S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
May 24, 2011
Introduced by Sen. GRIFFO -- (at request of the State Comptroller) --
read twice and ordered printed, and when printed to be committed to
the Committee on Investigations and Government Operations
AN ACT to amend the tax law, in relation to access to the wage reporting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 171-a of the tax law, as added by chapter 545 of
the laws of 1978, is amended by adding a new subdivision 6-b to read as
(6-B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER SHALL ENTER INTO A COOPERATIVE AGREEMENT WITH THE STATE
COMPTROLLER, WHICH AGREEMENT SHALL PROVIDE FOR THE UTILIZATION OF INFOR-
MATION OBTAINED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, FOR
PURPOSES OF DETERMINING THE AMOUNT A RETIRED MEMBER OF A RETIREMENT
SYSTEM OR PENSION PLAN ADMINISTERED BY THE STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS WHO RETURNS TO GAINFUL EMPLOYMENT HAS EARNED FOR THE
PURPOSES OF SECTIONS ONE HUNDRED TWO, TWO HUNDRED ELEVEN, TWO HUNDRED
TWELVE AND THREE HUNDRED TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
S 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would give the state Comptroller access to the wage report-
ing system administered by the department of taxation and finance. This
would enable the New York State and Local Employees' Retirement System
and the New York State and Local Police and Fire Retirement System to
verify that retirees who return to work for any public employer are
earning less than the limits under Sections 102, 211, 212 and 302 of the
Retirement and Social Security Law.
If this bill is enacted, there would be no additional costs. However,
utilization of this information could result in the partial recovery of
the pensions of any retirees who earn in excess of these limits.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5460 2
This estimate, dated December 17, 2010, and intended for use only
during the 2011 Legislative Session, is Fiscal Note Number 2011-68
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire