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

                                  2312

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  the  extension  of the temporary benefits and supplementation programs
  and to amend chapter 625 of the laws of 1975 amending  the  retirement
  and social security law, relating to the extension of temporary rights
  and benefits, in relation to the extension of such rights and benefits

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

  Section 1. Section 470 of the retirement and social security  law,  as
amended  by  chapter  27  of  the  laws  of  2007, is amended to read as
follows:
  S 470. Temporary suspension of  retirement  negotiations.  Until  July
first, two thousand [nine] ELEVEN, changes negotiated between any public
employer  and  public employee, as such terms are defined in section two
hundred one of the civil  service  law,  with  respect  to  any  benefit
provided by or to be provided by a public retirement system, or payments
to  a  fund  or  insurer to provide an income for retirees or payment to
retirees or their beneficiaries, shall be prohibited.  Thereafter,  such
changes  shall  be  made  only  pursuant  to negotiations between public
employers and public employees conducted on a coalition  basis  pursuant
to  the  provisions of this article; provided, however, any such changes
not requiring approval by act of  the  legislature  may  be  implemented
prior  to  July  first,  two  thousand [nine] ELEVEN, if negotiated as a
result of collective bargaining authorized by section six of chapter six
hundred twenty-five of the laws of nineteen hundred seventy-five.
  S 2. Section 480 of the retirement and social security law, as amended
by chapter 27 of the laws of 2007, is amended to read as follows:
  S 480. Extension of temporary benefits and  supplementation  programs.
a.    Every  temporary right, privilege or benefit conferred pursuant to
the provisions of a general, special or local law (other  than  pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09122-01-9
              

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to  articles  fourteen  and fifteen of this chapter) for any member of a
public retirement system or pension plan funded by the state or  one  of
its political subdivisions, which is scheduled to expire or terminate at
any  time  during nineteen hundred seventy-four, nineteen hundred seven-
ty-five, nineteen hundred seventy-six, nineteen  hundred  seventy-seven,
nineteen  hundred seventy-eight, nineteen hundred seventy-nine, nineteen
hundred eighty, nineteen hundred eighty-one,  nineteen  hundred  eighty-
two,  nineteen hundred eighty-three, nineteen hundred eighty-four, nine-
teen hundred eighty-five, nineteen hundred eighty-six, nineteen  hundred
eighty-seven,  nineteen  hundred  eighty-eight, nineteen hundred eighty-
nine, nineteen hundred ninety,  nineteen  hundred  ninety-one,  nineteen
hundred  ninety-two,  nineteen  hundred  ninety-three,  nineteen hundred
ninety-four, nineteen hundred ninety-five, nineteen hundred  ninety-six,
nineteen  hundred  ninety-seven, nineteen hundred ninety-eight, nineteen
hundred ninety-nine, two thousand, two thousand one, two  thousand  two,
two  thousand  three, two thousand four, two thousand five, two thousand
six, two thousand seven [or], two thousand eight, TWO THOUSAND NINE, TWO
THOUSAND TEN OR TWO THOUSAND  ELEVEN,  is  hereby  extended  until  July
first,  two  thousand  [nine]  ELEVEN, notwithstanding the provisions of
such general, special or local law. Notwithstanding the foregoing, noth-
ing in this section shall be construed to extend the provisions of arti-
cle eighteen of this  chapter  or  to  affect  any  statutory  deadlines
provided in such article.
  b.  (i)  Any  program  under  which an employer in a public retirement
system funded by the state or one of its political subdivisions  assumes
all  or  part  of  the contribution which would otherwise be made by its
employees toward retirement, which expires or terminates during nineteen
hundred seventy-four, is hereby extended until July first, two  thousand
[nine]  ELEVEN,  notwithstanding  the  provisions  of any other general,
special or local law, except that commencing with the payroll period the
first day of which is nearest to January first, nineteen hundred  seven-
ty-six,  and  until  July first, two thousand [nine] ELEVEN, the rate of
such contribution assumed by an employer in any of the public retirement
systems funded and maintained by a city, shall be one-half the  rate  of
such contribution assumed by such employer for the immediately preceding
payroll period except as provided in paragraph (ii) of this subdivision.
  (ii)  Commencing  with the first payroll period the first day of which
is subsequent to October first, two thousand and until July  first,  two
thousand  [nine]  ELEVEN,  the  rate  of such contribution assumed by an
employer in the New York city police pension fund and in  the  New  York
city  fire  department  pension  fund shall be equal to the rate of such
contributions assumed by such employer for the payroll period  preceding
January first, nineteen hundred seventy-six.
  c.  All  supplemental  retirement  allowances or supplemental pensions
paid to pensioners or beneficiaries of any retirement  system  supported
in  whole  or  in  part by the state or a political subdivision thereof,
which are scheduled to expire at any time during nineteen hundred seven-
ty-five, nineteen hundred seventy-six, nineteen  hundred  seventy-seven,
nineteen  hundred seventy-eight, nineteen hundred seventy-nine, nineteen
hundred eighty, nineteen hundred eighty-one,  nineteen  hundred  eighty-
two,  nineteen hundred eighty-three, nineteen hundred eighty-four, nine-
teen hundred eighty-five, nineteen hundred eighty-six, nineteen  hundred
eighty-seven,  nineteen  hundred  eighty-eight, nineteen hundred eighty-
nine, nineteen hundred ninety,  nineteen  hundred  ninety-one,  nineteen
hundred  ninety-two,  nineteen  hundred  ninety-three,  nineteen hundred
ninety-four, nineteen hundred ninety-five, nineteen hundred  ninety-six,

