NY State Senate Bill 2017-S5134A

Senate Bill S5134A

2017-2018 Legislative Session

Relates to the participation by free association libraries in the New York state and local employees' retirement system

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2018	print number 5134a
Feb 05, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions
Mar 09, 2017	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2017-S5134 - Details

See Assembly Version of this Bill:: A6548
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §31-g, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5468, A7399
2021-2022: S5179, A5824
2023-2024: S4245, A4885

2017-S5134 - Summary

Authorizes the participation by free association libraries in the New York state and local employees' retirement system.

2017-S5134 - Sponsor Memo

                                 BILL NUMBER:  S5134

 TITLE OF BILL :  An act to amend the retirement and social security
law, in relation to participation by free association libraries in the
New York state and local employees' retirement system

 PURPOSE :

The bill would allow additional free association libraries participate
in the State retirement system, providing their librarians and other
employee's equity with those free association libraries which are
currently in the retirement system, as well as with public libraries
operating under other forms of governance.

 SUMMARY OF PROVISIONS :

Section 1. Adds a new Section 31-g to the Retirement and Social
Security Law allowing free association libraries which meet enumerated
standards to join the retirement system and providing for
administration of the process. To be eligible, libraries must be
chartered by the State Board of Regents, receive the majority of their
revenues from public sources, provide for public voting on both their
budgets and their trustees, and file appropriate reports with the
State Comptroller.

Section 2. Provides the effective date.

 JUSTIFICATION :

Public libraries in New York generally operate under one of four types
of governance. Some are agencies or departments of a municipality, so
library staff are employees of the municipality and are thus members
of the retirement system. Others are special districts created by
special State legislation, and their retirement system participation
may be established by their enabling legislation. Others are
voter-established "school district public libraries," which are
eligible to participate in the state retirement system pursuant to
Section 31-a of the Retirement and Social Security Law.

The fourth type of public library governance is the free association
library. Free association libraries are subject to the same rights and
responsibilities pursuant to the Education Law as are public libraries
operating under other types of governance. Funding for these libraries
typically is provided by the municipality (or municipalities) in which
they serve. These libraries receive the same State and federal aid as
other public libraries. The largest and most well-known free
association library is the research library of the New York Public
Library, which is actually owned by the Astor, Lenox, and Tilden
Foundations. This free association library is specifically made
eligible to participate in the retirement system by section 32 of the
Retirement and Social Security Law. There are also other free
association libraries across the State covered by the provisions of
the Retirement and Social Security Law which allows for participation
in the retirement system.

Those remaining free association libraries which currently are not
eligible to participate in the retirement system are hampered in their
ability to recruit and retain librarians and other staff.  Experienced
staff currently working in other libraries may be reluctant to accept
employment which does not count toward their retirement, while
entry-level staff are likely to move on to jobs at other libraries or
other local government agencies which participate in the retirement
system. Permitting the participation by these remaining libraries in
the retirement system will "level the playing field" and ensure high
quality library services for citizens in all parts of the State.

 PRIOR LEGISLATIVE HISTORY :

2011: A. 574
2010: A. 10012

 FISCAL IMPLICATIONS :

The Actuary for the New York State and Local Retirement System
estimates that if this bill is enacted and an eligible corporation
elects participation, the future annual cost would depend on the
retirement plan adopted. As a percentage of payroll, it is anticipated
that the annual contributions of the affected corporation for the
fiscal year ending March 31, 2018 will be as follows: Tier 1 - 10.6%
to 21.5%; Tier 2 - 9.8% to 19.5%; Tier 3 - 15.8%; Tier 4 - 15.8%; Tier
5 - 13.0% and Tier 6 - 9.2%. In addition to these contributions, there
will be a deficiency cost to the affected corporation which will be
payable for a 25-year period.  These costs will depend on the age,
service, salary, tier status and plan of the affected employees.

 EFFECTIVE DATE :
Immediately.

