NY State Senate Bill 2021-S2164

Senate Bill S2164

2021-2022 Legislative Session

Relates to the powers and duties of the comptroller to correct certain administrative errors

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Jan 20, 2021	referred to civil service and pensions

2021-S2164 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §11-a, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5453
2019-2020: S192
2023-2024: S575

2021-S2164 (ACTIVE) - Summary

Provides a corrective remedy for certain administrative errors, omissions or inaccuracies relating to membership and benefits under the retirement system.

2021-S2164 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2164

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
the powers and duties of the comptroller

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This legislation would empower the Comptroller to provide corrective
remedy for any member of the retirement system, or any member who would
otherwise be entitled to membership.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would empower the Comptroller to provide corrective remedy for
any member of the retirement system, or any member who would otherwise
be entitled to membership. Specifically it would grant the authority to
accept applications of membership, changes in membership status, plan
designations and other actions which are barred by law, rule or regu-

lation where the comptroller determines that such action is necessary to
correct administrative errors, omissions or inaccuracies.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation would give the Comptroller the ability to correct
pension errors without the passage of individual bills by the Legisla-
ture. Every year numerous individuals throughout New York are made aware
of errors or issues as they relate to their membership of the Retirement
System. These individuals often times seek redress from the Comptroller
only to be told that they have no ability to correct this. Others
contact their State Representatives and have legislation introduced
seeking to correct these problems and issues, the overwhelming majority
of these pieces of legislation are not signed into law each year. As a
result of this there is an uneven playing field for these impacted
members and this legislation seeks to remove that uneven playing field.
Further this legislation would bestow the power on the individual who is
responsible for the Retirement System and who is most familiar with
these individual cases.

 
PRIOR LEGISLATIVE HISTORY:

S.192 of 2019/20: Referred to Civil Service
S.5453 of 2017/2018; passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2164 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2164
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 powers and duties of the comptroller
 
   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 11-a to read as follows:
   § 11-A. DISCRETIONARY POWERS OF THE COMPTROLLER.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, THE COMPTROLLER, AS THE
 ADMINISTRATIVE  HEAD  OF THE RETIREMENT SYSTEM, SHALL HAVE THE POWER AND
 AUTHORITY TO PROVIDE A CORRECTIVE REMEDY FOR ANY MEMBER OF  THE  RETIRE-
 MENT  SYSTEM  OR ANY EMPLOYEE WHO WOULD OTHERWISE BE ENTITLED TO MEMBER-
 SHIP, INCLUDING THE AUTHORITY TO  ACCEPT  APPLICATIONS  FOR  MEMBERSHIP,
 CHANGES  IN  MEMBERSHIP STATUS, PLAN DESIGNATION AND OTHER ACTIONS WHICH
 ARE BARRED BY LAW, RULE OR REGULATION, WHERE THE COMPTROLLER  DETERMINES
 THAT  SUCH  ACTION  IS JUSTIFIED AND NECESSARY TO CORRECT ADMINISTRATIVE
 ERRORS, OMISSIONS OR INACCURACIES OR  ANY  MEMBER,  PERSON  ENTITLED  TO
 MEMBERSHIP OR PARTICIPATING EMPLOYER.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05532-01-1

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