S. 2312                             3

nineteen  hundred  ninety-seven, nineteen hundred ninety-eight, nineteen
hundred ninety-nine, two thousand one, two thousand  two,  two  thousand
three, two thousand four, two thousand five, two thousand six, two thou-
sand seven [or], two thousand eight, TWO THOUSAND NINE, TWO THOUSAND TEN
OR  TWO  THOUSAND  ELEVEN,  shall  be  continued  for an additional year
notwithstanding any other provision of any general, special or local law
provided, however, that all such supplemental retirement  allowances  or
supplemental  pensions  which are scheduled to expire at any time during
two thousand [seven] NINE shall be continued for  two  additional  years
notwithstanding  any  other  provisions of any general, special or local
law.
  S 3. Section 615 of the retirement and social security law, as amended
by chapter 27 of the laws of 2007, is amended to read as follows:
  S 615. Duration. Notwithstanding any other provisions of this  chapter
or  of any other law, the provisions of article fourteen of this chapter
shall expire on June thirtieth, two thousand [nine] ELEVEN, but shall no
longer apply to members to whom this article applies on the date article
fifteen of this chapter becomes effective, provided, however, any member
who has retired pursuant to the provisions of article fourteen  of  this
chapter  before the effective date of this article or any beneficiary of
such a member or a beneficiary of a member who dies before the effective
date of this article and who is entitled to a death benefit pursuant  to
article fourteen of this chapter shall receive such benefits pursuant to
the  provisions  of article fourteen of this chapter, except as provided
pursuant to the provisions of section  six  hundred  seventeen  of  this
article.  All  benefits  provided  by  a public retirement system of the
state shall continue with respect to members to which  this  article  is
applicable only until June thirtieth, two thousand [nine] ELEVEN.
  S 4. Section 6 of chapter 625 of the laws of 1975 amending the retire-
ment  and  social  security  law, relating to the extension of temporary
rights and benefits, as amended by chapter 27 of the laws  of  2007,  is
amended to read as follows:
  S 6. Notwithstanding any inconsistent provisions of this act or of any
general,  special  or local law, on and after July 1, 1975 and up to and
including June 30, [2009] 2011: (a) a participating employer in the  New
York  state and local employees' retirement system or the New York state
and local police and fire retirement  system  and  its  employees  shall
continue  to  have  the  right  to negotiate with respect to any benefit
provided by or to be provided by such  employer  to  such  employees  as
members of such system and not requiring approval by act of the legisla-
ture;  and (b) a public authority or public benefit corporation which is
not a participating employer in the New York state and local  employees'
retirement  system  or  the  New  York city employees' retirement system
shall continue to have the right to negotiate with  its  employees  with
respect  to  benefits  to be provided by such employer to such employees
upon retirement and not requiring approval by act of the legislature.
  S 5. This act shall take effect immediately; provided that the  amend-
ments  to  section 615 of the retirement and social security law made by
section three of this act shall expire on the same date as such  section
expires pursuant to such section 615.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would extend for 2 years those temporary benefits provided
by a public retirement system of  the  State,  including  the  right  of
members  to negotiate for improved benefits not requiring approval by an
Act of the legislature.

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  Insofar as this would affect the New York State and  Local  Employees'
Retirement System (NYS&LERS) and the New York State and Local Police and
Fire  Retirement  System  (NYS&LPFRS),  there  would  be  no increase in
employer contributions over current levels for the State of New York  or
the participating employers in the NYS&LERS or the NYS&LPFRS.
  This  estimate,  dated  February  6,  2009,  and intended for use only
during the 2009  Legislative  Session,  is  Fiscal  Note  No.  2009-144,
prepared by the Actuary for the NYS&LERS and the NYS&LPFRS.