2017-S5134 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5134                                                  A. 6548
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Civil Service
   and Pensions
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Governmental Employees

 AN ACT to amend the retirement and social security law, in  relation  to
   participation  by free association libraries in the New York state and
   local employees' retirement system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 31-g to read as follows:
   §  31-G.  PARTICIPATION BY FREE ASSOCIATION LIBRARIES.  A FREE ASSOCI-
 ATION LIBRARY AS DEFINED IN  SECTION  TWO  HUNDRED  FIFTY-THREE  OF  THE
 EDUCATION  LAW  AND  WHICH MEETS THE CRITERIA SET FORTH IN THIS SECTION,
 MAY BY RESOLUTION ADOPTED AS PROVIDED IN SECTION SEVEN HUNDRED EIGHT  OF
 THE  NOT-FOR-PROFIT CORPORATION LAW BY ITS BOARD OF TRUSTEES AND SUBJECT
 TO THE APPROVAL OF THE COMPTROLLER, ELECT TO PARTICIPATE IN THE  RETIRE-
 MENT  SYSTEM.  ACCEPTANCE OF ITS EMPLOYEES FOR MEMBERSHIP IN THE RETIRE-
 MENT SYSTEM SHALL BE MANDATORY WITH THE COMPTROLLER, WHO SHALL DETERMINE
 THE AMOUNTS OF CONTRIBUTION PAYABLE BY SUCH LIBRARY AND  ITS  EMPLOYEES,
 SHALL  RESOLVE  QUESTIONS  OF CREDIT FOR PRIOR SERVICE, AND SHALL IN ALL
 OTHER RESPECTS ASSURE THAT SUCH EMPLOYEES SHARE THE SAME  RIGHTS,  OBLI-
 GATIONS  AND  BENEFITS AS OTHER MEMBERS OF THE RETIREMENT SYSTEM. A FREE
 ASSOCIATION LIBRARY SHALL BE ELIGIBLE  TO  JOIN  THE  RETIREMENT  SYSTEM
 UNDER THE FOLLOWING CONDITIONS:
   (A) SUCH LIBRARY SHALL BE CHARTERED BY THE STATE BOARD OF REGENTS;
   (B)  SUCH  LIBRARY  SHALL SERVE THE ENTIRE POPULATION OF ITS CHARTERED
 SERVICE AREA;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09916-02-7

 S. 5134                             2                            A. 6548
 
   (C) THE BOARD OF TRUSTEES OF SUCH LIBRARY  SHALL  BE  ELECTED  BY  THE
 VOTERS OF ITS CHARTERED SERVICE AREA;
   (D) SUCH LIBRARY'S BUDGET SHALL BE APPROVED BY THE VOTERS OF ITS CHAR-
 TERED SERVICE AREA;
   (E)  AT  LEAST FIFTY-ONE PERCENT OF SUCH LIBRARY'S BUDGET SHALL DERIVE
 FROM PUBLIC SOURCES; AND
   (F) SUCH LIBRARY SHALL FILE THE ANNUAL REPORT WITH THE COMPTROLLER  AS
 REQUIRED  OF PUBLIC LIBRARIES BY SECTION THIRTY OF THE GENERAL MUNICIPAL
 LAW.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would permit any free association public library which meets
 certain specific criteria to elect participation in the New  York  State
 and Local Employees' Retirement System.
   If  this  bill  is  enacted and an eligible corporation elects partic-
 ipation, the future annual cost would  depend  on  the  retirement  plan
 adopted.
   As  a  percentage  of  payroll, we anticipate that the annual contrib-
 utions of the affected corporation for the fiscal year ending March  31,
 2018, will be as follows:
               Tier 1      10.6% to 21.5%
               Tier 2        9.8% to 19.5%
               Tier 3       15.8%
               Tier 4       15.8%
               Tier 5       13.0%
               Tier 6        9.2%
   In addition to the annual contributions discussed above, there will be
 a  deficiency cost to the affected corporation which will be payable for
 a 25 year period. These costs will depend on the age,  service,  salary,
 tier status and plan of the affected employees.
   Summary of relevant resources:
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2016  actuarial  valu-
 ation.  Distributions  and  other  statistics  can  be found in the 2016
 Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 Annual Report to the Comptroller on Actuarial Assumptions,  and
 the  Codes  Rules  and  Regulations  of the State of New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2016
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  estimate,  dated  February  16,  2017, and intended for use only
 during the  2017  Legislative  Session,  is  Fiscal  Note  No.  2017-67,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

2017-S5134A (ACTIVE) - Details

See Assembly Version of this Bill:: A6548
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §31-g, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5468, A7399
2021-2022: S5179, A5824
2023-2024: S4245, A4885

2017-S5134A (ACTIVE) - Summary

Authorizes the participation by free association libraries in the New York state and local employees' retirement system.

