senate Bill S6255D

Signed By Governor
2011-2012 Legislative Session

Enacts major components of legislation necessary to implement the public protection and general government budget for fiscal year 2012-2013

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 30, 2012 signed chap.55
delivered to governor
Mar 28, 2012 returned to senate
passed assembly
motion to amend lost
motion to amend lost
ordered to third reading rules cal.23
substituted for a9055d
referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.471
Mar 25, 2012 print number 6255d
amend (t) and recommit to finance
Mar 11, 2012 print number 6255c
amend (t) and recommit to finance
Feb 17, 2012 print number 6255b
amend and recommit to finance
Feb 10, 2012 print number 6255a
amend and recommit to finance
Jan 17, 2012 referred to finance

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S6255 - Bill Details

See Assembly Version of this Bill:
A9055D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6255 - Bill Texts

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Relates to DNA testing of certain offenders convicted of a crime; relates to the administration of traffic infractions; relates to disaster preparedness; relates to the reimbursement of medicare premium charges for employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; exempts centralized contracts from audit prior to finalization; relates to the ability to designate an agency contract as a statewide contract and to the expansion of state contract rights for local governments and non-profit organizations; alters the definition of best value for procurement; expands contract use rights for local governments; relates to the procurement opportunities newsletter; relates to the procurement of department printing and purchases by charitable organizations; renames the office for technology the office of information technology services; relates to paying the metropolitan transportation authority the costs associated with reimbursements for E-ZPass tolls paid by the residents of Broad Channel and the Rockaway Peninsula for travel over the Cross Bay Veterans Memorial Bridge; relates to the collection of assessments for annual expenses; authorizes the transfer of certain facility parole officers to open positions as the parole officer or senior parole officer title; expands the scope of the annual report by the department of corrections to the legislature concerning the staffing and facilities of state correctional facilities; relates to the education reform program; relates to support for the public defense backup center and additional state aid tied to the salary of the district attorney of each county and the calculation thereof; and relates to the public safety communications surcharge.

view sponsor memo
BILL NUMBER:S6255

TITLE OF BILL:
An act
to amend the executive law, in relation to the DNA testing of certain
offenders convicted of a crime (Part A);
to repeal section 396-ff of the general business law, relating to the
pistol and revolver ballistic identification databank (Part B);
to amend the vehicle and traffic law, in relation to the administration
of traffic infractions (Part C);
to amend the penal law,
the correction law, and
the criminal procedure law,
in relation to terms of probation
and probation detainer warrants (Part D);
to amend the penal law, the civil practice law and rules and the
criminal procedure law, in relation to the seizure and forfeiture of
proceeds of felony and misdemeanor crimes (Part E);
to amend chapter 503 of the laws of 2009, relating to the disposition of
monies recovered by county district attorneys before the filing of
an
accusatory instrument, in relation to the effectiveness thereof (Part F);
to amend the executive law, in relation to disaster
preparedness (Part G);
to amend the retirement and social security law, the education law
and the administrative code of the city of New York,
in relation to persons joining the New York state and local
employees'
retirement system, the New York state and local police
and fire retirement system,
the New York state teachers'
retirement system,
the New York city employees' retirement system, the New York city
teachers' retirement system, the New York city board of education
retirement system, the New York city police pension fund, or the New
York city fire pension fund
on or after April 1, 2012 (Part H);
to amend the civil service law, in relation to the
reimbursement of
medicare premium charges for employees and retired employees of the
state, public authorities, public benefit corporations or other
quasi-public organizations of the state (Part I);
to amend the state finance law, in relation to reappropriation
bills (Part J);
to amend the public lands, in relation to state aid on certain state
leased or state-owned land (Part K);
to amend the state finance law, in
relation to the exemption of centralized
contracts from audit prior to
finalization, the ability to designate
an agency contract as a statewide
contract, the expansion of state

contract rights for local governments
and non-profit organizations, amending
the definition of best value and lowest
price for procurement and in relation to modifications of contracts
by not-for-profit corporations;
to amend the general
municipal law, in relation to expanding
contract use rights for
local governments; to
amend the New York
state printing and public
documents law, the state finance law,
the not-for-profit corporation law, the education
law and the general municipal law, in
relation to the procurement of
department printing;
to amend chapter 741 of the laws of 1985 relating to
authorizing certain organizations to purchase commodities under
contracts let
by the state office of general services,
in relation to purchases by charitable organizations;
to amend chapter 83
of the laws of 1995 amending the state finance law and other laws
relating to bonds, notes, and revenues, in relation to the effectiveness
of certain provisions thereof;
and to repeal sections 6 and 7 of the New York state printing and public
documents law, relating to department printing (Part L);
to amend the civil service law, in relation to authorizing term
appointments without examination for certain information technology
positions; filling vacancies by open competitive or upon promotion
examination; certification of eligible lists from an open promotion
examination; departmental and interdepartmental promotion lists;
promotion examination opportunities for employees in non-competitive or
labor class; promotion and
transfer to administrative positions in the
state service; transfer of employees in the non-competitive class where
possession of credentials, licenses or certifications is required; and
transfer of personnel upon consolidation or merge of departments or
agencies (Part M);
to provide for the administration of
certain funds and accounts related to
the 2012-13 budget; authorizing certain
payments and transfers;
to amend
the state finance law, in relation to
school tax relief fund;
to amend the state
finance law, in relation to issuance of
certificates of participation, variable
rate bonds, payments, transfers and
deposits of funds and investment of
general funds, bond proceeds, and other

funds not immediately required; to
amend the public authorities law, in
relation to state environmental
infrastructure projects; to amend
chapter 61 of the laws of 2005, relating
to
providing for the administration of certain funds and
accounts related to the 2005-2006 budget,
in relation to the Division of Military
and Naval Affairs Capital Projects;
to amend
chapter 389 of the laws of 1997,
relating to the financing of the
correctional facilities improvement fund
and the youth facility improvement fund,
in relation to the issuance of bonds; to
amend the private housing finance law,
in relation to housing program bonds and
notes; to amend chapter 329 of the laws
of 1991, amending the state finance law
and other laws relating to the
establishment of the dedicated highway
and bridge trust fund, in relation to
the issuance of bonds;
to amend the public
authorities law, in relation to courthouse improvements and
training facilities,
metropolitan transportation authority facilities, peace
bridge
projects and issuance of bonds by the dormitory authority;
to amend the New York state urban development corporation
act, in
relation to funding project costs for the state university of New York
college for nanoscale and science engineering
and the NY-SUNY 2020 challenge grant program; to amend chapter 57 of
the laws of 2008, relating to providing for the administration of
certain funds and accounts related to the 2008-2009 budget, in relation
to the effectiveness thereof; to amend chapter 56 of the laws of 2009,
relating to providing for the administration of certain funds and
accounts related to the 2009-10 budget, in relation to the effectiveness
thereof;
to amend chapter 56 of the laws of 2010, relating to providing
for the administration of certain funds and accounts related to the
2009-10 budget, in relation to the effectiveness thereof;
to amend chapter 61 of the laws of 2000, amending the public authorities
law relating to the metropolitan transportation authority, the New York
city transit authority, and the Triborough bridge and tunnel authority,
in relation to authorizations to issue bonds and notes;
to repeal
sections 90-b, 91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c,
94-d, 96, 97-n, 97-o,
97-cc, 97-ff, 97-ss,

97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g and 99-i
of the state finance law relating
thereto; to repeal subdivision 5 of section 233-a and subdivision 3-a
of section 378
of the education law
relating thereto;
to repeal paragraph f of subdivision 31 of section 1680 of the public
authorities law relating to the reserve funds of private not-for-profit
schools established with the dormitory authority; to repeal section 1022
of the private housing finance law relating to the rural housing
assistance fund; to repeal section 12 of chapter 1040 of the laws of
1981 relating to penalties for violations of the lobbying act; to repeal
chapter 50 of the laws of 1993 relating to making appropriations for the
support of government;
and providing for the repeal of certain provisions upon
expiration thereof (Part N);
to amend the state technology law, the civil service law, the executive
law, the state finance law, the tax law, and the county law, in relation
to renaming the office for technology the office of information
technology services (Part O);
to amend the state finance law, in relation to aid and incentive to
municipalities (Part P); and
to pay
the metropolitan transportation authority the costs
associated with reimbursements for E-ZPass
tolls paid by the residents of Broad
Channel and the Rockaway Peninsula for travel over the Cross Bay
Veterans Memorial Bridge (Part Q)

PURPOSE:
This bill contains provisions needed to implement the Public
Protection and General Government portions of the 2012-13 Executive
Budget.

This memorandum describes Parts A through Q of the bill which are
described wholly within the parts listed below.

Part A - Expand the list of offenses for which DNA samples will be
collected and entered into the State DNA Databank.

Purpose:

This bill will expand the amount of information in the DNA Databank,
which will help solve more crimes and establish the innocence of some
suspects.

Statement in Support, Summary of Provisions,
Existing Law, and Prior Legislative History:

Currently, DNA samples are collected from persons convicted of all
Penal Law felonies and some Penal Law misdemeanors. In addition,
existing law does not make clear which officials are responsible for

collecting DNA samples in various cases, which has resulted in some
offenders not providing DNA samples as ordered.

The DNA Databank is a powerful tool both for crime fighting and for
establishing a defendant's innocence. Since its inception in 1996,
there have been more than 10,000 hits against the Databank resulting
in over 2,700 convictions. The Databank also plays a significant role
in helping to determine who did not commit a crime. There have been
27 individuals exonerated in New York through DNA evidence, as well
as countless suspects who have been excluded and cleared, most often
at the earliest stages of an investigation.

Despite the fact that DNA is a proven tool that solves cold cases,
prevents crime and exonerates the innocent, 52% of Penal Law crimes
are still ineligible for DNA collection, including at least 200
misdemeanors, as well as all crimes defined outside the Penal Law. To
further the important goals served by the DNA Databank, this bill
would further expand the number of crimes for which convicted
defendants must provide DNA samples to include all felonies defined
in any chapter of the laws of New York, as well as all misdemeanors
defined in the Penal Law. Based on New York's prior experiences with
expansion of the Databank, which demonstrated that inclusion of
additional DNA samples is a useful tool in fighting and preventing
crime and exonerating the innocent, this further expansion will
assuredly result in more cases being solved, more crimes being
prevented and more opportunities for convicted offenders to establish
their innocence.

To ensure that DNA samples are actually collected, and collected in a
timely manner, the bill also specifies which officials are
responsible for sample collection. The most difficult collections are
those involving a non-incarcerative/non-supervised sentence, such as
sentences of conditional discharge, time-served and fines.
Twenty-eight percent of offenders receiving these sentences fail to
provide samples because the law does not specify who is to collect
the sample. A statewide process that requires courts to order
offenders to a sheriffs' office and for that office to collect the
sample will remedy this problem.

Budget Implications:

Enactment of this bill is expected to cost approximately $700,000 in
2012-13, with a full annual cost of $1.4 million. This amount
includes the cost of additional personnel in the Division of Criminal
Justice Services and of DNA test kits and State Police forensic
laboratory consumables.

Effective Date:

This bill takes effect October 1, 2012.

Part B - Repeal the requirement for a pistol and revolver ballistic
identification database, known as CoBIS and replaced with a
nationally recognized alternative.

Purpose:

This bill will permit the Division of State Police to terminate
maintenance of a pistol and revolver ballistic identification
database, known as CoBIS.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Under current statute, the State Police is required to maintain a
pistol and revolver ballistic identification database, which has
become known as CoBIS (Combined Ballistic
Identification System). It was designed to identify guns used in
crimes by comparing unique markings on the shells of the expended
casings with the marks made on all reference shells that gunsmiths
and dealers send the State Police for every firearm sold in the
State. Against the ballistic information for thousands of weapons
entered into the system since its inception, only a few matches have
been made and no associated crimes have been solved. Given the
frequency of violent crimes being committed with firearms that are
either reported stolen or were transported into the State illegally,
CoBIS is an ineffective crime-solving tool and cannot be viewed as
cost effective.

This bill would repeal section 396-ff of the General Business Law to
permit the State Police to eliminate CoBIS. Rather than continue
support for this ineffective database, the State will invest in
enhanced systems and equipment that will permit local and State crime
laboratories to maximize their use of the National Integrated
Ballistics Information Network (NIBIN). This system, which is already
used by New York State law enforcement as an effective crime-solving
tool, allows firearms technicians to compare markings on bullets and
cartridges recovered from a crime scene with similar evidence
recovered from crime scenes in other jurisdictions.

Budget Implications:

This measure will generate approximately $200,000 in savings
associated with discontinuing maintenance of CoBIS. These savings
will be re-invested in upgraded systems and equipment that will
permit more effective use of NIBIN by local and State crime
laboratories.

Effective Date:

This bill takes effect immediately.

Part C - Require that the trial date for a traffic violation must be a
date subsequent to the date of an initial appearance.

Purpose:

This bill would prohibit the practice of issuing a subpoena to compel
a police officer to appear at the initial court appearance on a
traffic violation.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under section 610.10 of the Criminal Procedure Law, a court may only
issue a subpoena to compel a police officer to appear as a "witness"
at a court proceeding; it cannot compel an officer to simply "attend"
a proceeding. Moreover, section 1806 of the Vehicle and Traffic Law
(VTL), which sets forth the procedures governing initial appearances
on traffic
violations for alleged violators who do not enter a guilty plea by
mail, provides no guidance on scheduling trials for traffic violations.

This bill would amend section 1806 of the VTL to clarify that a trial
date must be set for a date after the date of an initial appearance.
The first appearance cannot be the date of trial although the right
to plead on the initial appearance is not impacted. Thus, an officer
cannot be subpoenaed to simply "attend" an initial appearance,
because no trial is possible.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because it would appreciably reduce the number of appearances
that police officers make in certain jurisdictions where officers are
routinely subpoenaed to appear on the initial appearance date of a
simplified traffic information where no trial is realistically
possible. This will result in significant cost avoidance for certain
State and local law enforcement agencies with no diminution of an
accused's constitutional rights.

Effective Date:

This bill takes effect immediately.

Part D - Provide more flexible probation sentencing options for the
courts.

Purpose:

This bill would amend the Penal Law, the Criminal Procedure Law and
the Correction Law to give courts discretion in setting the length of
a probation term.

Statement in Support, Summary of Provisions, Existing Law,.
and Prior Legislative History:

With certain exceptions, current law requires that the probation
sentence for defendants convicted of a felony must be five years and
the probation sentence for defendants convicted of a class A
misdemeanor or an unclassified misdemeanor must be three years. This
bill would give sentencing judges the discretion to impose a
determinate probation sentence of three, four or five years for a
felony conviction, and a determinate probation sentence of two or
three years for a class A or unclassified misdemeanor conviction.

The current probation terms do not reflect that all felonies and
misdemeanors are not deserving of the same punishment, nor are
offenders convicted of these crimes in need of the same period of
supervision. This bill would give judges the flexibility to impose
probation sentences commensurate with the seriousness of a particular
offense and the surrounding circumstances.

Research has demonstrated that the risk of recidivism is greatest
immediately following the imposition of a probation sentence, but
wanes during the succeeding months. Thus, giving judges the
discretion to impose a probation term of 24 months for misdemeanor
offenders and 36 months for felony offenders allows supervision
during times when recidivism is greatest, while giving a court the
option to impose an appropriate sanction for a violation, including a
longer term of probation or a prison or jail term.

This bill also adds a new section 410.92 to the Criminal Procedure Law
to authorize a probation director or deputy director to issue a
warrant for the temporary detention of an alleged probation violator
when a judge is not immediately available to issue such a warrant.
This authority would strengthen probation's capacity to respond
swiftly and certainly to probationers' violations of terms and
conditions of probation.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because the provisions are expected to generate cost savings
to local probation departments.

Effective Date:

This bill takes effect immediately; however, the provisions of section
one of this bill will only apply to offenses committed on or after
such effective date.

Part E - Expand the authority of State judges to order the forfeiture
of proceeds in a sentencing.

Purpose:
This bill would facilitate the use of the State's criminal
courts for the forfeiture of the proceeds of crimes rather than its
civil courts.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under State law, offenders retain the proceeds of their
misdemeanor-level crimes, and in felonies, a district attorney must
sue convicted criminals in civil court under Civil Practice Law and
Rules Article 13-A to obtain such proceeds. In 2008, over $4 million
dollars was seized by police in New York City and returned to the
defendants who were convicted of various misdemeanor offenses,
including trademark counterfeiting and gambling. Thus, the law often
allows a convicted criminal to retain the proceeds of criminal
activity.

This bill would provide a mechanism for criminal forfeiture that
closely mirrors federal law by empowering a judge to order a
forfeiture of the fruits of a crimes at the time of a defendant's
sentencing whether a defendant is sentenced for a felony or
misdemeanor conviction.

Budget Implications:

Currently, funds forfeited under State law are shared as follows after
the payment of restitution to the victim, fines and other costs: the
district attorney's office as the claiming authority receives 27%;
local law enforcement/investigative agency, as the claiming agent
receives 41%; and the State's Chemical Dependence Fund which
supports programs of the Office of Alcoholism and Substance Abuse
Services (OASAS) receives 32%.

Under the revenue sharing formula contained in this bill, the district
attorney's office, as the claiming authority, would receive 35%;
local law enforcement/investigative agency, as the claiming agent,
would receive 40%; and the State General Fund would receive 25%.

OASAS has annually used approximately $5 million in asset forfeiture
funds primarily to support the ongoing provision of chemical
dependence prevention programs through its voluntary provider
network. The 2012-13 Executive Budget holds OASAS harmless by
substituting General Fund support to maintain that level of funding.
This bill is expected to produce a net benefit of $2 million to the
General Fund in 2012-13.

Effective Date:

This bill takes effect immediately.

Part F - Continue provisions relating to the disposition of certain
monies recovered by county district attorneys.

Purpose:
This bill will continue, for another year, the existing formula for
distribution of certain monies recovered by county district attorneys.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill amends Chapter 503 of the Laws of 2009, as amended by Part B
of Chapter 57 of the Laws of 2011, to extend the effective date of
that provision until March 31, 2013. Pursuant to that law, a county
district attorney in New York City may retain a portion of settlement
monies paid before the filing of an accusatory instrument, and the
remaining amount is distributed equally between the State and the
City of New York. The existing statute will expire on March 31, 2012.

During the past four years, the Manhattan District Attorney's Office
has recovered significant monies from pre-indictment settlements
(i.e., pursuant to deferred prosecution agreements). For the past
three years, the State and the City of New York have received equal
distributions from the Manhattan District Attorney's recoveries. This
equal distribution will not be altered by this bill.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. It is necessary to ensure the receipt of revenues that were
anticipated in 2011-12 but which have not yet been received. By
continuing the distribution rules, this bill ensures that there will
be a State share in the event of a recovery in 2012-13 or any
subsequent fiscal year.

Effective Date:

This bill takes effect immediately.

Part G - Improve emergency response and disaster preparedness.

Purpose:
This bill would improve emergency responses under the Intrastate
Mutual Aid Plan and will enable the State to better prepare and
respond to disasters.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Intrastate Mutual Aid Program (IMAP) encourages local governments
to assist each other in responding to emergencies and disasters, by
providing personnel and equipment that may be needed to protect
safety and support recovery efforts.

This bill will clarify the responsibilities and obligations of both
the municipality that is requesting assistance and the responding
municipality. It will: (1) authorize the local emergency management
director to request and accept assistance and deploy resources; (2)
make the requesting local government liable and responsible for costs
for loss of any materials, supplies or equipment, and for salaries of
responders from other municipalities; (3) provide that emergency
response personnel of the assisting local government remain under the
administrative control of their employer, but under the operative
direction and control of officials of the incident management team of
the requesting local government; (4) provide employees of the
assisting local government the same immunities and privileges as if
such duties were performed in their home jurisdiction; (5) provide
that an assisting local government shall be liable for the negligence
of its assisting employees; and (6) provide that employees of an
assisting local government responding to a request for assistance who
sustain injury or death are
entitled to all applicable benefits as if they were responding in
their home jurisdiction (consistent with mutual aid protection
afforded under the General Municipal Law for fire and police).

The bill also amends Article 2-B of the Executive Law to allow better
coordination of disaster response at the State level. It will: (1)
update the composition of the Disaster Preparedness Commission (DPC)
to reflect current agency names and to remove those that no longer
exist; (2) create an operational arm (an "incident management team")
of any temporary organization established by the DPC to coordinate a
disaster response:
(3) delegate some authority to the director of the Office of Emergency
Management to act on behalf of the DPC; and (4) eliminate the
requirement that the Governor seek the advice of the DPC to
temporarily suspend certain provisions of the law that hinder
disaster response and recovery. Finally, the bill will limit local
state of emergency declarations to renewable 30-day periods.

Budget Implications:

The bill will ensure that when local governments assist each other in
responding to emergencies, disasters, and acts of terrorism, they can
do so with a complete understanding of the impact on their employees
and their budgets.

Effective Date:

This bill takes effect immediately.

Part H - Establish a Tier VI retirement benefit for new employees of
the State and local governments.

Purpose:

This bill would establish a Tier VI retirement benefit for new
employees of the State and local governments thereby providing
billions of dollars of fiscal relief to taxpayers, local governments
and the State.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Pension costs are one of the fastest growing expenses for both the
State and local governments. This bill would stabilize local property
taxes and provide significant mandate relief to public employers -
including school districts, counties, cities, towns and villages -
saving billions to taxpayers over time.

The proposed Tier VI for new employees includes fair and equitable
reform by: increasing employee contributions in a progressive fashion
based on salary, raising the retirement age, decreasing the pension
multiplier, excluding overtime and other payments from the
formula used to calculate final average salary for pension allowances,
and by making a defined contribution option available to all employees.

The defined benefit plan component of this reform would:

*Increase the employee contributions to the pension system from 3% to
4%, 5% or 6% depending on salary and further allow for modifications
to employee contributions, within limits, tied to economic conditions;

*Require that an employee be employed for 12 rather than 10 years
before having a vested pension benefit;

*Raise the retirement age for full member benefits from age 62 to age
65 and prohibit early retirements; and

*Decrease the pension multiplier from 2% to 1.67% for each year of
credited service.

A new defined contribution option would be voluntary for new employees
and improve financial planning for public employers. The new option
would:

*Provide a minimum employer contribution of 4% of salary;

*Provide for additional employer contributions of up to 3% of salary
when matched by the employee;

*Limit employer contributions to a maximum of 7% affording public
employers financial stability; and

*Create new portability and vesting features not available with
defined benefit options.

These reforms would save billions of dollars and keep pension costs
affordable for the State and local governments, school districts, and
other public employers by lessening this onerous burden, help drive
down property taxes, reward hardworking government employees and
maintain the fiscal integrity of localities and the State.

The following bill sections would impact members who first become
members of the New York State and Local Employees' Retirement System
(ERS), the New York State and Local Police and Fire Retirement System
(PFRS), the New York State Teachers' Retirement System (TRS), the New
York City Employees' Retirement System (NYCERS), the New York City
Teachers' Retirement System (NYCTRS), the New York City Board of
Education Retirement System (NYCBERS), New York City Police Pension
Fund, the New York City Fire Pension Fund or other optional
retirement systems established under the Education Law, on or after
April 1, 2012:

Section 1 of the bill would amend Retirement and Social Security Law
("RSSL") § 41 so that such members of the ERS or TRS would not be
granted any additional service credit for unused sick leave.

Section 2 of the bill would amend RSSL § 376 so that members of the
PFRS with less than 20 years of service would need at least 12 years
of service before becoming eligible for retirement benefits and need
to reach the age of 65 before receiving the vested
retirement allowance. Tier 6 PFRS members would retain the right to
retire upon the completion of 20 or 25 years of service, regardless
of age.

Section 3 of the bill would amend RSSL § 440 to close Tier 2 to new
investigator members of NYCERS in order to give them modified Tier 3
police/fire benefits.

Sections 4 and 5 of the bill would amend RSSL § 501 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified Tier 3 police/fire benefits. Also, Section 4 would amend
RSSL § 501 (24) so that wages upon which retirement benefits are
based for such members of the ERS and NYCERS would not include
overtime, wages in excess of the annual salary paid to the Governor
pursuant to joint resolution of both houses of the Legislature
($179,000), and lump sum payments for deferred compensation, sick
leave, accumulated vacation time or other credits for time not
worked, as well as any termination pay and any additional
compensation paid in anticipation of retirement, and to exclude
overtime compensation and certain lump sum and terminal leave
payments from pensionable earnings.

Section 6 of the bill would amend RSSL § 502 so that members of the
ERS would need at least 12 years of creditable service before being
eligible for retirement benefits.

Section 7 of the bill would amend RSSL § 503 so that members of the
ERS would need to reach the age of 65 before becoming eligible to
receive the normal service retirement benefit. It would also give new
NYCERS uniformed correction members modified Tier 3 police/fire
service retirement benefits rather than current Tier 3 uniformed
correction
service retirement benefits.

Section 8 of the bill would amend RSSL § 504 so that members of the
ERS, at normal retirement age would receive a pension equal to 1/60
of the final average salary multiplied by years of credited service
(not in excess of 30 years). In addition, the ability to retire prior
to reaching the normal retirement age would be eliminated.

Sections 9, 10 and 11 of the bill would amend RSSL §§ 504-a, 504-b and
504-d, respectively, so that new NYC uniformed correction members
would get the benefits of a modified Tier 3 police/fire plan rather
than the current uniformed correction plans.

Section 12 of the bill would amend RSSL § 505 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified police/fire service retirement benefits.

Section 13 of the bill would amend RSSL § 507 to give new NYC
uniformed correction, uniformed sanitation and investigator members
modified police/fire accident disability retirement benefits.

Sections 14 and 15 of the bill would amend RSSL § 507-a and section 16
would amend RSSL § 507-c to give new NYC uniformed correction members
Tier 3 police/fire disability benefits.

Section 17 of the bill would amend RSSL § 508 to give new NYC
uniformed correction, uniformed sanitation and investigator members
police/fire ordinary death benefits.

Section 18 of the bill would amend RSSL § 510 to give new NYC
uniformed correction, uniformed sanitation and investigator members
who receive a service retirement benefit after 25 years full
escalation of benefits currently applicable to Tier 3 police/fire
members.

Section 19 of the bill would amend RSSL § 511 to give new NYC
uniformed correction members the same coordination with Social
Security benefits that is applicable to current Tier 3 police/fire
members, and which also would be applicable to new NYC uniformed
sanitation and investigator members.

Section 20 of the bill would amend RSSL § 512 so that affected members
would have their final average salary based on the average wages
earned by such member during five consecutive years which provide the
highest average wage. If wages in any one such year exceed the
average of the previous four years by more than 8%, the amount in

excess of 8% would be excluded from the computation of the final
average salary.

Section 21 of the bill would amend RSSL § 513 to make new NYC Tier 3
uniformed correction members ineligible to obtain service credit for
child care leave in order to equate their benefits with Tier 3
police/fire benefits.

Section 22 of the bill would amend RSSL § 513 to prohibit new
police/fire, uniformed correction, uniformed sanitation and
investigator members from receiving service credit for undocumented
sick leave used as terminal leave.

Section 23 of the bill would amend RSSL § 516 so that affected
employees who have 12 or more years of credited service will be
entitled to a "deferred vested benefit" equal to 1/60 of their final
average salary multiplied by years of credited service.

Section 24 of the bill would amend RSSL § 517 so that affected members
of ERS, NYCERS, the New York City Police Pension Fund, and the New
York City Fire Pension Fund would be required to contribute 4%, 5%,
or 6% of annual wages, depending on income levels, as their employee
contribution.

Section 25 of the bill would amend RSSL § 517-c to prohibit new NYC
uniformed correction, uniformed sanitation and investigator members
from borrowing on their member contributions in order to equate their
benefits with Tier 3 police/fire benefits.

Section 26 of the bill would add a new RSSL § 517-d to implement a
variable "risk/reward" system for affected members of ERS, NYCERS,
the New York City Police Pension Fund and the New York City Fire
Pension Fund that would decrease or increase, within limits, tied to
economic conditions.

Section 27 of the bill would amend RSSL § 600 to put new NYC uniformed
sanitation members in Tier 3 in order to give them modified Tier 3
police/fire benefits.

Section 28 of the bill would amend RSSL § 601 so that wages upon which
retirement benefits are based for affected employees would not
include overtime, wages in excess of the annual salary paid to the
Governor, and lump sum payments for deferred compensation, sick
leave, accumulated vacation time or other credits for time not
worked, as well as any termination pay and any additional
compensation paid in anticipation of retirement.

Section 29 of the bill would amend RSSL § 601 to define members who
join the NYCERS, NYCTRS or NYCBERS on or after April 1, 2012 as "New
York City revised plan members".

Section 30 of the bill would amend RSSL § 602 so that affected
employees would need at least 12 years of creditable service before
being eligible for retirement benefits.

Sections 31 of the bill would amend RSSL § 603 (a) so that affected
employees would need to reach the age of 65 before becoming eligible
to receive the normal service retirement benefit.

Section 32 of the bill would amend RSSL § 603 (i) by making conforming
changes and limiting retirement benefits available under Tier 5 to
employees who joined such systems before April 1, 2012.

Section 33 of the bill would amend RSSL § 603 (t) so that members of
the TRS would not be eligible for the early retirement benefit
provided in Ch. 504, L. 2009 to members who retire at age 57 with at
least 30 years of creditable service.

Section 34 of the bill would amend RSSL § 604 by adding a new
subdivision b-1 so that affected employees would be entitled to a
pension equal to 1/60 of their final average salary multiplied by
years of credited service (not in excess of 30 years) plus an
additional retirement allowance equal to 3/200 of the final average
salary for each year of credited service in excess of 30 years.

Sections 35 and 36 of the bill would amend RSSL § 604-b (transit
operating age 55/25-year plan); sections 37 and 38 would amend RSSL
604-c, as added by Chapter 472 of the Laws of 1995 (TBTA 20-year/age
50 plan); sections 41 and 42 would amend RSSL § 604-e, as amended by
Chapter 576 of the Laws of 2000 (dispatchers 25-year plan); sections
43 and 44 would amend RSSL § 604-e, as added by Chapter 577 of the
Laws of 2000 (EMT 25-year plan); sections 45 and 46 would amend RSSL
§ 604-f, as added by Chapter 559 of the Laws of 2001 (deputy sheriff
25-year plan); sections 47 and 48 would amend RSSL § 604-f, as added
by Chapter 582 of the Laws of 2001 (special officers 25-year plan);
sections 49 and 50 would amend RSSL § 604-g (automotive members
25year/age 50 plan); and sections 51 and 52 would amend RSSL § 604-h
(police communications members 25-year plan) to provide 12-year
vesting, payable at age 65,
for new members of such special plans who do not reach the required
service thresholds of their retirement plan. New members with 20 or
25 years of service retain the right to retire with an unreduced
pension benefit, regardless of age. The benefits for all members in
these plans would be calculated using the service fractions
applicable to such plans under current law, and the 5-year final
average salary provisions proposed in this bill. All participants in
such plans would also contribute 4%, 5%, or 6% of salary for all
years of service, depending on salary levels, plus the rates for
additional member contributions established under current law.

Section 39 of the bill would amend RSSL § 604-c, as added by Chapter
96 of the Laws of 1995, to make the age, 55/25-year plan inapplicable
to new members of NYCERS and BERS; section 40 would amend RSSL

604-d to make the age 57/5-year plan inapplicable to new members of
NYCERS and BERS; and section 53 would amend RSSL § 604-i to make the
age 55/27-year plan inapplicable to new members of NYCTRS and BERS.
It is necessary to make new members ineligible for those special
plans so that new non-uniformed members (other than those eligible
for the other special plans discussed above) will have payability of
service retirement and vested benefits at age 65. The only benefit of
such special plans is to permit participants to retire early with an
unreduced benefit.

Section 54 of the bill would amend RSSL § 608 so that affected
employees would have their final average salary based on the average
wages earned during the five consecutive years which provide the
highest average wage. If wages in any one such year exceed the
average of the previous 4 years by more than 8%, the amount in excess
of 8% would be excluded from the computation of the final average
salary.

Section 55 of the bill would amend RSSL § 609 so that affected
employees could obtain credit for previous service in Tier VI by
paying 6% of wages earned for service which predate entry into the
system with interest at the rate of 5% per annum compounded annually.

Section 56 of the bill would amend RSSL § 609 to prohibit new NYCERS
non-uniformed members from receiving service credit for undocumented
sick leave used as terminal leave.

Section 57 of the bill would amend RSSL § 612 so that affected
employees who have 12 or more years of creditable service upon
termination would be entitled to a "deferred vested benefit" after
reaching the age of 65 pursuant to the benefit set forth in new RSSL

Section 58 of the bill would amend RSSL § 613 so that affected members
of ERS, TRS, NYCERS, NYCTERS, and NYCBERS would be required to
contribute 4%, 5%, or 6% of annual wages, depending on income levels,
as their employee contribution. It would also bar affected employees
from withdrawing contributions if they have accrued at least 12 years
of creditable service.

Section 59 of the bill add a new RSSL § 613-c to implement a variable
"risk/reward" system for affected members of ERS, TRS, NYCERS,
NYCTERS, and NYCBERS under which the baseline employee contributions
would decrease or increase, within limits, tied to economic conditions.

Section 60 of the bill would amend RSSL § 650 to make new Triborough
Bridge and Tunnel Authority ("TBTA") members ineligible for early
retirement with immediate payability. This amendment does not affect
the right of new TBTA members to participate in the 20-year/age 50
TBTA plan discussed above.

Sections 61 and 62 of the bill would amend RSSL § 911 to eliminate the
10-year cutoff of basic member contributions for new non-uniformed

members of NYCERS, NYCTRS and BERS, so that such new members would be
required to contribute 4%, 5%, or 6% of salary for all credited
service.

Section 63 of the bill would amend RSSL § 1000 by adding a new
subdivision (10) so that affected employees could obtain credit for
military service by paying into such funds a sum equal to the product
of the number of years of military service being claimed and 6% of
such member's contribution earned during the 12 months of credited
service immediately preceding the date that the member applied for
credit pursuant to this section.

Section 64 of the bill would amend RSSL § 1202 so that such members of
the PFRS would need at least 12 years of creditable service before
being eligible for retirement benefits. Further, the vested
retirement allowance payable without modification could not be less
than the actuarial equivalent of the total of the member's
contributions accumulated with interest at 5% per annum, compounded
annually.

Section 65 of the bill would amend RSSL § 1204 so that PFRS members
would be required to contribute 4%, 5%, or 6% of annual wages,
depending on income level, as their employee contribution. It would
also bar affected employees from withdrawing contributions if they
have accrued at least 12 years of creditable service.

Section 66 of the bill would amend the RSSL by adding a new § 1208 to
implement a variable "risk/reward" system for PFRS members under
which the baseline employee contributions would decrease or increase,
within limits, tied to economic conditions.

Section 67 of the bill would amend the RSSL by adding a new § 1209 so
that such members of the PFRS would have their final average salary
based on 1/5 of the highest total wages during any continuous period
of employment for which the member was credited with 5 years of
service credit. If wages in any one such year exceed the average of
the previous 4 years by more than 8%, the amount in excess of 8%
would be excluded from the computation of the final average salary.
Moreover, any wages in excess of the annual salary paid to the
Governor would be excluded from the computation of final average
salary.

Section 68 of the bill would amend the RSSL by adding a new § 1210 so
that wages upon which retirement benefits are based for such members
of the PFRS would not include overtime, wages in excess of the annual
salary paid to the Governor, and lump sum payments for deferred
compensation, sick leave, accumulated vacation time or other credits
for time not worked, as well as any termination pay and any
additional compensation paid in anticipation of retirement.

Sections 69 and 70 of the bill would amend the RSSL § 23-a and § 323-a
to modify the required employer contribution rate, so that employers
and employees may receive equal financial relief from this bill.

Section 71 of the bill would amend the RSSL by adding a new Article 23
that would create a voluntary defined contribution plan for newly
hired public employees. This voluntary defined contribution plan
would be available to all new State and local government employees.
This plan would provide required employer contributions of 4% of an
employee's salary, provide matching employer contributions of up to
an additional 3%, and afford public employers financial stability by
limiting employer contributions to a maximum of 7%.

Section 72 of the bill would amend the Education Law ("Ed. L.") § 182
so that for such members of the Education Department Optional
Retirement Program (ORP), the State would make contributions at the
rate of 4% of salary earned. For members of the ORP who so elected,
the State would match the contribution of the member in an amount not
exceeding 3% of such member's wages. In addition, employee
contributions would no longer be required, although employees could
elect to contribute up to the amounts authorized in federal law.

Section 73 of the bill would amend Ed. L. § 392 with respect to such
employees who would be eligible for membership in the Optional
Retirement Program established pursuant to Article 8-B of the Ed. L.
("State University Optional Retirement Program"), and would require
the State (with respect to employees of the state university system)
and "electing employers" (with respect to employees of community
colleges) to make contributions at the rate of 4% of salary earned.
For members who so elected, the State would match the contribution of
such member in an amount not exceeding 3% of such member's wages. In
addition, employee contributions would no longer be required,
although employees could elect to contribute up to the amounts
authorized in federal law.

Section 74 of the bill would amend Ed. L. § 6252 with respect to such
employees who would be eligible for membership in the Optional
Retirement Program established pursuant to Article 125-A of the Ed.
L. ("Board of Higher Education Optional Retirement Program"), and
would require the employer with respect to employees of the colleges
administered by the Board of Higher Education of the City of New York
to make contributions at the rate of 4% of salary earned. For members
who so elected, the employer would match the contribution of such
member in an amount not exceeding 3% of such member's wages. In
addition, employee contributions would no longer be
required, although employees could elect to contribute up to the
amounts authorized in federal law.

Sections 75, 76 and 77 of the bill would amend New York City ("NYC")
Administrative Code § 13-101 subdivisions 86, 87 and 89 to make
conforming amendments to permit new uniformed sanitation members, who
will be in Tier 3 under the bill, to pay their member contributions

of a pre-tax basis in accordance with section 414 (h) of the Internal
Revenue Code.

Section 78 of the bill would amend NYC Administrative Code § 13-638.4
(e)(14) to provide a 5-year final average salary for new members of
NYCERS and BERS.

Section 79 of the bill would provide that the benefits conferred by
sections 75, 76 and 77 of the bill, if enacted, are completely
contingent upon the existence of benefits contained in the Internal
Revenue Code.

Section 80 of the bill would provide that members of an employee
organization who are eligible to join a special retirement plan
pursuant to a collectively negotiated agreement with any State or
local employer, would be able to continue to enroll in that special
plan after the enactment of this bill, until the date on which such
agreement terminates. Upon the expiration of such collective
bargaining agreement, not including the period after the expiration
of such agreement in which in its provisions continue to be in
effect, pursuant to Civil Service Law 209-a (1)(e), the full
provisions contained within this bill will take effect. It clarifies
that it may not be construed to permit new NYCERS members to
participate in the current Tier 3 uniformed correction 20-year plans,
the Tier 4 uniformed sanitation 20-year plan, the Tier 2 investigator
member 20-year and 25-year plans, the NYCERS and BERS age 55/25-year
and age 57/5-year plans or the TRS and BERS age 55/27-year plan. It
is necessary to make new NYCERS members ineligible for such plans
because: (1) new uniformed correction members, uniformed sanitation
members and investigator members will be getting Tier 3 police/fire
benefits so that they will not receive greater benefits
than new NYC police officers and firefighters; and (2) new NYCERS
non-uniformed members are to receive "payability" of service
retirement and vested benefits at age 65. It would be inequitable to
charge such employees additional member contributions under the
special plans when they would not be allowed to retire early.

Section 81 of the bill provides that no enhancements, increases, or
changes to the bill's benefit structure shall be authorized.

Section 82 of the bill is the severability clause.

Section 83 of the bill provides for an effective date of April 1, 2012
and would add a proviso to the effective date provisions of that
section so that the provisions of sections 27-a, 27-b and 27-c remain
in force only so long as member contributions picked up under such
sections are not includable as gross income under federal tax law
provisions.

Budget Implications:

The enactment of this bill would result in a significant reduction in
the long-term expected annual employer contribution rate in the ERS
which is 9.4% under Tier 5. The expected annual employer contribution
rate for Tier 4 employees is 11.6%.

This proposal will also cause a similar reduction in the long-term
expected annual employer contribution rate for most employers in the
PFRS which is 14.8%-15.1% under Tier 5. The expected annual
employer contribution rate for employees hired before the enactment
of Tier 5 is 18.5%-19.0%.

For newly hired members of the NYSTRS, the long-term expected cost
will fall significantly below the 8.9% Tier 5 expected rate. The
expected annual employer contribution rate for Tier 4 employees is
11.8%.

This bill would save the State and public employers outside of New
York City more than $83 billion in pension costs over a 30-year
period. Furthermore, New York City would realize additional savings
over a 30-year period.

Effective Date:

This bill takes effect on April 1, 2012, and would apply to
individuals who become members of an impacted retirement system on or
after that date.

Part I - Expand 2010 Medicare Part B reform to include employees and
retirees of public authorities.

Purpose:

This bill would achieve savings in the New York State Health Insurance
Program (NYSHIP) by requiring employees and retirees of certain
public authorities to contribute toward the cost of Medicare Part B
premiums.

Statement in Support, Summary of Provision Existing Law,
and Prior Legislative History:

Enactment of this bill is necessary to reduce spending in NYSHIP in
order to provide fiscal relief to the State.

This bill would incorporate the cost of reimbursing Medicare Part B.
premiums to public authority retirees into the rates paid by
employees and retired employees of public authorities, public benefit
corporations, and other quasi-public organizations of the State. This
extends the provisions of Chapter 56 of the Laws of 2010 which
applied to employees and retirees of State agencies.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. If enacted, it would save the State an estimated $10.5
million annually.

Effective Date:

This bill takes effect April 1, 2012.

Part J - Lapse aged State and local reappropriations.

Purpose:

This bill would require that all reappropriations, with the exception
of reappropriations for capital projects and federal purposes, lapse
five years after the close of the fiscal year in which they were
appropriated.

Statement in Support, Summary of Provisions,
Existing Law, and Prior Legislative History:

This bill would "clean-up" budget legislation to ensure that aged
reappropriations, an abundance of which are no longer relevant or
have cashed-out, are eliminated. The bill would employ sound
budgetary and accounting principles by ensuring that appropriations
are used within a reasonable amount of time or are revisited by
decision-makers to determine their relevance and necessity.

The bill would require that all reappropriations, with the exception
of reappropriations for capital projects and federal purposes, lapse
five years after the date on which the original legislation would
lapse in accordance with State Finance Law § 99-d. This bill would
take effect April 1, 2013, to ensure that State agencies and the
Legislature have sufficient time to manage this change.

Budget Implications:

This bill would not have direct budget implications; however, it is
necessary to enact appropriate reform beginning with the 2012-13
Executive Budget.

