Legislation
SECTION 420-A
State savings and loan insurance fund
Banking (BNK) CHAPTER 2, ARTICLE 10-A
§ 420-a. State savings and loan insurance fund. 1. There is hereby
created the "state savings and loan insurance fund". The fund shall be a
corporate governmental agency constituting a public benefit corporation.
It shall have the powers and privileges of a corporation, and under its
corporate name all of its business shall be transacted, all funds
invested, all warrants for money drawn and payments made, and all cash
and securities and other personal property shall be held.
2. The fund shall be administered by six trustees, four of whom shall
be appointed by the governor with the advice and consent of the senate,
one shall be elected by the insured members and one shall be elected by
the board of directors of the Savings and Loan Bank of the State of New
York from their own number. The trustees of the fund first appointed by
the governor shall serve for terms ending December thirty-first in
nineteen hundred sixty-eight, nineteen hundred sixty-nine, nineteen
hundred seventy and nineteen hundred seventy-one, respectively. Persons
appointed for full terms as their successors shall serve for four years
each commencing as of January first next following the year in which the
term of his predecessor expired. The trustee elected by the insured
members shall serve for a term ending on December thirty-first, nineteen
hundred sixty-nine and the trustee elected by the board of directors of
the savings and loan bank of the state of New York shall serve for a
term ending on December thirty-first, nineteen hundred seventy-one.
Persons elected for full terms as their successors shall serve for four
years each commencing as of January first next following the year in
which the term of his predecessor expired. In the event of a vacancy
occurring in the office of an appointed trustee by death, resignation or
otherwise, the governor shall appoint a successor in the same manner as
an original appointment to serve for the balance of the unexpired term.
If, for the previously stated reasons, a vacancy occurs in the office of
an elected trustee, said vacancy shall be filled for the unexpired term
by special election.
3. The trustees of the fund shall serve without salary, but each
trustee shall be entitled to reimbursement for his actual and necessary
expenses incurred in the performance of his official duties and to a fee
of one hundred dollars per day when rendering service as such member,
provided that the aggregate amount of such fees payable to any one
trustee in any one fiscal year shall not exceed the sum of five thousand
dollars.
4. The trustees of the fund may engage in private employment, or in a
profession or business, subject to the limitations contained in sections
seventy-three and seventy-four of the public officers law. The fund
shall, for the purposes of such sections, be a "state agency", and the
trustees thereof shall be "officers" of the agency for the purposes of
said sections.
5. Notwithstanding any inconsistent provisions of law, general,
special or local, no officer or employee of the state, or of any civil
division thereof, shall be deemed to have forfeited or shall forfeit his
office or employment by reason of his acceptance of appointment as a
trustee, officer or agent of the fund; provided, however, that a
trustee, officer or agent who holds such other public office or
employment shall receive no additional compensation, fee or allowance
for services rendered pursuant to this article, but shall be entitled to
reimbursement for his actual and necessary expenses incurred in the
performance of such services.
6. The governor may remove any trustee for inefficiency, neglect of
duty or misconduct in office after giving him a copy of the charges
against him and an opportunity to be heard, in person or by counsel, in
his defense, upon not less than ten days notice. If any trustee shall be
removed, the governor shall file with the secretary of state a complete
statement of charges made against the trustee, and his findings thereon,
together with a complete record of the proceedings.
7. The chairman of the board of trustees shall be designated by the
governor. He shall preside over all meetings of the trustees and shall
have such other duties as the trustees may direct. A vice-chairman who
shall preside over all meetings of the fund in the absence of the
chairman and who shall have such other duties as the trustees may direct
may be designated from time to time by the trustees from among the other
trustees.
8. The powers of the fund shall be vested in and exercised by no less
than four of the trustees then in office. The fund may delegate to one
or more of its trustees, or officers, agents or employees, such powers
and duties as the trustees may deem proper, provided, however, that all
contracts involving an estimated expense of ten thousand dollars or more
shall be approved prior to execution by no less than four trustees of
the fund.
9. The fund shall be subject to an examination by the superintendent
of financial services at least once in each calendar year.
10. Within three days, Saturdays, Sundays and holidays excepted, after
each meeting of the trustees of the fund, the secretary or other officer
of the fund in charge of the minutes of the proceedings of the trustees
shall transmit to the superintendent of financial services at his office
in Albany three certified copies of the minutes of every meeting of the
trustees for his information.
11. The fund shall become operative when the total aggregate of the
savings deposits of its members amount to five hundred million dollars
or more and shall continue so long as it shall have bonds, insurance or
other obligations outstanding and until its existence shall be
terminated by law. Upon the termination of the existence of the fund,
all its rights and properties shall pass to and be vested in the state.
