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

                                  8260

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the education law, in relation to election of a public
  retirement plan

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

  Section  1.  Subdivision  1  of  section  393 of the education law, as
amended by chapter 696 of the laws  of  1965,  is  amended  to  read  as
follows:
  1. Election of the optional retirement program.
  (a) Each eligible employee initially appointed on or after July first,
nineteen  hundred  sixty-four,  within [thirty] THREE HUNDRED SIXTY-FIVE
days of his OR HER entry into service, shall elect (i)  to  join  either
the  New  York  state  teachers' retirement system or the New York state
employees' retirement system or other public retirement system  in  this
state  in  accordance  with  the provisions of law applicable thereto or
(ii) to elect the optional retirement program  established  pursuant  to
this article; provided however, that (1) such persons initially entering
service  during  the  period  July  first,  nineteen  hundred sixty-four
through November fourth, nineteen  hundred  sixty-four  may  defer  such
election  until  December  fourth,  nineteen hundred sixty-four, and (2)
eligible employees of an electing employer  initially  appointed  on  or
after the effective date of the election to offer such program may defer
such  election  until  the  [ninetieth]  THREE  HUNDRED  SIXTY-FIFTH day
following [such effective date of the election  to  offer  such  program
established  by  an electing employer] THE FIRST DAY OF HIS OR HER ENTRY
INTO SERVICE. Any such deferred election shall be effective  as  of  the
date of entry into service or the effective date of such offer, whichev-
er is later.
  (b)  In  the  event  an eligible employee fails to make an election as
provided in paragraph (a) of this subdivision, he OR SHE shall be deemed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11817-01-9
              

A. 8260                             2

to have elected membership in the New York  state  teachers'  retirement
system,  or  such  public  retirement  system in this state in which his
membership may be otherwise required in accordance with law, except that
eligible  employees  of institutions under the management and control of
Cornell university or Alfred university as  the  representative  of  the
state  university trustees shall be deemed to have elected membership in
the New York state employees' retirement system. Such  membership  shall
be  effective  as  of  the date of entry into service, or in the case of
membership in  the  New  York  city  [employees]  EMPLOYEES'  retirement
system, at the time otherwise required by law.
  (c)  The  amount,  if  any,  required  to have been contributed by any
employee in accordance with an election, a deferred election or  failure
to  elect pursuant to paragraph (a) or paragraph (b) of this subdivision
shall be collected by payroll  deductions  in  such  manner  as  may  be
provided  by  the comptroller for employees of state university electing
the optional retirement program, or by the  appropriate  fiscal  officer
for  employees  of an electing employer, or in the case of membership in
either the New York state employees' retirement system or the  New  York
state  teachers'  retirement system or other public retirement system in
this state, by the retirement system concerned.
  (d) Eligible employees  other  than  those  employed  by  an  electing
employer  appointed on or before June thirtieth, nineteen hundred sixty-
four, may elect the optional retirement program established pursuant  to
this  article. Such election shall be made on or before December fourth,
nineteen hundred sixty-four, and shall become effective  as  of  January
first,  nineteen  hundred  sixty-five. Eligible employees of an electing
employer appointed before the effective date of the  election  to  offer
such  program  may  elect  the  optional  retirement program established
pursuant to this article. Such election shall be made on or  before  the
[ninetieth]  THREE HUNDRED SIXTY-FIFTH day following [the effective date
of such offer] THE FIRST DAY OF HIS OR HER ENTRY INTO SERVICE and  shall
become  effective  [on  or as of the first day of January next following
the effective date of such offer] AS OF THE DATE OF ENTRY INTO SERVICE.
  (e) Any state employee or employee of an electing employer who becomes
eligible to elect the optional retirement program by reason of  (i)  the
certification of the position held by him pursuant to [paragraph] SUBDI-
VISION three of section three hundred ninety of this article or (ii) his
appointment,  promotion,  transfer  or  reclassification  to  a position
previously so certified,  may  elect  the  optional  retirement  program
established pursuant to this article. Such election shall be made within
[thirty]  THREE  HUNDRED SIXTY-FIVE days after notice in writing to such
employee of his eligibility, and shall become effective [on the date  of
such  election]  AS OF THE DATE OF ENTRY INTO SERVICE, except that in no
case shall such election by a state employee become effective  prior  to
January  first, nineteen hundred sixty-five, or in the case of an eligi-
ble employee of an electing employer, prior to the first day of  January
next following the effective date of the offer of such program.
  (f)  Any  eligible  employee  who  was  employed  by the University of
Buffalo prior to its merger into state university  and  who  elected  to
continue in the retirement program theretofore provided by the Universi-
ty  of  Buffalo in accordance with section three of chapter nine hundred
eighty of the laws of nineteen hundred  sixty-two  and  who  elects  the
optional  retirement  program  established  pursuant  to this article as
provided in paragraphs (d) or (e) of this subdivision shall become inel-
igible to continue in the retirement program provided by the  University
of  Buffalo prior to merger on the effective date of such election. Such