2017-S5134A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5134A

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to participation by free association libraries in the
New York state and local employees' retirement system

 
PURPOSE:

The bill would allow additional free association libraries to partic-
ipate in the State retirement system, providing their librarians and
other employee's equity with those free association libraries which are
currently in the retirement system, as well as with public libraries
operating under other forms of governance.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new Section 31-g to the Retirement and Social Security
Law allowing free association libraries which meet enumerated standards
to join the retirement system and providing for administration of the
process. To be eligible, libraries must be chartered by the State Board

of Regents, receive the majority of their revenues from public sources,
provide for public voting on both their budgets and their trustees, and
file appropriate reports with the State Comptroller.

Section 2. Provides the effective date.

 
JUSTIFICATION:

Public libraries in New York generally operate under one of four types
of governance. Some are agencies or departments of a municipality, so
library staff are employees of the municipality and are thus members of
the retirement system. Others are special districts created by special.
State legislation, and their retirement system participation may be
established by their enabling legislation. Others are voter-established
"school district public libraries," which are eligible to participate in
the state retirement system pursuant to Section 31-a of the Retirement
and Social Security Law.

The fourth type of public library governance is the free association
library. Free association libraries are subject to the same rights and
responsibilities pursuant to the Education Law as are public libraries
operating under other types of governance. Funding for these libraries
typically is provided by the municipality (or municipalities) in which
they serve. These libraries receive the same State and federal aid as
other public libraries. The largest and most well-known free association
library is the research library of the New York Public Library, which is
actually owned by the Astor, Lenox, and Tilden Foundations. This free
association library is specifically made eligible to participate in the
retirement system by section 32 of the Retirement and Social Security
Law. There are also other free association libraries across the State
covered by the provisions of the Retirement and Social Security Law
which allows for participation in the retirement system.

Those remaining free association libraries which currently are not
eligible to participate in the retirement system are hampered in their
ability to recruit and retain librarians and other staff.  Experienced
staff currently working in other libraries may be reluctant to accept
employment which does not count toward their retirement, while entry-
level staff are likely to move on to jobs at other libraries or other
local government agencies which participate in the retirement system.
Permitting the participation by these remaining libraries in the retire-
ment system will "level the playing field" and ensure high quality
library services for citizens in all parts of the State.

 
PRIOR LEGISLATIVE HISTORY:

2011: A. 574
2010: A. 10012

 
FISCAL IMPLICATIONS:

The Actuary for the New York State and Local Retirement System estimates
that if this bill is enacted and an eligible corporation elects partic-
ipation, the future annual cost would depend on the retirement plan
adopted. As a percentage of payroll, it is anticipated that the annual
contributions of the affected corporation for the fiscal year ending
March 31, 2019 will be as follows: Tier 1 - 10.6% to 21.4%; Tier 2 -
9.7% to 19.4%; Tier 3 - 15.7%; Tier 4 - 15.7%; Tier 5 - 12.9% and Tier 6
- 9.2%. In addition to these contributions, there will be a deficiency
cost to the affected corporation which will be payable for a 25-year
period.  These costs will depend on the age, service, salary, tier
status and plan of the affected employees.

 
EFFECTIVE DATE:
Immediately.

