT
REASONABLY MAKE PROMPT PAYMENT. THE OFFICE FOR PEOPLE WITH 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.
                                                           LBD05673-01-5