A. 8260                             3

election shall constitute a waiver of all rights and  benefits  provided
under  sections  three  and  seven of chapter nine hundred eighty of the
laws of nineteen hundred sixty-two.
  (g)  No  election  by  an eligible employee of the optional retirement
program shall be effective unless it shall be accompanied by  an  appro-
priate  application,  where  required, for the issuance of a contract or
contracts under the program.
  S 2. Subdivision 1 of section 6253 of the education law, as  added  by
chapter 1028 of the laws of 1965, is amended to read as follows:
  1.  Election  of  the  optional  retirement program. (a) Each eligible
employee initially appointed on or  after  the  effective  date  of  the
election  to  offer  such program established by the board shall, within
[thirty] THREE HUNDRED SIXTY-FIVE days of his OR HER entry into service,
elect (i) to join the New  York  city  teachers'  retirement  system  in
accordance  with  the  provisions  of law applicable thereto, or (ii) to
elect the optional retirement program established pursuant to this arti-
cle; provided however, that such persons initially appointed on or after
the effective date of the election to offer such program may defer  such
election  until  the [ninetieth] THREE HUNDRED SIXTY-FIFTH day following
[such effective date of the election to offer such  program  established
by the board] HIS OR HER ENTRY INTO SERVICE.  Any such deferred election
shall be effective as of the date of entry into service.
  (b)  In  the  event  an eligible employee fails to make an election as
provided in paragraph (a) of this subdivision, he OR SHE shall be deemed
to have elected membership in the New  York  City  teachers'  retirement
system.  Such membership shall be effective as of the date of entry into
service.
  (c) The amount, if any, required  to  have  been  contributed  by  any
employee  in accordance with an election, a deferred election or failure
to elect pursuant to paragraph (a) or (b) of this subdivision  shall  be
collected by payroll deductions in such manner as may be provided by the
comptroller  for those persons electing the optional retirement program,
or in the case of membership in the New York city  teachers'  retirement
system, by the retirement system.
  (d)  Eligible  employees  appointed  before  the effective date of the
election to offer such program may elect the optional retirement program
established pursuant to this article. Such election shall be made on  or
before  the  [ninetieth]  THREE  HUNDRED  SIXTY-FIFTH  day following the
effective date of such offer, and shall become effective [on or]  as  of
the  [first  day  of  January  next following the effective date of such
offer] DATE OF ENTRY INTO SERVICE.
  (e) Any employee who becomes eligible to elect the optional retirement
program by reason of his OR  HER  appointment,  promotion,  transfer  or
reclassification  to an eligible position may elect the optional retire-
ment program established pursuant to this article. Such  election  shall
be  made  within  [thirty] THREE HUNDRED SIXTY-FIVE days after notice in
writing to such employee of his OR HER  eligibility,  and  shall  become
effective  [on  the  date of such election, except that in no case shall
such election become effective prior to the first day  of  January  next
following  the  effective  date  of the offer of such program] AS OF THE
FIRST DAY OF ENTRY INTO SERVICE.
  (f) No election by an eligible employee  of  the  optional  retirement
program  shall  be effective unless it shall be accompanied by an appro-
priate application, where required, for the issuance of  a  contract  or
contracts under the program.
  S 3. This act shall take effect immediately.

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  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill amends Sections 393 and 6253 of the education law to extend
the waiting period for option retirement plan selection from thirty days
to one year.
  The City  University  of  New  York's  Office  of  Faculty  and  Staff
Relations has determined that although implementation would be an admin-
istrative burden, there is no fiscal impact.
  This  fiscal  note,  dated, January 14, 2009, is intended for use only
during the 2009 Legislative Session.