Effective Date:

This bill takes effect April 1, 2013.

Part K - Modify the schedule of payments in lieu of taxes (PILOTs)
made to the City of Albany.

Purpose:

This bill would increase PILOTs to the City of Albany by $7.85 million
in FY 2013 and reduce PILOTs by $7.85 million in FY 2033.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Enactment of this bill is necessary to provide fiscal relief to the
City of Albany in FY 2013.

This bill would increase PILOTs to the City of Albany by $7.85 million
in FY 2013 and reduce PILOTs by $7.85 million in FY 2033.

Similar amendments have been made to the PILOT schedule in section
19-A of Public Lands Law:

*Chapter 692 of the Laws of 2002 increased payments in the original
schedule (Chapter 56 of the Laws of 2000) by $5.35 million in FY 2004
and FY 2005 and reduced payments commensurately in FY 2029 and FY 2030.

*Chapter 670 of the Laws of 2004 increased payments by $7 million in
FY 2005 and FY 2006 and reduced payments commensurately in FY 2027
and FY 2028.

*Chapter 63 of the Laws of 2005 increased payments by $6 million in FY
2006 and reduced payments thereafter by $720,000 annually.

*Chapter 56 of the Laws of 2006 increased the total schedule of
payments by adding an additional $6 million in FY 2007.

*Chapter 109 of the Laws of 2006 increased the total schedule of
payments by $233 million. This schedule provided payments to the City
of Albany of nearly $23 million in FY 2008 through FY 2011 and
payments of $15 million in FY 2012 through FY 2033.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. This bill would restore $7.85 million in reduced aid to the
City of Albany in exchange for an out-year reduction in aid. This
bill would cost the State $7.85 million in FY 2013.

Effective Date:

This bill takes effect April 1, 2012.

Part L - Modify outdated Statewide procurement procedures and printing
practices.

Purpose:

This bill would modify outdated and redundant procurement provisions
of the State Finance Law and related statutes. Specifically, it would
amend the definitions of "lowest price" and "best value" for
statewide procurements, authorize the Office of General Services
(OGS) to designate any contract as a centralized contract, expand

contract "piggyback" rights for local governments and non-profit
organizations, exempt centralized contracts from the Office of the
State Comptroller (OSC) pre-audit, and categorize electronic
information as a commodity. In addition, this bill would amend the
State Printing and Public Documents Law so that printing could be
treated as a service or a commodity and to otherwise modernize that
law.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Sections 1 and 2 of the bill would amend the definitions of "best
value" and "lowest price" with respect to procurement of commodities
and services through centralized contracts. This amendment would help
ensure that contracts are awarded to the best vendor for the State.
In addition, section two would permit the State, for evaluation
purposes, to add a quantitative factor for small businesses or
certified minority or women-owned businesses applying for State
business.

Sections 3 through 6 of the bill would authorize commodities
procurement on the basis of best value when in the discretion of the
Commissioner of OGS (Commissioner), such procurement would be less
costly to the State. Together, sections three through six would
expand the use of State centralized contracts by allowing additional
piggybacking rights to local governments, non-profit organizations
and other authorized users. This proposed amendment should lead to
increased use of centralized contracts for various services and
commodities, in turn reducing costs of procurement for authorized
users.

Sections 7 through 9 of the bill would authorize the Commissioner,
upon his or her determination, or at the request of an agency, to use
a centralized contract to procure a service, and would set the rules
of priority for purchasing such service. Section eight allows the
procurement of services on the basis of low price in cases where the
Commissioner determines such procurement would be less costly to the
State. Together, sections seven through nine would also authorize OGS
to designate any agency contract a centralized contract, helping
multiple state agencies and local governments to save money by
granting them access to what are generally the best contracts in the
State.

Section 10 of the bill would amend State Finance Law (SFL) §163 to
empower State agencies to accept bids for commodity and service
contracts electronically.

Section 11 of the bill would increase from $15,000 to $50,000, the
dollar amount of procurement at and above which public notice is
required. This is consistent with other current procurement statutes.

Section 12 of the bill would exempt centralized contracts, purchase
orders, and other procurement transactions let by OGS from OSC
pre-audit prior to contract finalization. This would create an
incentive for agencies to utilize centralized contracts as a way to
maximize savings. New York is one of only two States that requires a
pre-audit of the procurement record on a contract before it can be
deemed final.

Sections 13 through 24 of the bill would redefine printing as a State
service, give OGS the ability to negotiate a competitive, centralized
contract for printing on behalf of all State agencies, allow
contracts to be awarded based on best value or lowest price, and set
the contract amounts at and above which competitive bidding will be
required. The current State Printing and Public Documents Law is
anachronistic and has been subject to only minimal revision since 1917.

Sections 25 and 26 of the bill would expand the definition of a
commodity to include electronic information resources. Public
libraries and State universities have encountered barriers when
purchasing electronic information resources (e.g., electronic
database subscriptions) for academic purposes because electronic
information is currently defined as a "service". As most academic
research and information is in electronic form, it is in the best
interest of the State to redefine "commodity" to include electronic
information resources. This will help achieve savings in State
purchasing while at the same time supporting the State's academic and
library organizations.

Section 27 of the bill would add new definitions to the SFL for
"authorized user" and "non-state agency purchaser."

Section 28 of the bill would amend the SFL by making permanent the
Procurement Stewardship Act of 1995, which is set to expire on June
30, 2012. SFL § 163, which sets forth technical and procedural
requirements with respect to State agency procurement of commodities
and services, would remain in full force and effect.

Section 29 of the bill is the effective date.

Budget Implications:

Enactment of this bill is necessary to implement the Executive Budget
in the 2012-13 fiscal year and achieve required savings. Such savings
will be realized in future procurements, contract development,
negotiations and management.

Effective Date:

This bill takes effect immediately.

Part M - Make various reforms to the Civil Service Law to provide
increased flexibility with respect to hiring and transferring State
employees.

Purpose:

This bill would enable the Department of Civil Service ("Civil
Service") to authorize the appointment of highly skilled information
technology, professional, scientific, technical or other employees
with specialized skills into the State workforce. It would also
provide increased flexibility with respect to hiring, transferring or
re-deploying employees to meet agency missions more effectively.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Section 1 of the bill would create a new Civil Service Law ("CSL")
66 allowing Civil Service to authorize five-year term appointments
without examination for positions that require special expertise or
qualifications to professional, scientific, technical, information
technology or other employees with specialized skills. The
appointments would be used when it is deemed impracticable to hold a
skills-based examination because of the type of services to be
rendered or the uniqueness of such services needed. The period for
such appointments would be no longer than sixty months, and the
maximum number of persons in such appointments could not exceed five
hundred at any one time.

Sections 2 through 3 of the bill set forth a procedure for certifying
a new type of promotion list, titled "open promotion", using existing
active "open competitive" and "promotion" lists. This would enable
the State to expand the diversity of its workforce, create more
opportunities for existing State employees, increase its ability to
attract highly skilled outside talent and give the State increased
flexibility to manage its workforce more effectively and efficiently.

Section 4 of the bill would allow agencies to utilize other State
agency "interdepartmental promotion" eligible lists for a specific
position in cases where it is in the best interests of State service,
irrespective of whether the hiring agency's existing
interdepartmental list is exhausted.

Section 5 of the bill would permit non-competitive State employees to
participate in competitive promotional exams. Allowing more employees
into opportunistic exams would increase flexibility in the management
of the State workforce.

Sections 6 through 8 of the bill would make it possible for
non-competitive State employees to transfer into competitive
positions, with the approval of Civil Service, provided the employees
meet minimum qualifications. This will increase flexibility in the

management of the State's workforce and help ensure that agencies can
obtain the "right" employee for the job.

Section 9 of the bill would amend CSL § 70 to authorize agencies to
transfer State employees upon a merger or consolidation, and allow
the reclassification of the employees, without further examination or
qualification, in order to align them with the new department or
agency. In addition, transferred employees on an existing promotion
list would be added to the promotion eligible list of the new
department or agency, as Civil Service deems appropriate.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget. Savings will be realized through the increased
flexibility afforded to Civil Service and State agencies as this will
allow them to manage their workforce more efficiently and effectively.

Effective Date:

This bill takes effect immediately except section one which shall be
deemed to have taken effect on December 31, 2011. A previous version
of section one of the Civil Service Law was repealed as of December
31, 2011, and this new section must be retroactively enacted to
ensure continued authorization.

Part N - Authorize transfers, temporary loans, repeal of the Community
Projects Fund and amendments to miscellaneous capital/debt
provisions, including bond caps.

Purpose:

This bill would provide the statutory authorization necessary for the
administration of funds and accounts included in the fiscal year
2012-13 Executive Budget, and propose certain modifications to
improve the State's General Fund position within the upcoming fiscal
year. Specifically, it would: (1) authorize temporary loans and the
deposits of certain revenues to specific funds and accounts, (2)
authorize the transfers and deposits of funds to and across various
accounts, (3) extend various provisions of Chapter 56 of the Laws of
2011 in relation to capital projects and certain certifications, (4)
authorize modifications to various debt provisions, and (5) modify
various bond authorizations necessary to implement the budget.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Section 1 of this bill would authorize the Comptroller to make
temporary loans to specific State funds and accounts during fiscal
year 2012-13.

Section 1-a of this bill would authorize the Comptroller to make
temporary loans to accounts within specific Federal funds during
fiscal year 2012-13.

Sections 2 and 3 of this bill would authorize the Comptroller to make
transfers between designated funds and accounts.

Section 4 of this bill would authorize the Dormitory Authority of the
State of New York (DASNY) to transfer $7 million to the health care
reform act (HCRA) Resources Fund -HCRA Resources Account.

Section 5 of this bill would authorize the Comptroller to deposit
funds into the Banking Services Account.

Section 6 of this bill would authorize the Dormitory Authority of the
State of New York (DASNY) to transfer $22 million to the State
University of New York for bondable equipment costs, which in turn
would be re-paid to the State General Fund.

Section 6-a of this bill would authorize the State University to
transfer up to $16 million to the General Fund for debt service costs
related to capital project costs for the NY-SUNY 2020 Challenge Grant
program.

Section 7 of this bill would authorize the State University Chancellor
to transfer the estimated tuition revenue balances from the State
University Collection Fund to the State University Fund, State
University Revenue Offset Account.

Section 8 of this bill would authorize the Comptroller, at the request
of the State University Chancellor, to transfer up to $60 million
from the State University Income Fund, State University Hospitals
Income Reimbursement Account.

Section 9 of this bill would authorize the Comptroller, at the request
of the Director of the Budget, to transfer $968 million from the
General Fund to the State University Income Fund, State University
General Revenue Offset Account.

Section 10 of this bill would authorize the Comptroller, at the
request of the State University Chancellor or her designee, to
transfer up to $50 million from the State University Income Fund,
State University Hospitals Income Reimbursable Account, for Hospital
Income Reimbursable for services and expenses of hospital operations
and capital expenditures at the State University Hospitals, and the
State University Income Fund,, Long Island Veterans' Home Account, to
the State University Capital Projects Fund.

Section 11 of this bill would authorize the Comptroller to transfer
monies from the State University Collection Fund, Stony Brook
Hospital Collection Account, Brooklyn Hospital Collection Account,
and Syracuse Hospital Collection Account, to the State University

Income Fund, State University Hospitals Income Reimbursable Account,
in amounts sufficient to permit the full transfer of moneys
authorized for transfer to the General Fund for SUNY Hospitals debt
service.

Section 12 of this bill would authorize the Comptroller to make
transfers between the Miscellaneous Special Revenue Fund, the Patient
Income Account, the Miscellaneous Special Revenue Fund, the Mental
Hygiene Program Fund Account, or the General Fund in any combination,
up to $350 million.

Section 13 of this bill would authorize the Comptroller to transfer
the unencumbered balance of any Special Revenue Fund to the General
Fund, up to $500 million.

Section 14 of this bill would authorize the transfer of $65 million
from the Power Authority of the State of New York (NYPA) to the
credit of the General Fund, in an amount not less than $25 million by
June 30, 2012, with the remainder, up to $40 million, by January 31,
2013.

Section 15 of this bill would authorize a public benefit corporation
to make voluntary contributions to the General Fund or any other
public benefit corporation at any time from available public benefit
corporation funds in such amounts as deemed to be feasible and
advisable by such public benefit corporation's governing board after
due consideration of the public benefit corporation's legal and
financial obligations.

Section 16 of this bill would amend State Finance Law (SFL) §97-rrr to
allow the State Comptroller to make deposits in the School Tax Relief
Fund in fiscal year 2012-13, and each fiscal year thereafter.

Section 16-a of this bill would repeal the existing School Tax Relief
Fund deposit authorization, which provided limitations to deposits by
amount and by fiscal year, as it is replaced by Section 16 of this
bill.

Section 17 of this bill would authorize the Comptroller to deposit
reimbursements for certain capital spending from appropriations into
the correctional facilities capital improvement fund by a chapter of
the laws of 2012.

Section 18 of this bill would amend SFL §4(6) to authorize the
Comptroller to receive for deposit moneys to funds and accounts as
identified by the Director of the Budget.

Section 18-a of this bill would authorize and direct the Comptroller
to abolish or consolidate certain funds with the General Fund. These
funds/accounts are no longer active and are recommended for abolition
by the State Comptroller.

Section 18-b of this bill would repeal the sections of State Finance
Law that created the funds and/or accounts abolished by Section 18-a
of this bill.

Section 18-c of this bill would repeal the sections of the Education
Law that created the funds and/or accounts abolished by Section 18-a
of this bill.

Section 18-d of this bill would repeal the section of the Public
Authorities Law that created the fund abolished by Section 18-a of
this bill.

Section 18-e of this bill would repeal the section of the Private
Housing Finance Law that created the fund abolished by Section 18-a
of this bill.

Section 18-f of this bill would repeal Section 12 of Chapter 1040 of
the Laws of 1981 and Chapter 50 of the Laws of 1993, which created
certain funds abolished by Section 18-a of this bill.

Section 19 of this bill would amend SFL §40(4) to permit payment of
prior years' liabilities.

Sections 20 through 33 of this bill would authorize the Comptroller to
deposit reimbursements for certain capital spending from multiple
appropriations contained in various chapters of the laws of 2002
through 2012 into various funds, including the Capital Projects Fund.

Section 34 would continue the authorization to use excess debt service
appropriation for Mental Hygiene facilities to make rebates necessary
to protect the tax-exempt status of the bonds.

Section 35 would continue authorizations for disbursements for
hazardous waste site remediation projects.

Section 36 of this bill would amend SFL §68-a(2) to extend the
authorization to issue mental health bonds under the PIT credit
structure.

Section 36-a of this bill would amend SFL §73 to authorize the
Comptroller to deposit any federal interest subsidy payments received
for Build America Bonds (BABs) or Qualified School Construction Bonds
(QSCBs) to their respective debt service funds. This would ensure
that Federal interest subsidy payments received by the State for
QSCBs are accounted for consistent with interest subsidies for BABs.

Section 37 of this bill would amend SFL §72(4) to make permanent the
authority to set-aside monies in the General Debt Service Fund in
advance of payments, to ensure scheduled debt service payments on
State general obligation and service contract bonds are made on time
and in full.

Section 38 of this bill would increase the bond cap for financing
environmental infrastructure projects from $916 million to $1.119
billion.

Section 39 of this bill would increase the bond cap for financing of
capital projects for the Division of Military and Naval Affairs from
$21 million to $24 million.

Section 40 of this bill would increase the bond cap for financing
correctional facilities from $6.490 billion to $6.817 billion.

Section 41 of this bill would increase the bond cap for financing
housing programs from $2.636 billion to $2.741 billion.

Section 42 of this bill would increase the bond cap for financing
local highway projects from $6.695 billion to $7.106 billion.

Section 43 of this bill would increases the bond cap for financing
certain economic development projects from $180.6 million to $715.6
million.

Section 44 of this bill would decrease the bond cap for courthouse
improvements and training facilities from $85.9 million to $76.1
million.

Sections 45, 45-a and 45-b of this bill would make certain technical
changes relating to the effective date of the cultural educational
facilities bond cap.

Section 46 of this bill would authorize a new $770 million bond cap
for financing MTA transportation facilities.

Section 47 of this bill would amend the Metropolitan Transportation
Authority's (MTA) existing service contract bond authorization to
make it consistent with other bond caps, clarifying that no further
bonds may be issued against it except to refinance existing debt.

Section 48 of this bill would authorize a new $15 million bond cap for
financing Peace Bridge projects.

Section 49 of this bill would increase the NY-SUNY 2020 bond cap from
$80 million to $110 million.

Section 50 of this bill would increase the bond cap for library
facilities from $84 million to $98 million.

Section 51 of this bill would increase the bond cap for SUNY upstate
community colleges from $536 million to $623 million.

Section 52 of this bill would increase the bond cap for SUNY
educational facilities from $10.089 billion to $10.304 billion.

Section 53 of this bill would make it effective immediately, deemed in
full force and effect on and after April 1, 2012, provided further
that sections one through seven, sections ten through fifteen, and
section seventeen would expire March 31, 2013.

This bill is necessary to execute a balanced Financial Plan in
accordance with the 2012- 13 Executive Budget. Similar legislation is
enacted annually to authorize the transfer of
funds budgeted in the financial plan (such transfers do not have
permanent statutory authorization), and to provide for other
transactions necessary to maintain a balanced financial plan.

In addition, the SFL requires statutory authorization for funds and
accounts to receive temporary loans from the State Treasury. Similar
provisions were enacted to implement the fiscal year 2011-12 Budget,
and they must be extended to implement the fiscal year 2012-13 Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. Similar legislation is enacted annually to authorize the
transfer of funds budgeted in the financial plan, and to provide for
other transactions, including temporary loans from the State Treasury
for cash flow purposes. This bill is also necessary to reimburse
projected Capital Projects Fund spending with the proceeds of bonds
sold by public authorities, to ensure the continued borrowing
necessary for certain State-supported debt issuances to implement the
budget, and to permit the State to carry out basic administrative
functions.

Effective Date:

This bill takes effect immediately and would be deemed in full force
and effect on and after April 1, 2012.

Part O - Rename the Office for Technology as the Office of Information
Technology Services.

Purpose:
This bill would change the name of the Office for Technology (OFT) to
the Office of Information Technology Services.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Since its inception, the responsibilities of OFT have shifted from
policy and advisory to a more operational, service-oriented role.
This bill would amend the State Technology Law, among others, to
change the name of OFT to the Office of Information Technology
Services to represent the transformation of OFT into a full-service
agency.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it would support the transformation of OFT into a statewide
service center which will drive down overall State technology costs.

Effective Date:
This bill takes effect on the sixtieth day after enactment.

Part P - Accelerate Aid and Incentives for municipalities funding for
the City of Rochester.

Purpose:

This bill would accelerate Aid and Incentives for Municipalities (AIM)
funding for the City of Rochester beginning in State fiscal year
2013-14.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would provide the City of Rochester with up to an additional
$28 million in AIM funding for its 2012-13 local fiscal year.

Budget Implications:

There is no State fiscal impact from this bill as payments associated
with this bill remain within the State's 2013-14 fiscal year.

Effective Date:

This bill takes effect immediately.

Part Q - Pay the MTA for costs associated with promoting access to
employment through reimbursements for E-ZPass tolls paid by residents
of Broad Channel and the Rockaway Peninsula that travel over the
Cross Bay Veterans Memorial Bridge.

Purpose:

This bill would provide that the State pay to the Metropolitan
Transportation Authority (MTA) the costs associated with the
establishment and implementation of a rebate program for E-ZPass
tolls paid by the residents of Broad Channel and the Rockaway
Peninsula, for travel over the Cross Bay Veterans Memorial Bridge.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Notwithstanding any other law to the contrary, for the purpose of
promoting access to employment, the State shall pay to the MTA the
costs associated with establishment and implementation by the

metropolitan transportation authority of a rebate program for E-
ZPass tolls paid by the residents of Broad Channel and the Rockaway
Peninsula who live within zip codes 11691, 11692, 11693, 11694,
11695, and 11697, for travel over the Cross Bay Veterans Memorial
Bridge.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it promotes access to employment for residents of
Broad Channel and the Rockaway Peninsula.

Effective Date:

This bill takes effect immediately.
The provision of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

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

    S. 6255                                                  A. 9055

                      S E N A T E - A S S E M B L Y

                            January 17, 2012
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  to  amend  the executive law, in relation to the DNA testing of
  certain offenders convicted of a crime (Part  A);  to  repeal  section
  396-ff  of the general business law, relating to the pistol and revol-
  ver ballistic identification databank (Part B); to amend  the  vehicle
  and  traffic law, in relation to the administration of traffic infrac-
  tions (Part C); to amend the penal law, the correction  law,  and  the
  criminal  procedure  law,  in  relation  to  terms  of  probation  and
  probation detainer warrants (Part D); to  amend  the  penal  law,  the
  civil  practice  law  and  rules  and  the  criminal procedure law, in
  relation to the seizure and  forfeiture  of  proceeds  of  felony  and
  misdemeanor crimes (Part E); to amend chapter 503 of the laws of 2009,
  relating  to  the  disposition  of monies recovered by county district
  attorneys before the filing of an accusatory instrument,  in  relation
  to  the effectiveness thereof (Part F); to amend the executive law, in
  relation to disaster preparedness (Part G); to  amend  the  retirement
  and social security law, the education law and the administrative code
  of  the  city of New York, in relation to persons joining the New York
  state and local employees' retirement system, the New York  state  and
  local  police and fire retirement system, the New York state teachers'
  retirement system, the New York city employees' retirement system, the
  New York city teachers' retirement system, the New York city board  of
  education retirement system, the New York city police pension fund, or
  the  New  York  city fire pension fund on or after April 1, 2012 (Part
  H); to amend the civil service law, in relation to  the  reimbursement
  of medicare premium charges for employees and retired employees of the
  state,  public  authorities,  public  benefit  corporations  or  other
  quasi-public organizations of the state (Part I); to amend  the  state
  finance  law,  in relation to reappropriation bills (Part J); to amend
  the public lands, in relation to state aid on certain state leased  or
  state-owned land (Part K); to amend the state finance law, in relation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12670-01-2

S. 6255                             2                            A. 9055

  to  the exemption of centralized contracts from audit prior to finali-
  zation, the ability to designate an agency  contract  as  a  statewide
  contract, the expansion of state contract rights for local governments
  and  non-profit  organizations,  amending the definition of best value
  and lowest price for procurement and in relation to  modifications  of
  contracts by not-for-profit corporations; to amend the general munici-
  pal  law,  in  relation  to  expanding  contract  use rights for local
  governments; to amend the New York state printing and public documents
  law, the state finance law, the not-for-profit  corporation  law,  the
  education  law  and  the  general  municipal  law,  in relation to the
  procurement of department printing; to amend chapter 741 of  the  laws
  of  1985  relating  to  authorizing  certain organizations to purchase
  commodities under  contracts  let  by  the  state  office  of  general
  services,  in  relation  to  purchases by charitable organizations; to
  amend chapter 83 of the laws of 1995 amending the  state  finance  law
  and  other laws relating to bonds, notes, and revenues, in relation to
  the  effectiveness  of  certain  provisions  thereof;  and  to  repeal
  sections  6  and 7 of the New York state printing and public documents
  law, relating to department printing (Part  L);  to  amend  the  civil
  service  law,  in  relation  to  authorizing term appointments without
  examination for  certain  information  technology  positions;  filling
  vacancies  by  open competitive or upon promotion examination; certif-
  ication of eligible lists from an open promotion examination;  depart-
  mental  and  interdepartmental  promotion lists; promotion examination
  opportunities  for  employees  in  non-competitive  or  labor   class;
  promotion  and  transfer  to  administrative  positions  in  the state
  service; transfer of employees  in  the  non-competitive  class  where
  possession of credentials, licenses or certifications is required; and
  transfer  of  personnel  upon consolidation or merge of departments or
  agencies (Part M); to provide for the administration of certain  funds
  and  accounts  related  to  the  2012-13  budget;  authorizing certain
  payments and transfers; to amend the state finance law, in relation to
  school tax relief fund; to amend the state finance law, in relation to
  issuance  of  certificates  of  participation,  variable  rate  bonds,
  payments,  transfers  and  deposits of funds and investment of general
  funds, bond proceeds, and other funds  not  immediately  required;  to
  amend  the  public authorities law, in relation to state environmental
  infrastructure projects; to amend chapter 61  of  the  laws  of  2005,
  relating  to  providing  for  the  administration of certain funds and
  accounts related to the 2005-2006 budget, in relation to the  Division
  of  Military  and Naval Affairs Capital Projects; to amend chapter 389
  of the laws of 1997, relating to the  financing  of  the  correctional
  facilities  improvement  fund and the youth facility improvement fund,
  in relation to the issuance of bonds; to  amend  the  private  housing
  finance  law, in relation to housing program bonds and notes; to amend
  chapter 329 of the laws of 1991, amending the state  finance  law  and
  other  laws relating to the establishment of the dedicated highway and
  bridge trust fund, in relation to the issuance of bonds; to amend  the
  public  authorities  law,  in  relation to courthouse improvements and
  training facilities, metropolitan transportation authority facilities,
  peace bridge projects and issuance of bonds by the dormitory  authori-
  ty;  to amend the New York state urban development corporation act, in
  relation to funding project costs for the state university of New York
  college for nanoscale and science engineering  and  the  NY-SUNY  2020
  challenge  grant  program;  to  amend  chapter 57 of the laws of 2008,
  relating to providing for the  administration  of  certain  funds  and

S. 6255                             3                            A. 9055

  accounts  related  to  the 2008-2009 budget, in relation to the effec-
  tiveness thereof; to amend chapter 56 of the laws of 2009, relating to
  providing for the administration of certain funds and accounts related
  to  the  2009-10  budget, in relation to the effectiveness thereof; to
  amend chapter 56 of the laws of 2010, relating to  providing  for  the
  administration  of  certain  funds and accounts related to the 2009-10
  budget, in relation to the effectiveness thereof; to amend chapter  61
  of  the  laws of 2000, amending the public authorities law relating to
  the metropolitan transportation authority, the New York  city  transit
  authority, and the Triborough bridge and tunnel authority, in relation
  to  authorizations  to issue bonds and notes; to repeal sections 90-b,
  91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c, 94-d, 96, 97-n, 97-o, 97-cc,
  97-ff, 97-ss, 97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g and  99-i
  of  the state finance law relating thereto; to repeal subdivision 5 of
  section 233-a and subdivision 3-a of section 378 of the education  law
  relating  thereto;  to repeal paragraph f of subdivision 31 of section
  1680 of the public authorities law relating to the  reserve  funds  of
  private not-for-profit schools established with the dormitory authori-
  ty; to repeal section 1022 of the private housing finance law relating
  to  the rural housing assistance fund; to repeal section 12 of chapter
  1040 of the laws of 1981 relating to penalties for violations  of  the
  lobbying  act;  to  repeal  chapter 50 of the laws of 1993 relating to
  making appropriations for the support of government; and providing for
  the repeal of certain provisions upon expiration thereof (Part N);  to
  amend  the  state technology law, the civil service law, the executive
  law, the state finance law, the  tax  law,  and  the  county  law,  in
  relation  to renaming the office for technology the office of informa-
  tion technology services (Part O); to amend the state finance law,  in
  relation  to  aid and incentive to municipalities (Part P); and to pay
  the metropolitan transportation authority the  costs  associated  with
  reimbursements  for E-ZPass tolls paid by the residents of Broad Chan-
  nel and the Rockaway Peninsula for travel over the Cross Bay  Veterans
  Memorial Bridge (Part Q)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through Q. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Subdivision 7 of section  995  of  the  executive  law,  as
amended  by  chapter  2 of the laws of 2006, paragraph (a) as separately
amended by chapter 320 of the laws of 2006 and paragraph (f) as  amended
by chapter 405 of the laws of 2010, is amended to read as follows:

S. 6255                             4                            A. 9055

  7.  "Designated  offender"  means a person convicted of [and sentenced
for any one or more of the following provisions of  the  penal  law  (a)
sections  120.05,  120.10,  and  120.11,  relating  to assault; sections
125.15 through 125.27 relating to  homicide;  sections  130.25,  130.30,
130.35,  130.40,  130.45, 130.50, 130.65, 130.67 and 130.70, relating to
sex offenses; sections 205.10, 205.15, 205.17 and  205.19,  relating  to
escape  and other offenses, where the offender has been convicted within
the previous five years of one of the other felonies specified  in  this
subdivision;  or sections 255.25, 255.26 and 255.27, relating to incest,
a violent felony offense as defined in subdivision one of section  70.02
of  the  penal  law, attempted murder in the first degree, as defined in
section 110.00 and section 125.27 of the penal law,  kidnapping  in  the
first  degree,  as  defined in section 135.25 of the penal law, arson in
the first degree, as  defined  in  section  150.20  of  the  penal  law,
burglary  in the third degree, as defined in section 140.20 of the penal
law, attempted burglary in the  third  degree,  as  defined  in  section
110.00  and section 140.20 of the penal law, a felony defined in article
four hundred ninety of the  penal  law  relating  to  terrorism  or  any
attempt to commit an offense defined in such article relating to terror-
ism  which  is  a  felony;  or  (b)  criminal possession of a controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as defined in section 220.18 of  the  penal  law;  criminal  sale  of  a
controlled  substance,  as  defined  in article 220 of the penal law; or
grand larceny in the fourth degree, as defined in  subdivision  five  of
section  155.30  of  the  penal  law;  or  (c) any misdemeanor or felony
defined as a sex offense or sexually violent offense pursuant  to  para-
graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
three of section one hundred sixty-eight-a of the correction law; or (d)
any  of the following felonies, or an attempt thereof where such attempt
is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  criminally negligent homicide, as defined in section 125.10
of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
defined  in  section  125.12 of the penal law; vehicular manslaughter in
the first degree, as  defined  in  section  125.13  of  the  penal  law;
persistent  sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth  degree,  as  defined  in  section
130.65-a  of  the  penal  law;  female genital mutilation, as defined in
section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
controlled  substance,  as  defined  in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section  135.10
of the penal law; custodial interference in the first degree, as defined
in  section  135.50  of  the  penal  law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal  tamper-
ing  in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first  degree,  as  defined  in
section  145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law;  identity  theft  in  the
first  degree,  as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section  205.25  of

S. 6255                             5                            A. 9055

the  penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering  with  a  witness  in  the
second  degree, as defined in section 215.12 of the penal law; tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
first  degree,  as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30  of  the
penal  law;  promoting  prostitution  in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined  in
section  230.33  of  the  penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of  the  penal
law;  disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the  penal  law;  unlawful
surveillance  in  the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the  first  degree,  as  defined  in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first  degree,  as  defined in section 260.34 of the penal law; use of a
child in a sexual performance, as defined in section 263.05 of the penal
law; promoting an obscene sexual performance by a child, as  defined  in
section  263.10  of the penal law; possessing an obscene sexual perform-
ance by a child, as defined in section 263.11 of the penal law;  promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal  law;  possessing  a  sexual performance by a child, as defined in
section 263.16 of the penal law; criminal possession of a weapon in  the
third  degree,  as  defined in section 265.02 of the penal law; criminal
sale of a firearm in the third degree, as defined in section  265.11  of
the  penal  law;  criminal  sale  of a firearm to a minor, as defined in
section 265.16 of the penal law; unlawful wearing of  a  body  vest,  as
defined  in  section  270.20 of the penal law; hate crimes as defined in
section 485.05 of the penal law; and crime of terrorism, as  defined  in
section  490.25  of  the penal law; or (e) a felony defined in the penal
law or an attempt thereof where such attempt is a felony; or (f) any  of
the  following  misdemeanors:  assault in the third degree as defined in
section 120.00 of the penal law; attempted  aggravated  assault  upon  a
person  less  than  eleven  years  old, as defined in section 110.00 and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing in the second degree as defined in section 120.14 of the penal  law;
menacing  in  the third degree as defined in section 120.15 of the penal
law; reckless endangerment in the second degree as  defined  in  section
120.20  of  the  penal  law; stalking in the fourth degree as defined in
section 120.45 of the penal law; stalking in the third degree as defined
in section 120.50 of the penal law; attempted  stalking  in  the  second
degree,  as  defined  in  section 110.00 and section 120.55 of the penal
law; criminal obstruction of breathing or blood circulation  as  defined

S. 6255                             6                            A. 9055

in  section  121.11  of  the  penal law; forcible touching as defined in
section 130.52 of the penal law regardless of the  age  of  the  victim;
sexual  abuse  in  the  third degree as defined in section 130.55 of the
penal  law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law  regard-
less  of  the  age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and  section  135.10  of  the
penal  law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law;  possession
of  burglar's tools as defined in section 140.35 of the penal law; petit
larceny as defined in section 155.25 of the penal law;  endangering  the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering  the  welfare  of an incompetent or physically disabled person as
defined in section 260.25 of the penal law] ANY FELONY  DEFINED  IN  ANY
CHAPTER OF THE LAWS OF THE STATE OR ANY MISDEMEANOR DEFINED IN THE PENAL
LAW.
  S  2.  Subdivision 3 of section 995-c of the executive law, as amended
by chapter 576 of the laws of 2004, is amended to read as follows:
  3. (A) Any designated offender subsequent to conviction and sentencing
for a crime specified in subdivision seven of section nine hundred nine-
ty-five of this article, shall be required to provide a sample appropri-
ate for DNA testing to determine identification characteristics specific
to such person and to be included in a state  DNA  identification  index
pursuant to this article.
  (B)  (I)  IN  THE  CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A
TERM OF IMPRISONMENT, SUCH SAMPLE SHALL BE COLLECTED BY THE PUBLIC SERV-
ANT TO WHOSE CUSTODY THE DESIGNATED OFFENDER HAS BEEN COMMITTED.
  (II) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO  A  TERM
OF  PROBATION,  INCLUDING A SENTENCE OF PROBATION IMPOSED IN CONJUNCTION
WITH A SENTENCE OF IMPRISONMENT WHEN  A  SAMPLE  HAS  NOT  ALREADY  BEEN
TAKEN, SUCH SAMPLE SHALL BE COLLECTED BY THE PROBATION DEPARTMENT SUPER-
VISING THE DESIGNATED OFFENDER.
  (III)  IN  THE  CASE  OF A DESIGNATED OFFENDER WHOSE SENTENCE DOES NOT
INCLUDE EITHER A TERM OF IMPRISONMENT OR A TERM OF PROBATION, THE  COURT
SHALL  ORDER  THAT  THE  DESIGNATED  OFFENDER REPORT TO AN OFFICE OF THE
SHERIFF OF THAT COUNTY, AND WHEN THE DESIGNATED OFFENDER DOES  SO,  SUCH
SAMPLE SHALL BE COLLECTED BY THE SHERIFF'S OFFICE.
  (IV)  NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE COLLECTION OF A DNA
SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR  LOCAL
CORRECTION  OFFICIAL  OR  EMPLOYEE,  PROBATION  OFFICER, PAROLE OFFICER,
POLICE OFFICER, PEACE OFFICER, OR OTHER  PUBLIC  SERVANT  WHO  HAS  BEEN
NOTIFIED  BY  THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT SUCH DESIG-
NATED OFFENDER HAS NOT PROVIDED A DNA SAMPLE. UPON NOTIFICATION  BY  THE
DIVISION OF CRIMINAL JUSTICE SERVICES THAT A DESIGNATED OFFENDER HAS NOT
PROVIDED  A  DNA  SAMPLE, SUCH COURT OFFICIAL, STATE OR LOCAL CORRECTION
OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, POLICE OFFICER,
PEACE OFFICER OR OTHER PUBLIC SERVANT SHALL COLLECT THE DNA SAMPLE.
  S 3. This act shall take effect October 1,  2012;  provided,  however,
that the amendments to subdivision 7 of section 995 of the executive law
made  by section one of this act shall apply to conviction of designated
offenses on or after such effective date.

                                 PART B

  Section 1. Section 396-ff of the general business law is REPEALED.
  S 2. This act shall take effect immediately.

S. 6255                             7                            A. 9055

                                 PART C

  Section  1. Section 1806 of the vehicle and traffic law, as amended by
section 1 of part TT of chapter 56 of the laws of 2009,  is  amended  to
read as follows:
  S 1806. Plea  of  not  guilty  by  a  defendant charged with a traffic
infraction. In addition to appearing personally to enter a plea  of  not
guilty to a violation of any provision of the tax law or the transporta-
tion  law  regulating  traffic,  or  to  a  traffic  infraction  for the
violation of any of the provisions of the vehicle and traffic law or  of
any  local  law,  ordinance,  order,  rule or regulation relating to the
operation of motor vehicles or motorcycles, a defendant may enter a plea
of not guilty by mailing to the court of  appropriate  jurisdiction  the
ticket  making  the  charge and a signed statement indicating such plea.
Such plea must be sent: (a) by  registered  or  certified  mail,  return
receipt  requested  or  by  first class mail; and (b) within forty-eight
hours after receiving such ticket.  Upon  receipt  of  such  ticket  and
statement,  the court shall advise the violator, BY FIRST CLASS MAIL, of
an appearance AT WHICH NO TESTIMONY SHALL  BE  TAKEN.  IF  THE  MOTORIST
REQUESTS  A TRIAL, THE COURT SHALL SET A TRIAL DATE ON A DATE SUBSEQUENT
TO THE DATE OF THE INITIAL APPEARANCE AND SHALL NOTIFY THE DEFENDANT  OF
THE  date  by  first  class mail but no warrant of arrest for failure to
appear can be issued until the violator  is  notified  of  a  new  court
appearance   date  by  registered  or  certified  mail,  return  receipt
requested, and fails to appear.
  S 2. This act shall take effect immediately.

                                 PART D

  Section 1. Subdivision 3 of section 65.00 of the penal law, as amended
by chapter 264 of the laws of 2003, subparagraphs (i) and (ii) of  para-
graph (a) as amended by section 20 of part AAA of chapter 56 of the laws
of 2009, paragraph (c) as amended by chapter 568 of the laws of 2004 and
the  closing paragraph as amended by chapter 320 of the laws of 2006, is
amended to read as follows:
  3. Periods of probation. Unless terminated sooner in  accordance  with
the criminal procedure law, the period of probation shall be as follows:
  (a)  (i) For a felony, other than a class A-II felony defined in arti-
cle two hundred twenty of this chapter or the class B felony defined  in
section  220.48  of this chapter, or any other class B felony defined in
article two hundred twenty of this chapter committed by a second  felony
drug  offender,  or a sexual assault, the period of probation shall be A
DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST THREE YEARS AND
WHICH MUST NOT EXCEED five years;
  (ii) For a class A-II felony drug offender as defined in paragraph (a)
of subdivision one of section 70.71 of  this  chapter  as  described  in
paragraph  (b)  of  subdivision one of this section, or a class B felony
committed by a second felony drug offender described in paragraph (b) of
subdivision one of this section, the period of probation shall  be  life
and  for a class B felony defined in section 220.48 of this chapter, the
period of probation shall be twenty-five years;
  (iii) For a felony sexual assault, the period of  probation  shall  be
ten years.
  (b)  (i)  For  a class A misdemeanor, other than a sexual assault, the
period of probation shall be A DETERMINATE TERM, IN WHOLE  YEARS,  WHICH
MUST BE AT LEAST TWO YEARS AND WHICH MUST NOT EXCEED three years;

S. 6255                             8                            A. 9055

  (ii) For a class A misdemeanor sexual assault, the period of probation
shall be six years.
  (c)  For  a  class B misdemeanor, the period of probation shall be one
year, except the period of probation shall be no less than one year  and
no  more than three years for the class B misdemeanor of public lewdness
as defined in section 245.00 of this chapter;
  (d) For an unclassified misdemeanor, the period of probation shall  be
A DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST TWO YEARS AND
WHICH  MUST  NOT EXCEED three years if the authorized sentence of impri-
sonment is in excess of three months, otherwise the period of  probation
shall be one year.
  For  the  purposes of this section, the term "sexual assault" means an
offense defined in article one hundred  thirty  or  two  hundred  sixty-
three,  or  in  section  255.25, 255.26 or 255.27 of this chapter, or an
attempt to commit any of the foregoing offenses.
  S 2.   Paragraph  (c)  of  subdivision  1  of  section  500-a  of  the
correction  law,  as  amended  by  chapter  541  of the laws of 1994, is
amended to read as follows:
  (c) For the detention of persons awaiting the availability of a court,
pursuant to the provisions of section 210.10, subdivision two of section
530.70 [or], subdivision two of section 410.40 OR SECTION 410.92 of  the
criminal procedure law;
  S  3.  The  criminal  procedure law is amended by adding a new section
410.92 to read as follows:
S 410.92 PROBATION DETAINER WARRANT.
  1. A PERSON UNDER PROBATION SUPERVISION WHO HAS BEEN TAKEN INTO CUSTO-
DY PURSUANT TO SECTION 410.40 OR SECTION  410.50  OF  THIS  ARTICLE  FOR
VIOLATION  OF  A  CONDITION OF A SENTENCE OF PROBATION MUST FORTHWITH BE
BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE. WHERE THE COURT THAT
IMPOSED SENTENCE IS A LOCAL CRIMINAL COURT AND NO JUDGE FROM THAT  COURT
IS  AVAILABLE,  AND  SUCH PERSON HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SUBDIVISION FOUR OF SECTION 410.50 OF THIS ARTICLE, SUCH PERSON SHALL BE
BROUGHT BEFORE ANY AVAILABLE ALTERNATIVE COURT AS DESCRIBED IN  SUBDIVI-
SION  FIVE  OF  SECTION  120.90  OF  THIS  CHAPTER. WHERE THE COURT THAT
IMPOSED THE SENTENCE IS A SUPERIOR COURT AND NO JUDGE FROM THAT COURT IS
AVAILABLE, SUCH PERSON SHALL BE BROUGHT BEFORE ANY AVAILABLE LOCAL CRIM-
INAL COURT IN THE SAME COUNTY. WHEN NO SUCH ALTERNATIVE COURT IS  AVAIL-
ABLE,  THE  PROBATION OFFICER SHALL REPORT SUCH FACT AND SUCH EFFORTS TO
LOCATE AN AVAILABLE ALTERNATIVE COURT TO THE DIRECTOR OR DEPUTY DIRECTOR
OF THE LOCAL PROBATION DEPARTMENT, AND THEREUPON A WARRANT MAY BE ISSUED
BY SUCH DIRECTOR OR DEPUTY DIRECTOR FOR THE TEMPORARY DETENTION OF  SUCH
PERSON  UPON  THAT  OFFICIAL'S  DETERMINATION  THAT A PUBLIC SAFETY RISK
REQUIRES THAT THE PROBATIONER  BE  IMMEDIATELY  TAKEN  INTO  CUSTODY.  A
WARRANT  ISSUED PURSUANT TO THIS SUBDIVISION SHALL CONSTITUTE SUFFICIENT
AUTHORITY TO THE SUPERINTENDENT OR OTHER PERSON IN CHARGE OF  ANY  JAIL,
PENITENTIARY, LOCKUP OR DETENTION PEN TO WHOM IT IS DELIVERED TO HOLD IN
TEMPORARY  DETENTION  THE  PERSON  NAMED  THEREIN. DURING SUCH PERIOD OF
TEMPORARY DETENTION, A WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL
HAVE THE SAME EFFECT AS A WARRANT ISSUED BY A COURT PURSUANT TO SUBDIVI-
SION TWO OF SECTION 210.40 OF THIS ARTICLE.
  2. A PERSON TEMPORARILY DETAINED PURSUANT TO SUBDIVISION ONE  OF  THIS
SECTION SHALL BE BROUGHT BEFORE THE SENTENCING COURT WITHOUT UNNECESSARY
DELAY,  AND  IN  ANY  EVENT WITHIN FORTY-EIGHT HOURS, WHETHER OR NOT THE
COURT IS SCHEDULED TO BE IN SESSION. IF THE COURT HAS  REASONABLE  CAUSE
TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT
MAY  COMMIT  HIM  OR  HER  TO  THE CUSTODY OF THE SHERIFF OR FIX BAIL OR

S. 6255                             9                            A. 9055

RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEARANCE
AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS  ARTI-
CLE.    IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH
PERSON  HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT HE
OR SHE BE RELEASED. THE COURT SHALL  CONSIDER  ALL  RELEVANT  FACTS  AND
CIRCUMSTANCES  AND  RENDER  AN INDEPENDENT JUDGMENT IN MAKING A DECISION
UNDER THIS SUBDIVISION AND SHALL NOT RELY ON THE DETERMINATION TO TEMPO-
RARILY DETAIN SUCH PERSON MADE BY THE DIRECTOR OR DEPUTY DIRECTOR OF THE
LOCAL PROBATION DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S 4.  The office of court administration shall make reasonable efforts
to ensure that judges are available in each county to review the  status
of  persons  taken  into  custody  pursuant  to subdivision 4 of section
410.50 of the criminal procedure law in a timely manner and  before  the
director  or  deputy director of the local probation department issues a
warrant pursuant to subdivision 1 of  section  410.92  of  the  criminal
procedure law that such person be detained.
  S  5.  This  act shall take effect immediately and section one of this
act shall apply to offenses committed on or after such effective date.

