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

                                  9921

                          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
  the  reporting  requirements of public entities; and to repeal section
  217 of such law relating thereto

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

  Section  1.  Section  217 of the retirement and social security law is
REPEALED and a new section 217 is added to read as follows:
  S 217. REPORTING REQUIREMENTS; PUBLIC ENTITY SALARY  TRANSPARENCY  AND
DISCLOSURE.  1.  AS  USED  IN THIS SECTION, THE TERM PUBLIC ENTITY SHALL
MEAN: (I) THE STATE; (II) A COUNTY, CITY, TOWN,  VILLAGE  OR  ANY  OTHER
POLITICAL  SUBDIVISION  OR  CIVIL  DIVISION OF THE STATE; (III) A SCHOOL
DISTRICT, BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  OR  ANY  OTHER
GOVERNMENTAL  ENTITY OR COMBINATION OR ASSOCIATION OF GOVERNMENTAL ENTI-
TIES OPERATING A PUBLIC SCHOOL, COLLEGE, COMMUNITY COLLEGE OR  UNIVERSI-
TY; (IV) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT; (V) A PUBLIC AUTHORI-
TY,  COMMISSION,  AGENCY  OR PUBLIC BENEFIT CORPORATION; (VI) A DISTRICT
CORPORATION; OR (VII) ANY OTHER SEPARATE  CORPORATE  INSTRUMENTALITY  OR
UNIT OF GOVERNMENT.
  2.  A  PUBLIC ENTITY SHALL REPORT ALL MONEY EARNED BY A RETIRED PERSON
IN ITS EMPLOY THAT IS IN EXCESS OF THE EARNINGS LIMITATION  OUTLINED  IN
SECTION  TWO  HUNDRED  TWELVE  OF  THIS ARTICLE TO THE RETIREMENT SYSTEM
ADMINISTERED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS FROM WHOM
SUCH RETIRED PERSON IS COLLECTING THEIR RETIREMENT ALLOWANCE.
  3. A PUBLIC ENTITY EMPLOYING A  RETIRED  PERSON  WHO  IS  ELIGIBLE  TO
COLLECT  OR  IS ALREADY COLLECTING A RETIREMENT ALLOWANCE FROM A RETIRE-
MENT SYSTEM ADMINISTERED BY THE STATE OR ANY OF ITS  POLITICAL  SUBDIVI-
SIONS  SHALL  REPORT  ON AN ANNUAL BASIS TO THE RETIREMENT SYSTEM PAYING
SUCH RETIREMENT ALLOWANCE TO SUCH RETIRED PERSON AND TO THE STATE  COMP-
TROLLER.  THIS  REPORT  SHALL CONSIST OF THE RE-EMPLOYED RETIREE'S NAME,
DATE OF BIRTH, PLACE OF EMPLOYMENT, CURRENT POSITION AND ALL EARNINGS.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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

                                                           LBD14823-02-0

A. 9921                             2

  FISCAL NOTE.--PURSUANT TO LEGISLATIVE LAW, SECTION 50:
  This  bill  would  would require the state of New York and the partic-
ipating employers in a public retirement system which employs any  reti-
ree  of  a  public  retirement  system  to annually file a report to the
retirement system from which such employee retired.  Such  report  shall
consist  of  the  retiree's  name,  date  of birth, place of employment,
current position and all earnings.
  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. 2010-2, prepared by the
Actuary  for  the  New York State and Local Employees' Retirement System
and the New York State and Local Police and Fire Retirement System.