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

                                  6414

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

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REPEALED and a new section 217 is added to read as follows: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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14823-02-0

S. 6414                             2

  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.
  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.