S T A T E O F N E W Y O R K
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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REPEALED and a new section 217 is added to read as follows: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.