Senate Bill S4292

Signed By Governor
2019-2020 Legislative Session

Relates to setting limits on severance packages for public at-will employees

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2019-S4292 (ACTIVE) - Details

See Assembly Version of this Bill:
A2480
Law Section:
Public Authorities Law
Laws Affected:
Add §2854, Pub Auth L
Versions Introduced in 2017-2018 Legislative Session:
A10076

2019-S4292 (ACTIVE) - Summary

Sets limits on severance packages equal to three months salary for public at-will employees not subject to a collective bargaining agreement or union contract.

2019-S4292 (ACTIVE) - Sponsor Memo

2019-S4292 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4292
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  public  authorities law, in relation to setting
   limits on severance packages for public at-will employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "severance
 pay limitation act".
   § 2.  The public authorities law is amended by adding  a  new  section
 2854 to read as follows:
   § 2854. SEVERANCE PACKAGES. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "AT-WILL EMPLOYEE" SHALL MEAN AN EMPLOYEE OF ANY ENTITY ORGANIZED
 UNDER THIS CHAPTER.   ANY EMPLOYEE  THAT  IS  COVERED  BY  A  COLLECTIVE
 BARGAINING  AGREEMENT  OR  UNION  CONTRACT  SHALL  NOT  BE CONSIDERED AN
 AT-WILL EMPLOYEE FOR THE PURPOSE OF THIS SECTION.
   (B) "SEVERANCE PAY FOR AN AT-WILL EMPLOYEE" SHALL INCLUDE BENEFITS  OR
 COMPENSATION WITH A QUANTIFIABLE MONETARY VALUE THAT ARE PROVIDED FOR AN
 AT-WILL EMPLOYEE UPON TERMINATION OF EMPLOYMENT AND SHALL NOT BE CONSID-
 ERED  PART  OF THE AT-WILL EMPLOYEE'S ANNUAL WAGES AND BENEFITS. "SEVER-
 ANCE PAY FOR AN AT-WILL EMPLOYEE" SHALL NOT INCLUDE PAYMENTS FOR ACCUMU-
 LATED VACATION, ACCUMULATED  SICK  LEAVE,  AND  ACCUMULATED  SICK  LEAVE
 LIQUIDATED  TO  COVER  THE  COST  OF GROUP TERM INSURANCE OR PAYMENTS OF
 PERIODIC CONTRIBUTIONS BY AN EMPLOYER TOWARD PREMIUMS FOR  GROUP  INSUR-
 ANCE POLICIES.
   2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 SEVERANCE PAY PROVIDED FOR AN AT-WILL EMPLOYEE LEAVING EMPLOYMENT  SHALL
 NOT EXCEED AN AMOUNT EQUIVALENT TO THEIR PRIOR THREE MONTHS' SALARY.
   3.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 THE SEVERANCE PAY FOR AN AT-WILL EMPLOYEE SHALL BE EXCLUDED FROM RETIRE-
 MENT DEDUCTIONS AND FROM ANY CALCULATIONS OF RETIREMENT BENEFITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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