S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8212--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 24, 2013
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Governmental Employees -- recommitted to the Committee  on  Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the retirement and social security law, in  relation  to
  participation  by  public or quasi-public organizations in the retire-
  ment system

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  a of section 31 of the retirement and social
security law, as amended by chapter 379 of the laws of 1989, is  amended
to read as follows:
  a. Any public or quasi-public organization created wholly or partly or
deriving  its powers by the legislature of the state and which organiza-
tion employs persons engaged in service to the public or any state agen-
cy as defined in section fifty-three-a of the state finance law, or  the
New  York state association of town superintendents of highways, inc. or
any school board association,  by  resolution  legally  adopted  by  its
governing  body  and  approved by the comptroller, may elect to have its
officers and employees become eligible to participate in the  retirement
system.    Acceptance  of the officers and employees of such an employer
for membership in the retirement system shall be optional with the comp-
troller. If he shall approve  their  participation,  such  organization,
except  as  specifically provided in this article to the contrary, shall
thereafter be treated as a participating  employer.  Any  election  made
pursuant  to  this  subdivision  by  a school board association shall be
applicable to current employees of such  association.    NOTWITHSTANDING
THE  FOREGOING PROVISIONS, ANY OFFICER OR EMPLOYEE OF THE NEW YORK STATE
ASSOCIATION OF TOWN SUPERINTENDENTS OF  HIGHWAYS,  INC.,  THE  NEW  YORK
STATE SCHOOL BOARDS ASSOCIATION, THE NEW YORK STATE ASSOCIATION OF COUN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11764-07-3
              

A. 8212--A                          2

TIES,  THE  ASSOCIATION  OF TOWNS OF THE STATE OF NEW YORK, THE NEW YORK
CONFERENCE OF MAYORS AND OTHER MUNICIPAL OFFICIALS, OR ANY SCHOOL  BOARD
ASSOCIATION,  FIRST EMPLOYED ON OR AFTER THE EFFECTIVE DATE OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND FOURTEEN WHICH AMENDED THIS SUBDIVISION,
SHALL  NOT  BE  ELIGIBLE TO PARTICIPATE AND/OR RECEIVE SERVICE CREDIT IN
THE RETIREMENT SYSTEM BASED ON SUCH EMPLOYMENT.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--This bill would require that persons first  employed  by
the  following  associations  on or after the effective date will not be
eligible to membership in  the  New  York  State  and  Local  Employees'
Retirement System:
  The  New  York  state association of town superintendents of highways,
inc,
  The New York state school board association,
  The New York state association counties,
  The association of towns of the state of New York,
  The New York conference of mayors and other municipal officials, and
  Any school board association.
  If this bill is enacted, there will  be  no  cost  to  the  retirement
system.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2013  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial Report
when released in the fall of 2013.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  Annual  Report  to  the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication  Standards  to  render  the  statement  of  actuarial   opinion
contained herein.
  This  estimate,  dated  September  3,  2013, and intended for use only
during the 2014 Legislative Session, is Fiscal Note No. 2014-7, prepared
by the Actuary for the New York State and  Local  Employees'  Retirement
System.