S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4597
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the education law and the retirement and social security
   law, in relation to termination of membership  in  a  New  York  state
   retirement system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 540 to
 read as follows:
   § 540. WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP  TERMINATION.  A  TEACHER
 INTENDING  TO  TERMINATE  HIS OR HER MEMBERSHIP IN THE RETIREMENT SYSTEM
 DEFINED IN SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF  THIS  ARTICLE
 AND  THE  TEACHER'S  EMPLOYER  MUST  BOTH  EXECUTE  A  WRITTEN STATEMENT
 PROVIDED BY THE RETIREMENT BOARD  THAT  THE  TEACHER  AND  THE  EMPLOYER
 ACKNOWLEDGE AND UNDERSTAND THAT THE TEACHER, ON A SPECIFIC DATE, WILL NO
 LONGER  BE A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST, WITHIN
 THIRTY DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN STATEMENT
 WITH THE RETIREMENT BOARD IN ORDER TO  EFFECTUATE  SUCH  TERMINATION  OF
 MEMBERSHIP.
   § 2. The retirement and social security law is amended by adding a new
 section 113-b to read as follows:
   §  113-B.  WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP TERMINATION. A MEMBER
 INTENDING TO TERMINATE HIS OR HER MEMBERSHIP IN  THE  RETIREMENT  SYSTEM
 DEFINED  IN  SUBDIVISION TWENTY-EIGHT OF SECTION TWO OF THIS ARTICLE AND
 THE MEMBER'S EMPLOYER MUST BOTH EXECUTE A WRITTEN STATEMENT PROVIDED  BY
 THE  OFFICE OF THE COMPTROLLER THAT THE MEMBER AND THE EMPLOYER ACKNOWL-
 EDGE AND UNDERSTAND THAT THE MEMBER, ON A SPECIFIC DATE, WILL NO  LONGER
 BE  A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST, WITHIN THIRTY
 DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN  STATEMENT  WITH
 THE OFFICE OF THE COMPTROLLER IN ORDER TO EFFECTUATE SUCH TERMINATION OF
 MEMBERSHIP.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05184-01-1

 S. 4597                             2
 
   § 3. The retirement and social security law is amended by adding a new
 section 411-a to read as follows:
   §  411-A.  WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP TERMINATION. A MEMBER
 INTENDING TO TERMINATE HIS OR HER MEMBERSHIP IN  THE  RETIREMENT  SYSTEM
 DEFINED IN SUBDIVISION TWENTY-EIGHT OF SECTION THREE HUNDRED TWO OF THIS
 ARTICLE  AND THE MEMBER'S EMPLOYER MUST BOTH EXECUTE A WRITTEN STATEMENT
 PROVIDED BY THE OFFICE OF  THE  COMPTROLLER  THAT  THE  MEMBER  AND  THE
 EMPLOYER ACKNOWLEDGE AND UNDERSTAND THAT THE MEMBER, ON A SPECIFIC DATE,
 WILL NO LONGER BE A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST,
 WITHIN  THIRTY  DAYS  AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN
 STATEMENT WITH THE OFFICE OF THE COMPTROLLER IN ORDER TO EFFECTUATE SUCH
 TERMINATION OF MEMBERSHIP.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.