                                 PART E

  Section 1. The penal law is amended by adding a new article 62 to read
as follows:
                               ARTICLE 62
                           CRIMINAL FORFEITURE
SECTION 62.00 CRIMINAL FORFEITURE.
S 62.00 CRIMINAL FORFEITURE.
  1. THE COURT,  IN  IMPOSING  SENTENCE  ON  A  PERSON  CONVICTED  OF  A
VIOLATION OF ANY OFFENSE DEFINED IN THIS CHAPTER OR ANY OTHER CHAPTER OF
THE  CONSOLIDATED LAWS OF THE STATE, SHALL ORDER THAT THE PERSON FORFEIT
ANY PROPERTY, REAL OR PERSONAL, CONSTITUTING, OR DERIVED FROM,  PROCEEDS
THE  PERSON  OBTAINED  DIRECTLY  OR  INDIRECTLY  AS  THE  RESULT OF SUCH
VIOLATION. THE COURT, IN IMPOSING SENTENCE ON A PERSON  CONVICTED  OF  A
VIOLATION  OF ANY FELONY OFFENSE SHALL ORDER THAT THE PERSON FORFEIT ANY
PROPERTY, REAL OR PERSONAL, INVOLVED IN SUCH OFFENSE,  OR  ANY  PROPERTY
TRACEABLE TO SUCH PROPERTY.
  2.  IN  THE  EVENT OF A PENDING CRIMINAL CASE IN WHICH A DEFENDANT HAS
ABSCONDED FROM THE JURISDICTION  OF  THE  COURT,  THE  COURT  MAY  ORDER
FORFEITURE  OF  ANY PROPERTY, REAL OR PERSONAL, CONSTITUTING, OR DERIVED
FROM, PROCEEDS OBTAINED DIRECTLY OR INDIRECTLY, AS  THE  RESULT  OF  ANY
VIOLATION  OF  THE  THIS  CHAPTER,  AS  WELL  AS  ANY  PROPERTY, REAL OR
PERSONAL, INVOLVED IN ANY VIOLATION OF THIS  CHAPTER,  OR  ANY  PROPERTY
TRACEABLE  TO  SUCH PROPERTY. THE COURT MAY DISALLOW A PERSON FROM USING
THE RESOURCES OF THE COURTS OF THE STATE OF NEW YORK IN FURTHERANCE OF A
CLAIM IN ANY RELATED  FORFEITURE  ACTION  OR  A  CLAIM  IN  THIRD  PARTY
PROCEEDINGS  IN  ANY  RELATED  CRIMINAL FORFEITURE ACTION UPON A FINDING
THAT SUCH PERSON:
  (A) AFTER NOTICE OR KNOWLEDGE OF THE FACT THAT A  WARRANT  OR  PROCESS
HAS  BEEN ISSUED FOR HIS OR HER APPREHENSION, IN ORDER TO AVOID CRIMINAL
PROSECUTION:
  (I) PURPOSELY LEAVES THE JURISDICTION OF THE STATE OF NEW YORK;
  (II) DECLINES TO ENTER OR REENTER THE STATE OF NEW YORK TO  SUBMIT  TO
ITS JURISDICTION;
  (III) OTHERWISE EVADES THE JURISDICTION OF THE COURT IN WHICH A CRIMI-
NAL CASE IS PENDING AGAINST THE PERSON; AND

S. 6255                            10                            A. 9055

  (B)  IS  NOT CONFINED OR HELD IN CUSTODY IN ANY OTHER JURISDICTION FOR
COMMISSION OF CRIMINAL CONDUCT IN THAT JURISDICTION.
  THIS  SUBDIVISION  MAY BE APPLIED TO A CLAIM FILED BY A CORPORATION IF
ANY MAJORITY SHAREHOLDER OR INDIVIDUAL FILING THE CLAIM ON BEHALF OF THE
CORPORATION IS A PERSON TO WHOM THIS SUBDIVISION APPLIES.
  3. ANY PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION MAY BE SEIZED
BY LAW ENFORCEMENT, EX PARTE AND UNDER SEAL, UPON A SHOWING OF  PROBABLE
CAUSE TO BELIEVE THAT THE PROPERTY IS FORFEITABLE, EXCEPT THAT A SEIZURE
MAY BE MADE WITHOUT A WARRANT:
  (A) PURSUANT TO AN ORDER OF ATTACHMENT; OR
  (B) IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY IS SUBJECT
TO FORFEITURE; AND
  (I) THE SEIZURE IS MADE PURSUANT TO A LAWFUL ARREST OR SEARCH; OR
  (II)  ANOTHER EXCEPTION TO THE FOURTH AMENDMENT WARRANT REQUIREMENT OF
THE FEDERAL CONSTITUTION APPLIES.
  ANY MOTION FOR THE RETURN OF PROPERTY SEIZED UNDER THIS SECTION  SHALL
BE FILED IN THE COURT IN WHICH THE SEIZURE WARRANT WAS ISSUED.
  4. OTHER THAN AS PROVIDED IN THIS SECTION, THE FORFEITURE OF PROPERTY,
INCLUDING  ANY  SEIZURE  AND DISPOSITION OF THE PROPERTY AND ANY RELATED
JUDICIAL  OR  ADMINISTRATIVE  PROCEEDING,  SHALL  BE  GOVERNED  BY   THE
PROVISIONS OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES.
  5.  NOTHING  IN  THIS  ARTICLE  SHALL  SUPERSEDE  LOCAL LAWS AFFECTING
FORFEITURE.
  S 2. Subdivisions 2, 4-a and 5 of section 1310 of the  civil  practice
law  and rules, subdivisions 2 and 5 as added by chapter 669 of the laws
of 1984 and subdivision 4-a as added by chapter 655 of the laws of 1990,
are amended to read as follows:
  2. "Proceeds of a crime"  means  any  property  obtained  through  the
commission of a felony OR MISDEMEANOR crime defined in subdivisions five
and six [hereof] OF THIS SECTION, and includes any appreciation in value
of such property.
  4-a.  "Real  property instrumentality of a crime" means an interest in
real property the use of which contributes directly  and  materially  to
the commission of a specified felony offense OR MISDEMEANOR.
  5. "Post-conviction forfeiture crime" means any [felony] CRIME defined
in  the  penal  law or any other chapter of the consolidated laws of the
state.
  S 3. Paragraph (a) of subdivision 1 of section 1311 of the civil prac-
tice law and rules, as added by chapter 669 of  the  laws  of  1984,  is
amended to read as follows:
  (a)  Actions  relating to post-conviction forfeiture crimes. An action
relating to a post-conviction forfeiture crime must be grounded  upon  a
conviction  of  a  [felony] CRIME defined in subdivision five of section
one thousand three hundred ten of this article, or upon criminal  activ-
ity arising from a common scheme or plan of which such a conviction is a
part, or upon a count of an indictment or information OR IN SATISFACTION
OF AN APPROPRIATE ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF
SECTION  1.20  OF  THE  CRIMINAL PROCEDURE LAW alleging a [felony] CRIME
which was dismissed at the time of a plea  of  guilty  to  a  felony  OR
MISDEMEANOR in satisfaction of such count. A court may not grant forfei-
ture  until  such  conviction  has  occurred.  However, an action may be
commenced, and a court may grant a  provisional  remedy  provided  under
this article, prior to such conviction having occurred.  An action under
this  paragraph  must  be  dismissed at any time after sixty days of the
commencement of the action unless the conviction upon which  the  action
is  grounded has occurred, or an [indictment or information] APPROPRIATE

S. 6255                            11                            A. 9055

ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF SECTION  1.20  OF
THE  CRIMINAL  PROCEDURE LAW upon which the asserted conviction is to be
based is pending in a superior OR LOCAL CRIMINAL court. An action  under
this  paragraph shall be stayed during the pendency of a criminal action
which is related to it; provided, however,  that  such  stay  shall  not
prevent  the  granting or continuance of any provisional remedy provided
under this article or any other provisions of law.
  S 4. Subdivision 6 of section 220.50 of the criminal procedure law, as
added by chapter 655 of the laws of 1990, is amended to read as follows:
  6. Where the defendant consents to a plea of guilty  to  [the  indict-
ment, or part of the indictment] AN APPROPRIATE ACCUSATORY INSTRUMENT AS
DEFINED  IN SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER, or consents
to be prosecuted by superior court information as set forth  in  section
195.20  of  this chapter, and if the defendant and prosecutor agree that
as a condition of the plea or the  superior  court  information  certain
property  shall be forfeited by the defendant, the description and pres-
ent estimated monetary value of the property shall be stated in court by
the prosecutor at the time of [plea] DISPOSITION.  Within thirty days of
the acceptance of the plea or superior court information by  the  court,
the  prosecutor shall send to the commissioner of the division of crimi-
nal justice services a document containing the name  of  the  defendant,
the  description  and  present estimated monetary value of the property,
and the date the plea [or superior court information] was accepted.  Any
property  forfeited  by the defendant as a condition to a plea of guilty
to an [indictment]  APPROPRIATE  ACCUSATORY  INSTRUMENT  AS  DEFINED  IN
SUBDIVISION  ONE  OF SECTION 1.20 OF THIS CHAPTER, or a part thereof, or
to a superior court information, shall be disposed of in accordance with
the provisions of section thirteen hundred forty-nine of the civil prac-
tice law and rules.
  S 5. Paragraphs (e), (f), (g) and (h) of subdivision 2 and subdivision
3 of section 1349 of the civil practice law and rules,  paragraphs  (e),
(f)  and  (h) of subdivision 2 and subdivision 3 as added by chapter 655
of the laws of 1990 and paragraph (g) of subdivision  2  as  amended  by
chapter 398 of the laws of 2004, are amended to read as follows:
  (e) [In addition to amounts, if any, distributed pursuant to paragraph
(d)  of this subdivision, fifteen percent of all moneys realized through
forfeiture to the claiming authority in satisfaction of actual costs and
expenses incurred in the investigation, preparation  and  litigation  of
the  forfeiture action, including that proportion of the salaries of the
attorneys, clerical and investigative personnel  devoted  thereto,  plus
all  costs  and disbursements taxable under the provisions of this chap-
ter;
  (f) In addition to amounts, if any, distributed pursuant to  paragraph
(d)  of  this  subdivision,  five percent of all moneys realized through
forfeiture to  the  claiming  agent  in  satisfaction  of  actual  costs
incurred for protecting, maintaining and forfeiting the property includ-
ing  that proportion of the salaries of attorneys, clerical and investi-
gative personnel devoted thereto;
  (g) Forty percent of all moneys realized through forfeiture which  are
remaining  after distributions pursuant to paragraphs (a) through (f) of
this subdivision, to the chemical dependence  service  fund  established
pursuant to section ninety-seven-w of the state finance law;
  (h)  All  moneys  remaining after distributions pursuant to paragraphs
(a) through (g) of this subdivision shall be distributed as follows:
  (i) seventy-five percent of such moneys shall be deposited  to  a  law
enforcement  purposes  subaccount of the general fund of the state where

S. 6255                            12                            A. 9055

the claiming agent is an agency of the state or the  political  subdivi-
sion  or  public  authority of which the claiming agent is a part, to be
used for law enforcement use in the investigation of penal law offenses;
  (ii)  the remaining twenty-five percent of such moneys shall be depos-
ited to a prosecution services subaccount of the  general  fund  of  the
state  where the claiming authority is the attorney general or the poli-
tical subdivision of which the claiming authority is a part, to be  used
for the prosecution of penal law offenses.
  Where  multiple claiming agents participated in the forfeiture action,
funds available pursuant to subparagraph (i) of this paragraph shall  be
disbursed  to  the  appropriate  law enforcement purposes subaccounts in
accordance with the terms of a written agreement reflecting the  partic-
ipation  of each claiming agent entered into by the participating claim-
ing agents.] ANY AMOUNTS THAT ARE REMAINING AFTER DISTRIBUTIONS PURSUANT
TO PARAGRAPH (D) OF THIS SUBDIVISION SHALL BE  DISTRIBUTED  AS  FOLLOWS:
THIRTY-FIVE  PERCENT  TO  THE  CLAIMING  AUTHORITY; FORTY PERCENT TO THE
CLAIMING AGENT; AND TWENTY-FIVE PERCENT TO THE STATE, TO BE DEPOSITED IN
THE GENERAL FUND.  WHERE MULTIPLE CLAIMING AGENTS  PARTICIPATED  IN  THE
FORFEITURE  ACTION, THE CLAIMING AUTHORITY MAY DISBURSE THE FUNDS EQUIT-
ABLY AMONG ALL INVOLVED LAW ENFORCEMENT AGENCIES OR INVESTIGATORS.
  3. All moneys distributed to  the  claiming  agent  and  the  claiming
authority  pursuant  to  paragraph  [(h)] (E) of subdivision two of this
section shall be used to enhance law  enforcement  efforts  and  not  in
supplantation  of ordinary budgetary costs including salaries of person-
nel, and expenses of the claiming authority or claiming agent during the
fiscal year in which this section takes effect.
  S 6. This act shall take effect immediately.

                                 PART F

  Section 1. Section 2 of part H of chapter 503  of  the  laws  of  2009
relating  to  the  disposition  of  monies  recovered by county district
attorneys before the filing of an accusatory instrument, as  amended  by
section  1  of  part  B of chapter 57 of the laws of 2011, is amended to
read as follows:
  S 2. This act shall take effect immediately and shall remain  in  full
force  and  effect until March 31, [2012] 2013, when it shall expire and
be deemed repealed.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2012.

                                 PART G

  Section 1. Subdivision 2 of section 20 of the executive law is amended
by adding a new paragraph i to read as follows:
  I.  "INCIDENT MANAGEMENT TEAM" MEANS A STATE CERTIFIED TEAM OF TRAINED
PERSONNEL  FROM  DIFFERENT  DEPARTMENTS,  ORGANIZATIONS,  AGENCIES,  AND
JURISDICTIONS  WITHIN  THE STATE, OR A REGION OF THE STATE, ACTIVATED TO
SUPPORT AND MANAGE MAJOR AND/OR COMPLEX INCIDENTS  REQUIRING  A  SIGNIF-
ICANT NUMBER OF LOCAL, REGIONAL, AND STATE RESOURCES.
  S  2.  Subdivision 1 of section 21 of the executive law, as amended by
section 93 of subpart B of part C of chapter 62 of the laws of 2011,  is
amended to read as follows:
  1.  There  is  hereby  created  in the executive department a disaster
preparedness commission consisting of the commissioners  of  transporta-
tion,  health, division of criminal justice services, education, [social

S. 6255                            13                            A. 9055

services,] economic development, agriculture and  markets,  housing  and
community  renewal, general services, labor, environmental conservation,
mental health, parks, recreation and historic preservation,  corrections
and  community supervision [and], children and family services, HOMELAND
SECURITY AND EMERGENCY SERVICES, AND PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES, the president of the New York state energy research  and  develop-
ment  authority,  the superintendents of state police, [insurance, bank-
ing,] FINANCIAL  SERVICES,  the  secretary  of  state,  the  state  fire
administrator,  the chair of the public service commission, the adjutant
general, [the directors of the offices within the division  of  homeland
security  and  emergency  services,]  the office for technology, and the
office of victim services, the chairs  of  the  thruway  authority,  the
metropolitan  transportation  authority,  the port authority of New York
and New Jersey, the chief professional officer of the state coordinating
chapter of the American Red Cross and three additional  members,  to  be
appointed  by  the governor, two of whom shall be chief executives. Each
member agency may designate an EXECUTIVE LEVEL officer of  that  agency,
with responsibility for disaster preparedness matters, who may represent
that agency on the commission. The commissioner of the division of home-
land security and emergency services shall serve as chair of the commis-
sion, and the governor shall designate the vice chair of the commission.
The  members of the commission, except those who serve ex officio, shall
be allowed their actual and necessary expenses incurred in the  perform-
ance  of their duties under this article but shall receive no additional
compensation for services rendered pursuant to this article.
  S 3.  Paragraph f of subdivision 3 of section 21 of the executive law,
as amended by section 2 of part B of chapter 56 of the laws of 2010,  is
amended to read as follows:
  f.  (1) unless it deems it unnecessary, create, following the declara-
tion of a state disaster emergency,  a  temporary  organization  in  the
disaster  area  to  provide  for integration and coordination of efforts
among  the  various  federal,  state,  municipal  and  private  agencies
involved.  The  commission, upon a finding that a municipality is unable
to manage local disaster operations,  may,  with  the  approval  of  the
governor,  direct  the temporary organization to assume direction of the
local disaster operations of such municipality, for a  specified  period
of  time,  and  in  such  cases such temporary organization shall assume
direction of such local disaster operations, subject to the  supervision
of  the  commission.    In  such  event, such temporary organization may
utilize such municipality's local resources, provided, however, that the
state shall not be liable  for  any  expenses  incurred  in  using  such
municipality's resources. THE STATE SHALL NOT BE LIABLE FOR THE EXPENSES
INCURRED  IN  USING  THIRD  PARTY,  NON-STATE  RESOURCES DEPLOYED TO THE
AFFECTED AREA BY THE TEMPORARY  ORGANIZATION,  WHICH  ARE  NECESSARY  TO
PROTECT LIFE AND SAFETY;
  (2) THE STATE INCIDENT MANAGEMENT TEAM SHALL HAVE THE AUTHORITY TO ACT
AS  THE  OPERATIONAL  ARM  OF THE TEMPORARY ORGANIZATION. WHEN CALLED TO
DUTY AND DEPLOYED BY THE STATE, MEMBERS OF ANY STATE OR  LOCAL  INCIDENT
MANAGEMENT  TEAM  SHALL  BE  DEEMED TEMPORARY EMPLOYEES OF THE STATE AND
SHALL HAVE THE SAME PRIVILEGES AND IMMUNITIES AFFORDED TO REGULAR  STATE
EMPLOYEES, SUBJECT TO THE RULES AND REGULATIONS PROMULGATED BY THE PRES-
IDENT  OF  THE  STATE  CIVIL  SERVICE COMMISSION PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THE CIVIL SERVICE LAW;
  S 4. Subdivision 5 of section 21 of the executive  law,  as  added  by
section  2  of  part  B of chapter 56 of the laws of 2010, is amended to
read as follows:

S. 6255                            14                            A. 9055

  5. The STATE office of emergency management  within  the  division  of
homeland  security  and  emergency  services  shall serve as the [staff]
OPERATIONAL arm of the commission and shall be  responsible  for  imple-
menting provisions of this article and the rules and policies adopted by
the  commission.   THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGE-
MENT WITHIN THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY  SERVICES
SHALL  EXERCISE THE AUTHORITY GIVEN TO THE DISASTER PREPAREDNESS COMMIS-
SION IN SECTION TWENTY-NINE OF THIS ARTICLE, TO  COORDINATE  AND  DIRECT
STATE  AGENCIES  AND ASSETS IN RESPONSE TO A STATE DISASTER EMERGENCY ON
BEHALF OF THE GOVERNOR  AND  THE  CHAIR  OF  THE  DISASTER  PREPAREDNESS
COMMISSION.  IF THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY MANAGEMENT
IS UNABLE TO EXERCISE THIS AUTHORITY, THEN THE EXECUTIVE DEPUTY  COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
ACT IN THIS CAPACITY. IN THE EVENT THAT THE EXECUTIVE DEPUTY COMMISSION-
ER  IS  UNABLE  TO EXERCISE THIS AUTHORITY, THEN SUCH AUTHORITY SHALL BE
EXERCISED BY THE OFFICIAL WILLING AND ABLE TO DO  SO  IN  THE  FOLLOWING
ORDER:  THE STATE FIRE ADMINISTRATOR; THE SUPERINTENDENT OF THE DIVISION
OF STATE POLICE; OR THE DIRECTOR OF THE OFFICE OF COUNTERTERRORISM WITH-
IN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  S 5. The opening paragraph and paragraph f of subdivision 1 of section
24 of the executive law, the opening paragraph as amended by chapter 158
of the laws of 1994 and paragraph f  of  subdivision  1  as  amended  by
section  5  of  part B of chapter 56 of the laws of 2010, are amended to
read as follows:
  Notwithstanding any inconsistent provision of law, general or special,
in the event of a disaster,  rioting,  catastrophe,  or  similar  public
emergency  within  the  territorial  limits of any county, city, town or
village, or in the event of reasonable apprehension of immediate  danger
thereof,  and  upon  a  finding  by the chief executive thereof that the
public safety is imperiled thereby, such chief executive may proclaim  a
local  state  of  emergency  within  any  part or all of the territorial
limits of such local government; provided, however, that in the event of
a radiological accident as defined  in  section  twenty-nine-c  of  this
article,  such chief executive may request of the governor a declaration
of disaster emergency. SUCH PROCLAMATION SHALL REMAIN IN  EFFECT  FOR  A
PERIOD  NOT TO EXCEED THIRTY DAYS OR UNTIL RESCINDED BY THE CHIEF EXECU-
TIVE, WHICHEVER OCCURS FIRST. THE CHIEF EXECUTIVE MAY  ISSUE  ADDITIONAL
PROCLAMATIONS  TO  EXTEND  THE STATE OF EMERGENCY FOR ADDITIONAL PERIODS
NOT TO EXCEED THIRTY DAYS. Following such proclamation  and  during  the
continuance  of  such  local state of emergency, the chief executive may
promulgate local emergency orders to protect life  and  property  or  to
bring  the  emergency  situation  under  control.  As illustration, such
orders may, within any part or all of the  territorial  limits  of  such
local government, provide for:
  f.  the  establishment or designation of emergency shelters, emergency
medical shelters, and in consultation with  the  state  commissioner  of
health, [alternate medical care sites] COMMUNITY BASED CARE CENTERS;
  S  6.  Subdivision  3  of section 24 of the executive law, as added by
chapter 640 of the laws of 1978, is amended to read as follows:
  3. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local  emergency
orders  of  a  chief executive of a county shall be executed in [tripli-
cate] QUADRUPLICATE and shall be filed within seventy-two  hours  or  as
soon thereafter as practicable in the office of the clerk of the govern-
ing  board  of  the  county,  the  office of the county clerk [and], the
office of the secretary of state  AND  THE  STATE  OFFICE  OF  EMERGENCY
MANAGEMENT  WITHIN  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY

S. 6255                            15                            A. 9055

SERVICES. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emer-
gency orders of a chief executive of a city, town or  village  shall  be
executed  in [triplicate] QUADRUPLICATE and shall be filed within seven-
ty-two  hours  or as soon thereafter as practicable in the office of the
clerk of such municipal corporation, the  office  of  the  county  clerk
[and],  the  office  of  the  secretary of state AND THE STATE OFFICE OF
EMERGENCY MANAGEMENT WITHIN THE DIVISION OF HOMELAND SECURITY AND  EMER-
GENCY SERVICES.
  S  7.  Subdivision 1 of section 29-a of the executive law, as added by
chapter 640 of the laws of 1978, is amended to read as follows:
  1. Subject to the state constitution,  the  federal  constitution  and
federal  statutes  and regulations, [and after seeking the advice of the
commission,] the governor may by  executive  order  temporarily  suspend
specific  provisions  of  any  statute, local law, ordinance, or orders,
rules or regulations, or parts thereof, of any  agency  during  a  state
disaster  emergency,  if  compliance with such provisions would prevent,
hinder, or delay action necessary to cope with the disaster.
  S 8. Paragraph c of subdivision 2 of section  29-h  of  the  executive
law,  as  added  by  section 10-a of part B of chapter 56 of the laws of
2010, is amended to read as follows:
  c. "Local emergency management [officer]  DIRECTOR"  means  the  local
government official responsible for emergency preparedness, response and
recovery;
  S  9.  Paragraph  a  of subdivision 6 of section 29-h of the executive
law, as added by section 10-a of part B of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  a.  A  participating  local government may request assistance of other
participating local governments in preventing, mitigating, responding to
and recovering from disasters that result in  locally-declared  emergen-
cies,  or for the purpose of conducting multi-jurisdictional or regional
training, drills or exercises.  Requests  for  assistance  may  be  made
verbally or in writing; verbal requests shall be memorialized in writing
as soon thereafter as is practicable.  NOTWITHSTANDING THE PROVISIONS OF
SECTION  TWENTY-FIVE  OF  THIS  ARTICLE,  THE LOCAL EMERGENCY MANAGEMENT
DIRECTOR SHALL HAVE THE AUTHORITY TO REQUEST AND ACCEPT  ASSISTANCE  AND
DEPLOY  THE  LOCAL RESOURCES OF HIS OR HER JURISDICTION UNDER THE INTRA-
STATE MUTUAL AID PROGRAM.
  S 10. Paragraph b of subdivision 8 of section 29-h  of  the  executive
law  is  relettered paragraph d and two new paragraphs b and c are added
to read as follows:
  B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, GENERAL, SPECIAL
OR LOCAL, ANY REQUESTING LOCAL GOVERNMENT SHALL BE LIABLE AND  RESPONSI-
BLE  TO  THE ASSISTING LOCAL GOVERNMENT FOR ANY LOSS OR DAMAGE TO EQUIP-
MENT OR SUPPLIES AND SHALL BEAR AND PAY  THE  EXPENSE  INCURRED  IN  THE
OPERATION AND MAINTENANCE OF ANY EQUIPMENT AND THE COST OF MATERIALS AND
SUPPLIES USED IN RENDERING ASSISTANCE UNDER THIS SECTION.
  C.  THE  ASSISTING  LOCAL  GOVERNMENT  SHALL BE LIABLE FOR SALARIES OR
OTHER COMPENSATION FOR ITS EMPLOYEES  DEPLOYED  TO  A  REQUESTING  LOCAL
GOVERNMENT DURING THE TIME THEY ARE NOT PERFORMING THEIR DUTIES PURSUANT
TO  SUCH  REQUEST, AND SHALL DEFRAY THE ACTUAL TRAVELING AND MAINTENANCE
EXPENSE OF ITS EMPLOYEES AND EQUIPMENT WHILE THEY ARE RENDERING  ASSIST-
ANCE  UNDER THIS SECTION. THE RECEIVING LOCAL GOVERNMENT SHALL REIMBURSE
THE ASSISTING LOCAL GOVERNMENT FOR ANY MONEYS PAID FOR SUCH SALARIES  OR
OTHER COMPENSATION AND TRAVELING AND MAINTENANCE EXPENSES.
  S  11.  Subdivisions 9 and 10 of section 29-h of the executive law are
renumbered subdivisions 10 and  11  and  subdivision  10,  as  added  by

S. 6255                            16                            A. 9055

section  10-a of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
  10.  Liability.  a. Each local government is responsible for procuring
and maintaining insurance or other coverage as it deems appropriate.
  b.  WHILE IN THE PERFORMANCE OF  THEIR  DUTIES  UNDER  THE  INTRASTATE
MUTUAL  AID  PROGRAM,  EMPLOYEES OF THE ASSISTING LOCAL GOVERNMENT SHALL
HAVE THE SAME IMMUNITIES AND PRIVILEGES AS IF SUCH DUTIES WERE PERFORMED
WITHIN THEIR HOME JURISDICTION. AN ASSISTING LOCAL GOVERNMENT  PROVIDING
ASSISTANCE PURSUANT TO THE INTRASTATE MUTUAL AID PROGRAM SHALL BE LIABLE
FOR  THE NEGLIGENCE OF ITS EMPLOYEES, WHICH OCCURS IN THE PERFORMANCE OF
THEIR DUTIES IN THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH NEGLI-
GENCE OCCURRED IN THE PERFORMANCE OF THEIR DUTIES IN THEIR  HOME  JURIS-
DICTION.
  C. EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT RESPONDING TO OR RENDER-
ING  ASSISTANCE PURSUANT TO A REQUEST WHO SUSTAIN INJURY OR DEATH IN THE
COURSE OF, AND ARISING OUT OF, THEIR RESPONSE ARE ENTITLED TO ALL APPLI-
CABLE BENEFITS AS IF THEY WERE RESPONDING IN  THEIR  HOME  JURISDICTION.
THE ASSISTING LOCAL GOVERNMENT SHALL BE LIABLE FOR ALL COSTS OR PAYMENTS
FOR SUCH BENEFITS AS REQUIRED BY LAW.
  D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE ASSISTING
AND  RECEIVING LOCAL GOVERNMENTS FROM AGREEING TO OTHER TERMS RELATED TO
LIABILITY AND WORKERS' COMPENSATION BECAUSE OF EXISTING STATUTES,  LAWS,
RULES  OR  REGULATIONS.  LOCAL  GOVERNMENTS  MAY CHOOSE TO ENTER INTO AN
AGREEMENT, AT ANY TIME, TO ALTER THESE TERMS AS THEY DEEM NECESSARY.
  E.  Nothing  in  this  section  shall  be  construed  to  provide  any
protection  against  liability, or to create any liability, for an indi-
vidual who responds to a state of  emergency  where  aid  has  not  been
requested,  or  where  aid  has  not been authorized by the individual's
[local government] HOME JURISDICTION.
  S 12. Section 29-h of the executive law is amended by adding  two  new
subdivisions 9 and 12 to read as follows:
  9.  PERFORMANCE OF SERVICES. A. (1) EMERGENCY RESPONSE PERSONNEL OF AN
ASSISTING LOCAL  GOVERNMENT  SHALL  CONTINUE  UNDER  THE  ADMINISTRATIVE
CONTROL  OF  THEIR  JURISDICTION.  HOWEVER, IN ALL OTHER CASES WHERE NOT
PROHIBITED BY EXISTING STATUTE OR OTHER  AUTHORITY,  EMERGENCY  RESPONSE
PERSONNEL  OF AN ASSISTING LOCAL GOVERNMENT SHALL BE UNDER THE DIRECTION
AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCIDENT  MANAGEMENT
SYSTEM OF THE REQUESTING LOCAL GOVERNMENT;
  (2)  PERFORMANCE  BY  EMPLOYEES  OF  AN  ASSISTING LOCAL GOVERNMENT OF
SERVICES FOR A REQUESTING LOCAL  GOVERNMENT  PURSUANT  TO  THIS  SECTION
SHALL HAVE NO IMPACT UPON WHETHER NEGOTIATING UNIT EMPLOYEES REPRESENTED
BY AN EMPLOYEE ORGANIZATION, RECOGNIZED OR CERTIFIED PURSUANT TO SECTION
TWO  HUNDRED  SIX  OR TWO HUNDRED SEVEN OF THE CIVIL SERVICE LAW, EXCLU-
SIVELY PERFORM SUCH SERVICES, AS THAT  PHRASE  IS  USED  BY  THE  PUBLIC
EMPLOYMENT  RELATIONS  BOARD,  ON BEHALF OF THE REQUESTING LOCAL GOVERN-
MENT;
  B. ASSETS AND EQUIPMENT OF AN ASSISTING LOCAL GOVERNMENT SHALL CONTIN-
UE UNDER THE OWNERSHIP OF THE ASSISTING JURISDICTION, BUT SHALL BE UNDER
THE DIRECTION AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE  INCI-
DENT MANAGEMENT SYSTEM OF THE REQUESTING LOCAL GOVERNMENT.
  12.  LICENSE,  CERTIFICATE  AND PERMIT PORTABILITY. A. STATE CERTIFIED
EMERGENCY MEDICAL SERVICES PROVIDERS WHO RESPOND OUTSIDE OF THEIR NORMAL
JURISDICTION PURSUANT TO A REQUEST FOR  ASSISTANCE  UNDER  THIS  PROGRAM
SHALL FOLLOW THEIR NORMAL OPERATING PROTOCOLS AS IF THEY WERE RESPONDING
AND RENDERING SERVICES IN THEIR HOME JURISDICTION.

S. 6255                            17                            A. 9055

  B. ANY OTHER INDIVIDUAL DEPLOYED THROUGH A PARTICIPATING LOCAL GOVERN-
MENT  WHO  IS  CERTIFIED  OR PERMITTED EITHER LOCALLY OR REGIONALLY WHEN
RESPONDING PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM SHALL
HAVE THE SAME POWERS AND DUTIES AS IF THEY WERE RESPONDING IN THEIR HOME
JURISDICTION.
  S 13. This act shall take effect immediately.

                                 PART H

  Section  1.  Paragraph 1 of subdivision j of section 41 of the retire-
ment and social security law, as amended by chapter 397 of the  laws  of
2009, is amended to read as follows:
  1. In addition to any other service credit to which he or she is enti-
tled,  a  member  who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted  one  day  of  additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed  one  hundred  sixty-five  days, (b) be considered in meeting any
service or age requirements prescribed  in  this  chapter,  and  (c)  be
considered  in computing final average salary. However, for an executive
branch member designated managerial or confidential pursuant to  article
fourteen of the civil service law or in the collective negotiating units
established  by article fourteen of the civil service law designated the
professional, scientific and technical services  unit,  the  rent  regu-
lation  services  negotiating  unit,  the  security services negotiating
unit, the security supervisors negotiating unit,  the  state  university
professional  services  negotiating  unit,  the  administrative services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs negotiating unit such  service  credit  limitation  provided  in
subparagraph  (a)  of  this paragraph shall not exceed two hundred days.
For a nonjudicial officer or employee of the unified court system not in
a collective negotiating unit or in a collective negotiating unit speci-
fied in section one of chapter two hundred three  of  the  laws  of  two
thousand  four, for employees of the New York state dormitory authority,
for employees of the New York state  thruway  authority,  the  New  York
state  canal  corporation and the state university construction fund and
for employees of the New York liquidation  bureau  such  service  credit
limitation  provided  in  subparagraph  (a)  of this paragraph shall not
exceed two hundred days.  MEMBERS WHO FIRST BECOME MEMBERS  OF  THE  NEW
YORK  STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM  ON  OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  SHALL  NOT  BE GRANTED ANY ADDITIONAL SERVICE CREDIT FOR UNUSED
SICK LEAVE.
  S 2. Subdivisions a and b of section 376 of the retirement and  social
security  law,  subdivision  a  as amended by chapter 389 of the laws of
1998 and subdivision b as amended by chapter 371 of the  laws  of  1969,
are amended to read as follows:
  a.  A  member  who discontinues service other than by death or retire-
ment:
  1. who has credit for at least five years of total service, OR  TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE  AND  LOCAL  POLICE  AND  FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, or
  2. who has credit for at least five years of total service, OR  TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK

S. 6255                            18                            A. 9055

STATE  AND  LOCAL  POLICE  AND  FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, including a minimum of five years of  member
service during which the member contributed to the system and/or partic-
ipated  in  an increased-take-home-pay or non-contributory plan, and who
does not withdraw his or her accumulated contributions, shall  be  enti-
tled  to  make  application pursuant to section three hundred seventy of
this article for a vested retirement allowance to  be  effective  on  or
after  the  first  day  of  the month following his or her attainment of
sixty years of age, OR SIXTY-FIVE YEARS OF AGE FOR A  MEMBER  WHO  FIRST
BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
MENT  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.  The retire-
ment allowance provided by this section shall  vest  automatically  upon
such discontinuance of service by such member.
  3. In the case of such a member who discontinues service other than by
death  or  retirement  after March thirty-first, nineteen hundred sixty-
six, who  had  been  contributing  toward  and/or  participating  in  an
increased-take-home-pay  or  non-contributory  plan  for retirement on a
basis other than retirement at age sixty for five years preceding his or
her discontinuance of service, he or  she  shall  be  entitled  to  make
application  for  a  vested  retirement  allowance to be effective on or
after the first day of the month following  his  or  her  attainment  of
fifty-five  years  of  age,  OR SIXTY-FIVE YEARS OF AGE FOR A MEMBER WHO
FIRST BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE  AND  FIRE
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  b.  The  vested  retirement  allowance  shall  be computed and paid in
accordance with the provisions of the plan of which the member had  been
a  participant  provided,  however, that if the service fraction used to
compute the retirement allowance  or  the  pension  provides  a  benefit
greater  than  that which would have been provided had the service frac-
tion one-sixtieth been used to compute the benefit, the service fraction
one-sixtieth shall be used to compute the  vested  retirement  allowance
unless  such  plan  shall specify another fraction to be used to compute
the vested retirement allowance. The vested retirement  allowance  shall
not  be  paid  before  the  member attains age fifty-five, OR SIXTY-FIVE
YEARS OF AGE FOR A MEMBER WHO FIRST BECOMES A MEMBER  OF  THE  NEW  YORK
STATE  AND  LOCAL  POLICE  AND  FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE.
  S 3. Subdivision e of section 440 of the retirement and social securi-
ty law, as added by chapter 285 of the laws of 1997, is amended to  read
as follows:
  e.  Notwithstanding  any  other  provision of law to the contrary, the
provisions and limitations of this article shall apply, as may be appro-
priate, to all investigator members of  the  New  York  city  employees'
retirement  system  who  last  joined such retirement system on or after
July first, nineteen hundred seventy-six, AND  PRIOR  TO  THE  EFFECTIVE
DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND TWELVE WHICH AMENDED
THIS SUBDIVISION.
  S 4. Subdivisions 5, 7, 12, 17 and 24 of section 501 of the retirement
and social security law, subdivisions 5, 12 and 17 as added  by  chapter
890  of the laws of 1976, subdivision 7 as amended by chapter 408 of the
laws of 2000 and subdivision 24 as amended by section 1  of  part  B  of
chapter 504 of the laws of 2009, are amended to read as follows:
  5.  "Early  retirement  age"  shall  mean  age fifty-five, for general
members, and the age on which a member completes or would have completed
twenty  years  of  service,  for  police/fire  members,  NEW  YORK  CITY

S. 6255                            19                            A. 9055

UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.
  7.  "Eligible  beneficiary"  for  the purposes of section five hundred
nine of this article shall mean the  following  persons  or  classes  of
persons  in  the  order  set  forth:  (a) a surviving spouse who has not
renounced survivorship rights in a separation  agreement,  until  remar-
riage,  (b)  surviving  children  until  age  twenty-five, (c) dependent
parents, determined under regulations promulgated  by  the  comptroller,
(d)  any  other person who qualified as a dependent on the final federal
income tax return of the member or the return filed in  the  year  imme-
diately  preceding  the year of death, until such person reaches twenty-
one years of age and (e) with respect to members of the  New  York  city
employees'  retirement  system  (OTHER  THAN  A  NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER  OR  AN  INVESTIGATOR  REVISED
PLAN MEMBER) and the board of education retirement system of the city of
New York, a person whom the member shall have nominated in the form of a
written  designation,  duly  acknowledged and filed with the head of the
retirement system for the purpose of section five hundred eight of  this
article. In the event that a class of eligible beneficiaries consists of
more  than  one  person,  benefits  shall  be  divided equally among the
persons in such class. For the purposes of section five hundred eight OF
THIS ARTICLE the term "eligible beneficiary" shall mean such  person  as
the member shall have nominated to receive the benefits provided in this
article.  To  be  effective,  such a nomination must be in the form of a
written designation, duly acknowledged and filed with the  head  of  the
retirement  system  for  this specific purpose. In the event such desig-
nated beneficiary does not survive him, or  if  he  shall  not  have  so
designated a beneficiary, such benefits shall be payable to the deceased
member's estate or as provided in section one thousand three hundred ten
of the surrogate's court procedure act.
  12.  "General member" shall mean a member subject to the provisions of
this article who is not a police/fire member, A NEW YORK CITY  UNIFORMED
CORRECTION/SANITATION  REVISED  PLAN  MEMBER  OR AN INVESTIGATOR REVISED
PLAN MEMBER.
  17. "Normal retirement  age"  shall  be  age  sixty-two,  for  general
members, and the age at which a member completes or would have completed
twenty-two  years  of  service,  for  police/fire members, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN  MEMBERS  AND  INVESTIGATOR
REVISED PLAN MEMBERS.
  24.  "Wages"  shall  mean regular compensation earned by and paid to a
member by a public employer, except that for members who first join  the
state  and local employees' retirement system on or after January first,
two thousand ten, overtime compensation paid in any year  in  excess  of
the  overtime  ceiling,  as  defined  by  this subdivision, shall not be
included in the definition of wages. "Overtime compensation" shall mean,
for purposes of this section, compensation paid under any law or  policy
under  which  employees  are  paid at a rate greater than their standard
rate for  additional  hours  worked  beyond  those  required,  including
compensation  paid  under  section  one hundred thirty-four of the civil
service law and section ninety of the general municipal law. The  "over-
time  ceiling"  shall mean fifteen thousand dollars per annum on January
first, two thousand ten, and shall be increased by  three  percent  each
year  thereafter.  For  the  purpose  of  calculation a member's primary
federal social security retirement or disability benefit,  wages  shall,
in  any  calendar  year, be limited to the portion of the member's wages
which would be subject to tax under section three thousand  one  hundred

