S T A T E O F N E W Y O R K
________________________________________________________________________
3327
2009-2010 Regular Sessions
I N A S S E M B L Y
January 26, 2009
___________
Introduced by M. of A. PRETLOW -- Multi-Sponsored by -- M. of A. GORDON
-- read once and referred to the Committee on Mental Health, Mental
Retardation and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to retirement bene-
fits for certain direct care workers employed by not-for-profit office
of mental retardation and developmental disabilities providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
41.60 to read as follows:
S 41.60 ADDITIONAL EXPENDITURES RELATED TO RETIREMENT BENEFITS.
THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL
ANNUALLY REIMBURSE LICENSED NOT-FOR-PROFIT CORPORATIONS, WHICH PROVIDE
DIRECT CARE TO CONSUMERS OF SERVICES APPROVED BY THE OFFICE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES, FOR THE COST OF EMPLOYER
CONTRIBUTIONS TO A RETIREMENT BENEFIT FUND GOVERNED BY THE PROVISIONS OF
THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED.
SUCH REIMBURSEMENT SHALL COMMENCE ON THE FIRST DAY OF APRIL OF THE
CALENDAR YEAR FOLLOWING THE SUBMISSION BY SUCH CORPORATION OF THE FEDER-
AL INTERNAL REVENUE SERVICE FORM 5500 WHICH DOCUMENTS THAT SUCH EMPLOYER
CONTRIBUTIONS WERE MADE. ANY SUCH CORPORATION MAY APPLY TO THE OFFICE OF
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES FOR EXPEDITED
REIMBURSEMENT OF SUCH EMPLOYER CONTRIBUTIONS UPON DEMONSTRATING TO SUCH
OFFICE THAT SUCH PAYMENTS MUST BE MADE PROMPTLY, AND THAT THE CORPO-
RATION CANNOT REASONABLY MAKE PROMPT PAYMENT. THE OFFICE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL NOT REIMBURSE ANY
AMOUNT WHICH EXCEEDS TEN PERCENT OF THE EMPLOYER'S TOTAL PAYROLL ON
DECEMBER THIRTY-FIRST OF ANY YEAR IN WHICH CONTRIBUTIONS ARE MADE.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06857-01-9