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

                                  9920

                          I N  A S S E M B L Y

                            February 11, 2010
                               ___________

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

AN ACT to amend the retirement and social security law, in  relation  to
  public officers

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

  Section 1. The retirement and social security law is amended by adding
a new section 115-a to read as follows:
  S 115-A. PUBLIC OFFICERS.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
FOR PURPOSES OF THIS ARTICLE, ONLY THE FOLLOWING PERSONS SHALL BE DEEMED
TO BE PUBLIC OFFICERS: (A) EVERY OFFICER FOR WHOM ALL  THE  ELECTORS  OF
THE STATE ARE ENTITLED TO VOTE, MEMBERS OF THE LEGISLATURE, AND JUSTICES
OF  THE  SUPREME  COURT,  EXCEPT  UNITED  STATES  SENATORS,  MEMBERS  OF
CONGRESS, AND ELECTORS FOR PRESIDENT AND VICE PRESIDENT  OF  THE  UNITED
STATES; AND (B) EVERY OFFICER FOR WHOM THE ELECTORS OF A PORTION ONLY OF
THE STATE, OR OF A POLITICAL SUBDIVISION OR MUNICIPAL CORPORATION OF THE
STATE,  ARE  ENTITLED  TO VOTE. EVERY PERSON WHO HAS BEEN APPOINTED, BUT
NOT ELECTED, TO A STATE OR LOCAL OFFICE OTHER THAN  THOSE  DESCRIBED  IN
THIS SECTION, SHALL NOT BE DEEMED TO BE A PUBLIC OFFICER.
  S 2. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to legislative law, section 50:
  This  bill  would  define public officer to include only elected offi-
cers.   In so doing,  appointed  officers  would  have  to  satisfy  the
employee/independent  contractor requirements in order to become members
of the New York State and Local Employees' Retirement System.
  If this bill is enacted, we anticipate that there  would  be  a  small
annual  administrative  cost  to the New York State and Local Employees'
Retirement System and the New York  State  and  Local  Police  and  Fire
Retirement System.
  This estimate, dated January 4, 2010, and intended for use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-1, prepared by the
Actuary for the New York State and Local Employees' Retirement System.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14825-02-0