S. 6255                            20                            A. 9055

twenty-one  of the internal revenue code of nineteen hundred fifty-four,
or any predecessor or successor  provision  relating  thereto,  if  such
member was employed by a private employer.  FOR MEMBERS WHO FIRST BECOME
MEMBERS  OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND
TWELVE WHICH AMENDED THIS SUBDIVISION, AND FOR NEW YORK CITY POLICE/FIRE
REVISED  PLAN  MEMBERS,  NEW  YORK  CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS, THE  FOLLOW-
ING ITEMS SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES: (A) OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT  A  RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND
THAT REQUIRED, INCLUDING SECTION ONE HUNDRED THIRTY-FOUR  OF  THE  CIVIL
SERVICE  LAW  AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (B) WAGES
IN EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO  SECTION
THREE  OF  ARTICLE FOUR OF THE STATE CONSTITUTION, (C) LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE,  ACCUMULATED  VACATION  OR  OTHER
CREDITS FOR TIME NOT WORKED, (D) ANY FORM OF TERMINATION PAY AND (E) ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
  S 5.  Section 501 of the retirement and social security law is amended
by adding three new subdivisions 25, 26 and 27 to read as follows:
  25.    "NEW  YORK  CITY  UNIFORMED  CORRECTION/SANITATION REVISED PLAN
MEMBER" SHALL MEAN A MEMBER WHO BECOMES SUBJECT  TO  THE  PROVISIONS  OF
THIS  ARTICLE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO IS A
MEMBER OF EITHER THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT  OF
CORRECTION  OR  THE  UNIFORMED  FORCE OF THE NEW YORK CITY DEPARTMENT OF
SANITATION.
  26. "NEW YORK CITY POLICE/FIRE  REVISED  PLAN  MEMBER"  SHALL  MEAN  A
POLICE/FIRE MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE
ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND TWELVE, AND WHO IS A MEMBER OF
EITHER THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK  CITY  FIRE
DEPARTMENT PENSION FUND.
  27.  "INVESTIGATOR  REVISED  PLAN  MEMBER"  SHALL MEAN AN INVESTIGATOR
MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A POLICE
OFFICER AS DEFINED  IN  PARAGRAPH  (G)  OF  SUBDIVISION  THIRTY-FOUR  OF
SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW, AND WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE.
  S  6. Subdivisions a and b of section 502 of the retirement and social
security law, as amended by section 2 of part B of chapter  504  of  the
laws of 2009, are amended to read as follows:
  a.  A  member who first joins a public retirement system of this state
on or after June thirtieth, nineteen hundred seventy-six  shall  not  be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of five years of creditable service after July first,
nineteen hundred seventy-three, except that a member who first joins the
New  York state and local employees' retirement system on or after Janu-
ary first, two thousand ten shall not be eligible for service retirement
benefits pursuant to this article until such member has rendered a mini-
mum of ten years of credited service.  A  MEMBER  WHO  FIRST  BECOMES  A
MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE  SHALL  NOT  BE  ELIGIBLE  FOR
SERVICE  RETIREMENT  BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER
HAS RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
  b. A member who previously was a member of a public retirement  system
of  this  state  shall  not  be eligible for service retirement benefits
hereunder until such member has rendered a  minimum  of  five  years  of

S. 6255                            21                            A. 9055

service which is creditable pursuant to section five hundred thirteen of
this  article.  A  member  who  first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall  not  be eligible for service retirement benefits pursuant to this
article until such member has rendered a minimum of ten years of credit-
ed service. A MEMBER WHO FIRST BECOMES A MEMBER OF THE  NEW  YORK  STATE
AND  LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM  ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR  SERVICE  RETIREMENT  BENEFITS
PURSUANT  TO  THIS  ARTICLE  UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF
TWELVE YEARS OF CREDITED SERVICE.
  S 7. Subdivisions a, c and d of section  503  of  the  retirement  and
social security law, subdivision a as amended by chapter 662 of the laws
of  1988, subdivision c as amended by section 143 of subpart B of part C
of chapter 62 of the laws of 2011 and subdivision d as added by  chapter
890 of the laws of 1976, are amended to read as follows:
  a.  The  normal  service  retirement benefit specified in section five
hundred four OF THIS ARTICLE shall be payable to general members,  other
than  elective  members,  who  have met the minimum service requirements
upon retirement and attainment of age sixty-two,  provided,  however,  a
general  member  who  is  a  peace officer employed by the unified court
system or a member of a teachers' retirement system may  retire  without
reduction  of  his or her retirement benefit upon attainment of at least
fifty-five years of age and  completion  of  thirty  or  more  years  of
service.  FOR MEMBERS WHO BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE, THE NORMAL SERVICE RETIREMENT BENEFITS SPECIFIED IN SECTION FIVE
HUNDRED  FOUR OF THIS ARTICLE SHALL BE PAYABLE TO GENERAL MEMBERS, OTHER
THAN ELECTIVE MEMBERS, WHO HAVE MET  THE  MINIMUM  SERVICE  REQUIREMENTS
UPON RETIREMENT AND ATTAINMENT OF AGE SIXTY-FIVE.
  c.  A general member shall be eligible for early service retirement at
age fifty-five with five years of credited service. A general member  in
the  uniformed  correction  force  of  the  New  York city department of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion c of section five hundred four-b of this article or  subdivision  c
of  section  five hundred four-d of this article, or a general member in
the uniformed personnel in institutions under the  jurisdiction  of  the
department  of  corrections  and  community  supervision,  as defined in
subdivision i of section eighty-nine  of  this  chapter  or  serving  in
institutions  who is also in a title defined in such subdivision and who
has made an election pursuant to the provisions of article seventeen  of
this  chapter, shall also be eligible for early service retirement after
twenty-five years of  credited  service,  PROVIDED,  HOWEVER,  THAT  THE
PROVISIONS  OF  THIS SUBDIVISION AND SUBDIVISION A OF THIS SECTION SHALL
NOT APPLY TO A NEW YORK  CITY  UNIFORMED  CORRECTION/SANITATION  REVISED
PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER.
  d.  The  normal  service  retirement benefit specified in section five
hundred five OF THIS ARTICLE shall be paid to police/fire  members,  NEW
YORK  CITY  UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN  MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS without regard to age upon  retirement
after  twenty-two  years  of  service. Early service retirement shall be
permitted upon retirement after twenty  years  of  credited  service  or
attainment  of  age  sixty-two,  PROVIDED,  HOWEVER,  THAT NEW YORK CITY
POLICE/FIRE   REVISED   PLAN   MEMBERS,   NEW   YORK   CITY    UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN

S. 6255                            22                            A. 9055

MEMBERS SHALL NOT BE ELIGIBLE TO RETIRE FOR SERVICE PRIOR TO THE ATTAIN-
MENT OF TWENTY YEARS OF CREDITED SERVICE.
  S  8.  Subdivisions  a,  c  and d of section 504 of the retirement and
social security law, subdivision a as added by chapter 890 of  the  laws
of  1976, subdivision c as amended by section 3 of part B of chapter 504
of the laws of 2009 and subdivision d  as  amended  by  section  144  of
subpart  B  of  part C of chapter 62 of the laws of 2011, are amended to
read as follows:
  a. The service  retirement  benefit  for  general  members  at  normal
retirement  age with twenty or more years of credited service shall be a
pension equal to one-fiftieth of final average  salary  times  years  of
credited  service,  not in excess of thirty years, less fifty percent of
the primary social security retirement benefit as  provided  in  section
five hundred eleven OF THIS ARTICLE.  THE SERVICE RETIREMENT BENEFIT FOR
GENERAL MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL
EMPLOYEES'  RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND
TWELVE AT NORMAL RETIREMENT AGE SHALL BE A PENSION EQUAL TO ONE-SIXTIETH
OF FINAL AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE, NOT  IN  EXCESS
OF THIRTY YEARS.
  c.  The  early  service retirement benefit for general members, except
for general members whose  early  retirement  benefit  is  specified  in
subdivision  d  of this section, shall be the service retirement benefit
specified in subdivision a or b of this section, as  the  case  may  be,
without social security offset, reduced by one-fifteenth for each of the
first two years by which early retirement precedes age sixty-two, plus a
further  reduction  of:  (1)  one-thirtieth;  or  (2)  one-twentieth for
members who first join the New York state and local  employees'  retire-
ment  system  on or after January first, two thousand ten, for each year
by which early retirement precedes age  sixty.  At  age  sixty-two,  the
benefit shall be reduced by fifty percent of the primary social security
retirement  benefit,  as provided in section five hundred eleven of this
article. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  TO  MEMBERS
WHO  FIRST  BECOME  MEMBERS  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  d. The early service retirement benefit for  general  members  in  the
uniformed   correction   force  of  the  New  York  city  department  of
correction, who are not entitled to an early service retirement  benefit
pursuant to subdivision c of section five hundred four-a of this article
or  subdivision  c  of  section  five  hundred four-b of this article or
subdivision c of section five hundred four-d of  this  article,  or  for
general  members  in  the  uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision,
as defined in subdivision i of  section  eighty-nine  of  this  chapter,
shall  be  a pension equal to one-fiftieth of final average salary times
years of credited service at the  completion  of  twenty-five  years  of
service,  but  not  in  excess of fifty percent of final average salary,
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY
TO A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
  S 9. Subdivision b of section 504-a of the retirement and social secu-
rity law is amended by adding a new paragraph 4-a to read as follows:
  4-A.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS  A  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.

S. 6255                            23                            A. 9055

  S 10. Subdivision b of section 504-b  of  the  retirement  and  social
security  law  is  amended  by  adding  a  new  paragraph 4-a to read as
follows:
  4-A.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS  A  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM FOR CAPTAINS AND ABOVE.
  S 11. Subdivision b of section 504-d  of  the  retirement  and  social
security  law  is  amended  by  adding  a  new  paragraph 1-a to read as
follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SUBDIVISION  OR  ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF  THE  NEW  YORK  CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE  A  PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.
  S  12. Section 505 of the retirement and social security law, as added
by chapter 890 of the laws of 1976, is amended to read as follows:
  S 505. Service retirement benefits; police/fire members, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN  MEMBERS  AND  INVESTIGATOR
REVISED  PLAN  MEMBERS.    a.  The normal service retirement benefit for
police/fire  members,  NEW  YORK  CITY  UNIFORMED  CORRECTION/SANITATION
REVISED  PLAN  MEMBERS  AND  INVESTIGATOR REVISED PLAN MEMBERS at normal
retirement age shall be a pension equal to fifty percent of final  aver-
age salary, less fifty percent of the primary social security retirement
benefit commencing at age sixty-two, as provided in section five hundred
eleven OF THIS ARTICLE.
  b.  The  early service retirement benefit for police/fire members, NEW
YORK CITY  UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN  MEMBERS  AND
INVESTIGATOR  REVISED  PLAN  MEMBERS shall be a pension equal to two and
one-tenths percent of final  average  salary  times  years  of  credited
service  at the completion of twenty years of service or upon attainment
of age sixty-two, increased by one-third of one percent of final average
salary for each month of service in excess of twenty years, but  not  in
excess  of  fifty percent of final average salary, less fifty percent of
the primary social security retirement benefit commencing at age  sixty-
two  as  provided  in  section  five  hundred  eleven  OF  THIS ARTICLE,
PROVIDED, HOWEVER, THAT NEW YORK CITY POLICE/FIRE REVISED PLAN  MEMBERS,
NEW  YORK  CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS SHALL NOT BE ELIGIBLE  TO  RETIRE  FOR
SERVICE PRIOR TO THE ATTAINMENT OF TWENTY YEARS OF CREDITED SERVICE.
  c.    A    police/fire    member,    A   NEW   YORK   CITY   UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER  OR  AN  INVESTIGATOR  REVISED
PLAN  MEMBER  who  retires  with twenty-two years of credited service or
less may become eligible for annual escalation of the service retirement
benefit if he elects to have the payment of his benefit commence on  the
date  he  would have completed twenty-two years and one month or more of
service. In such event, the service retirement benefit shall  equal  two
percent  of final average salary for each year of credited service, less
fifty percent of the primary social security retirement benefit commenc-
ing at age sixty-two as provided in section five hundred eleven OF  THIS
ARTICLE.
  S 13. Subdivisions b and c of section 507 of the retirement and social
security  law,  subdivision  b  as amended by chapter 489 of the laws of
2008 and subdivision c as amended by chapter 513 of the  laws  of  2010,
are amended to read as follows:

S. 6255                            24                            A. 9055

  b.  A  police/fire member in active service, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER IN ACTIVE SERVICE OR AN INVES-
TIGATOR REVISED PLAN MEMBER IN ACTIVE SERVICE, or a vested member  inca-
pacitated  as the result of a qualifying World Trade Center condition as
defined in section two of this chapter, who is not eligible for a normal
service retirement benefit shall be eligible for the accidental disabil-
ity  benefit  either  as provided in subdivision a OF THIS SECTION or if
such member is physically or mentally incapacitated for  performance  of
duty  as  the  natural  and proximate result of an accident sustained in
such active service and not caused by such member's own  willful  negli-
gence.
  c.  In  the case of a member of a retirement system other than the New
York state and local employees' retirement system, the  New  York  state
teachers'  retirement  system,  the  New York city employees' retirement
system, the New York city board of education retirement  system  or  the
New York city teachers' retirement system, OR IN THE CASE OF A MEMBER OF
THE  NEW  YORK  CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR  AN  INVESTIGATOR
REVISED  PLAN  MEMBER, the accidental disability benefit hereunder shall
be a pension equal to two percent of final average salary times years of
credited service which such member would have attained if employment had
continued until such member's full escalation date, not in excess of the
maximum years of service creditable for the  normal  service  retirement
benefit, less (i) fifty percent of the primary social security disabili-
ty  benefit,  if any, as provided in section five hundred eleven of this
article, and (ii) one hundred percent of any workers' compensation bene-
fits payable.
  In the case of a member of the New York  state  and  local  employees'
retirement  system,  the New York state teachers' retirement system, the
New York city employees' retirement system (OTHER THAN A NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER), the New York city board  of  education  retirement
system  or the New York city teachers' retirement system, the accidental
disability benefit hereunder shall be a pension equal to  sixty  percent
of  final  average  salary, less (i) fifty percent of the primary social
security disability benefit, if any, as provided in section five hundred
eleven of this article, and (ii) one hundred  percent  of  any  workers'
compensation  benefits  payable.  In the event a disability retiree from
any retirement system is not eligible for the  primary  social  security
disability  benefit and continues to be eligible for disability benefits
hereunder, such disability benefit shall be reduced by one-half of  such
retiree's  primary social security retirement benefit, commencing at age
sixty-two, in the same manner as provided for service  retirement  bene-
fits under section five hundred eleven of this article.
  S  14.  The opening paragraph of subdivision a of section 507-a of the
retirement and social security law, as amended by section 145 of subpart
B of part C of chapter 62 of the laws of 2011, is  amended  to  read  as
follows:
  [Application]  SUBJECT  TO  THE  PROVISIONS  OF  SUBDIVISION E OF THIS
SECTION, APPLICATION for a disability retirement allowance for a  member
in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision of New York state as
defined in subdivision i of section eighty-nine of this chapter or for a
member  serving  in  institutions who is also in a title defined in such
subdivision and who has made an election pursuant to the  provisions  of

S. 6255                            25                            A. 9055

article  seventeen  of  this  chapter or the New York city department of
correction may be made by:
  S  15.  Section  507-a  of  the  retirement and social security law is
amended by adding a new subdivision e to read as follows:
  E. NOTWITHSTANDING THE PRECEDING SUBDIVISIONS OF THIS SECTION  TO  THE
CONTRARY,  THIS  SECTION  SHALL  NOT  APPLY TO A MEMBER OF THE UNIFORMED
FORCE OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS  A  NEW  YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
  S  16.  Subdivision  a  of  section 507-c of the retirement and social
security law, as added by chapter 622 of the laws of 1997, is amended to
read as follows:
  a. Any member in the uniformed personnel  in  institutions  under  the
jurisdiction  of the New York city department of correction, who becomes
physically or mentally incapacitated for the performance  of  duties  as
the natural and proximate result of an injury, sustained in the perform-
ance or discharge of his or her duties by, or as a natural and proximate
result of, an act of any inmate or any person confined in an institution
under the jurisdiction of the department of correction or the department
of  health,  or by any person who has been committed to such institution
by any court shall be paid a performance of duty  disability  retirement
allowance  equal  to  three-quarters of final average salary, subject to
the provisions of section 13-176 of the administrative code of the  city
of  New  York,  PROVIDED,  HOWEVER,  THAT THE PROVISIONS OF THIS SECTION
SHALL NOT APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK  CITY
DEPARTMENT   OF   CORRECTION   WHO   IS   A   NEW  YORK  CITY  UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
  S 17. Subdivision b of section 508 of the retirement and social  secu-
rity  law,  as amended by chapter 601 of the laws of 1997, is amended to
read as follows:
  b. A member of a retirement system subject to the provisions  of  this
article  who  is  a policeman, fireman, correction officer, INVESTIGATOR
REVISED PLAN MEMBER or sanitation man and is in  a  plan  which  permits
immediate  retirement  upon  completion of a specified period of service
without regard to age or who is subject to  the  provisions  of  section
five  hundred  four  or  five  hundred  five of this article, shall upon
completion of ninety days of service be covered for financial protection
in the event of death in service  pursuant  to  this  subdivision.  Such
death  benefit  shall be equal to three times the member's salary raised
to the next highest multiple of one thousand dollars, but  in  no  event
shall  it exceed three times the maximum salary specified in section one
hundred thirty of the civil service law or, in the case of a member of a
retirement system other than the New  York  city  employees'  retirement
system,  OR  IN  THE  CASE  OF  A MEMBER OF THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM WHO IS A NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, the specific
limitations specified for age of  entrance  into  service  contained  in
subparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision
a of this section.
  S  18.  Paragraph  2 of subdivision b of section 510 of the retirement
and social security law, as added by chapter 890 of the laws of 1976, is
amended to read as follows:
  2. The first day of the month following the date  on  which  a  member
completes or would have completed twenty-five years of credited service,
with  respect to service retirement benefits for police/fire members and
their  beneficiaries,  NEW  YORK  CITY  UNIFORMED  CORRECTION/SANITATION

S. 6255                            26                            A. 9055

REVISED  PLAN  MEMBERS  AND  THEIR BENEFICIARIES OR INVESTIGATOR REVISED
PLAN MEMBERS AND THEIR BENEFICIARIES.
  S  19. Subdivision f of section 511 of the retirement and social secu-
rity law, as amended by section 147 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
  f. This section shall not apply to general members  in  the  uniformed
correction  force  of  the  New York city department of correction or to
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of corrections and community supervision and security hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section  eighty-nine  of  this  chapter,  PROVIDED,  HOWEVER,  THAT  THE
PROVISIONS  OF  THIS  SECTION  SHALL  APPLY TO A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
  S 20. Section 512 of  the  retirement  and  social  security  law,  as
amended  by  chapter  379  of  the laws of 1986, subdivisions b and c as
amended by chapter 286 of the laws of 2010 and subdivision d as added by
chapter 749 of the laws of 1992, is amended to read as follows:
  S 512. Final average salary.  a. A member's final average salary shall
be the average wages earned by such a member during  any  three  consec-
utive  years  which provide the highest average wage; provided, however,
if the wages earned during any year  included  in  the  period  used  to
determine final average salary exceeds that of the average of the previ-
ous  two  years  by  more  than ten percent, the amount in excess of ten
percent shall be excluded from the computation of final average  salary.
[Where]  NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, FOR A MEMBER WHO FIRST BECOMES A MEMBER OF  THE  NEW  YORK
STATE  AND  LOCAL  EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE, OR FOR A NEW YORK  CITY  POLICE/FIRE  REVISED  PLAN
MEMBER,  A  NEW  YORK  CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, A MEMBER'S FINAL  AVERAGE
SALARY  SHALL  BE  THE  AVERAGE WAGES EARNED BY SUCH A MEMBER DURING ANY
FIVE CONSECUTIVE YEARS WHICH PROVIDE THE HIGHEST AVERAGE WAGE; PROVIDED,
HOWEVER, IF THE WAGES EARNED DURING ANY YEAR INCLUDED IN THE PERIOD USED
TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THAT OF  THE  AVERAGE  OF  THE
PREVIOUS  FOUR YEARS BY MORE THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION  OF  FINAL  AVERAGE
SALARY. IN DETERMINING FINAL AVERAGE SALARY PURSUANT TO ANY PROVISION OF
THIS SUBDIVISION, WHERE the period used to determine final average sala-
ry  is the period which immediately precedes the date of retirement, any
month or months (not in excess  of  twelve)  which  would  otherwise  be
included  in  computing final average salary but during which the member
was on authorized leave of absence at partial pay or without  pay  shall
be  excluded  from the computation of final average salary and the month
or an equal number of months immediately preceding such period shall  be
substituted in lieu thereof.
  b.  Notwithstanding  the  provisions of subdivision a of this section,
with respect to members of the  New  York  state  employees'  retirement
system  WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE, the  New
York  state and local police and fire retirement system and the New York
city teachers' retirement system, a member's final average salary  shall
be  equal  to  one-third  of  the  highest total wages earned during any
continuous period of employment for which the member was  credited  with
three  years  of  service credit; provided, however, if the wages earned
during any year of credited service included the period used  to  deter-
mine final average salary exceeds the average of the wages of the previ-

S. 6255                            27                            A. 9055

ous  two  years of credited service by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary. FOR MEMBERS WHO FIRST BECOME A MEMBER OF  THE  NEW  YORK
STATE  AND  LOCAL  EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE, WITH RESPECT TO MEMBERS OF THE NEW YORK  STATE  AND
LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM,  A  MEMBER'S FINAL AVERAGE SALARY
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED DURING ANY
CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER WAS  CREDITED  WITH
FIVE  YEARS  OF  SERVICE  CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED
DURING ANY YEAR OF CREDITED SERVICE INCLUDED THE PERIOD USED  TO  DETER-
MINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVI-
OUS  FOUR  YEARS  OF  CREDITED  SERVICE  BY MORE THAN EIGHT PERCENT, THE
AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION
OF FINAL AVERAGE SALARY.
  c. Notwithstanding the provisions of subdivisions  a  and  b  of  this
section,  the  final average salary of an employee who has been a member
of the New York city employees' retirement system (OTHER THAN A NEW YORK
CITY  CORRECTION/SANITATION  REVISED  PLAN  MEMBER  OR  AN  INVESTIGATOR
REVISED  PLAN  MEMBER)  or the New York city teachers' retirement system
for less than one year shall be the projected one year salary, with  the
calculation  based  upon a twelve month projection of the sums earned in
the portion of the year worked.  If a member has been employed for  more
than  one  year but less than two years, then the member's final average
salary shall be the average of the first year and projected second  year
earnings  based  upon the calculation above, and if more than two years,
but less than three years, then one-third the total  of  the  first  two
years of employment plus the projected third year's earnings, calculated
as indicated above.
  d.  Subject  to  the  provisions of subdivision c of this section, and
notwithstanding the provisions of subdivision a of  this  section,  with
respect  to  members  of  the New York city employees' retirement system
(OTHER THAN A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER) and  the  New  York  city
board  of  education retirement system who are subject to the provisions
of this article, a member's final average  salary  shall  be  determined
pursuant  to  the  provisions  of paragraph thirteen of subdivision e of
section 13-638.4 of the administrative code of the city of New York.
  S 21. Subdivision h of section 513 of the retirement and social  secu-
rity  law,  as  added  by chapter 477 of the laws of 2005, is amended to
read as follows:
  h. Notwithstanding any other provision of this  section,  any  general
member in the uniformed correction force of the New York city department
of  [corrections]  CORRECTION who is absent without pay for a child care
leave of absence pursuant to regulations of the New York city department
of [corrections] CORRECTION shall be eligible for credit for such period
of child care leave provided such member files a claim for such  service
credit with the retirement system by December thirty-first, two thousand
five  or  within ninety days of the termination of the child care leave,
whichever is later, and contributes to the retirement system  an  amount
which such member would have contributed during the period of such child
care  leave,  together  with  interest  thereon. Service credit provided
pursuant to this subdivision shall not exceed one  year  of  credit  for
each  period  of  authorized  child  care leave. In the event there is a
conflict between the provisions of this subdivision and  the  provisions
of  any other law or code to the contrary, the provisions of this subdi-
vision shall govern, PROVIDED, HOWEVER,  THAT  THE  PROVISIONS  OF  THIS

S. 6255                            28                            A. 9055

SUBDIVISION  SHALL  NOT  APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE
NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY  UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
  S 22. Section 513 of the retirement and social security law is amended
by adding a new subdivision i to read as follows:
  I.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEW
YORK CITY POLICE/FIRE REVISED PLAN  MEMBERS,  NEW  YORK  CITY  UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN
MEMBERS SHALL NOT RECEIVE SERVICE CREDIT FOR ANY UNDOCUMENTED SICK LEAVE
THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
  S  23.  Subdivisions  a,  c and d of section 516 of the retirement and
social security law, subdivision a as amended by section 4 of part B  of
chapter  504  of the laws of 2009, subdivision c as added by chapter 890
of the laws of 1976 and subdivision d  as  amended  by  section  148  of
subpart B of part C of chapter 62 of the laws of 2011, are amended and a
new subdivision e is added to read as follows:
  a.  A  member who has five or more years of credited service or ten or
more years of credited service for members who first join the  New  York
state  and local employees' retirement system on or after January first,
two thousand ten upon termination of employment shall be entitled  to  a
deferred  vested  benefit  as  provided  herein.   FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT
SYSTEM  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWELVE, OR FOR NEW YORK
CITY  POLICE/FIRE  REVISED  PLAN  MEMBERS,  NEW  YORK   CITY   UNIFORMED
CORRECTION/SANITATION  REVISED PLAN MEMBERS OR INVESTIGATOR REVISED PLAN
MEMBERS, A MEMBER WHO HAS TWELVE OR MORE YEARS OF CREDITED SERVICE  UPON
TERMINATION OF EMPLOYMENT SHALL BE ENTITLED TO A DEFERRED VESTED BENEFIT
AS PROVIDED HEREIN.
  c.   1. The deferred vested benefit of police/fire members WHO ARE NOT
NEW YORK CITY POLICE/FIRE  REVISED  PLAN  MEMBERS  shall  be  a  pension
commencing  at  early retirement age equal to two and one-tenths percent
of final average salary times years  of  credited  service,  less  fifty
percent  of the primary social security retirement benefit commencing at
age sixty-two, as provided in section five hundred eleven OF THIS  ARTI-
CLE. A police/fire member WHO IS NOT A NEW YORK CITY POLICE/FIRE REVISED
PLAN  MEMBER may elect to receive his vested benefit commencing at early
retirement age or age fifty-five. If the vested benefit commences before
early retirement age, the benefit shall be reduced by one-fifteenth  for
each  year,  if any, that the member's early retirement age is in excess
of age sixty, and by one-thirtieth for each additional year by which the
vested benefit commences prior to early retirement age. If  such  vested
benefit is deferred until after such member's normal retirement age, the
benefit  shall  be computed and subject to annual escalation in the same
manner as provided for an early retirement benefit pursuant to  subdivi-
sion c of section five hundred five of this article.
  2.    THE DEFERRED VESTED BENEFIT OF NEW YORK CITY POLICE/FIRE REVISED
PLAN MEMBERS, NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBERS AND  INVESTIGATOR  REVISED  PLAN  MEMBERS  SHALL  BE  A  PENSION
COMMENCING AT AGE SIXTY-FIVE EQUAL TO TWO AND ONE-TENTH PERCENT OF FINAL
AVERAGE  SALARY  TIMES  YEARS OF CREDITED SERVICE, LESS FIFTY PERCENT OF
THE PRIMARY SOCIAL SECURITY RETIREMENT BENEFIT COMMENCING AT AGE  SIXTY-
TWO, AS PROVIDED IN SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE.
  d.  The  deferred  vested  benefit of general members in the uniformed
correction force of the New York city department of correction, who  are
not entitled to a deferred vested benefit under subdivision d of section
five  hundred  four-a  of this article or under subdivision d of section

S. 6255                            29                            A. 9055

five hundred four-b of this article or under subdivision  d  of  section
five  hundred  four-d  of  this  article,  or  of general members in the
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of  corrections  and  community  supervision,  as defined in
subdivision i of section eighty-nine of this  chapter,  with  twenty  or
more  years  of credited service shall be a pension commencing at normal
retirement age equal to one-fiftieth, OR ONE-SIXTIETH  FOR  MEMBERS  WHO
FIRST  BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, of final aver-
age salary times years of credited service,  not  in  excess  of  thirty
years.  The  deferred vested benefit of general members in the uniformed
correction force of the New York city department of correction, who  are
not entitled to a deferred vested benefit under subdivision d of section
five  hundred  four-a  of this article or under subdivision d of section
five hundred four-b of this article or under subdivision  d  of  section
five  hundred  four-d  of  this  article,  or  of general members in the
uniformed personnel in institutions under jurisdiction of the department
of corrections and community supervision, as defined in subdivision i of
section eighty-nine of this chapter, with  less  than  twenty  years  of
credited  service shall be a pension commencing at normal retirement age
equal to one-sixtieth of final average salary times  years  of  credited
service.    Such  deferred  vested benefit may be paid in the form of an
early service retirement benefit, or may be postponed until after normal
retirement age, in which event the benefit will be subject to  reduction
or  escalation as provided in subdivision c of section five hundred four
of this article.  MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO
THOUSAND  TWELVE  SHALL NOT BE ENTITLED TO SUCH EARLY SERVICE RETIREMENT
BENEFIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SUBDIVISION SHALL  NOT  APPLY  TO  A  MEMBER  OF  THE
UNIFORMED  FORCE  OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A
NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
  E. IN NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE  PAYABLE  WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH  RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
  S 24. Subdivision a of section 517 of the retirement and social  secu-
rity  law,  as  added  by chapter 890 of the laws of 1976, is amended to
read as follows:
  a. Members shall contribute three  percent  of  annual  wages  to  the
retirement  system  in  which  they  have membership, provided that such
contributions shall not be required for  more  than  thirty  years,  for
general  members,  or twenty-five years, for police/fire members, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF  THE  NEW  YORK  STATE  AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE,  MEMBERS  WITH WAGES OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS  WITH  WAGES
BETWEEN  THIRTY-TWO  THOUSAND  AND  ONE DOLLAR PER ANNUM AND SIXTY-THREE
THOUSAND DOLLARS PER ANNUM  SHALL  CONTRIBUTE  FIVE  PERCENT  OF  ANNUAL
WAGES,  AND  MEMBERS  WITH  WAGES ABOVE SIXTY-THREE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.    FOR  MEMBERS  WHO
FIRST  BECOME  MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM
ON OR AFTER APRIL FIRST, TWO THOUSAND  TWELVE,  MEMBERS  WITH  WAGES  OF
FORTY-THREE  THOUSAND  DOLLARS  PER  ANNUM OR LESS SHALL CONTRIBUTE FOUR
PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY-THREE THOUSAND
AND ONE DOLLAR PER ANNUM AND  EIGHTY-FIVE  THOUSAND  DOLLARS  PER  ANNUM

S. 6255                            30                            A. 9055

SHALL  CONTRIBUTE  FIVE  PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES
ABOVE EIGHTY-FIVE  THOUSAND  DOLLARS  PER  ANNUM  SHALL  CONTRIBUTE  SIX
PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW
YORK  CITY  POLICE  PENSION  FUND  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF SIXTY-ONE THOUSAND DOLLARS  PER  ANNUM  OR
LESS  SHALL  CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN SIXTY-ONE THOUSAND AND ONE DOLLAR  PER  ANNUM  AND  ONE  HUNDRED
TWENTY-TWO  THOUSAND  DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT OF
ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED TWENTY-TWO  THOU-
SAND DOLLARS PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR
MEMBERS  WHO  FIRST  BECOME MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT
PENSION FUND ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS  WITH
WAGES OF SIXTY-THREE THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE
FOUR  PERCENT  OF  ANNUAL  WAGES, MEMBERS WITH WAGES BETWEEN SIXTY-THREE
THOUSAND AND ONE DOLLAR PER ANNUM AND ONE  HUNDRED  TWENTY-SIX  THOUSAND
DOLLARS  PER  ANNUM  SHALL  CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND
MEMBERS WITH WAGES ABOVE ONE HUNDRED  TWENTY-SIX  THOUSAND  DOLLARS  PER
ANNUM  SHALL  CONTRIBUTE SIX PERCENT OF ANNUAL WAGES, PROVIDED, HOWEVER,
THAT NEW YORK CITY POLICE/FIRE  REVISED  PLAN  MEMBERS,  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS SHALL NOT BE REQUIRED TO  MAKE  SUCH  CONTRIBUTIONS
FOR  MORE  THAN  TWENTY-FIVE YEARS.   The head of each retirement system
shall promulgate such regulations as may be  necessary  and  appropriate
with  respect  to the deduction of such contribution from members' wages
and for the maintenance of any special fund or  funds  with  respect  to
amounts so contributed.
  S  25.  Subdivision  b  of  section 517-c of the retirement and social
security law, as amended by chapter 171 of the laws of 2011, is  amended
to read as follows:
  b.  A  member  of  the  New York state and local employees' retirement
system, the New York state and local police and fire retirement  system,
the  New  York  city  employees'  retirement system or the New York city
board of education retirement system in active service  who  has  credit
for  at  least  one year of member service may borrow, no more than once
during each twelve month period, an amount  not  exceeding  seventy-five
percent of the total contributions made pursuant to section five hundred
seventeen  OF  THIS ARTICLE (including interest credited at the rate set
forth in subdivision c of such section five hundred seventeen compounded
annually) and not less than one  thousand  dollars,  PROVIDED,  HOWEVER,
THAT  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR  AN  INVESTIGATOR
REVISED PLAN MEMBER.
  S  26.  The  retirement and social security law is amended by adding a
new section 517-d to read as follows:
  S  517-D.  ADDITIONAL  EMPLOYEE  CONTRIBUTIONS  AND  REDUCED  EMPLOYEE
CONTRIBUTIONS.  A.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON  OR  AFTER  APRIL
FIRST,  TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL
BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION TO THOSE MADE PURSUANT TO OTHER SECTIONS  OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  THE  FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE  REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.

S. 6255                            31                            A. 9055

  B.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST,  TWO  THOU-
SAND  TWELVE  IS  BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE
PURSUANT  TO  SECTION  FIVE  HUNDRED  SEVENTEEN OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO.  IN  YEARS
IN  WHICH  EMPLOYEE  CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS  SHALL
INCREASE  BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
  C. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS  OF  THE  NEW  YORK  CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE  EXCEEDS  A  RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET,  SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION  TO  THOSE  MADE  PURSUANT  TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  D.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY  EMPLOYEES'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO  OTHER  SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION  RATE  DIVIDED  BY  TWO.  IN
YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  E.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK  CITY  POLICE  PENSION  FUND  WHO  FIRST  BECAME
MEMBERS  OF  SUCH  SYSTEM  ON  OR AFTER APRIL FIRST, TWO THOUSAND TWELVE
EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE  CITY  OF
NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF THE BUDG-
ET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS  OF  ANNUAL  WAGES  IN  ADDITION  TO THOSE MADE PURSUANT TO OTHER
SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING  FORMULA:  THE
DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETERMINED
BY  THE  BUDGET  DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL OF
THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO.  IN  YEARS  IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.

S. 6255                            32                            A. 9055

  F.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK  CITY  POLICE  PENSION  FUND  WHO  FIRST  BECAME
MEMBERS  OF  SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE IS
BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW
YORK,  WITH  THE  APPROVAL OF THE NEW YORK STATE DIRECTOR OF THE BUDGET,
THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS OF THIS CHAP-
TER SHALL BE REDUCED IN  ACCORDANCE  WITH  THE  FOLLOWING  FORMULA:  THE
DIFFERENCE  OF  A  RATE  TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET  AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT  TO  THIS  SUBDIVI-
SION,  THE  EMPLOYER  CONTRIBUTION  RATE  TO  BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT  TO
THIS SUBDIVISION.
  G.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY FIRE  DEPARTMENT  PENSION  FUND  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET  DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE  ADDITIONAL  EMPLOYEE
CONTRIBUTIONS  OF  ANNUAL  WAGES  IN  ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY  THE  CITY  OF  NEW
YORK  SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
  H. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS  OF  THE  NEW  YORK  CITY FIRE DEPARTMENT PENSION FUND WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE  IS  BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET,  THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR
OF  THE  BUDGET  AND  THE  EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS IN WHICH EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED  PURSUANT  TO  THIS
SUBDIVISION,  THE  EMPLOYER  CONTRIBUTION  RATE  TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  S 27. Paragraphs 4 and 5 of  subdivision  a  of  section  600  of  the
retirement  and  social  security  law, as amended by chapter 370 of the
laws of 1996, are amended and a new paragraph 6  is  added  to  read  as
follows:
  4. Members qualified for participation in the uniformed transit police
force  plan or housing police force plan in the New York city employees'
retirement [systems] SYSTEM; [and]
  5. Investigator [member] MEMBERS  of  the  New  York  city  employees'
retirement system[.]; AND
  6.  MEMBERS  OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
SANITATION WHO JOIN OR REJOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.

S. 6255                            33                            A. 9055

  S 28. Subdivision l of section 601 of the retirement and social  secu-
rity  law,  as amended by section 5 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
  l.  "Wages"  shall  mean  regular compensation earned by and paid to a
member by a public employer, except that for members who first join  the
New  York  state  and local employees' retirement system or the New York
state teachers' retirement system on or after January first,  two  thou-
sand  ten, overtime compensation paid in any year in excess of the over-
time ceiling, as defined by this subdivision, shall not be  included  in
the  definition  of  wages.  "Overtime  compensation"  shall  mean,  for
purposes of this section, compensation paid  under  any  law  or  policy
under  which  employees  are  paid at a rate greater than their standard
rate for  additional  hours  worked  beyond  those  required,  including
compensation  paid  under  section  one hundred thirty-four of the civil
service law and section ninety of the general municipal law. The  "over-
time  ceiling"  shall mean fifteen thousand dollars per annum on January
first, two thousand ten, and shall be increased by three per  cent  each
year  thereafter.  FOR MEMBERS WHO FIRST JOIN A PUBLIC RETIREMENT SYSTEM
OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE FOLLOWING
ITEMS SHALL NOT BE INCLUDED IN THE  DEFINITION  OF  WAGES:  1.  OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT  A  RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND
THAT REQUIRED, INCLUDING SECTION ONE HUNDRED THIRTY-FOUR  OF  THE  CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, 2. WAGES IN
EXCESS  OF  THE  ANNUAL  SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, 3.   LUMP SUM  PAYMENTS
FOR  DEFERRED  COMPENSATION,  SICK  LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, 4. ANY FORM OF TERMINATION PAY, AND 5.  ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
  S 29. Section 601 of the retirement and social security law is amended
by adding a new subdivision m to read as follows:
  M.  "NEW YORK CITY REVISED PLAN MEMBER" SHALL MEAN A MEMBER OF THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM,  THE  NEW  YORK  CITY  TEACHERS'
RETIREMENT  SYSTEM  OR  THE  BOARD OF EDUCATION RETIREMENT SYSTEM OF THE
CITY OF NEW YORK WHO BECOMES SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  S  30.  Subdivisions a, b and b-1 of section 602 of the retirement and
social security law, subdivisions a  and  b  as  separately  amended  by
section  6  of part B and section 1 of part C of chapter 504 of the laws
of 2009 and subdivision b-1 as added by section 2 of part C  of  chapter
504 of the laws of 2009, are amended to read as follows:
  a. Except as provided in subdivision b-1 of this section, a member who
first  joins  a  public retirement system of this state on or after July
first, nineteen hundred seventy-six shall not be  eligible  for  service
retirement  benefits  hereunder until such member has rendered a minimum
of five years of credited service, except that a member who first  joins
the  New  York  state  and local employees' retirement system or the New
York state teachers' retirement system on or after  January  first,  two
thousand  ten  shall  not  be  eligible  for service retirement benefits
pursuant to this article until such member has rendered a minimum of ten
years of credited service.  A MEMBER WHO FIRST BECOMES  A  MEMBER  OF  A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSU-
ANT  TO  THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF TWELVE
YEARS OF CREDITED SERVICE.

