Senate Bill S8450A

2023-2024 Legislative Session

Relates to the rights, benefits and privileges that members of a retirement system who retire from such system and later rejoin such retirement system

download bill text pdf

Sponsored By

Current 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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Bill Amendments

2023-S8450 - Details

See Assembly Version of this Bill:
A7332
Current Committee:
Senate Civil Service And Pensions
Law Section:
New York City Administrative Code
Laws Affected:
Amd §13-105, NYC Ad Cd; amd §§519 & 614, R & SS L

2023-S8450 - Summary

Provides that members of a retirement system who retire from such system and later rejoin the retirement system are reinstated with the same rights, benefits and privileges they had prior to retirement.

2023-S8450 - Sponsor Memo

2023-S8450 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8450
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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
   providing  that  members  of  a retirement system who retire from such
   system and later rejoin the retirement  system  are  reinstated  as  a
   member of the same tier they were in prior to retirement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 440 of the retirement and social  security  law  is
 amended by adding a new subdivision f to read as follows:
   F.  THE  PROVISIONS  OF  THIS SUBDIVISION APPLY TO MEMBERS OF A PUBLIC
 RETIREMENT SYSTEM OF THE STATE OR  OF  A  MUNICIPALITY  THEREOF  AND  TO
 EMPLOYEES  WHO WOULD HAVE BEEN ELIGIBLE TO JOIN SUCH A RETIREMENT SYSTEM
 BUT IN LIEU THEREOF ELECTED AN OPTIONAL RETIREMENT PROGRAM TO WHICH  HIS
 OR  HER  EMPLOYER WAS REQUIRED TO CONTRIBUTE. ANY MEMBER OR EMPLOYEE WHO
 RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  NINE  AND WHO SUBSEQUENTLY REJOINS THE RETIREMENT
 SYSTEM OR PROGRAM HE OR SHE RETIRED FROM SHALL  BE  REINSTATED  IN  SUCH
 RETIREMENT SYSTEM AS A MEMBER OF THE TIER HE OR SHE ORIGINALLY WAS IN.
   §  2. Section 500 of the retirement and social security law is amended
 by adding a new subdivision h to read as follows:
   H. THE PROVISIONS OF THIS SUBDIVISION APPLY TO  MEMBERS  OF  A  PUBLIC
 RETIREMENT  SYSTEM  OF  THE  STATE  OR  OF A MUNICIPALITY THEREOF AND TO
 EMPLOYEES WHO WOULD HAVE BEEN ELIGIBLE TO JOIN SUCH A RETIREMENT  SYSTEM
 BUT  IN LIEU THEREOF ELECTED AN OPTIONAL RETIREMENT PROGRAM TO WHICH HIS
 OR HER EMPLOYER WAS REQUIRED TO CONTRIBUTE. ANY MEMBER OR  EMPLOYEE  WHO
 RETIRED  FROM  HIS OR HER RETIREMENT SYSTEM ON OR AFTER DECEMBER THIRTY-
 FIRST, TWO THOUSAND NINE AND WHO  SUBSEQUENTLY  REJOINS  THE  RETIREMENT
 SYSTEM  OR  PROGRAM  HE  OR SHE RETIRED FROM SHALL BE REINSTATED IN SUCH
 RETIREMENT SYSTEM AS A MEMBER OF THE TIER HE OR SHE ORIGINALLY WAS IN.
   § 3. Section 600 of the retirement and social security law is  amended
 by adding a new subdivision d to read as follows:
   D.  THE  PROVISIONS  OF  THIS SUBDIVISION APPLY TO MEMBERS OF A PUBLIC
 RETIREMENT SYSTEM OF THE STATE OR  OF  A  MUNICIPALITY  THEREOF  AND  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2023-S8450A (ACTIVE) - Details

See Assembly Version of this Bill:
A7332
Current Committee:
Senate Civil Service And Pensions
Law Section:
New York City Administrative Code
Laws Affected:
Amd §13-105, NYC Ad Cd; amd §§519 & 614, R & SS L

2023-S8450A (ACTIVE) - Summary

Provides that members of a retirement system who retire from such system and later rejoin the retirement system are reinstated with the same rights, benefits and privileges they had prior to retirement.

2023-S8450A (ACTIVE) - Sponsor Memo

2023-S8450A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8450--A
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT to amend the administrative code of the city of New York and the
   retirement and social security law,  in  relation  to  providing  that
   members  of  a retirement system who retire from such system and later
   rejoin the retirement system are entitled to the same rights, benefits
   and privileges such member had prior to retirement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  13-105 of the administrative code of the city of
 New York is amended to read as follows:
   § 13-105 Membership; eligibility in certain cases. Notwithstanding any
 inconsistent provision of this chapter, the code, or any other  law,  an
 officer  or  employee  in  city-service  who  is  otherwise eligible for
 membership in this retirement system but  who  is  entitled  to  receive
 benefits  from any other pension fund or retirement system maintained by
 the city may become a member of this  retirement  system  provided  such
 benefits  are  suspended  during [his or her] SUCH OFFICER OR EMPLOYEE'S
 active membership in this retirement system. Such member shall  contrib-
 ute  to this retirement system as a new entrant, PROVIDED, HOWEVER, THAT
 IN THE CASE OF A MEMBER WHO HAS RETIRED OR RETIRES FROM  PUBLIC  SERVICE
 ON  OR  AFTER  JULY FIRST, NINETEEN HUNDRED SEVENTY-SIX AND SUSPENDED OR
 SUSPENDS SUCH MEMBER'S RETIREMENT ALLOWANCE UPON ENTRANCE INTO CITY-SER-
 VICE, SUCH MEMBER SHALL BE ENTITLED TO THE SAME RIGHTS AND PRIVILEGES AS
 THOSE TO WHICH SUCH MEMBER WAS ENTITLED UPON SUCH MEMBER'S LAST DATE  OF
 ENTRY  INTO  A  PUBLIC RETIREMENT SYSTEM OR PENSION FUND OF THE STATE OR
 THE CITY OF NEW YORK.
   § 2. Subdivision 2 of section 519 of the retirement and social securi-
 ty law is amended by adding a new paragraph (vi) to read as follows:
   (VI) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  ANY  MEMBER  OF  A
 PUBLIC  RETIREMENT  SYSTEM  WHO  RETIRED  AFTER HAVING LAST ENTERED SUCH
 SYSTEM ON OR AFTER JULY FIRST, NINETEEN HUNDRED SEVENTY-SIX, AND  THERE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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