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

                                  2470

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Education

AN ACT to amend chapter 57 of the laws of 2005, amending  the  education
  law  relating  to providing for school budget revote, in relation to a
  special apportionment for public pension accruals

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

  Section  1. Subdivision a of section 10 of part M of chapter 57 of the
laws of 2005, amending the  education  law  relating  to  providing  for
school budget revote, is amended to read as follows:
  a.    Notwithstanding any other provision of law, (1) upon application
to the commissioner of education, not later than June 30, 2005, a school
district eligible for an apportionment pursuant to section 3602  of  the
education  law shall be eligible to receive an apportionment pursuant to
this section, for the school year ending June 30, 2005, and such  appor-
tionment shall not exceed the additional accruals required to be made by
school districts in the 2004-2005 school year associated with changes in
accounting  methodologies  for  liabilities  for  employer  and employee
contributions due and payable to a public  retirement  system,  and  (2)
upon  application  to the commissioner of education, not later than June
30, 2006, a school district eligible for an  apportionment  pursuant  to
section 3602 of the education law shall be eligible to receive an appor-
tionment  pursuant  to this section, for the school year ending June 30,
2006, and such apportionment shall not exceed  the  additional  accruals
required  to    be  made  by  school districts in the 2004-05 or 2005-06
school years associated with changes  in  accounting  methodologies  for
such  public  pension liabilities AND/OR (3) FOR SCHOOL DISTRICTS WITH A
POPULATION IN EXCESS OF ONE HUNDRED NINETY-FIVE THOUSAND INHABITANTS AND
LESS THAN TWO HUNDRED NINETEEN THOUSAND  INHABITANTS  ACCORDING  TO  THE
LATEST  FEDERAL  CENSUS,  UPON APPLICATION TO THE COMMISSIONER OF EDUCA-
TION, NOT LATER THAN JUNE 30, 2009, A SCHOOL DISTRICT  ELIGIBLE  FOR  AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01357-01-9
              

A. 2470                             2

APPORTIONMENT  PURSUANT  TO  SECTION  3602 OF THE EDUCATION LAW SHALL BE
ELIGIBLE TO RECEIVE AN APPORTIONMENT PURSUANT TO THIS SECTION,  FOR  THE
SCHOOL  YEAR  ENDING  JUNE  30,  2009,  AND SUCH APPORTIONMENT SHALL NOT
EXCEED  THE  ADDITIONAL ACCRUALS REQUIRED TO BE MADE BY SUCH DISTRICT IN
BOTH THE THE 2007-2008 AND THE 2008-2009 SCHOOL  YEARS  ASSOCIATED  WITH
CHANGES  IN  PUBLIC PENSION LIABILITIES.   The amount of such additional
accrual shall be certified to the commissioner of education by the pres-
ident of the board of education or the trustees or, in  the  case  of  a
city  school  district  in  a  city  with  a population in excess of one
hundred twenty-five thousand inhabitants, the mayor of such  city.  Such
application  shall  be  made  by  a  school district, after the board of
education or trustees have adopted a resolution to do so and in the case
of a city school district in a city with a population in excess  of  one
hundred twenty-five thousand inhabitants, with the approval of the mayor
of such city.
  S  2.  This act shall take effect April 1, 2009; provided that if this
act shall become a law after such date, it shall take effect immediately
and be deemed to have been in full force and effect on  and  after  such
date.