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  b. Except as provided in subdivision b-1 of this section, a member who
previously was a member of a public  retirement  system  of  this  state
shall  not  be  eligible for service retirement benefits hereunder until
such member has rendered a minimum of five years  of  service  which  is
credited  pursuant to section six hundred nine of this article. A member
who first joins the New  York  state  and  local  employees'  retirement
system  or  the  New  York state teachers' retirement system on or after
January first, two thousand  ten  shall  not  be  eligible  for  service
retirement  benefits  pursuant  to  this  article  until such member has
rendered a minimum of ten years of credited service.  A MEMBER WHO FIRST
BECOMES A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR  AFTER
APRIL  FIRST,  TWO  THOUSAND  TWELVE  SHALL  NOT BE ELIGIBLE FOR SERVICE
RETIREMENT BENEFITS PURSUANT TO  THIS  ARTICLE  UNTIL  SUCH  MEMBER  HAS
RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
  b-1.  Notwithstanding  the  provisions  of  subdivision a or b of this
section or any other provision of law to the contrary, (i) a  member  of
the  New  York  city  teachers'  retirement  system who holds a position
represented  by  the  recognized  teacher  organization  for  collective
bargaining  purposes,  and  who became subject to the provisions of this
article after the effective date of this subdivision, or (ii)  a  member
of  the  New  York city board of education retirement system who holds a
position represented by the recognized teacher organization for  collec-
tive  bargaining  purposes,  and who became subject to the provisions of
this article after the effective date of this subdivision, shall not  be
eligible for service retirement benefits hereunder until such member has
rendered  a minimum of ten years of credited service, PROVIDED, HOWEVER,
THAT NO SUCH MEMBER OF EITHER OF SUCH RETIREMENT SYSTEMS WHO  IS  A  NEW
YORK  CITY  REVISED PLAN MEMBER SHALL BE ELIGIBLE FOR SERVICE RETIREMENT
BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINI-
MUM OF TWELVE YEARS OF CREDITED SERVICE.
  S 31. Subdivision a of section 603 of the retirement and social  secu-
rity  law,  as amended by section 7 of part B of chapter 504 of the laws
of 2009, is amended and a new  subdivision  a-1  is  added  to  read  as
follows:
  a.    The  service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the  mini-
mum  service  requirements  upon retirement and attainment of age sixty-
two, other than members who are eligible for  early  service  retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d  of  section  six  hundred  four-d  of  this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c  of  section  six  hundred
four-g  of  this article, subdivision c of section six hundred four-h of
this article or subdivision c of section  six  hundred  four-i  of  this
article, provided, however, a member of a teachers' retirement system or
the  New  York  state  and  local employees' retirement system who first
joins such system before January first, two thousand ten or a member who
is a uniformed court officer or peace officer employed  by  the  unified
court  system WHO FIRST BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE may
retire without reduction of his or her retirement benefit  upon  attain-
ment  of  at  least  fifty-five years of age and completion of thirty or
more years of service, provided, however, that a uniformed court officer
or peace officer employed by the unified court system who first  becomes
a member of the New York state and local employees' retirement system on

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or  after  January first, two thousand ten and retires without reduction
of his or her retirement benefit upon attainment of at least  fifty-five
years  of age and completion of thirty or more years of service pursuant
to  this  section  shall  be  required  to make the member contributions
required by subdivision f of section six hundred thirteen of this  arti-
cle  for  all years of credited and creditable service, PROVIDED FURTHER
THAT THE THE PRECEDING PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO
A NEW YORK CITY REVISED PLAN MEMBER.
  A-1.  FOR MEMBERS WHO FIRST BECOME A MEMBER  OF  A  PUBLIC  RETIREMENT
SYSTEM  OF  THE  STATE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE
SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED FOUR OF THIS
ARTICLE SHALL BE PAYABLE TO MEMBERS WHO HAVE  MET  THE  MINIMUM  SERVICE
REQUIREMENTS UPON RETIREMENT AND HAVE ATTAINED AGE SIXTY-FIVE.
  S  32. Subdivision i of section 603 of the retirement and social secu-
rity law, as amended by section 8 of part B of chapter 504 of  the  laws
of 2009, is amended to read as follows:
  i.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO MEMBERS WHO
FIRST BECOME A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE  ON  OR
AFTER  APRIL  FIRST,  TWO  THOUSAND  TWELVE.  1. A member of a teachers'
retirement system or the New York state and local employees'  retirement
system  who  has  met  the minimum service requirements but who has less
than thirty years of credited service or a member who  first  joins  the
New  York  state  and local employees' retirement system or the New York
state teachers' retirement system on or after January first,  two  thou-
sand  ten may retire prior to normal retirement age, but no earlier than
attainment of age fifty-five, in which event, unless such  person  is  a
member of the New York city teachers' retirement system who is otherwise
eligible  for  early  service  retirement  pursuant  to subdivision c of
section six hundred four-i of this article, the amount  of  his  or  her
retirement  benefit  otherwise  computed  without  optional modification
shall be reduced in accordance with the following  schedule:    (i)  for
each  of  the first twenty-four full months that retirement predates age
sixty-two, one-half of one per centum per month; provided, however, that
for members who first join the  New  York  state  and  local  employees'
retirement  system  or the New York state teachers' retirement system on
or after January first, two thousand ten, such amounts shall be equal to
one-fifteenth per year; and
  (ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month; provided, however, that for members who
first join the New York state and local employees' retirement system  or
the  New  York  state  teachers'  retirement  system on or after January
first, two thousand ten, such amounts shall be  equal  to  one-twentieth
per year, but in no event shall retirement be permitted prior to attain-
ment of age fifty-five.
  2.  A  member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year early retirement program, as defined in  paragraph  ten
of subdivision a of section six hundred four-c of this article (as added
by  chapter  ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as  defined
in  paragraph  three  of  subdivision b of section six hundred four-d of
this article, or (c) a  New  York  city  transit  authority  member,  as
defined  in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior  to  normal  retirement  age,  but  no
earlier  than  attainment of age fifty-five, in which event, unless such

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person is a member of the board of education retirement system  of  such
city  who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the  amount
of  his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
  (i) for each of the first  twenty-four  full  months  that  retirement
predates age sixty-two, one-half of one per centum per month; and
  (ii) for each full month that retirement predates age sixty, one-quar-
ter  of  one  per  centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
  S 33. Subdivision t of section 603 of the retirement and social  secu-
rity  law,  as added by section 8-a of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
  t. Members who join the New York state teachers' retirement system  on
or  after  January  first, two thousand ten, shall be eligible to retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-seven years of age and completion of thirty or more years of
service. Members who retire pursuant to the provisions of this  subdivi-
sion  shall  be  required  to  make the member contributions required by
subdivision g of section six hundred thirteen of this  article  for  all
years of credited and creditable service.  THE PROVISIONS OF THIS SUBDI-
VISION  SHALL  NOT APPLY TO MEMBERS WHO FIRST BECOME A MEMBER OF THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO
THOUSAND TWELVE.
  S 34. Section 604 of the retirement and social security law is amended
by adding a new subdivision b-1 to read as follows:
  B-1.    THE  SERVICE RETIREMENT BENEFIT FOR MEMBERS WHO FIRST BECOME A
MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE  STATE  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND TWELVE AT AGE SIXTY-FIVE SHALL BE A PENSION EQUAL TO
ONE-SIXTIETH  OF  FINAL  AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE,
NOT IN EXCESS OF THIRTY YEARS. CREDITED  SERVICE  IN  EXCESS  OF  THIRTY
YEARS  SHALL  PROVIDE  AN ADDITIONAL RETIREMENT ALLOWANCE EQUAL TO THREE
TWO-HUNDREDTHS OF THE FINAL AVERAGE SALARY FOR  EACH  YEAR  OF  CREDITED
SERVICE  IN  EXCESS  OF THIRTY YEARS.   IN NO EVENT SHALL ANY RETIREMENT
BENEFIT PAYABLE WITHOUT OPTIONAL MODIFICATION BE LESS THAN THE  ACTUARI-
ALLY  EQUIVALENT  ANNUITIZED VALUE OF THE MEMBER'S CONTRIBUTIONS ACCUMU-
LATED WITH INTEREST AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE
DATE OF RETIREMENT.
  S 35. Paragraph 1 of subdivision d of section 604-b of the  retirement
and  social  security law, as amended by chapter 10 of the laws of 2000,
is amended to read as follows:
  1. A participant in the twenty-five-year and age fifty-five retirement
program who:
  (i) discontinues city-service and service as a member of the New  York
city transit authority other than by death or retirement; and
  (ii)  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, prior to such discontinuance, completed five but less  than
twenty-five  years  of allowable service in the transit authority OR, IN
THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,
HAS  COMPLETED  TWELVE  BUT  LESS  THAN  TWENTY-FIVE  YEARS OF ALLOWABLE
SERVICE IN THE TRANSIT AUTHORITY PRIOR TO SUCH DISCONTINUANCE; and
  (iii) has paid, prior to such discontinuance,  all  additional  member
contributions  and  interest,  if any, required by subdivision e of this
section; and
  (iv) does not withdraw in whole or in  part  his  or  her  accumulated
member  contributions  pursuant  to section six hundred thirteen of this

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article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together  with  interest,  pursuant  to
such  section six hundred thirteen of this article; shall be entitled to
receive  a  deferred  vested  benefit as provided in section six hundred
twelve of this article.
  S 36. Subparagraph (ii) of paragraph 3 of  subdivision  d  of  section
604-b of the retirement and social security law, as added by chapter 352
of the laws of 1997, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 37. Subdivision b of section 604-c  of  the  retirement  and  social
security  law, as added by chapter 96 of the laws of 1995, is amended by
adding a new paragraph 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SUBDIVISION  OR  ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE  PROVISIONS  OF  THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE TWENTY-FIVE-YEAR  EARLY  RETIRE-
MENT PROGRAM.
  S  38. Paragraph 1 of subdivision d of section 604-c of the retirement
and social security law, as amended by chapter 659 of the laws of  1999,
is amended to read as follows:
  1. A participant in the twenty-year/age fifty retirement program who:
  (i)  discontinues  service  as  a Triborough bridge and tunnel member,
other than by death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER, prior to such discontinuance, completed five but less than
twenty years of credited service OR, IN THE CASE OF A PARTICIPANT WHO IS
A NEW YORK CITY REVISED PLAN MEMBER, HAS COMPLETED TWELVE BUT LESS  THAN
TWENTY YEARS OF CREDITED SERVICE; and
  (iii)  has  paid,  prior to such discontinuance, all additional member
contributions and interest (if any) required by subdivision  e  of  this
section; and
  (iv)  does  not  withdraw  in  whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  39.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-c of the retirement and social security law, as added by chapter 472
of the laws of 1995, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S  40.  Subdivision  c  of  section 604-d of the retirement and social
security law is amended by  adding  a  new  paragraph  3-a  to  read  as
follows:
  3-A.    NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO

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THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE  DATE  OF  THIS
PARAGRAPH  SHALL  BE  A  PARTICIPANT  IN  THE AGE FIFTY-SEVEN RETIREMENT
PROGRAM.
  S  41. Paragraph 1 of subdivision d of section 604-e of the retirement
and social security law, as added by chapter 576 of the laws of 2000, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i) who discontinues service as such  a  participant,  other  than  by
death or retirement; and
  (ii)  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five  but  less
than  twenty-five  years of allowable service as a dispatcher member OR,
IN THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER,
WHO PRIOR TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS  THAN  TWEN-
TY-FIVE YEARS OF ALLOWABLE SERVICE AS A DISPATCHER MEMBER; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e  of  this  section,  has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required  by  subdivi-
sion e of this section; and
  (iv)  who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  42.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-e of the retirement and social security law, as added by chapter 576
of the laws of 2000, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S  43. Paragraph 1 of subdivision d of section 604-e of the retirement
and social security law, as added by chapter 577 of the laws of 2000, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i) who discontinues service as such  a  participant,  other  than  by
death or retirement; and
  (ii)  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five  but  less
than  twenty-five years of allowable service as an EMT member OR, IN THE
CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED  PLAN  MEMBER,  WHO
PRIOR TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE
YEARS OF ALLOWABLE SERVICE AS AN EMT MEMBER; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e  of  this  section,  has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required  by  subdivi-
sion e of this section; and
  (iv)  who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.

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  S  44.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-e of the retirement and social security law, as added by chapter 577
of the laws of 2000, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 45. Paragraph 1 of subdivision d of section 604-f of the  retirement
and social security law, as added by chapter 559 of the laws of 2001, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i)  who  discontinues  service  as  such a participant, other than by
death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER,  who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A  PARTIC-
IPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT  LESS  THAN  TWENTY-FIVE  YEARS  OF
CREDITED SERVICE; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e  of  this  section,  has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required  by  subdivi-
sion e of this section; and
  (iv)  who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  46.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-f of the retirement and social security law, as added by chapter 559
of the laws of 2001, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S  47. Paragraph 1 of subdivision d of section 604-f of the retirement
and social security law, as added by chapter 582 of the laws of 2001, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i) who discontinues service as such  a  participant,  other  than  by
death or retirement; and
  (ii)  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five  but  less
than  twenty-five years of allowable service as a special officer, park-
ing control specialist, school safety agent,  campus  peace  officer  or
taxi and limousine inspector member OR, IN THE CASE OF A PARTICIPANT WHO
IS  A  NEW  YORK  CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH DISCONTIN-
UANCE, COMPLETED TWELVE BUT LESS THAN  TWENTY-FIVE  YEARS  OF  ALLOWABLE
SERVICE  AS A SPECIAL OFFICER, PARKING CONTROL SPECIALIST, SCHOOL SAFETY
AGENT, CAMPUS PEACE OFFICER OR TAXI AND LIMOUSINE INSPECTOR MEMBER; and

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  (iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to  such  discontinuance,  all  addi-
tional  member  contributions and interest, if any, required by subdivi-
sion e of this section; and
  (iv)  who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  48.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-f of the retirement and social security law, as added by chapter 582
of the laws of 2001, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S  49. Paragraph 1 of subdivision d of section 604-g of the retirement
and social security law, as added by chapter 414 of the laws of 2002, is
amended to read as follows:
  1. A participant in the twenty-five year/age fifty retirement program:
  (i) who discontinues service as such  a  participant,  other  than  by
death or retirement; and
  (ii)  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five  but  less
than  twenty-five years of credited service OR, IN THE CASE OF A PARTIC-
IPANT WHO IS A NEW YORK CITY REVISED PLAN  MEMBER,  WHO  PRIOR  TO  SUCH
DISCONTINUANCE,  COMPLETED  TWELVE  BUT  LESS  THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to  such  discontinuance,  all  addi-
tional  member  contributions and interest (if any) required by subdivi-
sion e of this section; and
  (iv) who does not withdraw in whole or in part his or her  accumulated
member  contributions  pursuant  to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together  with  interest,  pursuant  to
such  section  six  hundred  thirteen;  shall  be  entitled to receive a
deferred vested benefit as provided in this subdivision.
  S 50. Subparagraph (ii) of paragraph 2 of  subdivision  d  of  section
604-g of the retirement and social security law, as added by chapter 414
of the laws of 2002, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 51. Paragraph 1 of subdivision d of section 604-h of the  retirement
and social security law, as added by chapter 682 of the laws of 2003, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i)  who  discontinues  service  as  such a participant, other than by
death or retirement; and

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  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER,  who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A  PARTIC-
IPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE,  COMPLETED  TWELVE  BUT  LESS  THAN TWENTY-FIVE YEARS OF
CREDITED SERVICE; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to  such  discontinuance,  all  addi-
tional  member  contributions and interest (if any) required by subdivi-
sion e of this section; and
  (iv) who does not withdraw in whole or in part his or her  accumulated
member  contributions  pursuant  to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together  with  interest,  pursuant  to
such  section  six  hundred  thirteen;  shall  be  entitled to receive a
deferred vested benefit as provided in this subdivision.
  S 52. Subparagraph (ii) of paragraph 2 of  subdivision  d  of  section
604-h of the retirement and social security law, as added by chapter 682
of the laws of 2003, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 53. Subdivision b of section 604-i  of  the  retirement  and  social
security  law  is  amended  by  adding  a  new  paragraph 5-a to read as
follows:
  5-A.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION  OR  ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE  PROVISIONS  OF  THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE  A  PARTICIPANT  IN  THE  AGE  FIFTY-FIVE  RETIREMENT
PROGRAM.
  S  54. Subdivisions a, b, c and d of section 608 of the retirement and
social security law, subdivision a as amended by chapter 379 of the laws
of 1986, subdivisions b and c as amended by chapter 286 of the  laws  of
2010  and subdivision d as added by chapter 749 of the laws of 1992, are
amended to read as follows:
  a. [A] FOR MEMBERS WHO FIRST BECOME MEMBERS  OF  A  PUBLIC  RETIREMENT
SYSTEM  OF THE STATE BEFORE APRIL FIRST, TWO THOUSAND TWELVE, A member's
final average salary shall be the average wages earned by such a  member
during  any  three  consecutive  years which provide the highest average
wage; provided, however, if the wages earned during any year included in
the period used to determine final average salary exceeds  that  of  the
average  of  the previous two years by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary.  FOR MEMBERS WHO FIRST BECOME MEMBERS OF  THE  NEW  YORK
STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM  OR THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM  ON  OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  A  MEMBER'S  FINAL  AVERAGE  SALARY  SHALL BE THE AVERAGE WAGES
EARNED BY SUCH MEMBER DURING ANY FIVE CONSECUTIVE  YEARS  WHICH  PROVIDE
THE  HIGHEST AVERAGE WAGE; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING
ANY YEAR INCLUDED IN THE PERIOD USED TO DETERMINE FINAL  AVERAGE  SALARY
EXCEEDS  THAT  OF  THE  AVERAGE  OF THE PREVIOUS FOUR YEARS BY MORE THAN
EIGHT PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL  BE  EXCLUDED
FROM  THE  COMPUTATION OF FINAL AVERAGE SALARY. Where the period used to

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determine final average salary is the period which immediately  precedes
the  date  of  retirement, any month or months (not in excess of twelve)
which would otherwise be included in computing final average salary  but
during  which  the  member was on authorized leave of absence at partial
pay or without pay shall be excluded from the computation of final aver-
age salary and the month  or  an  equal  number  of  months  immediately
preceding such period shall be substituted in lieu thereof.
  b.  Notwithstanding  the  provisions of subdivision a of this section,
with respect to members WHO FIRST BECAME MEMBERS of the New  York  state
AND  LOCAL  employees' retirement system and the New York city teachers'
retirement system BEFORE APRIL FIRST, TWO THOUSAND  TWELVE,  a  member's
final  average  salary  shall be equal to one-third of the highest total
wages earned by such member during any continuous period  of  employment
for  which  the  member was credited with three years of service credit;
provided, however, if the wages  earned  during  any  year  of  credited
service  included  in  the period used to determine final average salary
exceeds the average of the wages of the previous two years  of  credited
service  by  more  than ten percent, the amount in excess of ten percent
shall be excluded from the computation of  final  average  salary.  WITH
RESPECT  TO  MEMBERS  WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM  AND  THE  NEW  YORK  CITY  TEACHERS'
RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL  FIRST,  TWO THOUSAND TWELVE, A
MEMBER'S FINAL AVERAGE SALARY SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST
TOTAL WAGES EARNED BY  SUCH  MEMBER  DURING  ANY  CONTINUOUS  PERIOD  OF
EMPLOYMENT  FOR WHICH THE MEMBER WAS CREDITED WITH FIVE YEARS OF SERVICE
CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING ANY YEAR OF  CRED-
ITED  SERVICE  INCLUDED  IN  THE  PERIOD USED TO DETERMINE FINAL AVERAGE
SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVIOUS  FOUR  YEARS  OF
CREDITED  SERVICE  BY  MORE  THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION  OF  FINAL  AVERAGE
SALARY.
  c.  Notwithstanding  the  provisions  of  subdivisions a and b of this
section, the final average salary of an employee who has been  a  member
of  the  New York city employees' retirement system or the New York city
teachers' retirement system for less than one year shall be the project-
ed one year salary, with the  calculation  based  upon  a  twelve  month
projection  of  the sums earned in the portion of the year worked.  If a
member has been employed for more than one year but less than two years,
then the member's final average salary shall be the average of the first
year and projected second  year  earnings  based  upon  the  calculation
above,  and if more than two years, but less than three years, then one-
third the total of the first two years of employment plus the  projected
third year's earnings, calculated as indicated above, PROVIDED THAT THIS
SUBDIVISION  SHALL  NOT  APPLY TO A NEW YORK CITY REVISED PLAN MEMBER OF
THE NEW YORK CITY EMPLOYEES'  RETIREMENT  SYSTEM  OR  A  NEW  YORK  CITY
REVISED PLAN MEMBER OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM.
  d.  Subject  to  the  provisions of subdivision c of this section, and
notwithstanding the provisions of subdivision a of  this  section,  with
respect to members of the New York city employees' retirement system and
the  New  York city board of education retirement system who are subject
to the provisions of this article, a member's final average salary shall
be determined pursuant to the provisions of paragraph fourteen of SUBDI-
VISION E OF section 13-638.4 of the administrative code of the  city  of
New  York, PROVIDED, HOWEVER, THAT THE APPLICABLE PROVISIONS AND LIMITA-
TIONS OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L  OF  SECTION  SIX

S. 6255                            43                            A. 9055

HUNDRED ONE OF THIS ARTICLE, SHALL APPLY TO SUCH DETERMINATIONS OF FINAL
AVERAGE SALARY.
  S  55.  Paragraph  2 of subdivision b of section 609 of the retirement
and social security law, as amended by section 8-c of part B of  chapter
504 of the laws of 2009, is amended to read as follows:
  2.  Previous  service  credit  shall not be granted unless such member
applies therefor and repays the amount refunded by a  public  retirement
system  of  the  state  for  service rendered after July first, nineteen
hundred seventy-six together with interest through the date of repayment
at the rate of five percent per  annum  compounded  annually  and  three
percent of the wages earned for service prior to that date together with
interest  from July first, nineteen hundred seventy-six through the date
of payment at the rate of five percent per annum compounded annually and
three percent of the wages earned for service which predates the date of
entry into the retirement system together with interest at the  rate  of
five percent per annum compounded annually from the date of such service
until  the  date  of payment. Anything in this paragraph to the contrary
notwithstanding, in order to obtain credit for previous service, members
who first join the New York state  teachers'  retirement  system  on  or
after  January  first,  two  thousand  ten  shall pay three and one-half
percent of wages earned for service which predates  the  date  of  entry
into  the  retirement  system together with interest at the rate of five
percent per annum compounded annually from  the  date  of  such  service
until  the  date of payment.  ANYTHING IN THIS PARAGRAPH TO THE CONTRARY
NOTWITHSTANDING, IN ORDER TO OBTAIN CREDIT FOR PREVIOUS SERVICE, MEMBERS
WHO FIRST JOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE SHALL PAY SIX PERCENT  OF  WAGES  EARNED  FOR
SERVICE  WHICH  PREDATES  THE  DATE  OF ENTRY INTO THE RETIREMENT SYSTEM
TOGETHER WITH INTEREST AT THE RATE OF FIVE PERCENT PER ANNUM  COMPOUNDED
ANNUALLY FROM THE DATE OF SUCH SERVICE UNTIL THE DATE OF PAYMENT.
  S 56. Section 609 of the retirement and social security law is amended
by adding a new subdivision h to read as follows:
  H.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NEW
YORK CITY REVISED PLAN MEMBER SHALL NOT RECEIVE SERVICE CREDIT  FOR  ANY
UNDOCUMENTED SICK LEAVE THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
  S  57.  Subdivisions  a  and  a-1 of section 612 of the retirement and
social security law, subdivision a as separately amended by section 9 of
part B and section 3 of part C of chapter 504 of the laws  of  2009  and
subdivision  a-1  as  added by section 4 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
  a. Except as provided in subdivision a-1 of this section, a member who
has five or more years of credited service, or  ten  or  more  years  of
credited  service  for  a member who first joined the New York state and
local employees' retirement system  or  the  New  York  state  teachers'
retirement  system  on  or  after  January first, two thousand ten, upon
termination of employment, other than a member  who  is  entitled  to  a
deferred vested benefit pursuant to any other provision of this article,
shall  be entitled to a deferred vested benefit at normal retirement age
computed in accordance with the provisions of section six  hundred  four
of  this article. Except as provided in subdivision a-1 of this section,
a member of a teachers' retirement system or  the  New  York  state  and
local employees' retirement system who has five or more years of credit-
ed  service,  or  ten or more years of credited service for a member who
first becomes a member of  the  New  York  state  and  local  employees'
retirement  system  or the New York state teachers' retirement system on
or after January first, two thousand ten, upon termination of employment

S. 6255                            44                            A. 9055

shall be entitled to a deferred vested benefit prior to  normal  retire-
ment  age,  but  no  earlier than age fifty-five, computed in accordance
with the provisions of subdivision i of section  six  hundred  three  of
this  article  AS  AMENDED  BY  SECTION  EIGHT OF PART B OF CHAPTER FIVE
HUNDRED FOUR OF THE LAWS OF TWO THOUSAND NINE.  ANYTHING TO THE CONTRARY
NOTWITHSTANDING, A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME A MEMBER OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO  THOU-
SAND TWELVE MUST HAVE AT LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER
TO QUALIFY FOR A DEFERRED VESTED BENEFIT UNDER THIS SECTION; SUCH MEMBER
SHALL  NOT  BE ENTITLED TO SUCH BENEFIT PRIOR TO THE MEMBER'S ATTAINMENT
OF AGE SIXTY-FIVE; AND SUCH DEFERRED VESTED BENEFIT  SHALL  BE  COMPUTED
PURSUANT TO SUBDIVISION B-1 OF SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
  a-1.  Notwithstanding  the provisions of subdivision a of this section
or any other provision of law to the contrary, (i) a member of  the  New
York  city  teachers' retirement system who holds a position represented
by  the  recognized  teacher  organization  for  collective   bargaining
purposes, who became subject to the provisions of this article after the
effective  date  of  this  subdivision, and who has ten or more years of
credited service, or (ii) a member of the New York city board of  educa-
tion  retirement  system  who holds a position represented by the recog-
nized teacher  organization  for  collective  bargaining  purposes,  who
became  subject  to  the  provisions of this article after the effective
date of this subdivision, and who has ten  or  more  years  of  credited
service,  other  than such a member of either of such retirement systems
who is entitled to a deferred  vested  benefit  pursuant  to  any  other
provision  of  this  article,  shall, upon termination of employment, be
entitled to a deferred vested benefit at normal retirement age  computed
in  accordance  with  the provisions of section six hundred four of this
article.   Notwithstanding the  provisions  of  subdivision  a  of  this
section  or  any other provision of law to the contrary, a member of the
New York city teachers' retirement system who holds a  position  repres-
ented  by  the recognized teacher organization for collective bargaining
purposes, who became subject to the provisions of this article after the
effective date of this subdivision, and who has ten  or  more  years  of
credited  service, shall, upon termination of employment, be entitled to
a deferred vested benefit prior to normal retirement age, but no earlier
than age fifty-five, computed  in  accordance  with  the  provisions  of
subdivision  i  of  section six hundred three of this article, PROVIDED,
HOWEVER, THAT ANY SUCH MEMBER OF EITHER OF SUCH RETIREMENT  SYSTEMS  WHO
IS  A  NEW  YORK  CITY  REVISED PLAN MEMBER SHALL BE REQUIRED TO HAVE AT
LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER TO  BE  ELIGIBLE  FOR  A
DEFERRED VESTED BENEFIT, SUCH MEMBER SHALL NOT BE ENTITLED TO PAYABILITY
OF  SUCH BENEFIT PRIOR TO ATTAINMENT OF AGE SIXTY-FIVE AND SUCH DEFERRED
VESTED BENEFIT SHALL BE COMPUTED PURSUANT TO SUBDIVISION B-1 OF  SECTION
SIX HUNDRED FOUR OF THIS ARTICLE.
  S  58. Paragraphs 1 and 2 of subdivision a and subdivisions c, f and g
of section 613 of the retirement and social security law, paragraph 1 of
subdivision a as amended and paragraph 2 of subdivision a  as  added  by
chapter  10 of the laws of 2000, subdivision c as amended by chapter 389
of the laws of 1998 and subdivisions f and g as added by section 9-a  of
part  B  of  chapter  504  of  the  laws of 2009, are amended to read as
follows:
  1. Except as provided by paragraph two of  this  subdivision,  members
shall  contribute three percent of annual wages to the retirement system
in which they have membership, EXCEPT THAT FOR MEMBERS WHO FIRST  BECOME
MEMBERS  OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON

S. 6255                            45                            A. 9055

OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES  OF  THIR-
TY-TWO  THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT
OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND AND  ONE
DOLLAR  PER  ANNUM  AND  SIXTY-THREE  THOUSAND  DOLLARS  PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS  WITH  WAGES  ABOVE
SIXTY-THREE  THOUSAND  PER  ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES.   FOR MEMBERS WHO FIRST BECOME  MEMBERS  OF  THE  NEW  YORK  CITY
EMPLOYEES'  RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF FORTY-THREE THOUSAND DOLLARS PER ANNUM  OR
LESS  SHALL  CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN FORTY-THREE THOUSAND AND ONE DOLLAR PER  ANNUM  AND  EIGHTY-FIVE
THOUSAND  DOLLARS  PER  ANNUM  SHALL  CONTRIBUTE  FIVE PERCENT OF ANNUAL
WAGES, AND MEMBERS WITH WAGES ABOVE EIGHTY-FIVE THOUSAND PER ANNUM SHALL
CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR  MEMBERS  WHO  FIRST  BECOME
MEMBERS  OF  THE  NEW  YORK CITY TEACHERS' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE,  MEMBERS  WITH  WAGES  OF  FORTY-SEVEN
THOUSAND  DOLLARS  PER  ANNUM  OR  LESS SHALL CONTRIBUTE FOUR PERCENT OF
ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY SEVEN  THOUSAND  AND  ONE
DOLLAR  PER  ANNUM  AND  NINETY-FOUR  THOUSAND  DOLLARS  PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS  WITH  WAGES  ABOVE
NINETY-FOUR  THOUSAND  PER  ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK  CITY  BOARD
OF  EDUCATION  RETIREMENT  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, MEMBERS WITH WAGES OF TWENTY-SIX THOUSAND DOLLARS PER  ANNUM  OR
LESS  SHALL  CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES
BETWEEN TWENTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM AND FIFTY-TWO THOU-
SAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT  OF  ANNUAL  WAGES,
AND MEMBERS WITH WAGES ABOVE FIFTY-TWO THOUSAND PER ANNUM SHALL CONTRIB-
UTE  SIX  PERCENT  OF ANNUAL WAGES.   The head of each retirement system
shall promulgate such regulations as may be  necessary  and  appropriate
with  respect  to the deduction of such contribution from members' wages
and for the maintenance of any special fund or  funds  with  respect  to
amounts so contributed.
  2.  A  member of the New York city employees' retirement system who is
eligible to be a participant in the twenty-five-year and age  fifty-five
retirement  program,  as  defined  by paragraph five of subdivision a of
section six hundred four-b of this article shall contribute two  percent
of  annual  wages  to  such system effective on the starting date of the
elimination  of  additional  member  contributions,  as  defined  in  an
election  made pursuant to paragraph ten of subdivision e of section six
hundred four-b of this article, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM  ON  OR  AFTER
APRIL  FIRST,  TWO  THOUSAND  TWELVE,  MEMBERS WITH WAGES OF FORTY-THREE
THOUSAND DOLLARS PER ANNUM OR LESS  SHALL  CONTRIBUTE  FOUR  PERCENT  OF
ANNUAL  WAGES,  MEMBERS  WITH WAGES BETWEEN FORTY-THREE THOUSAND AND ONE
DOLLAR PER ANNUM  AND  EIGHTY-FIVE  THOUSAND  DOLLARS  PER  ANNUM  SHALL
CONTRIBUTE  FIVE  PERCENT  OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
EIGHTY-FIVE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX  PERCENT  OF  ANNUAL
WAGES.
  c.  Notwithstanding  any  other  provision  of  law to the contrary, a
person whose membership in a public  retirement  system  has  terminated
other  than as a result of transfer, retirement or death, or a member of
a public retirement system who is not vested and  not  entitled  to  any
other  benefit from such system under this article, and who no longer is
employed by a participating employer of such public retirement system in
a position upon which his or her membership is based, may  withdraw  his

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or her member contributions by filing a written demand for withdrawal of
contributions  and  membership pursuant to rules and regulations promul-
gated by the public retirement system of which he or she  is  a  member.
Upon the death of a person whose membership previously terminated due to
lack  of  credited  service  and  who did not withdraw his or her member
contributions, or upon the death of a member, provided a  death  benefit
pursuant  to  section six hundred seven of this article is not paid, the
member contributions of such person shall be refunded to such person  as
he  or  she  shall  have nominated to receive a death benefit by written
designation duly executed and filed with the  public  retirement  system
or,  in  the  absence  of  such  designation,  to his or her estate. For
purposes of such refunds, interest shall be credited at the rate of five
percent per annum compounded annually to  the  date  of  termination  of
membership.  Provided,  however,  if a death benefit is paid pursuant to
section six hundred seven of this article, such benefit shall be in lieu
of the refund of such contributions pursuant to this subdivision, howev-
er, in no event shall such death benefit be less than the amount payable
pursuant to this subdivision. Notwithstanding the above,  or  any  other
provision  of  law  to  the contrary, a member may, upon separation from
service of the state or a participating employer, withdraw  his  or  her
member  contributions  pursuant to the applicable provision of law until
such date as such individual has accrued ten years of  credited  service
in  such  system.  However,  the withdrawal of contributions pursuant to
this section by an individual who has accrued at  least  five  years  of
creditable  service shall terminate his or her membership and all rights
in such retirement system in the same manner as withdrawal  of  contrib-
utions  would  terminate  the  membership  of  an individual who has not
attained vested status. Nothing in this section shall  be  construed  as
permitting an individual who has accrued at least ten years of credit in
a retirement system to withdraw member contributions, OR TWELVE YEARS OF
CREDIT  IN A PUBLIC RETIREMENT SYSTEM OF THE STATE FOR MEMBERS WHO FIRST
BECOME MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE  ON  OR  AFTER
APRIL FIRST, TWO THOUSAND TWELVE.
  f.  Anything in subdivision a of this section to the contrary notwith-
standing a member employed as a uniformed court officer or peace officer
in the unified court system who first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall contribute four percent of annual wages to the New York state  and
local  employees'  retirement  system, EXCEPT THAT FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT
SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES
OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR LESS SHALL  CONTRIBUTE  FOUR
PERCENT  OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND
AND DOLLAR PER ANNUM AND SIXTY-THREE THOUSAND DOLLARS  PER  ANNUM  SHALL
CONTRIBUTE  FIVE  PERCENT  OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
SIXTY-THREE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX  PERCENT  OF  ANNUAL
WAGES.  The  head  of the New York state and local employees' retirement
system shall promulgate such regulations as may be necessary and  appro-
priate  with respect to the deduction of such contribution from members'
wages and for the maintenance of any special fund or funds with  respect
to amounts so contributed.
  g.  Members  who  first  join  the New York state teachers' retirement
system on or after January first,  two  thousand  ten  shall  contribute
three  and one-half percent of annual wages to the New York state teach-
ers' retirement system, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME MEMBERS
OF THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL

S. 6255                            47                            A. 9055

FIRST,  TWO  THOUSAND TWELVE, MEMBERS WITH WAGES OF THIRTY-FIVE THOUSAND
DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES,
MEMBERS WITH WAGES BETWEEN THIRTY-FIVE THOUSAND AND ONE DOLLAR PER ANNUM
AND  SIXTY-NINE THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT
OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE  SIXTY-NINE  THOUSAND  PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.  The head of the New
York state teachers' retirement system shall promulgate such regulations
as  may  be  necessary  and appropriate with respect to the deduction of
such contribution from members' wages and for  the  maintenance  of  any
special fund or funds with respect to amounts so contributed.
  S  59.  The  retirement and social security law is amended by adding a
new section 613-c to read as follows:
  S  613-C.  ADDITIONAL  EMPLOYEE  CONTRIBUTIONS  AND  REDUCED  EMPLOYEE
CONTRIBUTIONS.  A.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON  OR  AFTER  APRIL
FIRST,  TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL
BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION TO THOSE MADE PURSUANT TO OTHER SECTIONS  OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  THE  FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE  REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
  B.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST,  TWO  THOU-
SAND  TWELVE  IS  BELOW FOUR PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE
PURSUANT TO SECTION SIX  HUNDRED  THIRTEEN  OF  THIS  ARTICLE  SHALL  BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER  CENTUM  AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN YEARS
IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT  TO  THIS  SUBDIVI-
SION,  THE  EMPLOYER  CONTRIBUTION  RATE  TO  BE PAID BY EMPLOYERS SHALL
INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT  TO
THIS SUBDIVISION.
  C.  IN  YEARS  IN WHICH THE EMPLOYER CONTRIBUTION RATE ASSOCIATED WITH
MEMBERS OF THE NEW YORK STATE  TEACHERS'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL BE REQUIRED TO MAKE
ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION  TO  THOSE
MADE  PURSUANT  TO OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE
FOLLOWING FORMULA: THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE  AND
SEVEN  PER  CENTUM DIVIDED BY TWO. IN YEARS IN WHICH ADDITIONAL EMPLOYEE
CONTRIBUTIONS ARE  MADE  PURSUANT  TO  THIS  SUBDIVISION,  THE  EMPLOYER
CONTRIBUTION RATE TO BE PAID BY EMPLOYERS ON THE SALARIES OF MEMBERS WHO
FIRST  BECAME  MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL  BE  REDUCED  BY  THE
VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
  D.  IN  YEARS  IN WHICH THE EMPLOYER CONTRIBUTION RATE ASSOCIATED WITH
MEMBERS OF THE NEW YORK STATE  TEACHERS'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, IS BELOW FOUR PER CENTUM, THE  EMPLOYEE  CONTRIBUTIONS  MADE  BY
SUCH  EMPLOYEES PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE
SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA:  THE  DIFFER-
ENCE  OF  FOUR  PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY
TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE  REDUCED  PURSUANT  TO

S. 6255                            48                            A. 9055

THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
ON  THE  SALARIES  OF  MEMBERS  WHO FIRST BECAME MEMBERS OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO  THOUSAND
TWELVE  SHALL  BE  REDUCED  BY  THE  VALUE  OF  SUCH ADDITIONAL EMPLOYEE
CONTRIBUTIONS.
  E. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS  OF  THE  NEW  YORK  CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE  EXCEEDS  A  RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET,  SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION  TO  THOSE  MADE  PURSUANT  TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  F.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY  EMPLOYEES'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO  OTHER  SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION  RATE  DIVIDED  BY  TWO.  IN
YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  G.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK  CITY  TEACHERS'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET  DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE  ADDITIONAL  EMPLOYEE
CONTRIBUTIONS  OF  ANNUAL  WAGES  IN  ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY  THE  CITY  OF  NEW
YORK  SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
  H. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS  OF  THE  NEW  YORK  CITY  TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE  IS  BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET,  THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-

S. 6255                            49                            A. 9055

LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR
OF  THE  BUDGET  AND  THE  EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO. IN
YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  I.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION  RETIREMENT  SYSTEM  WHO
FIRST  BECAME  MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET  DIRECTOR  FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOY-
EE CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE  PURSUANT  TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  J.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION  RETIREMENT  SYSTEM  WHO
FIRST  BECAME  MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE  BUDGET,  THE  EMPLOYEE  CONTRIBUTIONS  MADE  PURSUANT  TO  OTHER
SECTIONS OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOW-
ING  FORMULA:  THE  DIFFERENCE  OF A RATE TO BE DETERMINED BY THE BUDGET
DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL  OF  THE  NEW  YORK
STATE  DIRECTOR OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED
BY TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO
THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  S 60. Section 650 of  the  retirement  and  social  security  law,  as
amended  by  chapter  746  of  the  laws  of 1989, is amended to read as
follows:
  S 650. Application.  This article shall apply to a member of  the  New
York  city  employees'  retirement  system (i) who holds the position of
bridge and tunnel officer, sergeant or lieutenant  with  the  Triborough
bridge and tunnel authority, and has received or receives an appointment
to  at least one such position from a competitive civil service list; or
(ii) who holds the position of assistant bridge and  tunnel  maintainer,
bridge  and  tunnel  maintainer,  senior bridge and tunnel maintainer or
laborer with the  Triborough  bridge  and  tunnel  authority,  PROVIDED,
HOWEVER,  THAT  THIS  ARTICLE SHALL NOT APPLY TO A NEW YORK CITY REVISED
PLAN MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED  ONE  OF
THIS CHAPTER).
  S  61.  Paragraphs  1  and  1-a of subdivision b of section 911 of the
retirement and social security law, paragraph 1 as amended by section  5
and  paragraph 1-a as added by section 6 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
  1. Subject to the provisions of paragraph one-a of  this  subdivision,
AND EXCEPT AS PROVIDED IN PARAGRAPH ONE-B OF THIS SUBDIVISION, an eligi-

S. 6255                            50                            A. 9055

ble  member  (i)  with a date of membership in a retirement system on or
after July twenty-seventh, nineteen hundred seventy-six and (ii) who has
ten or more years of membership or ten or more years of credited service
with  a  retirement  system  under the provisions of article fourteen or
fifteen of this chapter shall not be required to contribute to a retire-
ment system pursuant to section five hundred seventeen  or  six  hundred
thirteen of this chapter as of the cessation date.
  1-a.  Notwithstanding the provisions of paragraph one of this subdivi-
sion or any other provision of  law  to  the  contrary,  AND  EXCEPT  AS
PROVIDED  IN  PARAGRAPH  ONE-B  OF THIS SUBDIVISION, a member of the New
York city teachers' retirement system or the  New  York  city  board  of
education retirement system:
  (i)  who  is  a  twenty-seven  year  participant in the age fifty-five
retirement program (as defined in paragraph twelve of subdivision  a  of
section six hundred four-i of this chapter), and
  (ii)  who becomes subject to the provisions of article fifteen of this
chapter after the effective date of this paragraph, shall contribute  to
a  retirement  system  pursuant  to section six hundred thirteen of this
chapter until he or she has completed  twenty-seven  years  of  credited
service.
  S  62. Subdivision b of section 911 of the retirement and social secu-
rity law is amended by adding a new paragraph 1-b to read as follows:
  1-B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A NEW  YORK
CITY  UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER (AS DEFINED IN
SUBDIVISION TWENTY-FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER), AN
INVESTIGATOR REVISED PLAN MEMBER (AS DEFINED IN SUBDIVISION TWENTY-SEVEN
OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER) OR A NEW YORK CITY  REVISED
PLAN  MEMBER  (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF
THIS CHAPTER).
  S 63. Section 1000 of  the  retirement  and  social  security  law  is
amended by adding a new subdivision 10 to read as follows:
  10.  ANYTHING  TO  THE  CONTRARY  IN  SUBDIVISION FOUR OF THIS SECTION
NOTWITHSTANDING, TO OBTAIN SUCH CREDIT,  A  MEMBER  WHO  FIRST  JOINS  A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND  TWELVE  SHALL  PAY SUCH RETIREMENT SYSTEM, FOR DEPOSIT IN THE FUND
USED TO ACCUMULATE EMPLOYER CONTRIBUTIONS, A SUM EQUAL TO THE PRODUCT OF
THE NUMBER OF YEARS OF MILITARY SERVICE BEING CLAIMED AND SIX PERCENT OF
SUCH MEMBER'S COMPENSATION EARNED DURING THE TWELVE MONTHS  OF  CREDITED
SERVICE  IMMEDIATELY PRECEDING THE DATE THAT THE MEMBER MADE APPLICATION
FOR CREDIT PURSUANT TO THIS SECTION.
  S 64. Subdivision a of section 1202 of the retirement and social secu-
rity law, as added by section 1 of part A of chapter 504 of the laws  of
2009, is amended and a new subdivision c is added to read as follows:
  a.  In  order  to  qualify  for  a service retirement benefit, members
subject to the provisions of this article must have  a  minimum  of  ten
years  of  creditable  service, EXCEPT THAT A MEMBER WHO FIRST BECOMES A
MEMBER OF THE RETIREMENT SYSTEM ON OR AFTER APRIL  FIRST,  TWO  THOUSAND
TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSUANT TO
THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF TWELVE YEARS OF
CREDITED SERVICE.
  C.  IN  NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE PAYABLE WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH  INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.