12. Before becoming operative the fund shall adopt, and obtain the
approval of the superintendent, of by-laws for its organization,
management and operations. Any amendment of the by-laws shall require
the prior approval of the superintendent.
created the "state savings and loan insurance fund". The fund shall be a
corporate governmental agency constituting a public benefit corporation.
It shall have the powers and privileges of a corporation, and under its
corporate name all of its business shall be transacted, all funds
invested, all warrants for money drawn and payments made, and all cash
and securities and other personal property shall be held.
2. The fund shall be administered by six trustees, four of whom shall
be appointed by the governor with the advice and consent of the senate,
one shall be elected by the insured members and one shall be elected by
the board of directors of the Savings and Loan Bank of the State of New
York from their own number. The trustees of the fund first appointed by
the governor shall serve for terms ending December thirty-first in
nineteen hundred sixty-eight, nineteen hundred sixty-nine, nineteen
hundred seventy and nineteen hundred seventy-one, respectively. Persons
appointed for full terms as their successors shall serve for four years
each commencing as of January first next following the year in which the
term of his predecessor expired. The trustee elected by the insured
members shall serve for a term ending on December thirty-first, nineteen
hundred sixty-nine and the trustee elected by the board of directors of
the savings and loan bank of the state of New York shall serve for a
term ending on December thirty-first, nineteen hundred seventy-one.
Persons elected for full terms as their successors shall serve for four
years each commencing as of January first next following the year in
which the term of his predecessor expired. In the event of a vacancy
occurring in the office of an appointed trustee by death, resignation or
otherwise, the governor shall appoint a successor in the same manner as
an original appointment to serve for the balance of the unexpired term.
If, for the previously stated reasons, a vacancy occurs in the office of
an elected trustee, said vacancy shall be filled for the unexpired term
by special election.
3. The trustees of the fund shall serve without salary, but each
trustee shall be entitled to reimbursement for his actual and necessary
expenses incurred in the performance of his official duties and to a fee
of one hundred dollars per day when rendering service as such member,
provided that the aggregate amount of such fees payable to any one
trustee in any one fiscal year shall not exceed the sum of five thousand
dollars.
4. The trustees of the fund may engage in private employment, or in a
profession or business, subject to the limitations contained in sections
seventy-three and seventy-four of the public officers law. The fund
shall, for the purposes of such sections, be a "state agency", and the
trustees thereof shall be "officers" of the agency for the purposes of
said sections.
5. Notwithstanding any inconsistent provisions of law, general,
special or local, no officer or employee of the state, or of any civil
division thereof, shall be deemed to have forfeited or shall forfeit his
office or employment by reason of his acceptance of appointment as a
trustee, officer or agent of the fund; provided, however, that a
trustee, officer or agent who holds such other public office or
employment shall receive no additional compensation, fee or allowance
for services rendered pursuant to this article, but shall be entitled to
reimbursement for his actual and necessary expenses incurred in the
performance of such services.
6. The governor may remove any trustee for inefficiency, neglect of
duty or misconduct in office after giving him a copy of the charges
against him and an opportunity to be heard, in person or by counsel, in
his defense, upon not less than ten days notice. If any trustee shall be
removed, the governor shall file with the secretary of state a complete
statement of charges made against the trustee, and his findings thereon,
together with a complete record of the proceedings.
7. The chairman of the board of trustees shall be designated by the
governor. He shall preside over all meetings of the trustees and shall
have such other duties as the trustees may direct. A vice-chairman who
shall preside over all meetings of the fund in the absence of the
chairman and who shall have such other duties as the trustees may direct
may be designated from time to time by the trustees from among the other
trustees.
8. The powers of the fund shall be vested in and exercised by no less
than four of the trustees then in office. The fund may delegate to one
or more of its trustees, or officers, agents or employees, such powers
and duties as the trustees may deem proper, provided, however, that all
contracts involving an estimated expense of ten thousand dollars or more
shall be approved prior to execution by no less than four trustees of
the fund.
9. The fund shall be subject to an examination by the superintendent
of financial services at least once in each calendar year.
10. Within three days, Saturdays, Sundays and holidays excepted, after
each meeting of the trustees of the fund, the secretary or other officer
of the fund in charge of the minutes of the proceedings of the trustees
shall transmit to the superintendent of financial services at his office
in Albany three certified copies of the minutes of every meeting of the
trustees for his information.
11. The fund shall become operative when the total aggregate of the
savings deposits of its members amount to five hundred million dollars
or more and shall continue so long as it shall have bonds, insurance or
other obligations outstanding and until its existence shall be
terminated by law. Upon the termination of the existence of the fund,
all its rights and properties shall pass to and be vested in the state.
12. Before becoming operative the fund shall adopt, and obtain the
approval of the superintendent, of by-laws for its organization,
management and operations. Any amendment of the by-laws shall require
the prior approval of the superintendent.