NY State Senate Bill 2023-S8450A

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

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	print number 8450a
Jun 03, 2024	amend (t) and recommit to civil service and pensions
Jan 31, 2024	referred to civil service and pensions

Bill Amendments

Original

A (Active)

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

                                 
BILL NUMBER: S8450

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

The bill's purpose is to allow those who were on a retirement system of
the state or of a municipality prior to 2009 and reenter in 2014 to
remain with the pension in 2009 (tier 4).

 
SUMMARY OF PROVISIONS:

Section 1. Section 440 of the retirement and social security law is
amended by adding a new subdivision f. Any member or employee who
retired from his or her retirement system of the state or of a munici-
pality on or after December thirty-first, in 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.

Section 2. Section 500 of the retirement and social security law is
amended by adding a new subdivision h. Any member or employee who
retired from his or her retirement system of the state or of a munici-
pality on or after December thirty-first, in 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.

Section 3. Section 600 of the retirement and social security law is
amended by adding a new subdivision d. Any member or employee who
retired from his or her retirement system of the state or of a munici-
pality on or after December thirty-first, in 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.

Section 4. This act shall take effect immediately.

 
JUSTIFICATION:

The Office of the New York State Comptroller has a policy that indicates
that new members who join the NYSLRS are in Tier 6 and must pay required
membership contributions. This bill ensures that individuals remain in
the tier in the event they decide to return after leaving the retirement
system for a couple of years.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            LBD10225-01-3
 S. 8450                             2

 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.
   § 4. This act shall take effect immediately.

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

2023-S8450A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8450A

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

The bill's purpose is to allow members of retirement systems who suspend
their retirement allowance and rejoin as new members of another retire-
ment system to retain their original tier status.

 
SUMMARY OF PROVISIONS:

Section 1. Section 13-105 of the administrative code of the city of New
York is amended.

Section 2. Subdivision 2 of section 519 of the retirement and social
security law is amended by adding a new paragraph (vi).

Section 3. Subdivision b of section 614 of the retirement and social
security law is amended by adding a new paragraph (vi).

Section 4. The effective date is provided.

 
JUSTIFICATION:

The bill aims to simplify the process for city employees who are eligi-
ble for membership in the retirement system but also receive benefits
from another pension fund or retirement system maintained by the city.
By allowing them to become members of this retirement system with the
suspension of benefits from the other system during active membership,
it streamlines administrative processes for both the employees and the
city.

The bill seeks to ensure that employees who have retired and subsequent-
ly reentered service are not disadvantaged in terms of their retirement
benefits. It aims to provide them with entitlements, rights, and privi-
leges comparable to those they would have received if they had remained
continuously in the retirement system.

By offering a clearer path for retirement benefits, the bill may
contribute to employee retention and recruitment efforts. Knowing that
their retirement benefits will be protected and that they have a stream-
lined process for AOJ:  membership could make city employment more
attractive to potential recruits and encourage current employees to
stay.

Overall, this bill enhances efficiency, ensures fairness, and supports
retention and recruitment efforts.

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            LBD10225-03-4
 S. 8450--A                          2
 
 AFTER  RE-ENTERED  SERVICE  AND  JOINED  OR REJOINED A PUBLIC RETIREMENT
 SYSTEM SHALL BE ENTITLED TO ALL THE RIGHTS, BENEFITS AND PRIVILEGES  AND
 SUBJECT  TO ALL THE OBLIGATIONS SET FORTH IN ANY LAW OR LAWS RELATING TO
 PUBLIC  RETIREMENT  SYSTEMS  AND  TO  WHICH  SUCH MEMBER WOULD HAVE BEEN
 SUBJECT OR ENTITLED HAD SUCH MEMBER ENTERED OR RE-ENTERED MEMBERSHIP  IN
 SUCH  RETIREMENT  SYSTEM  ON THE DATE IN WHICH SUCH MEMBER FIRST ENTERED
 THE RETIREMENT SYSTEM FROM WHICH SUCH MEMBER RETIRED.
   § 3. Subdivision b of section 614 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-
 AFTER  RE-ENTERED  SERVICE  AND  JOINED  OR REJOINED A PUBLIC RETIREMENT
 SYSTEM SHALL BE ENTITLED TO ALL THE RIGHTS, BENEFITS AND PRIVILEGES  AND
 SUBJECT  TO ALL THE OBLIGATIONS SET FORTH IN ANY LAW OR LAWS RELATING TO
 PUBLIC RETIREMENT SYSTEMS AND TO  WHICH  SUCH  MEMBER  WOULD  HAVE  BEEN
 SUBJECT  OR ENTITLED HAD SUCH MEMBER ENTERED OR RE-ENTERED MEMBERSHIP IN
 SUCH RETIREMENT SYSTEM ON THE DATE IN WHICH SUCH  MEMBER  FIRST  ENTERED
 THE RETIREMENT SYSTEM FROM WHICH SUCH MEMBER RETIRED.
   § 4. This act shall take effect immediately.

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