S. 6255                            51                            A. 9055

  S 65. Section 1204 of the retirement and social security law, as added
by section 1 of part A of chapter 504 of the laws of 2009, is amended to
read as follows:
  S   1204.  Member  contributions.  Members  who  are  subject  to  the
provisions of this article shall  contribute  three  percent  of  annual
wages  to  the  retirement  system in which they have membership, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF  THE  NEW  YORK  STATE  AND
LOCAL  POLICE  AND  FIRE  RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, MEMBERS WITH WAGES OF SIXTY-SIX  THOUSAND  DOLLARS  PER
ANNUM  OR  LESS  SHALL  CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS
WITH WAGES BETWEEN SIXTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM  AND  ONE
HUNDRED  THIRTY-TWO  THOUSAND  DOLLARS  PER  ANNUM SHALL CONTRIBUTE FIVE
PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED  THIR-
TY-TWO  THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.
Members who are enrolled in a retirement plan that limits the amount  of
creditable  service  a  member  can accrue shall not be required to make
contributions pursuant to this section after accruing the maximum amount
of service credit allowed by the  retirement  plan  in  which  they  are
enrolled. The state comptroller shall promulgate such regulations as may
be  necessary  and  appropriate  with  respect  to the deduction of such
contribution from members' wages and for the maintenance of any  special
fund  or  funds  with respect to amounts so contributed. In no way shall
the member contributions made  pursuant  to  this  section  be  used  to
provide for pension increases or annuities of any kind.
  S  66.  The  retirement and social security law is amended by adding a
new section 1208 to read as follows:
  S  1208.  ADDITIONAL  EMPLOYEE  CONTRIBUTIONS  AND  REDUCED   EMPLOYEE
CONTRIBUTIONS.  A.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL  POLICE  AND  FIRE
RETIREMENT  SYSTEM  WHO  FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND  TWELVE  EXCEEDS  FOURTEEN  PER  CENTUM,  SUCH
MEMBERS  SHALL  BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF
ANNUAL WAGES IN ADDITION  TO  THOSE  MADE  PURSUANT  TO  SECTION  TWELVE
HUNDRED  FOUR  OF THIS ARTICLE IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND FOURTEEN PER CENTUM
DIVIDED BY TWO. IN YEARS IN WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS  ARE
MADE  PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE
PAID BY EMPLOYERS SHALL BE REDUCED  BY  THE  VALUE  OF  SUCH  ADDITIONAL
EMPLOYEE CONTRIBUTIONS.
  B.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE  AND  LOCAL  POLICE  AND  FIRE  RETIREMENT
SYSTEM  WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE IS BELOW TEN PER CENTUM, THE EMPLOYEE  CONTRIBUTIONS
MADE  PURSUANT  TO  SECTION TWELVE HUNDRED FOUR OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE  DIVIDED  BY  TWO.  IN  NO
EVENT,  HOWEVER,  SHALL THE EMPLOYEE CONTRIBUTION RATE BE LESS THAN ZERO
PER CENTUM OF WAGES.  IN  YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE
REDUCED  PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO
BE PAID BY EMPLOYERS  SHALL  INCREASE  BY  THE  VALUE  OF  THE  EMPLOYEE
CONTRIBUTIONS REDUCED PURSUANT TO THIS SUBDIVISION.
  S  67.  The  retirement and social security law is amended by adding a
new section 1209 to read as follows:
  S 1209.  FINAL AVERAGE SALARY. FOR MEMBERS WHO FIRST BECOME MEMBERS OF
THE NEW YORK STATE AND LOCAL POLICE AND FIRE  RETIREMENT  SYSTEM  ON  OR
AFTER  APRIL FIRST, TWO THOUSAND TWELVE, A MEMBER'S FINAL AVERAGE SALARY

S. 6255                            52                            A. 9055

SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES  EARNED  BY  SUCH
MEMBER  DURING  ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT;  PROVIDED,  HOWEVER,  IF
THE  WAGES  EARNED  DURING  ANY YEAR OF CREDITED SERVICE INCLUDED IN THE
PERIOD USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE
WAGES OF THE PREVIOUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN  EIGHT
PERCENT,  THE  AMOUNT  IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM
THE COMPUTATION OF FINAL AVERAGE SALARY. WAGES IN EXCESS OF  THE  ANNUAL
SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF
THE  STATE  CONSTITUTION SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL
AVERAGE SALARY FOR MEMBERS WHO FIRST BECOME  MEMBERS  OF  THE  NEW  YORK
STATE  AND  LOCAL  POLICE  AND  FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE.
  S 68. The retirement and social security law is amended  by  adding  a
new section 1210 to read as follows:
  S  1210. WAGES.   FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND TWELVE, THE FOLLOWING ITEMS SHALL NOT BE INCLUDED IN
THE  DEFINITION OF WAGES: A. OVERTIME COMPENSATION PAID UNDER ANY LAW OR
POLICY UNDER WHICH EMPLOYEES ARE PAID AT A RATE GREATER THAN THEIR STAN-
DARD RATE FOR ADDITIONAL HOURS BEYOND THAT REQUIRED,  INCLUDING  SECTION
ONE  HUNDRED  THIRTY-FOUR OF THE CIVIL SERVICE LAW AND SECTION NINETY OF
THE GENERAL MUNICIPAL LAW, B. WAGES IN EXCESS OF THE ANNUAL SALARY  PAID
TO  THE  GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF THE STATE
CONSTITUTION, C. LUMP  SUM  PAYMENTS  FOR  DEFERRED  COMPENSATION,  SICK
LEAVE, ACCUMULATED VACATION OR OTHER CREDITS FOR TIME NOT WORKED, D. ANY
FORM  OF  TERMINATION  PAY,  AND  E. ANY ADDITIONAL COMPENSATION PAID IN
ANTICIPATION OF RETIREMENT.
  S 69. Paragraph 2 of subdivision b of section 23-a of  the  retirement
and  social  security law, as added by section 1 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
  2. requiring a minimum annual contribution from the  state  and  every
participating employer (exclusive of payments for group term life insur-
ance,  deficiency  payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives  or  any
other  obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to  four  and  one-half  percent  of
pensionable  salaries.  NOTWITHSTANDING  ANY  OTHER SECTION OF LAW, THIS
SECTION SHALL NOT BE APPLICABLE TO PENSIONABLE SALARIES OF  MEMBERS  WHO
FIRST  BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL  FIRST,  TWO  THOUSAND  TWELVE.  Effective
immediately  upon implementation by the comptroller of the comprehensive
structural reform program set forth in this section, and in  all  subse-
quent years, participating employers shall pay either the required annu-
al  contribution determined under the revised schedule pertaining to the
valuation, billing and payment of contributions  pursuant  to  paragraph
one  of this subdivision, or the required minimum annual contribution of
four and one-half percent of pensionable salaries, whichever is greater;
and
  S 70. Paragraph 2 of subdivision b of section 323-a of retirement  and
social  security  law,  as added by section 2 of part A of chapter 49 of
the laws of 2003, is amended to read as follows:
  2. requiring a minimum annual contribution from the  state  and  every
participating employer (exclusive of payments for group term life insur-
ance,  deficiency  payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives  or  any

S. 6255                            53                            A. 9055

other  obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to  four  and  one-half  percent  of
pensionable  salaries.  NOTWITHSTANDING  ANY  OTHER SECTION OF LAW, THIS
SECTION  SHALL  NOT BE APPLICABLE TO PENSIONABLE SALARIES OF MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES'  RETIRE-
MENT  SYSTEM  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWELVE. Effective
immediately upon implementation by the comptroller of the  comprehensive
structural  reform  program set forth in this section, and in all subse-
quent years, participating employers shall pay either the required annu-
al contribution determined under the revised schedule pertaining to  the
valuation,  billing  and  payment of contributions pursuant to paragraph
one of this subdivision, or the required minimum annual contribution  of
four and one-half percent of pensionable salaries, whichever is greater;
and
  S  71.  The  retirement and social security law is amended by adding a
new article 23 to read as follows:
                               ARTICLE 23
                      DEFINED CONTRIBUTION PROGRAM
SECTION 1250. DEFINITIONS.
        1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED.
        1252. RATES OF CONTRIBUTION.
        1253. ENROLLMENT.
        1254. DEATH BENEFIT.
        1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED.
  S 1250. DEFINITIONS. WHEREVER USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  A. THE TERM "PUBLIC RETIREMENT SYSTEM OF THE STATE" SHALL MEAN THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE  NEW  YORK  STATE
TEACHERS'  RETIREMENT  SYSTEM,  THE  NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT  SYSTEM,
THE  NEW  YORK CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM, THE NEW YORK CITY POLICE  PENSION  FUND,
AND THE NEW YORK CITY FIRE PENSION FUND.
  B.  THE  TERMS  "OPTIONAL  MEMBER"  AND  "OPTIONAL MEMBERS" MEAN THOSE
EMPLOYEES WHO ARE MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME MEMBERS OF SUCH SYSTEMS ON OR AFTER APRIL FIRST, TWO  THOU-
SAND  TWELVE  AND  MAKE  AN  ELECTION  TO  JOIN THE DEFINED CONTRIBUTION
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE PURSUANT TO THE  PROVISIONS
OF SECTION TWELVE HUNDRED FIFTY-THREE OF THIS ARTICLE.
  C.  THE  TERMS  "PROGRAM  PARTICIPANT" AND "PROGRAM PARTICIPANTS" MEAN
THOSE EMPLOYEES ELECTING TO  PARTICIPATE  IN  THE  DEFINED  CONTRIBUTION
PROGRAM.
  D.  THE  TERM  "DEFINED  CONTRIBUTION  PROGRAM"  MEANS  THE RETIREMENT
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
  E. THE TERM "WAGES" SHALL MEAN REGULAR COMPENSATION EARNED BY AND PAID
TO A MEMBER BY A PUBLIC EMPLOYER, EXCEPT THAT THE FOLLOWING ITEMS  SHALL
NOT  BE  INCLUDED  IN THE DEFINITION OF WAGES: (I) OVERTIME COMPENSATION
PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID  AT  A  RATE
GREATER  THAN  THEIR  STANDARD  RATE  FOR  ADDITIONAL  HOURS BEYOND THAT
REQUIRED, INCLUDING  SECTIONS  ONE  HUNDRED  THIRTY-FOUR  OF  THE  CIVIL
SERVICE  LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (II) WAGES
IN EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO  SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (III) LUMP SUM PAYMENTS
FOR  DEFERRED  COMPENSATION,  SICK  LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, (IV) ANY FORM OF TERMINATION PAY,  AND  (V)
ANY ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.

S. 6255                            54                            A. 9055

  S  1251.  DEFINED  CONTRIBUTION  PROGRAMS ESTABLISHED. THERE IS HEREBY
ESTABLISHED A DEFINED CONTRIBUTION PROGRAM WITHIN EACH PUBLIC RETIREMENT
SYSTEM OF THE STATE WHICH SHALL PROVIDE FOR RETIREMENT BENEFITS  FOR  OR
ON  BEHALF  OF PROGRAM PARTICIPANTS.   UNDER SUCH PROGRAM THE STATE, THE
CITY  OF  NEW  YORK AND OTHER PARTICIPATING EMPLOYERS AND SUCH EMPLOYEES
SHALL CONTRIBUTE, TO THE EXTENT AUTHORIZED OR REQUIRED, TO SUCH  DEFINED
CONTRIBUTION ACCOUNTS. THE PROGRAMS SHALL BE ADMINISTERED BY THE RETIRE-
MENT  SYSTEM  IN WHICH THE PROGRAM PARTICIPANT IS A MEMBER.  EACH PUBLIC
RETIREMENT SYSTEM OF THE STATE IS  AUTHORIZED  TO  PROMULGATE  ALL  SUCH
RULES  AND  REGULATIONS AS MAY BE NECESSARY OR REQUIRED TO IMPLEMENT THE
DEFINED CONTRIBUTION PROGRAMS  ESTABLISHED  PURSUANT  TO  THIS  ARTICLE,
INCLUDING  SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO COMPLY WITH
THE APPLICABLE PROVISIONS OF TITLE TWENTY-SIX OF THE UNITED STATES  CODE
RELATING TO DEFINED CONTRIBUTION PLANS AND THEIR QUALIFICATION AND OPER-
ATION AND ALL SUCH RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED
REGARDING  THE  COLLECTION OF EMPLOYER AND MEMBER CONTRIBUTIONS, INVEST-
MENT OF CONTRIBUTIONS, WITHDRAWALS AND DISTRIBUTION OF MEMBER  ACCOUNTS,
NOMINATION  OF BENEFICIARIES, THE ASSESSMENT AND COLLECTION FROM EMPLOY-
ERS OF COSTS AND EXPENSES INCURRED IN THE ESTABLISHMENT AND OPERATION OF
THE PLAN, AND ALL OTHER MATTERS PERTAINING THERETO. EACH PUBLIC  RETIRE-
MENT  SYSTEM  OF  THE  STATE IS AUTHORIZED TO ENTER INTO SUCH AGREEMENTS
WITH QUALIFIED PROVIDERS AS  MAY  BE  NECESSARY  OR  DESIRABLE  FOR  THE
INVESTMENT  OF  MEMBER  ACCOUNTS  AND  THE GENERAL ADMINISTRATION OF THE
PLAN.
  S 1252. RATES OF  CONTRIBUTION.  A.  1.  THE  EMPLOYER  SHALL  MAKE  A
CONTRIBUTION  EQUAL TO FOUR PERCENT OF EACH PROGRAM PARTICIPANTS' WAGES.
SUCH CONTRIBUTIONS SHALL BE KNOWN AS "BASIC EMPLOYER CONTRIBUTIONS".
  2. THE EMPLOYER SHALL CONTRIBUTE AN AMOUNT EQUAL TO  THE  CONTRIBUTION
MADE BY EACH PROGRAM PARTICIPANT, PROVIDED HOWEVER, THAT SUCH ADDITIONAL
CONTRIBUTIONS  SHALL  NOT  EXCEED  THREE PERCENT OF EACH PROGRAM PARTIC-
IPANT'S WAGES. SUCH CONTRIBUTIONS SHALL BE KNOWN AS  "MATCHING  EMPLOYER
CONTRIBUTIONS".
  B. IN THE CASE OF ANY PROGRAM PARTICIPANTS, EMPLOYEES SHALL BE ALLOWED
TO CONTRIBUTE AN AMOUNT UP TO THE MAXIMUM ALLOWABLE AMOUNT, INCLUSIVE OF
BASIC  AND  MATCHING EMPLOYER CONTRIBUTIONS, PERMITTED BY FEDERAL LAW IN
26 U.S.C. 401 ET SEQ. AND THE RULES AND REGULATIONS OF THE UNITED STATES
DEPARTMENT OF THE TREASURY PROMULGATED THEREUNDER.
  C. NO CONTRIBUTIONS PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE
MADE BY THE EMPLOYER UNTIL THE PROGRAM PARTICIPANT COMPLETES ONE YEAR OF
SERVICE AND CONTINUES IN SERVICE THEREAFTER. AT THE  END  OF  A  PROGRAM
PARTICIPANT'S  INITIAL  YEAR  OF  SERVICE,  A  SINGLE CONTRIBUTION IN AN
AMOUNT DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, WITH INTER-
EST AT THE RATE OF FOUR PER CENTUM PER  ANNUM,  SHALL  BE  MADE  BY  THE
EMPLOYER, ON BEHALF OF SUCH PROGRAM PARTICIPANT CONTINUED IN SERVICE.
  S 1253. ENROLLMENT.  A. EMPLOYEES WHO FIRST BECOME MEMBERS OF A PUBLIC
RETIREMENT  SYSTEM  OF  THE  STATE ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE, WITHIN THIRTY DAYS OF HIS OR HER ENTRY INTO SERVICE, SHALL  HAVE
THE ABILITY TO ELECT THE DEFINED CONTRIBUTION PROGRAM ESTABLISHED PURSU-
ANT  TO  THIS  ARTICLE. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY
EXECUTED AND FILED WITH THE RETIREMENT SYSTEM OF WHICH HE OR  SHE  IS  A
MEMBER  AND SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS A MEMBER OF A
PUBLIC RETIREMENT SYSTEM OF THE STATE. ALL ELIGIBLE EMPLOYEES WHO  ELECT
THE  DEFINED  CONTRIBUTION PROGRAM SHALL NOT ACCRUE CREDITED SERVICE FOR
ANY PURPOSE UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER  APPLI-
CABLE LAW.

S. 6255                            55                            A. 9055

  B.  ALL  PROGRAM  PARTICIPANTS  ENROLLED  IN  THE DEFINED CONTRIBUTION
PROGRAM SHALL NOT ACCRUE CREDITED SERVICE TO BE  USED  FOR  ANY  PURPOSE
UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLICABLE LAW.
  S  1254.  DEATH  BENEFIT.  A.  PROGRAM  PARTICIPANTS SHALL RECEIVE THE
FOLLOWING FINANCIAL PROTECTION IN THE EVENT OF DEATH IN SERVICE: A BENE-
FIT UPON THE DEATH OF A MEMBER IN SERVICE EQUAL TO THE  MEMBER'S  SALARY
UPON  HIS  OR  HER  COMPLETION OF ONE YEAR OF SERVICE, TWO YEARS' SALARY
UPON COMPLETION OF TWO YEARS OF SERVICE, AND THREE  YEARS'  SALARY  UPON
COMPLETION OF THREE YEARS OF SERVICE.
  B.  FOR  THE  PURPOSES  OF  THIS SECTION: 1. THE DEATH BENEFIT PAYABLE
SHALL BE IN LIEU OF THE PAYMENT OF THE BASIC EMPLOYER CONTRIBUTIONS  AND
MATCHING EMPLOYER CONTRIBUTIONS MADE PURSUANT TO THIS ARTICLE, BUT SHALL
NOT BE LESS THAN THE VALUE OF SUCH CONTRIBUTIONS AND 2. THE VALUE OF THE
EMPLOYEE CONTRIBUTIONS SHALL BE PAYABLE IN ADDITION TO THE DEATH BENEFIT
PAYABLE PURSUANT TO THIS SECTION.
  S  1255.  INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED. INSOFAR AS
THE PROVISIONS OF THIS ARTICLE ARE INCONSISTENT WITH THE  PROVISIONS  OF
ANY  OTHER ACT, GENERAL OR SPECIAL, THE PROVISIONS OF THIS ARTICLE SHALL
BE CONTROLLING.
  S 72. Subdivisions 1 and 2 of section 182 of the education law, subdi-
vision 1 as amended by chapter 63 of the laws of 1993 and subdivision  2
as  added  by  chapter  1076 of the laws of 1968, are amended to read as
follows:
  1. Employer contributions.  In  the  case  of  any  electing  employee
initially  appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state shall, during  continuance  of  his  employment,  make
contributions at the rate of nine [percentum] PER CENTUM of that portion
of  his  state  salary  upon which contributions are or may hereafter be
paid to the secretary of the treasury of the United States  pursuant  to
article  three of the retirement and social security law and at the rate
of twelve [percentum] PER CENTUM of that portion  of  his  state  salary
above  said  amount,  out  of  moneys which shall be appropriated to the
department for such purpose.   In the  case  of  any  electing  employee
initially appointed on or after July first, nineteen hundred ninety-two,
the  state  shall,  during  continuance of his employment, make contrib-
utions at the rate of eight [percentum] PER CENTUM of his  state  salary
during  the  first seven years of such employment and at the rate of ten
percentum of his state salary, thereafter, out of moneys which shall  be
appropriated  to  the  department  for  such purpose. IN THE CASE OF ANY
ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE, THE STATE SHALL, DURING CONTINUANCE OF HIS OR  HER  EMPLOY-
MENT,  MAKE  CONTRIBUTIONS  AT THE RATE OF FOUR PER CENTUM OF HIS OR HER
STATE SALARY OUT OF MONEYS WHICH SHALL BE APPROPRIATED TO THE DEPARTMENT
FOR SUCH PURPOSE. FOR ELECTING EMPLOYEES APPOINTED  ON  OR  AFTER  APRIL
FIRST,  TWO  THOUSAND  TWELVE,  THE STATE SHALL MAKE ADDITIONAL CONTRIB-
UTIONS EQUAL  TO  THE  CONTRIBUTION  MADE  BY  EACH  ELECTING  EMPLOYEE,
PROVIDED,  HOWEVER  THAT  SUCH ADDITIONAL CONTRIBUTIONS SHALL NOT EXCEED
THREE PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes  of
this  subdivision,  that  portion  of  the  employee's salary upon which
contributions are paid to the secretary of the treasury  of  the  United
States  pursuant  to article three of the retirement and social security
law shall not exceed sixteen thousand five hundred dollars.
  2. Employee contributions. In  the  case  of  any  electing  employee,
contributions  at  the rate of three [percentum] PER CENTUM of his state
salary shall be deducted  by  the  state  comptroller  as  the  employee
contribution,  PROVIDED,  HOWEVER,  NO  EMPLOYEE  CONTRIBUTIONS SHALL BE

S. 6255                            56                            A. 9055

REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST,  TWO  THOUSAND  TWELVE,  provided  however,  that  such  employee
contribution  shall  be made by the state in accordance with subdivision
one  of  this section during such period as (a) either section seventy-a
of the retirement and social security law or section five hundred  twen-
ty-eight  of  [the  education law] THIS TITLE provides that the contrib-
ution of each member of the New York state employees' retirement  system
or  the  New York state teachers' retirement system in the employ of the
state shall be reduced by at least eight [percentum] PER CENTUM  of  his
compensation, or (b) employee contributions to either such system are no
longer  required  by  reason of such system becoming noncontributory for
state employees.
  S 73. Subdivisions 1 and 2 of section 392 of  the  education  law,  as
amended  by chapter 63 of the laws of 1993 and paragraph (c) of subdivi-
sion 2 as added by chapter 617 of the laws of 2007, are amended to  read
as follows:
  1.  Employer  contributions.  In  the  case  of  any electing employee
initially appointed on or before June thirtieth, nineteen hundred  nine-
ty-two,  the  state,  with respect to employees of state university, and
the electing employer, with respect to employees of a community college,
shall, during continuance of his employment, make contributions  at  the
rate  of  nine [percentum] PER CENTUM of that portion of his salary upon
which contributions, if any, are or may hereafter be paid to the  secre-
tary  of  the treasury of the United States pursuant to article three of
the retirement and social  security  law  and  at  the  rate  of  twelve
[percentum]  PER  CENTUM  of  any  portion of his salary upon which such
contributions are not paid, out of monies which shall be appropriated to
state university or which shall be available to  the  electing  employer
for  such  purpose.  In  the  case  of  any  electing employee initially
appointed on or after  July  first,  nineteen  hundred  ninety-two,  the
state,  with respect to employees of the state university and the elect-
ing employer, with respect to employees of a community  college,  shall,
during  continuance of his employment, make contributions at the rate of
eight [percentum] PER CENTUM of his salary during the first seven  years
of  such employment and at the rate of ten [percentum] PER CENTUM of his
salary thereafter, out of monies which  shall  be  appropriated  to  the
state  university  or  which shall be available to the electing employer
for such purpose.   IN THE  CASE  OF  ANY  ELECTING  EMPLOYEE  INITIALLY
APPOINTED  ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE, WITH
RESPECT TO EMPLOYEES OF THE STATE UNIVERSITY AND THE ELECTING  EMPLOYER,
WITH  RESPECT TO EMPLOYEES OF A COMMUNITY COLLEGE, SHALL, DURING CONTIN-
UANCE OF HIS EMPLOYMENT, MAKE CONTRIBUTIONS AT  THE  RATE  OF  FOUR  PER
CENTUM  OF  HIS  SALARY OUT OF MONIES WHICH SHALL BE APPROPRIATED TO THE
STATE UNIVERSITY OR WHICH SHALL BE AVAILABLE TO  THE  ELECTING  EMPLOYER
FOR  SUCH  PURPOSE.    FOR  ELECTING EMPLOYEES INITIALLY APPOINTED ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE SHALL MAKE  ADDITIONAL
CONTRIBUTIONS  EQUAL TO THE CONTRIBUTION MADE BY EACH ELECTING EMPLOYEE,
PROVIDED, HOWEVER THAT SUCH ADDITIONAL CONTRIBUTIONS  SHALL  NOT  EXCEED
THREE  PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes of
this subdivision, that portion  of  the  employee's  salary  upon  which
contributions  are  or  may  thereafter  be paid to the secretary of the
treasury of the United States pursuant to article three of  the  retire-
ment and social security law shall be deemed not to exceed sixteen thou-
sand five hundred dollars.
  2.  Employee  contributions. (a) In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his  salary

S. 6255                            57                            A. 9055

shall be deducted as the employee contribution by the comptroller, or by
the  appropriate  fiscal  officer  with respect to an electing employer,
PROVIDED, HOWEVER, THAT NO EMPLOYEE CONTRIBUTIONS SHALL BE REQUIRED  FOR
ANY  ELECTING  EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, provided however, that such employee contribution shall
be made by (i) the state for employees other than those employed  by  an
electing  employer  in  accordance  with subdivision one of this section
during such period as (a) either section seventy-a of the retirement and
social security law or section five hundred twenty-eight of  this  title
provides  that  the  contribution  of  each member of the New York state
employees' retirement system or the New York state teachers'  retirement
system  in  the  employ  of the state shall be reduced by at least eight
[percentum] PER CENTUM of his compensation or (b) employee contributions
to either such system are no longer required by reason  of  such  system
becoming  noncontributory  for  state employees, or (ii) by the electing
employer in accordance with subdivision one of this section during  such
period  as the contributions of any members of either the New York state
employees' retirement system or the New York state teachers'  retirement
system  or  of  any  other public retirement system in this state in its
employ shall (a) be reduced by at least eight [percentum] PER CENTUM  of
their  compensation  in accordance with section seventy-a of the retire-
ment and social security law or section five hundred twenty-nine of this
title or section [B3-36.1] 13-152 or section [B20-41.1]  13-546  of  the
administrative  code  of  the  city of New York or (b) employee contrib-
utions to any such system of which any of its employees are members  are
no  longer  required by reasons of such system becoming non contributory
for such employees; and provided further, however,  that  such  employee
contribution  with  respect  to  the fiscal year of the city of New York
beginning on July first, nineteen hundred seventy-two and ending on June
thirtieth, nineteen hundred seventy-three shall be made by the  electing
employer  in  the  case  of  any  electing employee who is employed by a
community college operated in such  city,  notwithstanding  any  of  the
foregoing provisions of this subdivision to the contrary.
  (b) Notwithstanding any provision of paragraph (a) of this subdivision
or  any  other  provision  of  law  to  the contrary, but subject to the
provisions of subdivision d of  section  six  hundred  thirteen  of  the
retirement and social security law, in the case of any electing employee
initially  appointed on or after July first, nineteen hundred ninety-two
who is employed by a community college subject to the provisions of this
article which is operated in the city of New York, contributions at  the
rate  of  three  [percentum]  PER  CENTUM  of his or her salary shall be
deducted as the employee contribution by the appropriate fiscal  officer
with  respect  to  such  community  college, PROVIDED, HOWEVER, THAT FOR
EMPLOYEES INITIALLY APPOINTED ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  NO  REQUIRED  EMPLOYEE  CONTRIBUTIONS  SHALL BE DEDUCTED AS THE
EMPLOYEE CONTRIBUTION BY THE APPROPRIATE FISCAL OFFICE WITH  RESPECT  TO
SUCH COMMUNITY COLLEGE.
  (c)  Notwithstanding  any other provision of this section or any other
law to the contrary, (1) on and after April first,  two  thousand  eight
for  a  member  who  joined  the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute  one-third  of  the  three  percent  employee
contribution  required  pursuant  to  the  provisions of this section on
behalf of such employee; and (2) on and after April first, two  thousand
nine for a member who joined the optional retirement program established

S. 6255                            58                            A. 9055

pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the  state  shall  contribute  two-thirds  of the three percent employee
contribution  required  pursuant  to  the  provisions of this section on
behalf of such employee; and (3) on and after April first, two  thousand
ten  for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall  contribute  the  three  percent  employee  contribution
required  pursuant  to  the provisions of this section on behalf of such
employee.   THE PROVISIONS OF THIS PARAGRAPH  SHALL  NOT  APPLY  TO  ANY
ELECTING  EMPLOYEE  WHO  BECOMES  A  MEMBER  OF  THE OPTIONAL RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  S 74. Subdivisions 1 and 2 of section 6252 of the  education  law,  as
amended  by chapter 63 of the laws of 1993 and paragraph (c) of subdivi-
sion 2 as added by chapter 617 of the laws of 2007, are amended to  read
as follows:
  1.  Employer  contributions.  In  the  case  of  any electing employee
initially appointed on or before June thirtieth, nineteen hundred  nine-
ty-two,  the  city  shall,  during  continuance of his employment, makes
contributions at the rate of nine [percentum] PER CENTUM of that portion
of his city salary upon which contributions are or may hereafter be paid
to the secretary of the treasury of the United States pursuant to  arti-
cle  three  of the retirement and social security law and at the rate of
twelve [percentum] PER CENTUM of that portion of his city  salary  above
said  amount,  out  of  monies  which  shall be appropriated to the city
university for such purposes. In  the  case  of  any  electing  employee
initially appointed on or after July first, nineteen hundred ninety-two,
the city shall, during continuance of his employment, make contributions
at  the  rate  of eight [percentum] PER CENTUM of his city salary during
the first seven years of such employment and at the rate of ten [percen-
tum] PER CENTUM of his city salary,  thereafter,  out  of  monies  which
shall  be  appropriated to the city university for such purpose.  IN THE
CASE OF ANY ELECTING EMPLOYEE INITIALLY  APPOINTED  ON  OR  AFTER  APRIL
FIRST,  TWO  THOUSAND  TWELVE, THE CITY SHALL, DURING CONTINUANCE OF HIS
EMPLOYMENT, MAKE CONTRIBUTIONS AT THE RATE OF FOUR  PER  CENTUM  of  his
city  salary  out  of  monies  which  shall  be appropriated to the city
university for such purpose.  For electing employees initially appointed
on or after April first, two thousand twelve, the state shall make addi-
tional contributions equal to the contribution  made  by  each  electing
employee,  provided,  however,  that such additional contributions shall
not exceed three percent of each electing employee's annual  wages.  For
purposes of this subdivision, that portion of the employee's salary upon
which  contributions  are  or may thereafter be paid to the secretary of
the treasury of the United States  pursuant  to  article  three  of  the
retirement and social security law shall be deemed not to exceed sixteen
thousand five hundred dollars.
  2.  Employee  contributions. (a) In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM  of  his  city
salary  shall  be  deducted  as  the  employee contribution by the comp-
troller, PROVIDED, HOWEVER, THAT  NO  EMPLOYEE  CONTRIBUTIONS  SHALL  BE
REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, provided however that such employee contrib-
ution  shall  be  made by the city in accordance with subdivision one of
this section during such period  as  either  section  seventy-a  of  the
retirement  and  social  security  law  or  section  [B3-36.1] 13-152 or

S. 6255                            59                            A. 9055

section [B20-41.1] 13-546 of the administrative code of the city of  New
York  provides  that the contribution of any member of the New York city
employees' retirement system or the New York city  teachers'  retirement
system  in  the  employ  of  the city shall be reduced by at least eight
[percentum] PER CENTUM of his compensation; and provided further, howev-
er, that such employee contribution with respect to the fiscal  year  of
the  city  beginning  on  July  first,  nineteen hundred seventy-two and
ending on June thirtieth, nineteen hundred seventy-three shall  be  made
by  the  city,  notwithstanding  any of the foregoing provisions of this
subdivision to the contrary.
  (b) Notwithstanding any provision of paragraph (a) of this subdivision
or any other provision of law  to  the  contrary,  but  subject  to  the
provisions  of  subdivision  d  of  section  six hundred thirteen of the
retirement and social security law in the case of any electing  employee
initially appointed on or after July first, nineteen hundred ninety-two,
contributions  at the rate of three [percentum] PER CENTUM of his or her
city salary shall be deducted as the employee contribution by the  comp-
troller, PROVIDED, HOWEVER, THAT FOR EMPLOYEES INITIALLY APPOINTED ON OR
AFTER  APRIL  FIRST,  TWO THOUSAND TWELVE, NO REQUIRED EMPLOYEE CONTRIB-
UTIONS SHALL BE DEDUCTED BY THE COMPTROLLER.
  (c) Notwithstanding any other provision of this section or  any  other
law  to  the  contrary, (1) on and after April first, two thousand eight
for a member who joined  the  optional  retirement  program  established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the  city  shall  contribute  one-third  of  the  three percent employee
contribution required pursuant to the  provisions  of  this  section  on
behalf  of  such employee; and (2) on and after June first, two thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute  two-thirds  of  the  three  percent  employee
contribution  required  pursuant  to  the  provisions of this section on
behalf of such employee; and (3) on and after June first,  two  thousand
ten  for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city  shall  contribute  the  three  percent  employee  contribution
required  pursuant  to  the provisions of this section on behalf of such
employee.   THE PROVISIONS OF THIS PARAGRAPH  SHALL  NOT  APPLY  TO  ANY
ELECTING  EMPLOYEE  WHO  BECOMES  A  MEMBER  OF  THE OPTIONAL RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  S 75. Paragraphs (b) and (c) of subdivision 86 of  section  13-101  of
the administrative code of the city of New York, as added by chapter 114
of the laws of 1989, are amended to read as follows:
  (b)  In  the  case  of a uniformed force member who is a member of the
uniformed force of the department of sanitation and is not  a  TIER  III
MEMBER  (AS  DEFINED  IN SUBDIVISION SEVENTY-THREE OF THIS SECTION) OR A
Tier IV member (as defined in subdivision seventy-six of this  section),
the term "normal rate of contribution as a uniformed force member" shall
mean  the  proportion of such member's earnable compensation required to
be deducted from his or her compensation by the applicable provisions of
sections 13-125, 13-154, 13-159 and 13-160 of this chapter as his or her
member contributions, exclusive of any increase  in  such  contributions
pursuant to subdivision d, e, or f of section 13-125 of this chapter, or
any  decrease  in  such  contributions  on  account  of  any program for

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increased-take-home-pay or pursuant to subdivision one  of  section  one
hundred thirty-eight-b of the retirement and social security law (relat-
ing to election to decrease member contributions by contributions due on
account of social security coverage).
  (c) In the case of any uniformed force member (1) who is both a member
of  the  uniformed correction force and a Tier III member, OR (2) WHO IS
BOTH A MEMBER OF THE UNIFORMED FORCE OF THE DEPARTMENT OF SANITATION AND
A TIER III MEMBER, the term "normal rate of contribution as a  uniformed
force  member"  shall  mean  the  percentage of the annual wages of such
member required to be deducted from such member's wages by subdivision a
of section five hundred seventeen of the retirement and social  security
law, as his or her member contributions.
  S  76. Paragraph (b) of subdivision 87 of section 13-101 of the admin-
istrative code of the city of New York, as added by chapter 114  of  the
laws of 1989, is amended to read as follows:
  (b)  a uniformed force member who is not required to contribute during
such payroll period because he or she is a Tier III member  who,  having
contributed  for  thirty  years,  OR WHO, IN THE CASE OF A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION  REVISED  PLAN  MEMBER  (AS  DEFINED  IN
SUBDIVISION  TWENTY-FIVE  OF  SECTION FIVE HUNDRED ONE OF THE RETIREMENT
AND SOCIAL SECURITY LAW), HAVING CONTRIBUTED FOR TWENTY-FIVE YEARS,  has
discontinued  member  contributions pursuant to subdivision a of section
five hundred seventeen of the retirement and social security law.
  S 77. Paragraph (c) of subdivision 89 of section 13-101 of the  admin-
istrative  code  of the city of New York, as added by chapter 114 of the
laws of 1989, is amended to read as follows:
  (c) In the case of any contributing uniformed force member who is both
(1) a member of the uniformed correction force (as defined  in  subdivi-
sion  thirty-nine of this section) OR THE UNIFORMED FORCE OF THE DEPART-
MENT OF SANITATION (AS DEFINED IN SUBDIVISION SIXTY-TWO OF THIS SECTION)
and (2) a Tier III member (as defined in  subdivision  seventy-three  of
this  section),  the term "uniformed force member contributions eligible
for pick up by the employer" shall mean the amount which, in the absence
of a pick up program applicable  to  such  member  pursuant  to  section
13-125.1  of  this  chapter,  would  be required to be deducted from the
wages of such member for such payroll period pursuant to  subdivision  a
of  section five hundred seventeen of the retirement and social security
law as his or her required member contributions for such payroll period.
  S 78. Paragraph 14 of subdivision e of section 13-638.4 of the  admin-
istrative  code  of the city of New York, as added by chapter 749 of the
laws of 1992, is amended to read as follows:
  (14) (I) Subject to the provisions of subdivision f  of  this  section
and  the provisions of subdivision c of section six hundred eight of the
RSSL, where those provisions are  applicable,  and  notwithstanding  the
provisions  of  subdivision  a of section six hundred eight of the RSSL,
for a tier IV member of NYCERS WHO IS NOT A NEW YORK CITY  REVISED  PLAN
MEMBER  (AS  DEFINED  IN SUBDIVISION M OF SECTION SIX HUNDRED ONE OF THE
RSSL) or FOR A TIER IV MEMBER OF BERS WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, the term "final average salary", as used in article fifteen
of the RSSL, shall be equal to the greater of:
  [(i)] (A) one-third of the highest total wages earned by  such  member
during  any  continuous  period  of  employment for which the member was
credited with three years of service credit; provided that if the  wages
earned  during  any year of credited service included in the period used
to determine final average salary exceeds the average of  the  wages  of
the previous two years of credited service by more than ten percent, the

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amount  in  excess of ten percent shall be excluded from the computation
of final average salary; or
  [(ii)]  (B)  the  total  wages earned during any six consecutive years
from service for which the member received service credit divided by the
amount of such  service  credit  earned  during  that  six-year  period,
PROVIDED,  HOWEVER,  THAT "WAGES", AS USED IN THIS PARAGRAPH, SHALL MEAN
THE APPLICABLE PROVISIONS  AND  LIMITATIONS  OF  THE  TERM  "WAGES",  AS
DEFINED IN SUBDIVISION 1 OF SECTION SIX HUNDRED ONE OF THE RSSL.
  (II)  SUBJECT TO THE PROVISIONS OF SUBDIVISION F OF THIS SECTION WHERE
THOSE PROVISIONS ARE APPLICABLE, AND NOTWITHSTANDING THE  PROVISIONS  OF
SUBDIVISIONS  A  AND  C  OF SECTION SIX HUNDRED EIGHT OF THE RSSL, FOR A
TIER IV MEMBER OF NYCERS WHO IS A NEW YORK CITY REVISED PLAN MEMBER  (AS
DEFINED  IN  SUBDIVISION  M OF SECTION SIX HUNDRED ONE OF THE RSSL) OR A
TIER IV MEMBER OF BERS WHO IS A NEW YORK CITY REVISED PLAN  MEMBER,  THE
TERM  "FINAL  AVERAGE  SALARY",  AS USED IN ARTICLE FIFTEEN OF THE RSSL,
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES  EARNED  BY  SUCH
MEMBER  DURING  ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT;  PROVIDED  THAT  IF  THE
WAGES  EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD
USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE  WAGES
OF  THE  PREVIOUS  FOUR  YEARS  OF  CREDITED  SERVICE BY MORE THAN EIGHT
PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL  BE  EXCLUDED  FROM
THE  COMPUTATION OF FINAL AVERAGE SALARY, PROVIDED FURTHER THAT "WAGES",
AS USED IN THIS PARAGRAPH, SHALL  MEAN  THE  APPLICABLE  PROVISIONS  AND
LIMITATIONS  OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L OF SECTION
SIX HUNDRED ONE OF THE RSSL.
  S 79. Nothing contained  in  sections  seventy-five,  seventy-six  and
seventy-seven  of  this act shall be construed to create any contractual
right  with  respect  to  members  to  whom  such  sections  apply.  The
provisions  of  such  sections are intended to afford members the advan-
tages of certain benefits contained in the internal  revenue  code,  and
the  effectiveness  and  existence  of  such  sections and benefits they
confer are completely contingent thereon.
  S 80. Notwithstanding any provision of law to the contrary, nothing in
this act shall limit the eligibility of any member of an employee organ-
ization to join a special retirement plan open to him or her pursuant to
a collectively negotiated agreement with any state or  local  government
employer,  where  such  agreement  is in effect on the effective date of
this act and so long as such agreement  remains  in  effect  thereafter;
provided, however, that any such eligibility shall not apply upon termi-
nation  of  such  agreement  for  employees  otherwise  subject  to  the
provisions of article 22 of the  retirement  and  social  security  law,
provided further that this section shall not be construed as authorizing
any  member  who first joins a public retirement system of the state (as
defined in subdivision 23 of section 501 of the  retirement  and  social
security  law)  on or after April 1, 2012 to become a participant in any
of the special plans established by section 504-a, 504-b, 504-d,  604-a,
604-c  (as  added  by chapter 96 of the laws of 1995), 604-d or 604-i of
the retirement and social security law or section 13-157.1  or  13-157.4
of the administrative code of the city of New York.
  S  81.  No  enhancement, increase or other alteration or change in the
benefit structure provided herein shall be authorized.
  S 82. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in

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its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 83. This act shall take effect April  1,  2012,  provided  that  the
amendments  to subdivision a of section 603 of the retirement and social
security law made by section thirty-one of this act shall be subject  to
the  expiration and reversion of such subdivision pursuant to section 13
of chapter 682 of the laws of 2003, as amended, provided,  further  that
the  amendments  to  subdivisions 86, 87 and 89 of section 13-101 of the
administrative code of the city of New York made  by  sections  seventy-
five,  seventy-six  and  seventy-seven  of this act shall not affect the
expiration of such subdivisions and shall be deemed to expire therewith.

                                 PART I

  Section 1. Section 167-a of  the  civil  service  law,  as  separately
amended  by section 8 of part T and section 1 of part U of chapter 56 of
the laws of 2010, is amended to read as follows:
  S 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
from  the  coverage  of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a  depend-
ent covered by the health benefit plan is or would be eligible under the
federal  old-age,  survivors and disability insurance program, an amount
equal to the premium charge for  such  supplementary  medical  insurance
benefits  for such active or retired employee and his or her dependents,
if any, shall be paid monthly or at other intervals to  such  active  or
retired employee from the health insurance fund. Where appropriate, such
amount  may  be  deducted  from contributions payable by the employee or
retired employee; or where appropriate in the case of a retired employee
receiving a retirement allowance,  such  amount  may  be  included  with
payments of his or her retirement allowance. All state employer, employ-
ee, retired employee and dependent contributions to the health insurance
fund,  INCLUDING  CONTRIBUTIONS  FROM PUBLIC AUTHORITIES, PUBLIC BENEFIT
CORPORATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE, shall  be
adjusted  as necessary to cover the cost of reimbursing federal old-age,
survivors and disability insurance program premium  charges  under  this
section.  This  cost  shall be included in the calculation of premium or
subscription charges for health coverage provided to  [state]  employees
and  retired  [state] employees OF THE STATE, PUBLIC AUTHORITIES, PUBLIC
BENEFIT CORPORATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF  THE  STATE;
provided,  however, the state, PUBLIC AUTHORITIES, PUBLIC BENEFIT CORPO-
RATIONS OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE  STATE  shall  remain
obligated  to pay no less than its share of such increased cost consist-
ent with its share of premium or subscription charges  provided  for  by
this  article.  All other employer contributions to the health insurance
fund shall be adjusted as necessary to provide for such payments.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART J

  Section  1.  Section 25 of the state finance law is amended to read as
follows:

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  S 25. Reappropriation  bills.    Every  appropriation  reappropriating
moneys  shall set forth clearly the year, chapter and part or section of
the act by which such appropriation was originally made, a brief summary
of the purposes of such original appropriation, and  the  year,  chapter
and  part  or  section  of  the  last  act, if any, reappropriating such
original appropriation or any part thereof, and the amount of such reap-
propriation.
  If it is proposed to change in any detail the purpose  for  which  the
original  appropriation  was made, the bill as submitted by the governor
shall show clearly [any] such change.
  ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI-
TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS  AFTER  THE
DATE  UPON  WHICH  THE  ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE
WITH SECTION FORTY OF THIS CHAPTER AND  SECTION  NINETY-NINE-D  OF  THIS
CHAPTER,  AS  ADDED  BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL  BE  PAID  OUT  OF  THE
STATE  TREASURY  OR  ANY  OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
  S 2. This act shall take effect April 1, 2013.