2017-S5134A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5134--A                                            A. 6548--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Civil Service
   and  Pensions  --  recommitted  to  the Committee on Civil Service and
   Pensions in accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on  Governmental  Employees  --  recommitted  to  the
   Committee  on  Governmental Employees in accordance with Assembly Rule
   3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   participation by free association libraries in the New York state  and
   local employees' retirement system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 31-g to read as follows:
   § 31-G. PARTICIPATION BY FREE ASSOCIATION LIBRARIES.   A FREE  ASSOCI-
 ATION  LIBRARY  AS  DEFINED  IN  SECTION  TWO HUNDRED FIFTY-THREE OF THE
 EDUCATION LAW AND WHICH MEETS THE CRITERIA SET FORTH  IN  THIS  SECTION,
 MAY  BY RESOLUTION ADOPTED AS PROVIDED IN SECTION SEVEN HUNDRED EIGHT OF
 THE NOT-FOR-PROFIT CORPORATION LAW BY ITS BOARD OF TRUSTEES AND  SUBJECT
 TO  THE APPROVAL OF THE COMPTROLLER, ELECT TO PARTICIPATE IN THE RETIRE-
 MENT SYSTEM. ACCEPTANCE OF ITS EMPLOYEES FOR MEMBERSHIP IN  THE  RETIRE-
 MENT SYSTEM SHALL BE MANDATORY WITH THE COMPTROLLER, WHO SHALL DETERMINE
 THE  AMOUNTS  OF CONTRIBUTION PAYABLE BY SUCH LIBRARY AND ITS EMPLOYEES,
 SHALL RESOLVE QUESTIONS OF CREDIT FOR PRIOR SERVICE, AND  SHALL  IN  ALL
 OTHER  RESPECTS  ASSURE THAT SUCH EMPLOYEES SHARE THE SAME RIGHTS, OBLI-
 GATIONS AND BENEFITS AS OTHER MEMBERS OF THE RETIREMENT SYSTEM.  A  FREE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09916-04-8

 S. 5134--A                          2                         A. 6548--A
 
 ASSOCIATION  LIBRARY  SHALL  BE  ELIGIBLE  TO JOIN THE RETIREMENT SYSTEM
 UNDER THE FOLLOWING CONDITIONS:
   (A) SUCH LIBRARY SHALL BE CHARTERED BY THE STATE BOARD OF REGENTS;
   (B)  SUCH  LIBRARY  SHALL SERVE THE ENTIRE POPULATION OF ITS CHARTERED
 SERVICE AREA;
   (C) THE BOARD OF TRUSTEES OF SUCH LIBRARY  SHALL  BE  ELECTED  BY  THE
 VOTERS OF ITS CHARTERED SERVICE AREA;
   (D) SUCH LIBRARY'S BUDGET SHALL BE APPROVED BY THE VOTERS OF ITS CHAR-
 TERED SERVICE AREA;
   (E)  AT  LEAST FIFTY-ONE PERCENT OF SUCH LIBRARY'S BUDGET SHALL DERIVE
 FROM PUBLIC SOURCES; AND
   (F) SUCH LIBRARY SHALL FILE THE ANNUAL REPORT WITH THE COMPTROLLER  AS
 REQUIRED  OF PUBLIC LIBRARIES BY SECTION THIRTY OF THE GENERAL MUNICIPAL
 LAW.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would permit any free association public library which meets
 certain specific criteria to elect participation in the New  York  State
 and Local Employees' Retirement System.
   If  this  bill  is  enacted and an eligible corporation elects partic-
 ipation, the future annual cost would  depend  on  the  retirement  plan
 adopted and the billable salary of the electing corporation.
   As  a  percentage  of  payroll, we anticipate that the annual contrib-
 utions of the affected corporation for the fiscal year ending March  31,
 2019, will be as follows:
           Tier                Rate
            1              10.6% to 21.4%
            2               9.7% to 19.4%
            3                  15.7%
            4                  15.7%
            5                  12.9%
            6                   9.2%
   In addition to the annual contributions discussed above, there will be
 a deficiency cost to the affected corporation which  will be payable for
 a  25  year period. These costs will depend on the age, service, salary,
 tier status and plan of the affected employees.
   Summary of relevant resources:
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
 tions, and the Codes Rules and Regulations of the  State  of  New  York:
 Audit and Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2017
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This estimate, dated January 31, 2018 and intended for use only during
 the 2018 Legislative Session, is Fiscal Note No.  2018-53,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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