S T A T E O F N E W Y O R K
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9920
I N A S S E M B L Y
February 11, 2010
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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