                                 PART K

  Section 1. Paragraph 1 of subdivision  2-a  of  section  19-a  of  the
public  lands law, as amended by section 1 of part K-1 of chapter 109 of
the laws of 2006, is amended to read as follows:
  (1) Notwithstanding any provision of this section to the contrary,  in
addition  to state aid otherwise payable pursuant to this section, there
shall be payable to any city located in a county in which there has been
constructed a state office  building  project  in  accordance  with  the
provisions  of  chapter  one  hundred  fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to  an  agreement  entitled
the  "South  Mall  contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
               State Fiscal Year
                                   Amount

               2000-2001           $4,500,000
               2001-2002           $4,500,000
               2002-2003           $4,500,000
               2003-2004           $9,850,000
               2004-2005           $16,850,000
               2005-2006           $22,850,000
               2006-2007           $22,850,000
               2007-2008           $22,850,000
               2008-2009           $22,850,000
               2009-2010           $22,850,000
               2010-2011           $22,850,000
               2011-2012           $15,000,000
               2012-2013           [$15,000,000] $22,850,000
               2013-2014           $15,000,000
               2014-2015           $15,000,000
               2015-2016           $15,000,000
               2016-2017           $15,000,000
               2017-2018           $15,000,000
               2018-2019           $15,000,000
               2019-2020           $15,000,000

S. 6255                            64                            A. 9055

               2020-2021           $15,000,000
               2021-2022           $15,000,000
               2022-2023           $15,000,000
               2023-2024           $15,000,000
               2024-2025           $15,000,000
               2025-2026           $15,000,000
               2026-2027           $15,000,000
               2027-2028           $15,000,000
               2028-2029           $15,000,000
               2029-2030           $15,000,000
               2030-2031           $15,000,000
               2031-2032           $15,000,000
               2032-2033           [$15,000,000] $7,150,000
  S 2. This act shall take effect April 1, 2012.

                                 PART L

  Section  1.  Paragraph  i of subdivision 1 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is  amended  to
read as follows:
  i.  "Lowest  price" means the basis for awarding contracts for commod-
ities AND SERVICES among responsive and responsible offerers.
  S 2. Paragraph j of subdivision 1 of section 163 of the state  finance
law,  as  added by chapter 83 of the laws of 1995, is amended to read as
follows:
  j. "Best value" means the basis for awarding contracts for COMMODITIES
AND services to the offerer which optimizes quality, cost and  efficien-
cy, among responsive and responsible offerers. Such basis shall reflect,
wherever  possible,  objective and quantifiable analysis. SUCH BASIS MAY
ALSO IDENTIFY A QUANTITATIVE FACTOR FOR OFFERERS THAT  ARE  SMALL  BUSI-
NESSES  OR  CERTIFIED  MINORITY-  OR WOMEN-OWNED BUSINESS ENTERPRISES AS
DEFINED IN SUBDIVISIONS ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION  THREE
HUNDRED  TEN OF THE EXECUTIVE LAW TO BE USED IN EVALUATION OF OFFERS FOR
AWARDING OF CONTRACTS FOR COMMODITIES AND SERVICES.
  S 3. Subparagraphs (ii), (iv), (v),  and  (viii)  of  paragraph  a  of
subdivision 3 of section 163 of the state finance law, as added by chap-
ter  83 of the laws of 1995, subparagraph (iv) as amended by chapter 430
of the laws of 1997, and subparagraph (viii) as amended by  section  165
of subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
  (ii)  Commodities  contracts  shall  be awarded on the basis of lowest
price to a responsive and responsible offerer; or, in the case of multi-
ple awards, in accordance with paragraph c of subdivision  ten  of  this
section.  WHERE  THE  COMMISSIONER REASONABLY DETERMINES THAT A SPECIFIC
COMMODITIES PROCUREMENT WOULD RESULT IN LOWER COST TO  THE  STATE,  SUCH
CONTRACT  MAY ALSO BE AWARDED ON THE BASIS OF BEST VALUE TO A RESPONSIVE
AND RESPONSIBLE OFFERER; OR, IN THE CASE OF MULTIPLE AWARDS, IN  ACCORD-
ANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION AND AS OTHER-
WISE  REQUIRED  BY  SUBDIVISION FOUR OF THIS SECTION. SUCH DETERMINATION
SHALL BE INCLUDED IN THE PROCUREMENT RECORD.
  (iv) The commissioner is authorized to permit [any  officer,  body  or
agency of the state or of a political subdivision or a district therein,
or  fire  company  or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make] purchases  of
commodities  AND  SERVICES  FOR  AUTHORIZED  USERS through the office of
general services' centralized contracts[, pursuant to the provisions  of

S. 6255                            65                            A. 9055

section  one hundred four of the general municipal law. The commissioner
is authorized to permit any  county  extension  service  association  as
authorized under subdivision eight of section two hundred twenty-four of
the  county  law, or any association or other entity as specified in and
in accordance with section one hundred nine-a of the  general  municipal
law,  or  any  other association or entity as specified in state law, to
make purchases of commodities through the office  of  general  services'
centralized  contracts; provided, however, that such entity so empowered
shall accept sole responsibility for any payment  due  with  respect  to
such  purchase].    SUCH AUTHORIZED USERS SO EMPOWERED SHALL ACCEPT SOLE
RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASES.
  (v) Consistent with guidelines issued by the state  procurement  coun-
cil,  state agencies may competitively purchase commodities AND SERVICES
procured in accordance with this article in lieu  of  using  centralized
contracts when the resultant price is less than the centralized contract
price.
  [(viii)  The commissioner may permit and prescribe the conditions for,
(A) any association, consortium or group of privately owned  or  munici-
pal,  federal  or  state  owned  or operated hospitals, medical schools,
other health related facilities or voluntary ambulance  services,  which
have  entered into a contract and made mutual arrangements for the joint
purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf or of the blind listed in section  forty-two  hundred  one  of  the
education  law; (C) any qualified non-profit-making agency for the blind
approved by the commissioner  of  the  office  of  children  and  family
services  or  the office of temporary and disability assistance; (D) any
qualified charitable non-profit-making agency for the severely  disabled
approved  by the commissioner of education; (E) any hospital or residen-
tial health care facility as defined in section twenty-eight hundred one
of the public health law; (F) any private not-for-profit mental  hygiene
facility  as  defined in section 1.03 of the mental hygiene law; and (G)
any public authority or public benefit corporation of the state, includ-
ing the port authority of New York and New  Jersey  and  the  interstate
environmental  commission, to make purchases using centralized contracts
for commodities. Such qualified non-profit-making agencies for the blind
and severely disabled may make purchases from  the  correctional  indus-
tries program of the department of corrections and community supervision
subject to rules pursuant to the correction law.]
  S  4. Paragraph d of subdivision 3 of section 163 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to  read  as
follows:
  d. The commissioner may make, or cause to be made by a duly authorized
representative,  any  investigation  which he or she may deem proper for
acquiring the necessary information from a state agency for the exercise
of his or her powers and duties under this  [subdivision]  ARTICLE.  For
such purposes the commissioner may subpoena and compel the attendance of
witnesses  before  him  or her, or an authorized representative, and may
compel the production  of  books,  papers,  records  or  documents.  The
commissioner  or  a  duly  authorized  representative  may take and hear
proofs and testimony and, for that purpose, the commissioner or the duly
authorized representative may administer oaths. In addition, the commis-
sioner or the duly authorized representative:
  (i) Shall have access at all reasonable  times  to  offices  of  state
agencies;

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  (ii)  May examine all books, papers, records and documents in any such
state agency as pertain directly to the purchase,  control  or  distrib-
ution of commodities; and
  (iii)  May  require any state agency to furnish such data, information
or statement as may be necessary.
  S 5. Paragraph e of subdivision 4 of section 163 of the state  finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  e.  [Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal  law.  The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and New  Jersey.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  and  the  New  York  State Association of Library
Boards or any other library except  those  which  are  operated  by  for
profit  entities,  to  make  purchases of services through the office of
general services' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.] THE COMMISSIONER IS AUTHORIZED TO PERMIT
PURCHASES OF SERVICES FOR AUTHORIZED USERS THROUGH THE OFFICE OF GENERAL
SERVICES'  CENTRALIZED  CONTRACTS.    SUCH AUTHORIZED USERS SO EMPOWERED
SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT  DUE  WITH  RESPECT  TO
SUCH PURCHASES.
  S  6.  The  section  heading  and  subdivision 1 of section 104 of the
general municipal law, as amended by section 7 of subpart A of part C of
chapter 97 of the laws of 2011, are amended to read as follows:
  Purchase through office of  general  services;  PURCHASES  FROM  OTHER
PUBLIC  CONTRACTS;  certain  federal  contracts.  1. Notwithstanding the
provisions of section one hundred three of this article or of any  other
general,  special  or local law, any officer, board or agency of a poli-
tical subdivision, of a district therein, of a  fire  company  or  of  a
voluntary ambulance service authorized to make purchases of COMMODITIES,
materials,  equipment,  TECHNOLOGY,  food  products, [or] supplies[,] or
services available pursuant to [sections one hundred sixty-one  and  one
hundred  sixty-seven]  SECTION  ONE  HUNDRED  SIXTY-THREE  of  the state
finance law, may make such  purchases[,  except  of  printed  material,]
through the office of general services OR ANY OTHER DEPARTMENT OR AGENCY
OF THE STATE subject to [such] rules [as may be established from time to
time]  PROMULGATED pursuant to [sections one hundred sixty-three and one
hundred sixty-seven] ARTICLE ELEVEN of the state finance  law;  provided
that  any  such  purchase shall exceed five hundred dollars and that the
political subdivision, district, fire  company  or  voluntary  ambulance
service  for  which such officer, board or agency acts shall accept sole
responsibility for any payment due the vendor. All  purchases  shall  be
subject  to audit and inspection by the political subdivision, district,
fire company or voluntary ambulance service for which made. No  officer,
board  or agency of a political subdivision, or a district therein, of a
fire company or of a voluntary ambulance service shall make any purchase
through such [office] PUBLIC ENTITY when bids  have  been  received  for
such purchase by such officer, board or agency, unless such purchase may

S. 6255                            67                            A. 9055

be  made  upon  the same terms, conditions and specifications at a lower
price through such office. Two or more fire companies or voluntary ambu-
lance services may join in making purchases pursuant  to  this  section,
and  for  the purposes of this section such groups shall be deemed "fire
companies or voluntary ambulance services."
  S 7. Subparagraph (i) of paragraph b of subdivision 4 of  section  163
of the state finance law, as added by chapter 83 of the laws of 1995 and
as  designated by chapter 137 of the laws of 2008, is amended to read as
follows:
  (i) Centralized contracts for services may be procured by  the  office
of general services at the request of state agencies [and state agencies
may when such centralized contracts are in the form, function or utility
required   by   said   agency,  purchase  from  established  centralized
contracts. The state procurement council may, from time to time, require
that state agencies procure services from certain centralized contracts]
OR AS DETERMINED BY THE COMMISSIONER. THE PURCHASE OF SERVICES BY  STATE
AGENCIES  SHALL BE CONDUCTED IN A MANNER THAT ACCORDS SECOND PRIORITY TO
CENTRALIZED CONTRACTS MEETING FORM, FUNCTION  AND  UTILITY  REQUIRED  BY
SAID  AGENCY,  THIRD  PRIORITY  TO  AGENCY  OR  MULTI-AGENCY ESTABLISHED
CONTRACTS AND FOURTH PRIORITY TO OTHER MEANS OF CONTRACTING.
  S 8. Paragraph d of subdivision 4 of section 163 of the state  finance
law,  as  added by chapter 83 of the laws of 1995, is amended to read as
follows:
  d. Service contracts shall be awarded on the basis of best value to  a
responsive  and responsible offerer; or, in the case of multiple awards,
in accordance with paragraph c  of  subdivision  ten  of  this  section.
WHERE  THE  COMMISSIONER  REASONABLY DETERMINES THAT A SPECIFIC SERVICES
PROCUREMENT WOULD RESULT IN LOWER COST TO THE STATE, SUCH  CONTRACT  MAY
ALSO  BE AWARDED ON THE BASIS OF LOW PRICE TO A RESPONSIVE AND RESPONSI-
BLE OFFERER; OR, IN THE CASE OF  MULTIPLE  AWARDS,  IN  ACCORDANCE  WITH
PARAGRAPH  (C)  OF  SUBDIVISION  TEN  OF  THIS  SECTION AND AS OTHERWISE
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. SUCH  DETERMINATION  SHALL
BE INCLUDED IN THE PROCUREMENT RECORD.
  S  9.  Subdivision 5 of section 163 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  5. Process for conducting state procurements. The process for conduct-
ing state procurements for services and commodities shall be as follows:
  a. Determination of need. State  agencies  shall  be  responsible  for
determining the need for a given service or commodity:
  (i)  For  commodities, upon such determination of need, state agencies
shall ascertain whether the commodity is available in the form, function
and utility consistent with their needs from preferred  sources  and  if
so,  shall purchase said commodity from a preferred source in accordance
with the provisions of this article. If not so available, state agencies
shall determine whether the commodity is available in the form, function
and utility consistent with their needs on a centralized contract and if
so, except as provided in subparagraph (v) of paragraph a of subdivision
three of this section, shall purchase said commodity using the  central-
ized contract. If a commodity is not available in the form, function and
utility  consistent  with the needs of the state agency from a preferred
source or a centralized contract or as provided for in subparagraph  (v)
of  paragraph  a  of subdivision three of this section, the state agency
may procure the commodity independently or in conjunction  with  another
state agency in accordance with paragraph c of subdivision three of this
section.

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  (ii)  For  services,  upon  such determination of need, state agencies
shall ascertain whether the service is available in the  form,  function
and  utility  consistent with their needs from preferred sources and, if
so, shall purchase said service through the preferred source in  accord-
ance  with  the  provisions  of this article. If not so available, state
agencies [may]:
  (A) [Purchase] SHALL PURCHASE the service if it is  available  in  the
form,  function  and utility consistent with their needs using an estab-
lished centralized contract procured by either  the  office  of  general
services or another state agency;
  (B)  [Request] MAY REQUEST that the office of general services procure
such a service, particularly with respect to those services having util-
ity and/or benefit to more than one state agency; or
  (C) [Procure] MAY PROCURE the service independently or in  conjunction
with another state agency.
  [b.  The  state  procurement  council  may, from time to time, require
state agencies to procure certain services from centralized contracts.]
  S 10. Subdivision 7 of section  163  of  the  state  finance  law,  as
amended  by  section 10 of part FF of chapter 56 of the laws of 2010, is
amended to read as follows:
  7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select  among
permissible  methods  of  procurement  including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state  procurement  council.  State
agencies  may  accept  bids  electronically  including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
of this chapter and may, for COMMODITY, SERVICE AND technology contracts
[and, in addition, for the period from July first, two thousand ten,  to
July  first, two thousand twelve, fuels (home heating, diesel, gasoline,
natural gas),  road  salt,  recycled  paper,  tires,  telecommunications
equipment, industrial supplies (tools, equipment), bituminous materials,
drainage  and  culvert pipe, and road aggregate (gravel),] require elec-
tronic submission as the sole method for the submission of bids for  the
solicitation,  provided  that the agency has made a determination, which
shall be documented in the procurement record, that such method  affords
a  fair  and equal opportunity for offerers to submit responsive offers.
Except where otherwise provided by law, procurements  shall  be  compet-
itive,  and state agencies shall conduct formal competitive procurements
to the maximum extent practicable. State  agencies  shall  document  the
determination of the method of procurement and the basis of award in the
procurement  record.  Where the basis for award is the best value offer,
the state agency shall  document,  in  the  procurement  record  and  in
advance of the initial receipt of offers, the determination of the eval-
uation criteria, which whenever possible, shall be quantifiable, and the
process  to be used in the determination of best value and the manner in
which the evaluation process and selection shall be conducted.
  S 11. Subdivision 8 of section  163  of  the  state  finance  law,  as
amended  by  chapter  95  of  the  laws  of  2000, is amended to read as
follows:
  8. Public notice. All procurements by  state  agencies  in  excess  of
[fifteen]  FIFTY  thousand  dollars  shall  be advertised in the state's
procurement opportunities newsletter in accordance with  article  four-C
of the economic development law.

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  S  12.  Paragraph  (a)  of  subdivision  2 of section 112 of the state
finance law, as amended by section 2 of part D of chapter 56 of the laws
of 2006, is amended to read as follows:
  (a)  Before  any contract made for or by any state agency, department,
board, officer, commission, or institution, except the office of general
services, shall be executed or become effective, whenever such  contract
exceeds  fifty  thousand  dollars in amount and before any contract made
for or by the office of general services shall  be  executed  or  become
effective,  whenever  such contract exceeds eighty-five thousand dollars
in amount, it shall first be approved by the comptroller  and  filed  in
his  or  her office, [provided, however, that the] WITH THE EXCEPTION OF
CONTRACTS ESTABLISHED AS A CENTRALIZED CONTRACT THROUGH  THE  OFFICE  OF
GENERAL  SERVICES  AND PURCHASE ORDERS OR OTHER PROCUREMENT TRANSACTIONS
ISSUED UNDER SUCH CENTRALIZED CONTRACTS. THE comptroller  shall  make  a
final  written  determination  with respect to approval of such contract
within ninety days of the submission of such  contract  to  his  or  her
office  unless the comptroller shall notify, in writing, the state agen-
cy, department, board, officer, commission, or institution, prior to the
expiration of the ninety day period, and for good cause, of the need for
an extension of not more than fifteen days, or a  reasonable  period  of
time agreed to by such state agency, department, board, officer, commis-
sion,  or  institution and provided, further, that such written determi-
nation or extension shall be made part of the procurement record  pursu-
ant to paragraph f of subdivision one of section one hundred sixty-three
of this chapter.
  S  13.  Section  3 of the New York state printing and public documents
law, as added by chapter 160 of the  laws  of  1976,  subdivision  1  as
amended by chapter 849 of the laws of 1987, and subdivision 5 as amended
by chapter 346 of the laws of 1991, is amended to read as follows:
  S  3.  Powers and duties of commissioner OF GENERAL SERVICES AND STATE
AGENCIES IN  PURCHASING  PRINTING.    1.  The  commissioner  of  general
services  shall  have  general  supervision  over  the  letting  of  all
contracts for public printing provided to be made herein.  In  addition,
the  commissioner  shall  exercise  such further supervision and control
over all contracts for department printing [as herein  defined  that  he
has  heretofore exercised or may hereafter deem] PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.  THE COMMISSIONER MAY,  AS
deemed appropriate [including, but not limited to, the establishment of]
ESTABLISH  standard  sizes and grades of paper and OTHER NECESSARY spec-
ifications for paper; provided, however, that such specifications  shall
be  in accordance with those established pursuant to section one hundred
[sixty-four] SIXTY-THREE AND SUBDIVISION THREE OF  SECTION  ONE  HUNDRED
SIXTY-FIVE of the state finance law.
  (A)  THE COMMISSIONER OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR THE
STANDARDIZATION AND CENTRALIZED  CONTRACTING  OF  PRINTING  REQUIRED  BY
STATE  AGENCIES  IN  A  MANNER  WHICH  MAXIMIZES THE PURCHASING VALUE OF
PUBLIC FUNDS.  PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE  STATE
FINANCE  LAW, CONTRACTS FOR PRINTING MAY BE ESTABLISHED BY THE OFFICE OF
GENERAL SERVICES OR STATE AGENCIES, AND STATE AGENCIES  MAY,  WHEN  SUCH
CENTRALIZED  CONTRACTS ESTABLISHED BY THE OFFICE OF GENERAL SERVICES ARE
IN THE FORM, FUNCTION AND UTILITY REQUIRED BY SAID AGENCY, PURCHASE FROM
SUCH CENTRALIZED CONTRACTS.  WHEN PRINTING IS NOT  AVAILABLE  CONSISTENT
WITH  THE  PROVISIONS  OF  SECTION  ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW IN THE FORM, FUNCTION AND UTILITY REQUIRED  BY  STATE  AGEN-
CIES,  STATE  AGENCIES MAY PROCURE PRINTING INDEPENDENTLY OR IN CONJUNC-
TION WITH OTHER STATE AGENCIES.

S. 6255                            70                            A. 9055

  (B) PRINTING CONTRACTS SHALL BE AWARDED ON THE BASIS OF  LOWEST  PRICE
OR BEST VALUE TO A RESPONSIVE AND RESPONSIBLE OFFEROR; OR IN THE CASE OF
MULTIPLE  AWARDS, IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN OF
SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
  2. [The commissioner may appoint an expert printer and such assistants
and  employees  as  shall  be  authorized  by appropriations made by the
legislature therefor, and such employees shall receive such salaries  as
shall be fixed by the legislature in such appropriation.
  3. It shall be the duty of said commissioner, in accordance with rules
and  regulations to be prescribed by him, to let to the lowest responsi-
ble bidder, as hereinafter provided, and as will best promote the public
interest, all contracts for the work embraced in the legislative  print-
ing  and department printing as those terms are in this chapter defined,
except printing done pursuant to law in the correctional  facilities  of
the  state,  in the state charitable and benevolent institutions for the
benefit of such institutions, or  by  the  board  or  commission  having
fiscal  control  of such institutions, the printing of examination ques-
tion papers or printing done for the education department or the schools
under its jurisdiction in the rooms of the university of  the  state  of
New  York  by  its  employees,  the  stationery used by the legislature,
briefs and cases on appeal and the bulletins issued by  the  Geneva  and
Ithaca experimental stations.] No contract for department printing shall
be  let  to  a  bidder who, in the opinion of the commissioner, does not
have satisfactory facilities and equipment which are  ample  and  suffi-
cient  to insure proper performance of the contract or who has failed to
give adequate security in an amount which may be required by the commis-
sioner. Provided further, however, that no contract shall be  let  to  a
bidder  other  than  the  lowest  PRICE OR BEST VALUE responsible bidder
without the written approval of the comptroller.
  [4. The said commissioner shall adopt and promulgate appropriate rules
and regulations touching the manner of the performance of his  work  and
prescribing the form and manner of advertisement for bids and all requi-
sitions  made upon him for printing, except that said commissioner shall
make no rule or regulation inconsistent with  or  in  violation  of  the
provisions of this chapter.
  5.]  3.  Notwithstanding  any  of  the  foregoing  provisions  of this
section, or of any general or special act, the commissioner may contract
for printing to an  amount  not  exceeding  [ten]  EIGHTY-FIVE  thousand
dollars  without  competitive  bidding, and [may by rule prescribing the
amount, not exceeding five  thousand  dollars,  authorize]  other  state
departments  and  agencies [to let contracts,] MAY CONTRACT TO AN AMOUNT
NOT EXCEEDING FIFTY THOUSAND DOLLARS without  competitive  bidding,  for
printing  required  by them. [Such rule shall prescribe the form, manner
and content of the notice to be given to prospective vendors,  the  form
of  specifications  and proposals for such printing, and the method used
in making an award, except that as such  specifications  relate  to  the
paper  required  for  printing  they  shall  be in accordance with those
established pursuant to section one  hundred  sixty-four  of  the  state
finance law.
  Multiple  purchases  of  identical  items  of  printing  and  printing
supplies, made by such other department or  agency  without  competitive
bidding  within a period of sixty days, shall not exceed the sum of five
thousand dollars.]
  S 14. Section 6 of the New York state printing  and  public  documents
law is REPEALED.

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  S  15.  Section  7 of the New York state printing and public documents
law is REPEALED and section 7-a is renumbered section 7.
  S  16.  Section  8 of the New York state printing and public documents
law, as amended by chapter 704 of the laws of 1964 and as renumbered  by
chapter 160 of the laws of 1976, is amended to read as follows:
  S 8. Right to annul contracts.  Upon the failure or non-performance of
the  terms  of  any  of the contracts [set forth in] AWARDED PURSUANT TO
this chapter on the part of the contractors with the state, the  commis-
sioner OF GENERAL SERVICES OR THE STATE AGENCY may annul the contract in
which  default  is  made and the comptroller shall withhold payment from
the contractor for all work [done by him] PERFORMED THEREUNDER until the
damage to the state shall be ascertained by proper adjudication, and the
[said] commissioner OF GENERAL SERVICES OR THE STATE AGENCY, may  [read-
vertise  and  enter  into  a]  RELET THE contract for the balance of the
uncompleted term of [any] A contract so annulled  or  abrogated  in  the
manner prescribed in the provisions of this chapter.
  S  17. Paragraph (g) of section 1509 of the not-for-profit corporation
law, as added by chapter 151 of the laws of 1992, is amended to read  as
follows:
  (g)  Purchases through office of general services. Notwithstanding the
provisions of any general, special or local law, any officer or agent of
a cemetery corporation subject to the provisions of this article author-
ized to make purchases of [materials, equipment or supplies] COMMODITIES
AND SERVICES may make such  purchases[,  except  of  printed  material,]
through  the  office of general services subject to such rules as may be
established from time to time pursuant to  section  one  hundred  sixty-
three  of  the  state finance law; provided that any such purchase shall
exceed five hundred dollars and that the cemetery corporation for  which
such  officer  or  agent  acts  shall accept sole responsibility for any
payment due the vendor. All purchases shall  be  subject  to  audit  and
inspection by the cemetery corporation for which made. Two or more ceme-
tery  corporations may join in making purchases pursuant to this section
and, for the purposes of this section, such groups  shall  be  deemed  a
cemetery corporation.
  S  18.  Paragraph  i  of subdivision 3 of section 236 of the education
law, as added by chapter 9 of the laws of 1979, is amended  to  read  as
follows:
  i.  Any  corporation  created under the provisions of this section may
make purchases[, except of printed material, through the state divisions
of standards and quality control; and of purchasing in the]  OF  COMMOD-
ITIES  AND  SERVICES  THROUGH  THE office of general services subject to
such rules as may be established from time to time pursuant  to  section
one  hundred  sixty-three  of  the state finance law; provided that each
such purchase shall have a cost of five hundred dollars or more and that
said corporation shall accept sole responsibility  for  any  payment  of
such cost due the vendor.
  S  19.  Section 258-a of the education law, as added by chapter 106 of
the laws of 1980, is amended to read as follows:
  S 258-a. Purchases  by  museums,  historical   societies,   zoological
gardens,  aquariums,  botanical  gardens  and arboreta through office of
general services.   Museums, historical societies,  zoological  gardens,
aquariums,  botanical gardens and arboreta which are chartered or incor-
porated by the regents or  otherwise  formed  pursuant  to  section  two
hundred  sixteen  of  this  chapter or otherwise pursuant to the laws of
this state and are also non-profit ORGANIZATIONS may make  purchases  [,
except  of  printed  material,]  OF COMMODITIES AND SERVICES through the

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[state division of standards and purchase  in  the]  office  of  general
services  subject  to such rules as may be established from time to time
pursuant to section one hundred sixty-three of the  state  finance  law;
provided  that  each  such  purchase  shall  have a cost of five hundred
dollars or more and that said  museum,  historical  society,  zoological
garden, aquarium, botanical garden or arboreta shall accept sole respon-
sibility for any payment of such cost due the vendor.
  S  20.  Section  6404 of the education law, as added by chapter 734 of
the laws of 1976, is amended to read as follows:
  S 6404. Purchases by certain independent institutions.  Any postsecon-
dary institution chartered under the powers of the regents  pursuant  to
section  two  hundred sixteen or incorporated under a special act of the
legislature may make purchases[, except of printed material,] OF COMMOD-
ITIES AND SERVICES pursuant to the terms of contracts let by the  [state
division  of  standards  and purchase in the] office of general services
subject to such rules as may be established from time to  time  pursuant
to  section  one  hundred sixty-three of the state finance law which may
establish limitations with  respect  to  commodities  AND  SERVICES  and
impose  such  other  appropriate  conditions  upon  purchasing as deemed
necessary by the commissioner of general services in  order  to  protect
the  state's  own purchasing interests; provided that each such purchase
shall have a cost of five hundred dollars or more and that said  [corpo-
ration]  INSTITUTION shall accept sole responsibility for any payment of
such cost due the vendor.
  S 21. Section 104 of the general municipal law, as amended by  chapter
137 of the laws of 2008, is amended to read as follows:
  S  104.  Purchase  through office of general services. Notwithstanding
the provisions of section one hundred three of this article  or  of  any
other  general,  special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of  a
voluntary  ambulance service IS authorized to make purchases of [materi-
als, equipment, food products, or supplies, or services] COMMODITIES AND
SERVICES available pursuant to [sections one hundred sixty-one  and  one
hundred  sixty-seven]  SECTION  ONE  HUNDRED  SIXTY-THREE  of  the state
finance law, may make such  purchases[,  except  of  printed  material,]
through  the  office of general services subject to such rules as may be
established from time to time pursuant to [sections] SECTION one hundred
sixty-three [and one hundred sixty-seven] of the state  finance  law  or
through  the general services administration pursuant to section 1555 of
the federal acquisition streamlining act of 1994, P.L. 103-355; provided
that any such purchase shall exceed five hundred dollars  and  that  the
political  subdivision,  district,  fire  company or voluntary ambulance
service for which such officer, board or agency acts shall  accept  sole
responsibility  for  any  payment due the vendor. All purchases shall be
subject to audit and inspection by the political subdivision,  district,
fire  company or voluntary ambulance service for which made. No officer,
board or agency of a political subdivision, or a district therein, of  a
fire company or of a voluntary ambulance service shall make any purchase
through  such  office  when bids have been received for such purchase by
such officer, board or agency, unless such purchase may be made upon the
same terms, conditions and specifications at a lower price through  such
office.  Two  or more fire companies or voluntary ambulance services may
join in making purchases pursuant to this section, and for the  purposes
of this section such groups shall be deemed "fire companies or voluntary
ambulance services."

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  S  22. Section 109-a of the general municipal law, as amended by chap-
ter 502 of the laws of 2002, is amended to read as follows:
  S  109-a.  Purchases through the office of general services by certain
public associations. The New York State  Association  of  Counties,  the
Association  of  Towns of the State of New York, the New York State Town
Clerk's Association, Inc., the New York State Conference of  Mayors  and
Other Municipal Officials, the New York State School Boards Association,
Inc.,  the  New  York  Planning  Federation  and the Association of Fire
Districts of the State of New York, the New York  State  Association  of
School  Business  Officials, the New York state council of school super-
intendents, any nonpublic elementary  and/or  secondary  school  of  the
state  of  New  York, which provides the instruction required by section
thirty-two hundred four and article seventeen of the education law,  and
which  is  chartered  by,  registered with or subject to examination and
inspection by the department of education and which is a not for  profit
institution and any public library, association library, library system,
cooperative  library  system,  the New York Library Association, and the
New York State Association of Library Boards or any other library except
those which are operated by for profit entities,  may  make  purchases[,
except  of  printed  material,]  through  the office of general services
subject to such rules as may be [established from time to time]  PROMUL-
GATED  pursuant  to  [sections] SECTION one hundred sixty-three [and one
hundred sixty-five] of the state finance law and subdivision eight-a  of
section  one  hundred  three of this article which may establish limita-
tions with respect to commodities  and  impose  such  other  appropriate
conditions  upon  purchasing  as deemed necessary by the commissioner of
general services in order to protect the state's own  purchasing  inter-
ests;  and  that  such  association,  school, library, library system or
cooperative library system shall  accept  sole  responsibility  for  any
payment  due  the  vendor. Boards of education may permit such nonpublic
schools to make purchases pursuant to this section  through  the  school
district  in  which  the  nonpublic school is located, provided that any
administrative costs incurred by the school district will be paid by the
nonpublic school.
  S 23. Subdivision (a) of section 2 of chapter 741 of the laws of  1985
relating  to  authorizing  certain organizations to purchase commodities
and services  under  contracts  let  by  the  state  office  of  general
services,  as  amended by chapter 134 of the laws of 1994, is amended to
read as follows:
  (a) Any charitable organization or federation of charitable  organiza-
tions,  as  defined  in subdivision (b) of this section, maintaining its
office in a county of the state and performing all  or  the  predominant
part of its charitable, benevolent or philanthropic services or conduct-
ing  all  or  the  predominant  part  of  its solicitation of charitable
contributions in such county and any county, town or other  agricultural
society,  the  American  institute  of  the city of New York, performing
their activities in any such county on  or  after  January  1,  1993  is
authorized  to make purchases[, except of printed material,] pursuant to
the terms of contracts let by the [state divisions of purchasing and  of
standards and quality control of the] office of general services subject
to such rules as may be [established from time to time under] PROMULGAT-
ED  PURSUANT  TO the provisions of section 163 of the state finance law,
which may establish limitations with respect to commodities AND SERVICES
and impose such other appropriate conditions upon purchasing  as  deemed
necessary  by  the  commissioner of general services in order to protect
the state's own purchasing interests; provided that each  such  purchase

S. 6255                            74                            A. 9055

shall  exceed five hundred dollars and that such charitable organization
or federation of charitable organizations shall accept sole responsibil-
ity for any payment due the vendor.
  S  24. Subdivision 7 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  7. "Service" or "services" means[, except with  respect  to  contracts
for  state printing,] the performance of a task or tasks and may include
a material good or a quantity  of  material  goods,  and  which  is  the
subject  of  any  purchase  or  other exchange. For the purposes of this
article, technology shall be deemed a service. Services, as  defined  in
this  article,  shall  not  apply  to those contracts for architectural,
engineering or  surveying  services,  or  those  contracts  approved  in
accordance with article eleven-B of this chapter.
  S  25.  Paragraph  a  of subdivision 5 of section 355 of the education
law, as amended by section 1 of subpart B of part D of chapter 58 of the
laws of 2011, is amended to read as follows:
  a.  (i)  purchase  materials,   PROPRIETARY   ELECTRONIC   INFORMATION
RESOURCES  INCLUDING  BUT  NOT  LIMITED  TO  ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
TOOLS, INDEXES AND ABSTRACTS, equipment and supplies, including computer
equipment  and  motor  vehicles, (ii) execute contracts for construction
and construction-related services  contracts,  and  (iii)  contract  for
printing,  without  prior approval by any other state officer or agency,
but subject to rules and regulations of the state comptroller not other-
wise inconsistent with the provisions of this section and in  accordance
with  guidelines  promulgated  by the state university board of trustees
after consultation with the state comptroller;
  S 25-a.  Paragraph a of subdivision 5 of section 355 of the  education
law,  as  amended by chapter 682 of the laws of 2007, is amended to read
as follows:
  a.  (i)  purchase  materials,   PROPRIETARY   ELECTRONIC   INFORMATION
RESOURCES  INCLUDING  BUT  NOT  LIMITED  TO  ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
TOOLS,  INDEXES AND ABSTRACTS equipment and supplies, including computer
equipment and motor vehicles, where the amount  for  a  single  purchase
does  not  exceed  twenty  thousand  dollars, (ii) execute contracts for
services and construction contracts to an amount  not  exceeding  twenty
thousand  dollars,  and  (iii)  contract  for  printing to an amount not
exceeding five thousand dollars, without prior  approval  by  any  other
state  officer  or  agency,  but subject to rules and regulations of the
state comptroller not otherwise inconsistent with the provisions of this
section and in accordance with the rules and regulations promulgated  by
the state university board of trustees after consultation with the state
comptroller.  In  addition,  the  trustees,  after consultation with the
commissioner of general services, are authorized to  annually  negotiate
with the state comptroller increases in the aforementioned dollar limits
and the exemption of any articles, categories of articles or commodities
from  these  limits.  Rules  and  regulations  promulgated  by the state
university board of trustees shall, to the extent  practicable,  require
that competitive proposals be solicited for purchases, and shall include
requirements  that purchases and contracts authorized under this section
be at the lowest available  price,  including  consideration  of  prices
available through other state agencies, consistent with quality require-
ments,  and as will best promote the public interest. Such purchases may
be made directly from  any  contractor  pursuant  to  any  contract  for

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commodities  let  by  the  office of general services or any other state
agency;
  S  26. Subdivision 3 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  3.  "Commodity"  or  "commodities"  means[,  except  with  respect  to
contracts  for  state  printing,]  material  goods,  supplies, products,
construction items, ELECTRONIC INFORMATION RESOURCES or  other  standard
articles  of  commerce  [other than technology] which are the subject of
any purchase or other exchange.
  S 27. Subdivision 1 of section 163 of the state finance law is amended
by adding a new paragraph k to read as follows:
  K. "AUTHORIZED USER" OR "NON-STATE AGENCY  PURCHASER"  MEANS  (I)  ANY
OFFICER,  BODY OR AGENCY OF THE STATE OR OF A POLITICAL SUBDIVISION OR A
DISTRICT THEREIN, OR FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS SUCH
ARE DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, TO MAKE
PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY THROUGH THE OFFICE  OF
GENERAL  SERVICES'  CENTRALIZED CONTRACTS, PURSUANT TO THE PROVISIONS OF
SECTION ONE HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW; (II)  ANY  COUNTY
EXTENSION  SERVICE  ASSOCIATION AS AUTHORIZED UNDER SUBDIVISION EIGHT OF
SECTION TWO HUNDRED TWENTY-FOUR OF THE COUNTY LAW; (III) ANY ASSOCIATION
OR OTHER ENTITY AS SPECIFIED IN  AND  IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED  NINE-A  OF  THE  GENERAL  MUNICIPAL  LAW; (IV) ANY ASSOCIATION,
CONSORTIUM OR GROUP OF PRIVATELY OWNED OR MUNICIPAL,  FEDERAL  OR  STATE
OWNED  OR  OPERATED  HOSPITALS,  MEDICAL  SCHOOLS,  OTHER HEALTH RELATED
FACILITIES OR VOLUNTARY AMBULANCE SERVICES, WHICH HAVE  ENTERED  INTO  A
CONTRACT  AND MADE MUTUAL ARRANGEMENTS FOR THE JOINT PURCHASE OF COMMOD-
ITIES, SERVICES AND TECHNOLOGY PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED
THREE-A  OF  THE PUBLIC HEALTH LAW; (V) ANY INSTITUTION FOR THE INSTRUC-
TION OF THE DEAF OR OF THE BLIND LISTED IN SECTION FORTY-TWO HUNDRED ONE
OF THE EDUCATION LAW; (VI) ANY QUALIFIED  NON-PROFIT-MAKING  AGENCY  FOR
THE  BLIND  APPROVED  BY  THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE;
(VII) ANY QUALIFIED CHARITABLE NON-PROFIT-MAKING AGENCY FOR THE SEVERELY
DISABLED  APPROVED BY THE COMMISSIONER OF EDUCATION; (VIII) ANY HOSPITAL
OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN  SECTION  TWENTY-EIGHT
HUNDRED  ONE  OF  THE PUBLIC HEALTH LAW; (IX) ANY PRIVATE NOT-FOR-PROFIT
MENTAL HYGIENE FACILITY AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE
LAW; (X) ANY PUBLIC AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION  OF  THE
STATE,  INCLUDING  THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE
INTERSTATE ENVIRONMENTAL COMMISSION; (XI) ANY  PUBLIC  LIBRARY,  ASSOCI-
ATION  LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY SYSTEM, THE NEW YORK
LIBRARY ASSOCIATION, AND THE  NEW  YORK  STATE  ASSOCIATION  OF  LIBRARY
BOARDS  OR  ANY  OTHER  LIBRARY  EXCEPT  THOSE WHICH ARE OPERATED BY FOR
PROFIT ENTITIES; (XII) ANY OTHER ASSOCIATION OR ENTITY AS  SPECIFIED  IN
STATE  LAW,  TO  MAKE  PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY
THROUGH THE OFFICE OF GENERAL SERVICES'  CENTRALIZED  CONTRACTS.    SUCH
QUALIFIED NON-PROFIT-MAKING AGENCIES FOR THE BLIND AND SEVERELY DISABLED
MAY  MAKE  PURCHASES  FROM  THE  CORRECTIONAL  INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  SUBJECT  TO  RULES
PURSUANT TO THE CORRECTION LAW.
  S  28.  Subdivision 5 of section 362 of chapter 83 of the laws of 1995
amending the state finance law and other laws relating to  bonds,  notes
and  revenues, as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
  5. Sections thirty-one through forty-two of this act shall take effect
on the thirtieth day after it shall have  become  a  law  and  shall  be

S. 6255                            76                            A. 9055

deemed  to  have  been  in  full  force and effect on and after April 1,
1995[; provided that section 163 of the state finance law, as  added  by
section  thirty-three  of this act shall remain in full force and effect
until  June  30,  2012  at  which  time  it  shall  expire and be deemed
repealed. Contracts executed prior to the expiration of such section 163
shall remain in full force and effect until the expiration of  any  such
contract  notwithstanding  the  expiration of certain provisions of this
act].
  S 29. Section 179-ee of the state finance law is amended by  adding  a
new subdivision 3 to read as follows:
  3.  A  MODIFICATION  TO  A CONTRACT THAT WOULD RESULT IN A TRANSFER OF
FUNDS AMONG PROGRAM ACTIVITIES OR BUDGET COST CATEGORIES  BUT  DOES  NOT
AFFECT  THE AMOUNT, CONSIDERATION, SCOPE OR OTHER TERMS OF SUCH CONTRACT
SHALL NOT, BY ITSELF, REQUIRE  SUCH  CONTRACT  AND  MODIFICATION  TO  BE
SUBMITTED TO THE COMPTROLLER FOR REVIEW; PROVIDED, HOWEVER, THAT IF SUCH
MODIFICATION IS IN AN AMOUNT EQUAL TO OR GREATER THAN TEN PERCENT OF THE
TOTAL  VALUE  OF  THE  CONTRACT,  THE  COMPTROLLER MAY REQUIRE THAT SUCH
MODIFICATION BE SUBMITTED TO HIM OR HER FOR REVIEW.
  S 30. This act shall take effect immediately, provided, however,  that
procurement contracts for which bid solicitations have been issued prior
to  the effective date of this act shall be subject to the provisions of
law in effect at the time of issuance; and provided, however,  that  the
amendments  to  section 104 of the general municipal law made by section
six of this act shall be subject to the expiration and reversion of such
section pursuant to section 9 of subpart A of part C of  chapter  97  of
the  laws of 2011, when upon such date the provisions of section twenty-
one of this act shall take  effect;  and  provided,  however,  that  the
amendments  to paragraph a of subdivision 5 of section 355 of the educa-
tion law made by section twenty-five of this act shall be subject to the
expiration and reversion of such subdivision pursuant to  section  4  of
subpart  B  of  part D of chapter 58 of the laws of 2011, when upon such
date the provisions of section twenty-five-a  of  this  act  shall  take
effect; and provided further, however, that section twenty-eight of this
act  shall  be deemed to have been in full force and effect on and after
April 1, 2012.

