S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  556--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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 education law and the retirement and social security
   law,  in  relation  to changes of membership eligibility 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:
   §  540. WRITTEN ACKNOWLEDGEMENT OF CHANGE OF MEMBERSHIP ELIGIBILITY. A
 MEMBER INTENDING TO INITIATE OR UNDERGO A CHANGE OF TITLE OR  EMPLOYMENT
 RESPONSIBILITIES  WHILE REMAINING IN THE EMPLOY OF SUCH MEMBER'S CURRENT
 EMPLOYER WHICH SHALL AFFECT SUCH MEMBER'S ELIGIBILITY FOR MEMBERSHIP  OR
 ABILITY  TO  ACCRUE  SERVICE  CREDIT IN THE RETIREMENT SYSTEM DEFINED IN
 SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF THIS  ARTICLE,  AND  SUCH
 MEMBER'S EMPLOYER SHALL BOTH EXECUTE A WRITTEN STATEMENT PROVIDED BY THE
 RETIREMENT  BOARD  THAT  SUCH  MEMBER  AND SUCH EMPLOYER ACKNOWLEDGE AND
 UNDERSTAND THAT SUCH MEMBER, ON A SPECIFIC DATE, WILL  NO  LONGER  BE  A
 MEMBER OF SUCH RETIREMENT SYSTEM OR WILL NO LONGER BE ELIGIBLE TO ACCRUE
 SERVICE  CREDIT  IN  SUCH MEMBER'S RETIREMENT PLAN. SUCH EMPLOYER SHALL,
 WITHIN THIRTY DAYS AFTER SIGNATURE BY BOTH PARTIES,  FILE  SUCH  WRITTEN
 STATEMENT  WITH  THE RETIREMENT BOARD IN ORDER TO EFFECTUATE SUCH CHANGE
 OF MEMBERSHIP.
   § 2. The retirement and social security law is amended by adding a new
 section 113-b to read as follows:
   § 113-B. WRITTEN ACKNOWLEDGEMENT OF CHANGE OF MEMBERSHIP  ELIGIBILITY.
 A  MEMBER  INTENDING TO INITIATE OR UNDERGO A CHANGE OF TITLE OR EMPLOY-
 MENT RESPONSIBILITIES WHILE REMAINING IN THE  EMPLOY  OF  SUCH  MEMBER'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01478-02-4
              

 A. 556--A                           2
 
 CURRENT  EMPLOYER  WHICH  SHALL  AFFECT  SUCH  MEMBER'S  ELIGIBILITY FOR
 MEMBERSHIP OR ABILITY TO ACCRUE SERVICE CREDIT IN THE RETIREMENT  SYSTEM
 DEFINED  IN SUBDIVISION TWENTY-EIGHT OF SECTION TWO OF THIS ARTICLE, AND
 SUCH  MEMBER'S  EMPLOYER SHALL BOTH EXECUTE A WRITTEN STATEMENT PROVIDED
 BY THE OFFICE OF THE COMPTROLLER THAT  SUCH  MEMBER  AND  SUCH  EMPLOYER
 ACKNOWLEDGE AND UNDERSTAND THAT SUCH MEMBER, ON A SPECIFIC DATE, WILL NO
 LONGER BE A MEMBER OF SUCH RETIREMENT SYSTEM OR WILL NO LONGER BE ELIGI-
 BLE  TO  ACCRUE  SERVICE  CREDIT  IN SUCH MEMBER'S RETIREMENT PLAN. SUCH
 EMPLOYER SHALL, WITHIN THIRTY DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE
 SUCH WRITTEN STATEMENT WITH THE OFFICE OF THE COMPTROLLER  IN  ORDER  TO
 EFFECTUATE SUCH CHANGE OF MEMBERSHIP.
   § 3. The retirement and social security law is amended by adding a new
 section 411-a to read as follows:
   §  411-A. WRITTEN ACKNOWLEDGEMENT OF CHANGE OF MEMBERSHIP ELIGIBILITY.
 A MEMBER INTENDING TO INITIATE OR UNDERGO A CHANGE OF TITLE  OR  EMPLOY-
 MENT  RESPONSIBILITIES  WHILE  REMAINING  IN THE EMPLOY OF SUCH MEMBER'S
 CURRENT EMPLOYER  WHICH  SHALL  AFFECT  SUCH  MEMBER'S  ELIGIBILITY  FOR
 MEMBERSHIP  OR ABILITY TO ACCRUE SERVICE CREDIT IN THE RETIREMENT SYSTEM
 DEFINED IN SUBDIVISION TWENTY-EIGHT OF SECTION THREE HUNDRED TWO OF THIS
 ARTICLE, AND SUCH MEMBER'S EMPLOYER SHALL BOTH EXECUTE A WRITTEN  STATE-
 MENT  PROVIDED  BY  THE  OFFICE OF THE COMPTROLLER THAT SUCH  MEMBER AND
 SUCH EMPLOYER ACKNOWLEDGE AND UNDERSTAND THAT SUCH MEMBER, ON A SPECIFIC
 DATE, WILL NO LONGER BE A MEMBER OF SUCH RETIREMENT SYSTEM  OR  WILL  NO
 LONGER  BE ELIGIBLE TO ACCRUE SERVICE CREDIT IN SUCH MEMBER'S RETIREMENT
 PLAN. SUCH EMPLOYER SHALL, WITHIN THIRTY DAYS AFTER  SIGNATURE  BY  BOTH
 PARTIES,  FILE SUCH WRITTEN STATEMENT WITH THE OFFICE OF THE COMPTROLLER
 IN ORDER TO EFFECTUATE SUCH CHANGE OF MEMBERSHIP.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law.    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  to  be  made  and
 completed on or before such effective date.