S T A T E O F N E W Y O R K
________________________________________________________________________
4100--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. COOK,
PHEFFER, TITONE -- read once and referred to the Committee on Govern-
mental Employees -- recommitted to the Committee on Governmental
Employees in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the judiciary law and the retirement and social security
law, in relation to providing benefit enhancements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The judiciary law is amended by adding a new section 39-c
to read as follows:
S 39-C. COURT CLERKS OF THE CITY OF NEW YORK. COURT CLERKS OF THE CITY
OF NEW YORK SHALL BE DEFINED AS THOSE JOB TITLES OR POSITIONS INCLUDED
WITHIN THE NEGOTIATING UNIT DEFINED IN THE AGREEMENT BETWEEN THE STATE
OF NEW YORK UNIFIED COURT SYSTEM AND THE NEW YORK STATE COURT CLERKS
ASSOCIATION WHICH INCLUDE APPELLATE COURT CLERK, ASSOCIATE APPELLATE
COURT CLERK, ASSOCIATE COURT CLERK, ASSOCIATE SURROGATE'S COURT CLERK,
ASSISTANT DEPUTY COURT CLERK, CASE MANAGEMENT COORDINATOR, COORDINATING
MATRIMONIAL COURT CLERK, COURT CLERK SPECIALIST, DIFFERENTIATED CASE
MANAGEMENT TRACKING COORDINATOR, DEPUTY CHIEF CLERK III, DEPUTY CHIEF
CLERK IV, DEPUTY CHIEF CLERK V, DEPUTY CHIEF CLERK (ARRAIGNMENT PART),
PRINCIPAL APPELLATE COURT CLERK, PRINCIPAL COURT CLERK, PRINCIPAL SURRO-
GATE'S COURT CLERK, SENIOR APPELLATE COURT CLERK, SENIOR COURT CLERK AND
SENIOR SURROGATE'S COURT CLERK.
S 2. Subdivision b of section 902 of the retirement and social securi-
ty law is amended by adding a new paragraph 4 to read as follows:
4. AN ELIGIBLE EMPLOYEE WHO IS A COURT CLERK OF THE CITY OF NEW YORK
OF THE UNIFIED COURT SYSTEM AND MEMBER OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM WITH A DATE OF MEMBERSHIP IN A RETIREMENT
SYSTEM ON OR AFTER JULY TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07028-02-0
A. 4100--A 2
WHO HAS CONTRIBUTED TO A RETIREMENT SYSTEM UNDER THE PROVISIONS OF ARTI-
CLE FOURTEEN OR ARTICLE FIFTEEN OF THIS CHAPTER FOR A PERIOD OF MORE
THAN TEN YEARS SHALL RECEIVE UPON RETIREMENT A PAYMENT EQUAL TO THE
AMOUNT OF CONTRIBUTIONS MADE IN EXCESS OF TEN YEARS OF SERVICE AND ANY
ACCUMULATED INTEREST.
S 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow Tier 3 and Tier 4 Court Clerks in the City of New
York who have made 3% member contributions after having completed ten
years of service credit, to receive a refund at retirement of all 3%
member contributions made after having completed ten years of service
credit, together with interest thereon.
If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $13.8 million which would be borne by
the State of New York as a one-time payment.
These estimated costs are based on 1,578 known Tier 3 and Tier 4 Court
Clerks having a total estimated annual salary for the fiscal year ending
March 31, 2009 of approximately $133 million.
This estimate, dated February 10, 2010 and intended for use only
during the 2010 Legislative Session, is Fiscal Note No. 2010-94,
prepared by the Actuary for the New York State and Local Employees'
Retirement System.