S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6361--A
     Cal. No. 377
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, 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 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01478-03-4
              

 S. 6361--A                          2
 
   §  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
 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.