                                 PART M

  Section 1. The civil service law is amended by adding a new section 66
to read as follows:
  S 66. TERM APPOINTMENTS  IN  PROFESSIONAL,  SCIENTIFIC,  TECHNICAL  OR
OTHER  EXPERT SERVICES.  1. THE DEPARTMENT MAY AUTHORIZE A TERM APPOINT-
MENT WITHOUT EXAMINATION TO A TEMPORARY PROFESSIONAL, SCIENTIFIC,  TECH-
NICAL  OR  OTHER POSITION REQUIRING SPECIAL EXPERTISE OR QUALIFICATIONS.
SUCH APPOINTMENT MAY BE AUTHORIZED ONLY IN A CASE WHERE  THE  APPOINTING
AUTHORITY  CERTIFIES  TO  THE  DEPARTMENT  THAT  BECAUSE  OF THE TYPE OF
SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL CHARACTER OF SUCH
SERVICES, IT WOULD NOT BE PRACTICABLE TO  HOLD  AN  EXAMINATION  OF  ANY
KIND.  SUCH  CERTIFICATION  SHALL  BE  A PUBLIC DOCUMENT PURSUANT TO THE
PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL EXPERTISE  OR  QUALI-
FICATIONS  THAT  ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED THROUGH AN
APPOINTMENT FROM AN ELIGIBLE LIST. THE  MAXIMUM  PERIOD  FOR  SUCH  TERM
APPOINTMENT  ESTABLISHED  PURSUANT  TO THIS SUBDIVISION SHALL NOT EXCEED
SIXTY MONTHS AND SHALL NOT BE EXTENDED. THE MAXIMUM NUMBER OF PERSONS IN
SUCH APPOINTMENTS SHALL NOT EXCEED FIVE HUNDRED  AT  ANY  ONE  TIME.  AT
LEAST  FIFTEEN  DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS

S. 6255                            77                            A. 9055

SECTION THE APPOINTING AUTHORITY SHALL PUBLICLY AND  CONSPICUOUSLY  POST
IN ITS OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED
QUALIFICATIONS  AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID
POSITION.  AN  EMPLOYEE  APPOINTED  PURSUANT  TO  THIS PROVISION WHO HAS
COMPLETED TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL  BE
ABLE  TO  COMPETE  IN  ONE  PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO
OTHER EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPRO-
PRIATE QUALIFICATIONS.
  2. A TEMPORARY POSITION ESTABLISHED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION  MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF  ACTIVITIES  OR  OTHERWISE.  UPON
SUCH  ABOLITION  OR  AT  THE  END  OF  THE  TERM OF THE APPOINTMENT, THE
PROVISIONS  OF  SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,   EIGHTY   AND
EIGHTY-ONE  OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT  TO  SECTION  EIGHTY  OF  THIS  CHAPTER  AFFECTING
PROFESSIONAL,  SCIENTIFIC,  TECHNICAL,  OR  INFORMATION TECHNOLOGY POSI-
TIONS, THE TERM APPOINTMENTS PURSUANT TO THIS SECTION AT AN AGENCY SHALL
BE ABOLISHED PRIOR TO  THE  ABOLITION  OF  PERMANENT  COMPETITIVE  CLASS
PROFESSIONAL, SCIENTIFIC, TECHNICAL, OR INFORMATION TECHNOLOGY POSITIONS
AT SUCH AGENCY INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
  3.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
MENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO  THOSE
ELIGIBLES  IDENTIFIED  AS HAVING KNOWLEDGE, SKILLS OR CERTIFICATIONS, OR
ANY COMBINATION THEREOF,  IDENTIFIED  BY  THE  APPOINTING  AUTHORITY  AS
NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
  35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
  35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
  35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
  35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
  35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
  35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27
  35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
  35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27
  35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27
  S 2. Section 51 of the civil service law, as amended by chapter 836 of
the laws of 1968, is amended to read as follows:
  S 51. Filling vacancies by open competitive OR OPEN PROMOTION examina-
tion.  1.    Upon  the written request of the appointing officer stating
[his] THE reasons therefor, or on its own initiative,  the  state  civil
service  department or appropriate municipal commission may determine to
conduct an open competitive examination for filling a vacancy or  vacan-
cies instead of a promotion examination.
  2.  Except  where  the  state  civil service department or appropriate
municipal commission finds that there are less than three persons eligi-
ble for promotion in the promotion unit where the vacancy exists, or  in
the  department,  if  such  vacancy is not in a separate promotion unit,
[and] OR except where the department or municipal commission  determines
to conduct an open competitive and a promotion examination simultaneous-
ly,  OR  EXCEPT  WHERE  THE STATE CIVIL SERVICE DEPARTMENT DETERMINES TO
CONDUCT AN OPEN PROMOTION EXAMINATION PURSUANT TO  SUBDIVISION  FOUR  OF
THIS  SECTION,  a  notice  of intention to conduct such open competitive
examination OR OPEN PROMOTION EXAMINATION or a copy  of  the  appointing
officer's  request  for  open  competitive examination OR OPEN PROMOTION
EXAMINATION, as the case may be, shall  be  publicly  and  conspicuously

S. 6255                            78                            A. 9055

posted in the offices of both the appointing officer and the state civil
service  department or appropriate municipal commission and such request
shall not be acted upon until said notice has been posted  as  aforesaid
for a period of not less than fifteen days.
  3.  Any  employee  who believes that a promotion examination should be
held for filling such vacancy may submit  to  the  state  civil  service
department  or  appropriate  municipal commission his OR HER request, in
writing, for a promotion examination rather than an open competitive  OR
OPEN  PROMOTION  examination, stating the reasons why he OR SHE believes
it to be practicable and in the public interest to fill the  vacancy  by
promotion examination.
  4.  THE STATE CIVIL SERVICE DEPARTMENT, UPON THE WRITTEN REQUEST OF AN
APPOINTING OFFICER, OR ON ITS OWN INITIATIVE, MAY DETERMINE  TO  CONDUCT
AN  OPEN  PROMOTION  EXAMINATION  FOR  FILLING A VACANCY OR VACANCIES IN
PROFESSIONAL, TECHNICAL, SCIENTIFIC OR  ADMINISTRATIVE  POSITIONS.  SUCH
OPEN  PROMOTION  EXAMINATION  SHALL  BE  OPEN  BOTH TO PERSONS WHO WOULD
OTHERWISE BE ELIGIBLE TO PARTICIPATE IN AN OPEN COMPETITIVE  EXAMINATION
FOR  SUCH  POSITIONS  AND  TO PERSONS WHO WOULD OTHERWISE BE ELIGIBLE TO
PARTICIPATE IN A PROMOTION  EXAMINATION  FOR  SUCH  POSITIONS,  PROVIDED
HOWEVER,  THAT  PERSONS  MAY ONLY PARTICIPATE IN EITHER THE PROMOTION OR
OPEN COMPETITIVE EXAMINATION. ELIGIBLE LISTS SHALL BE CERTIFIED  IN  THE
MANNER PROVIDED IN SUBDIVISION FOUR OF SECTION SIXTY OF THIS ARTICLE.
  S  3.  Section  60 of the civil service law is amended by adding a new
subdivision 4 to read as follows:
  4. CERTIFICATION OF ELIGIBLE LISTS FROM AN OPEN PROMOTION EXAMINATION.
THE STATE DEPARTMENT OF CIVIL SERVICE SHALL CERTIFY A PROMOTION ELIGIBLE
LIST AND AN OPEN COMPETITIVE ELIGIBLE LIST CONTAINING THE NAMES  OF  ALL
SUCCESSFUL  CANDIDATES RESULTING FROM AN OPEN PROMOTION EXAMINATION HELD
PURSUANT TO SUBDIVISION FOUR OF SECTION FIFTY-ONE OF THIS  ARTICLE.  THE
PROMOTION  ELIGIBLE  LIST  SHALL  BE  ESTABLISHED IN THE SAME MANNER AND
SUBJECT TO THE SAME CONDITIONS AS WOULD OTHERWISE APPLY IF SUCH EXAMINA-
TION HAD BEEN A PROMOTION EXAMINATION; THE  RATINGS  AND  RANKS  OF  THE
CANDIDATES SHALL BE REVISED BY INCLUDING CREDIT FOR SENIORITY AND APPLY-
ING ADDITIONAL CREDITS FOR DISABLED AND NON-DISABLED VETERANS APPLICABLE
TO  PROMOTION  EXAMINATIONS.  THE  OPEN  COMPETITIVE LIST SHALL RANK ALL
SUCCESSFUL CANDIDATES IN THE ORDER OF THEIR FINAL RATINGS;  THE  RATINGS
AND  RANKS  OF  THE  CANDIDATES SHALL BE REVISED BY INCLUDING ADDITIONAL
CREDITS FOR DISABLED AND NON-DISABLED VETERANS  APPLICABLE  TO  EXAMINA-
TIONS  FOR  ORIGINAL  APPOINTMENT.  AN APPOINTING OFFICER MAY USE EITHER
LIST TO FILL A VACANCY.
  S 4. Subdivision 4 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, is amended to read as follows:
  4. Departmental and interdepartmental promotion lists. The state civil
service department and municipal commissions may establish  interdepart-
mental  promotion  ELIGIBLE  lists  which  shall  not  be certified to a
department until after the promotion eligible list for  that  department
has  been  exhausted, EXCEPT THAT WHERE IT WOULD BE IN THE BEST INTEREST
OF THE STATE SERVICE, THE STATE CIVIL SERVICE DEPARTMENT MAY CERTIFY  AN
INTERDEPARTMENTAL  PROMOTION  ELIGIBLE  LIST  AND DEPARTMENTAL PROMOTION
ELIGIBLE LIST FOR FILLING POSITIONS WITHOUT PREFERENCE  TO  THE  DEPART-
MENTAL PROMOTION ELIGIBLE LIST.
  S 5. Subdivision 11 of section 52 of the civil service law, as amended
by chapter 214 of the laws of 1989, is amended to read as follows:
  11.  Notwithstanding any other provision of law, the state [department
of] civil service DEPARTMENT may, for titles designated by it, extend to
employees in the state service who are holding or who have held a  posi-

S. 6255                            79                            A. 9055

tion  in  the  non-competitive  or  labor class of such service the same
opportunity as employees in the  competitive  class  to  take  promotion
examinations  [if  such  examinations are to be held in conjunction with
open competitive examinations].
  S 6. Subdivision 6 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, paragraph (a) as amended by chapter 210
of  the laws of 1971 and paragraph (b) as separately amended by chapters
836 and 837 of the laws of 1968, is amended to read as follows:
  6. Promotion and transfer to administrative  positions  in  the  state
service.  (a) For the purpose of this subdivision, the term "administra-
tive positions" shall include competitive class OR NON-COMPETITIVE CLASS
positions in the state service in law, personnel, budgeting, methods and
procedures, management, records analysis, and  administrative  research,
as determined by the state civil service department.
  (b) Except as provided in section fifty-one OF THIS ARTICLE, vacancies
in administrative positions IN THE COMPETITIVE CLASS shall be filled, so
far  as  practicable,  by  promotion as prescribed in subdivision one of
this section, which may be made from among persons  holding  administra-
tive  positions  in  lower  grades  without regard to the specialties of
their lower grade positions. The  civil  service  department,  upon  the
request  of an appointing officer stating the reasons why the filling of
administrative positions in grade fourteen or higher under his jurisdic-
tion from an  interdepartmental  promotion  list  or  a  promotion  list
including  persons employed in other units of government would be in the
best interests of the state service, or upon its own initiative whenever
it finds that the filling of administrative positions in grade  fourteen
or  higher in any department from such an interdepartmental or intergov-
ernmental promotion list would be in the best  interests  of  the  state
service,  may  certify  such  an  interdepartmental or intergovernmental
promotion list for filling such positions, without preference to depart-
mental lists or to  eligibles  holding  lower  grade  positions  in  the
department or promotion unit in which such positions exist.
  (c) Transfers shall be allowed between administrative positions in the
same  or  related  or collateral specialties which involve substantially
equivalent COMPETITIVE EXAMINATIONS OR NON-COMPETITIVE tests  or  quali-
fications, subject to such conditions and limitations as the state civil
service department may prescribe.
  (d)  The  provisions  of  this  subdivision  shall  be  applicable and
controlling, notwithstanding any other provisions  of  this  section  or
chapter or any other law.
  S  7. Subdivision 1 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
  1. General provisions. Except as provided in subdivisions four and six
of this section no employee IN THE COMPETITIVE OR NON-COMPETITIVE  CLASS
shall  be  transferred to a position for which there is required by this
chapter or the rules  established  hereunder  an  examination  involving
essential  tests  or  qualifications different from or higher than those
required for the position held by such employee. The state and municipal
commissions may adopt rules governing  transfers  between  positions  in
their  respective  jurisdictions  and  may  also  adopt reciprocal rules
providing for the transfer of employees from one governmental  jurisdic-
tion  to  another.  No  employee shall be transferred without his or her
consent except as provided in subdivision six of this section or    upon
the  transfer  of  functions  as  provided  in  subdivision  two of this
section. NOTWITHSTANDING THE PROVISIONS OF SECTION FIFTY OF THIS CHAPTER
OR ANY OTHER LAW, TRANSFERS IN THE STATE SERVICE PURSUANT TO THIS SUBDI-

S. 6255                            80                            A. 9055

VISION FROM NON-COMPETITIVE CLASS POSITIONS TO COMPETITIVE  CLASS  POSI-
TIONS  SHALL BE PERMITTED ONLY WHERE THE NON-COMPETITIVE TESTS OR QUALI-
FICATIONS INCLUDE POSSESSION OF CREDENTIALS, LICENSES, OR CERTIFICATIONS
GRANTED  BY  APPROPRIATE  REGULATORY  BODIES  WHICH  ARE  SIMILAR TO THE
REQUIRED ESSENTIAL TESTS OR  QUALIFICATIONS  OF  THE  COMPETITIVE  CLASS
POSITION.
  S  8. Subdivision 4 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
  4. Transfer and change of title.  Notwithstanding  the  provisions  of
subdivision  one  of  this  section  or  any other provision of law, any
permanent employee in the competitive, NON-COMPETITIVE, OR  LABOR  class
who  meets all of the requirements for a competitive examination, and is
otherwise qualified as determined by the state civil service  commission
or  the municipal civil service commission, as the case may be, shall be
eligible for participation in a non-competitive examination in a differ-
ent position classification, provided, however, that  such  employee  is
holding a position in a similar grade.
  S  9.  Section  70 of the civil service law is amended by adding a new
subdivision 3 to read as follows:
  3. TRANSFER OF PERSONNEL UPON THE CONSOLIDATION OR MERGER OF  AGENCIES
OR DEPARTMENTS OF THE STATE. OFFICERS AND EMPLOYEES TRANSFERRED PURSUANT
TO  SUBDIVISION ONE OR TWO OF THIS SECTION TO A NEW DEPARTMENT OR AGENCY
SHALL BE TRANSFERRED IN THEIR CURRENT CIVIL SERVICE  CLASSIFICATION  AND
STATUS. TRANSFERRED PERMANENT EMPLOYEES WHOSE POSITIONS ARE SUBSEQUENTLY
RECLASSIFIED  TO  ALIGN  WITH  THE  DUTIES AND RESPONSIBILITIES OF THEIR
POSITIONS WITHIN THE NEW DEPARTMENT OR AGENCY SHALL HOLD SUCH  POSITIONS
WITHOUT FURTHER EXAMINATION OR QUALIFICATION.  NOTWITHSTANDING ANY OTHER
PROVISION  OF THIS CHAPTER, THE NAMES OF PERMANENT EMPLOYEES TRANSFERRED
FROM A STATE DEPARTMENT OR AGENCY TO A NEW DEPARTMENT OR AGENCY WHO WERE
ON A PROMOTION ELIGIBLE LIST FOR APPOINTMENT IN THE AGENCY OR DEPARTMENT
FROM WHICH SUCH  EMPLOYEES  WERE  TRANSFERRED  SHALL  BE  ADDED  TO  THE
PROMOTION  ELIGIBLE  LIST  IN THE NEW DEPARTMENT OR AGENCY, AS THE STATE
CIVIL SERVICE DEPARTMENT DEEMS APPROPRIATE.
  S 10. This act shall take effect immediately; provided, however,  that
section  one  of this act shall be deemed to have been in full force and
effect on and after December 31, 2011.

                                 PART N

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. Tuition reimbursement fund (050):
  a. Tuition reimbursement account (01).
  b. Proprietary vocational school supervision account (02).
  2. Local government records management improvement fund (052):
  a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):
  a. Highway and bridge capital account (01).
  b. State university residence hall rehabilitation fund (074).
  4. State parks infrastructure trust fund (076):
  a. State parks infrastructure account (01).
  5. Clean water/clean air implementation fund (079).
  6. State lottery fund (160):
  a. Education - New (03).

S. 6255                            81                            A. 9055

  b. VLT - Sound basic education fund (06).
  7. Medicaid management information system escrow fund (179).
  8. Sewage treatment program management and administration fund (300).
  9. Environmental conservation special revenue fund (301):
  a. Waste cleanup and management account (48).
  b. Hazardous bulk storage account (F7).
  c. Low level radioactive waste siting account (K5).
  d. Recreation account (K6).
  e. Public safety recovery account (PS).
  f. Conservationist magazine account (S4).
  g. Environmental regulatory account (S5).
  h. Natural resource account (S6).
  i. Mined land reclamation program account (XB).
  j. Federal grants indirect cost recovery account (IC).
  10. Environmental protection and oil spill compensation fund (303).
  11. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  12. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  13. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  14. Centralized services fund (323).
  15. State exposition special fund (325).
  16. Agency enterprise fund (331):
  a. OGS convention center account (55).
  17. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account (ZV).
  18. Miscellaneous special revenue fund (339):
  a. Statewide planning and research cooperative system account (03).
  b. OPWDD provider of service account (05).
  c. New York state thruway authority account (08).
  d. Mental hygiene patient income account (13).
  e. Financial control board account (15).
  f. Regulation of racing account (16).
  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).
  j. Certificate of need account (26).

S. 6255                            82                            A. 9055

  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Multi-agency training account (AY).
  aa. Critical infrastructure account (B3).
  bb. Insurance department account (B6).
  cc. Bell jar collection account (BJ).
  dd. Industry and utility service account (BK).
  ee. Real property disposition account (BP).
  ff. Parking account (BQ).
  gg. Asbestos safety training program account (BW).
  hh. Public service account (C3).
  ii. Batavia school for the blind account (D9).
  jj. Investment services account (DC).
  kk. Surplus property account (DE).
  ll. Financial oversight account (DI).
  mm. Regulation of indian gaming account (DT).
  nn. Interest assessment account (DZ).
  oo. Office of the professions account (E3).
  pp. Rome school for the deaf account (E6).
  qq. Seized assets account (E8).
  rr. Administrative adjudication account (E9).
  ss. Federal salary sharing account (EC).
  tt. New York City Assessment Account (EM).
  uu. Cultural education account (EN).
  vv. Examination and miscellaneous revenue account (ER).
  ww. Transportation regulation account (F1).
  xx. Local services account (G3).
  yy. DHCR mortgage servicing account (H2).
  zz. Department of motor vehicles compulsory insurance account (H7).
  aaa. Housing indirect cost recovery account (HI).
  bbb. DHCR-HCA application fee account (J5).
  ccc. Federal gasoline and diesel fuel excise tax account (L6).
  ddd. Low income housing monitoring account (NG).
  eee. Procurement opportunities newsletter account (P4).
  fff. Corporation administration account (P6).
  ggg. Montrose veteran's home account (Q6).
  hhh. Excelsior capital corporation reimbursement account (R1).
  iii. Motor fuel quality account (R4).
  jjj. Deferred compensation administration account (R7).
  kkk. Rent revenue other account (RR).
  lll. Rent revenue account (S8).
  mmm. Tax revenue arrearage account (TR).
  nnn. Solid waste management account (W3).

S. 6255                            83                            A. 9055

  ooo. Occupational health clinics account (W4).
  ppp. Capacity contracting (XU).
  qqq. Administrative cost recovery -
  tax return preparer registration fee account (Y8).
  rrr. Sales tax re-registration fee account (YD).
  sss. Equitable sharing agreement account (YP).
  ttt. Point insurance reduction program account.
  uuu. Internet point insurance reduction program account (IC).
  vvv. Mental hygiene program fund account (10).
  www. Third party debt collection account.
  xxx. Regulation of manufactured housing account (CM).
  yyy. Business and licensing services account (AG).
  zzz. Consumer protection account (F2).
  19. State university income fund (345):
  a. State university general income offset account (11).
  20. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  21. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  22. Highway safety program fund (362):
  a. Highway safety program account (01).
  23. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).
  b. DOH drinking water program account (02).
  24. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  25. Housing assistance fund (374).
  26. Housing program fund (376).
  27. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  28. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  29. Mental hygiene facilities capital improvement fund (389).
  30. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  31. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account (zz).
  32. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).
  b. Civil service employee benefits div admin (01).
  33. Correctional industries revolving fund (397).
  34. Correctional facilities capital improvement fund (399).
  35. HCRA resources fund (061):
  a. EPIC premium account (J6).
  b. Hospital based grants program account (AF).
  c. Child health plus program account (29).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food nutrition services fund (261).
  2. Federal health and human services fund (265).

S. 6255                            84                            A. 9055

  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2013, up to the unencumbered balance or the  follow-
ing amounts:
Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  4. $100,000 from the miscellaneous special revenue fund  (339),  manu-
factured housing account (CM), to the general fund.
  5.  An  amount  up  to the unencumbered balance from the miscellaneous
special revenue fund (339), administrative costs account  (AB),  to  the
general fund.
Education:
  1.  $2,217,000,000  from  the  general  fund to the state lottery fund
(160), education account (03), as reimbursement for  disbursements  made
from  such  fund  for  supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1612  of  the  tax
law.
  2. $836,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys from the state lottery fund (160) up to an amount deposited
in such fund pursuant to section 1612 of the tax law in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  $300,000  from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
  5. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Rome school for the deaf account (E6).
  7. $80,000,000 from the state university dormitory income  fund  (330)
to the state university residence hall rehabilitation fund (074).
  8.  $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  9. $24,000,000 from any of  the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).

S. 6255                            85                            A. 9055

  10. $8,318,000 from the general fund to the  state  university  income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  11.  $45,000,000  from  the  State University Income Fund (345), State
University Hospitals Income Reimbursable Account  (22)  to  the  general
fund  for  hospital  debt  service  for the period April 1, 2012 through
March 31, 2013.
  12. $884,000 from the state university income fund (345), Long  Island
Veterans' Home Account (09) to the general fund.
Environmental Affairs:
  1.  $500,000  from  the department of transportation's federal capital
projects fund (291) to the office of parks and recreation federal  oper-
ating grants fund (290), miscellaneous operating grants account.
  2.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue  fund  (301)
federal grant indirect cost recovery account.
  3.  $2,000,000  from  any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund  (302)  as
necessary to avoid diversion of conservation funds.
  4. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the special revenue fund  (339)  federal  grant  indirect  cost
recovery account (Z1).
  5. $1,000,000 from any of the office of parks, recreation and historic
preservation  special  revenue federal funds to the special revenue fund
(339), I love NY water account (39).
Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund  (339),  office of human resources development state match
account (2C).
  2. $3,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds  to the miscellaneous special revenue fund (339), family preserva-
tion and support services and family violence services account (GC).
  3. $6,000,000 from any of the office of children and  family  services
special  revenue  federal  funds  to  the  general  fund  for title IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs to the general fund.
  5.  $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special  revenue  funds
or  the  general  fund  to the miscellaneous special revenue fund (339),
connections account (WK).
  6. $41,000,000 from any of the  office  of  temporary  and  disability
assistance  accounts  within  the federal health and human services fund
(265) to the general fund.
  7. $155,000,000 from any of the office  of  temporary  and  disability
assistance  or department of health special revenue funds to the general
fund.

S. 6255                            86                            A. 9055

  8. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  or  office  of  children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  9. $50,000,000 from any of the office of children and family services,
office  of temporary and disability assistance, department of labor, and
department of health special revenue federal  funds  to  the  office  of
children  and  family services miscellaneous special revenue fund (339),
multi-agency training contract account (AY).
  10. $152,400,000 from the miscellaneous special  revenue  fund  (339),
youth facility per Diem account (YF), to the general fund.
  11.  $621,850 from the general fund to the combined gifts, grants, and
bequests fund (020), WB Hoyt Memorial account (78).
  12. $1,300,000 from any of the  office  of  temporary  and  disability
assistance and department of health special revenue federal funds to the
miscellaneous  special  revenue  fund  (339)  welfare  inspector general
administrative reimbursement account (WW).
  13. $4,822,000 from the miscellaneous special revenue fund (339) state
central registry (CY) to the general fund.
General Government:
  1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
  3. $192,400,000 from the health insurance reserve receipts fund  (167)
to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
  5.  $150,000  from the not-for-profit revolving loan fund (055) to the
general fund.
  6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
  7. $3,000,000 from  the  miscellaneous  special  revenue  fund  (339),
surplus property account (DE), to the general fund.
  8.  $19,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
  9. $23,000,000 from the  miscellaneous  special  revenue  fund  (339),
revenue arrearage account (CR), to the general fund.
  10.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
revenue arrearage account (CR), to  the  miscellaneous  special  revenue
fund (339) authority budget office account.
  11.  $1,000,000  from  the  miscellaneous  special revenue fund (339),
parking services account (BQ), to the general fund, for the  purpose  of
reimbursing  the  costs of debt service related to state parking facili-
ties.
  12. $55,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), statewide financial system account (FM).
  13.  $12,300,000  from  the general fund, to the office for technology
internal service fund (334),  centralized  technology  services  account
(30), for the purpose of developing a statewide licensing system.
  14.  $12,000,000  from  the  general fund to the office for technology
internal service fund (334), central technology services  account  (30),
for the purpose of enterprise technology projects.
  Health:
  1.  $12,000,000  from  any of the department of health accounts within
the federal health and human services fund (265) to the general fund.

S. 6255                            87                            A. 9055

  2. $139,560,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
  3.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account  (BD),
an  amount equal to the monies collected and deposited into that account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous  special  revenue  fund  (339),  statewide  planning   and
research cooperation system (SPARCS) program account (03).
  5.  $250,000  from  the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and  education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and  deposited  into  that
account in the previous fiscal year.
  7.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
administration account (AP), to the general fund.
  8. $600,000,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339),  federal  state  health  reform  partnership
account (FS).
  9.  $50,000,000  from  the  special revenue fund (061), HCRA resources
fund, to the miscellaneous special revenue fund (339), empire state stem
cell trust fund account (SR).
  10. $1,250,000 from the  miscellaneous  New  York  state  agency  fund
(169),  medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health  insurance  account
(35).
  11.  $3,700,000  from  the  miscellaneous  New  York state agency fund
(169), medical assistance account to the office  of  medicaid  inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
  12.  $2,500,000  from  the  general  fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
Labor:
  1. $700,000 from the labor  standards  miscellaneous  special  revenue
fund  (339),  fee  and  penalty  account  (30),  to  the child performer
protection fund (025), child performer protection account (CP).
  2. $8,000,000 from the labor standards miscellaneous  special  revenue
fund (339), fee and penalty account (30), to the general fund.
  3.  $6,500,000  from  the  unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest  and
penalty account (01), to the general fund.
  4.  $2,700,000  from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
  5. $1,500,000 from the training and education program on  occupational
safety  and health fund (305), occupational safety and health inspection
account (02), to the general fund.
Mental Hygiene:
  1. $5,000,000 from  the  miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).

S. 6255                            88                            A. 9055

  2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous  special
revenue fund (339), provider of service accounts (05).
  3.  $220,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to  the  miscellaneous  special
revenue fund (339), provider of service account (05).
  4.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
  5. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene program fund account (10).
  6.  $300,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
  7. $180,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13) to the general fund.
  8.  $200,000  from  the  chemical dependence service fund (346) to the
general fund.
  9. $200,000 from the combined gifts, grants and bequests  fund  (020),
disability and technical assistance account (D1) to the general fund.
Public Protection:
  1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
  2.  $3,300,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
  3. $9,500,000 from the general fund  to  the  correctional  industries
revolving  fund  (397), correctional industries internal service account
(00).
  4. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  5. $16,000,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), crimes against revenue program account (CA).
  6. $20,000,000 from any office of homeland security account within the
federal  miscellaneous  operating  grants  fund  (290),  receiving money
through the homeland security grants program, to the general fund.
  7. $26,900,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
  8. $20,000,000 from the  miscellaneous  special  revenue  fund  (339),
statewide  public  safety  communications  account  (LZ), to the general
fund.
  9. $106,000,000 from the state police and motor vehicle  law  enforce-
ment  and  motor vehicle theft and insurance fund prevention fund (354),
state police motor vehicle enforcement account (02) to the general  fund
for state operation expenses of the division of state police.
  10.  $21,500,000  from the general fund to the correctional facilities
capital improvement fund (399).
Transportation:
  1. $17,672,000 from the federal miscellaneous  operating  grants  fund
(290)  to  the  special  revenue  fund (339), tri-state federal regional
planning account (17).
  2. $20,147,000 from the federal capital projects  fund  (291)  to  the
special revenue fund (339), tri-state federal regional planning accounts
(17).
  3.  $15,368,000  from  the  miscellaneous  special revenue fund (339),
compulsory insurance account (H7), to the general fund.
  4. $12,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund  (313),  public transportation systems operating
assistance account (01).

S. 6255                            89                            A. 9055

  5. $597,317,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (072).
  6.  $606,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
  7. $6,000 from the miscellaneous special revenue fund (339),  motorcy-
cle safety account (AE), to the general fund.
  8.  $12,000 from the general fund to the miscellaneous special revenue
fund (339), federal seized asset account (GE).
  9. $10,000,000 from the  miscellaneous  special  revenue  fund  (339),
department  of  transportation accident damage recovery account (G7), to
the dedicated highway and bridge trust fund (072).
  10. $255,000,000 from the general fund to the MTA financial assistance
fund (225), mobility tax trust account (01).
Miscellaneous:
  1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $500,000,000 from the general fund to the  debt  reduction  reserve
fund (064).
  S  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2013:
  1. Upon request of the commissioner of environmental conservation,  up
to  $10,940,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,197,800  from
the  environmental protection and oil spill compensation fund (303), and
$1,751,600 from  the  conservation  fund  (302),  to  the  environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition  special  fund  (325),  state  fair
receipts  account (01) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special
revenue fund to the agency cost recovery account (HI).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6.  Upon  request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's  special  revenue
funds,  to  the miscellaneous special revenue fund (339), administration
account (AP).
  7. On or about March 31, 2012, the comptroller is  authorized  to  and
directed  to  transfer  all funds from the miscellaneous special revenue
fund (339), commission of investigation seized assets  account  (EK)  to
the  miscellaneous special revenue fund (339), state police seized asset
account (E8).
  S 4. Notwithstanding section 2815 of the  public  health  law  or  any
other  contrary  provision of law, upon the direction of the director of
the budget and the commissioner of health, the  dormitory  authority  of
the  state  of  New  York  is directed to transfer seven million dollars

S. 6255                            90                            A. 9055

annually from funds available and uncommitted  in  the  New  York  state
health  care  restructuring  pool  to  the health care reform act (HCRA)
resources fund - HCRA resources account.
  S 5. On or before March 31, 2013, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  6.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S 6-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her
designee, on or before March 31, 2013, up to $16,000,000 from the  State
university  income  fund (345) general revenue account (10) to the State
general fund for debt service costs related to capital project costs for
the NY-SUNY 2020 challenge grant program.
  S 7. Notwithstanding any law to the  contrary,  the  state  university
chancellor  or her designee is authorized and directed to transfer esti-
mated tuition revenue balances from the state university collection fund
(344) to the state  university  fund  (345),  state  university  general
revenue offset account (12) on or before March 31, 2013.
  S  8.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $60,000,000 from the general fund to the state university income fund
(345), state  university  hospitals  income  reimbursable  account  (22)
during  the period July 1, 2012 through June 30, 2013 to reflect ongoing
state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
SUNY hospitals' state agency status.
  S  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $968,550,000 from the general fund to  the  state  university  income
fund  (345), state university general revenue offset account (12) during
the period of July 1, 2012 through June 30, 2013 to  support  operations
at the state university.
  S  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for hospital income reimbursable for services and expenses  of  hospital
operations  and  capital expenditures at the state university hospitals,
and the state university income fund (345) Long  Island  veterans'  home
account  (09)  to the state university capital projects fund (384) on or
before June 30, 2013.
  S 11. Notwithstanding any law to the contrary, and in accordance  with
section  4 of the state finance law, the comptroller, after consultation

S. 6255                            91                            A. 9055

with the state university chancellor or his or her designee,  is  hereby
authorized  and directed to transfer moneys, in the first instance, from
the  state  university  collection  fund  (344),  Stony  Brook  hospital
collection  account (07), Brooklyn hospital collection account (08), and
Syracuse hospital collection account (09) to the state university income
fund (345), state university hospitals income reimbursable account  (22)
in  the  event  insufficient funds are available in the state university
income  fund  (345),  state  university  hospitals  income  reimbursable
account  (22)  to  transfer  moneys, in amounts sufficient to permit the
full transfer of moneys authorized for transfer, to the general fund for
payment of debt service related to the SUNY  hospitals.  Notwithstanding
any  law  to the contrary, the comptroller is also hereby authorized and
directed, after consultation with the state university chancellor or his
or her designee, to transfer moneys from  the  state  university  income
fund  (345)  to the state university income fund (345), state university
hospitals income reimbursable account (22)  in  the  event  insufficient
funds  are  available  in  the state university income fund (345), state
university hospitals income reimbursable account (22)  to  pay  hospital
operating  costs  or to transfer moneys, in amounts sufficient to permit
the full transfer of moneys authorized for transfer, to the general fund
for payment of debt service related to the SUNY hospitals on  or  before
March 31, 2013.
  S  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2013, from and to any of the following
accounts: the miscellaneous special revenue fund (339),  patient  income
account  (13),  the  miscellaneous  special  revenue  fund (339), mental
hygiene program fund account (10) or the general fund  in  any  combina-
tion, the aggregate of which shall not exceed $350 million.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts,  to  the  general
fund. The amounts transferred pursuant to this authorization shall be in
addition  to  any  other  transfers  expressly authorized in the 2012-13
budget. Transfers  from  federal  funds,  debt  service  funds,  capital
projects  funds, the community projects fund, or funds that would result
in the loss of eligibility for federal benefits or federal funds  pursu-
ant  to  federal law, rule, or regulation, are not permitted pursuant to
this authorization. The director of the budget shall notify both  houses
of  the legislature in writing prior to initiating transfers pursuant to
this authorization.
  S 14. Notwithstanding any provision of law to the contrary, the  power
authority  of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution  to  the
state  treasury  to the credit of the general fund in an amount of up to
$65,000,000 for the fiscal year commencing  April  1,  2012.  The  power
authority  of  the  state of New York will transfer up to $25,000,000 by
June 30, 2012 and will transfer the remainder of any  such  contribution
by January 31, 2013.
  S 15.  In addition to any payment made by a public benefit corporation
pursuant  to an assessment imposed under sections 2975, 2975-a, 2976 and
2976-a of the public authorities law, a public  benefit  corporation  is
authorized  to make voluntary contributions to the state general fund or

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to any other public benefit corporation for any lawful  purpose  at  any
time from any public benefit corporation funds in such amounts as deemed
to  be  feasible  and  advisable  by  such  public benefit corporation's
governing  board  after  due  consideration of the public benefit corpo-
ration's legal and financial obligations. Notwithstanding any other law,
the payment of a voluntary  payment  pursuant  to  this  subdivision  is
deemed to be a valid and proper purpose for which available funds may be
applied.  Voluntary  contributions  made  to  the state pursuant to this
subdivision shall be payable to the state treasury to the credit of  the
general fund.
  S  16.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 16 of part BB of chapter 58 of the laws of  2011,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one,  AND NOTWITHSTANDING THE PROVISIONS OF CHAPTER NINETY-FOUR OF THE
LAWS OF TWO THOUSAND ELEVEN, or any  other  provisions  of  law  to  the
contrary,  during  the  fiscal  year beginning April first, two thousand
[ten] TWELVE, AND DURING EACH FISCAL YEAR THEREAFTER,  the  state  comp-
troller is hereby authorized and directed to deposit to the fund created
pursuant  to  this  section  from  amounts collected pursuant to article
twenty-two of the tax law [and pursuant to a schedule submitted  by  the
director  of  the  budget,  up to $3,292,520,000, as may be certified in
such schedule as] THE AMOUNTS necessary to meet  the  purposes  of  such
fund  for  [the]  EACH  fiscal year [beginning April first, two thousand
eleven] PURSUANT TO A SCHEDULE SUBMITTED BY THE DIRECTOR OF THE  BUDGET.
THE  DIRECTOR  OF THE BUDGET SHALL NOTIFY BOTH HOUSES OF THE LEGISLATURE
IN WRITING WHEN SUBMITTING SUCH SCHEDULE OF DEPOSITS TO THE STATE  COMP-
TROLLER.
  S  16-a.  Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 8 of part F of chapter 109 of the laws  of  2006,  is
REPEALED.
  S  17.  The  comptroller  is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities  capital  improve-
ment  fund (399) by a chapter of the laws of 2012.  Reimbursements shall
be available for spending from appropriations made to the department  of
correctional  services  in the general fund-state purposes accounts by a
chapter of the laws of 2012 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S 18. Subdivision 6 of section 4 of the state finance law, as  amended
by  section  16 of part JJ of chapter 56 of the laws of 2010, is amended
to read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to the [chairpersons] CHAIRS of the senate finance committee
and the assembly ways and means committee, file  with  the  state  comp-
troller  an  identification  of  specific monies to be so deposited. Any

S. 6255                            93                            A. 9055

subsequent change regarding the monies to be so deposited shall be filed
by the director of the budget, as soon as practicable, but not less than
three days following preliminary submission to the [chairpersons] CHAIRS
of  the senate finance committee and the assembly ways and means commit-
tee.
  All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the  intent
of  the  budget for the then current state fiscal year as enacted by the
legislature.
  [The provisions of this subdivision  shall  expire  on  March  thirty-
first, two thousand twelve.]
  S  18-a.  The  state  comptroller is hereby authorized and directed to
abolish or consolidate with the state general fund the associated  funds
and/or  accounts  established  pursuant  to  section  92-a  of the state
finance law, subdivision 5  of  section  233-a  of  the  education  law,
section  94-d  of  the  state  finance  law,  section 97-cc of the state
finance law, section 90-b of the state finance law, section 91-g of  the
state  finance  law, section 92-i of the state finance law, section 92-j
of the state finance law, section 92-m of the state finance law, section
92-w of the state finance law, section 94-c of the  state  finance  law,
section  96  of the state finance law, section 97-o of the state finance
law, section 97-ff of the state finance law, section 97-ss of the  state
finance  law, section 97-fff of the state finance law, section 97-uuu of
the state finance law, section 97-www of the state finance law,  section
97-aaaa  of  the state finance law, section 97-bbbb of the state finance
law, section 99-g of the state finance law, section 99-i  of  the  state
finance  law, subdivision 3-a of section 378 of the education law, para-
graph f of subdivision 31 of section 1680 of the public authorities law,
section 1022 of the private housing finance law, chapter 50 of the  laws
of 1993, section 12 of chapter 1040 of the laws of 1981 and section 97-n
of the state finance law.
  S 18-b. Sections 90-b, 91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c, 94-d,
96,  97-n,  97-o,  97-cc, 97-ff, 97-ss, 97-fff, 97-uuu, 97-www, 97-aaaa,
97-bbbb, 99-g and 99-i of the state finance law are REPEALED.
  S 18-c. Subdivision 5 of section 233-a and subdivision 3-a of  section
378 of the education law are REPEALED.
  S  18-d.  Paragraph  f of subdivision 31 of section 1680 of the public
authorities law is REPEALED.
  S 18-e. Section 1022 of the private housing finance law is REPEALED.
  S 18-f. Section 12 of chapter 1040 of the laws of 1981 and chapter  50
of the laws of 1993 are REPEALED.
  S 19. Subdivision 4 of section 40 of the state finance law, as amended
by  section  17 of part JJ of chapter 56 of the laws of 2010, is amended
to read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated
above, but only to the extent of one-half of one percent  of  the  total
amount appropriated to a department or agency in such fund or account.
  [The  provisions  of this subdivision shall expire March thirty-first,
two thousand twelve.]
  S 20. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the comptroller is hereby authorized and directed to deposit,

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to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54  of  the laws of 2002 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment  from  the proceeds of notes and bonds issued by the urban develop-
ment corporation or other financing source for a  capital  appropriation
for  $89,000,000  authorized  by  chapter  50 of the laws of 2002 to the
office of general services for payment of capital construction costs for
the Alfred E. Smith office building  located  in  the  city  of  Albany,
reimbursement  from  the proceeds of notes and bonds issued by the urban
development corporation or other financing source for capital  appropri-
ations  for  $1,500,000  authorized by chapter 50 of the laws of 2002 to
the office of general services for payment of capital construction costs
for the Elk street parking garage building located in the city of  Alba-
ny,  reimbursement  from  the  proceeds  of notes or bonds issued by the
urban development corporation for disbursements  of  up  to  $12,000,000
from  any capital appropriation or reappropriation authorized by chapter
50 of the laws of 2002 to the office of  general  services  for  various
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the  urban  development  corporation  for  a  capital  appropriation  of
$14,300,000  authorized  by  chapter 55 of the laws of 2002 to the urban
development corporation to finance a portion of the  jobs  now  program,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for  disbursements  of up to $20,800,000 from any capital
appropriation or reappropriation authorized by chapter 51 of the laws of
2002 to the judiciary for courthouse  improvements,  reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for disbursements of up to  $15,000,000  from  appropriations  or
reappropriations  authorized  by  chapter  50 of the laws of 2002 to any
agency for costs related to homeland security,  and  reimbursement  from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for a capital appropriation  of  $10,000,000  authorized  by
chapter  54  of  the  laws  of  2002  to the department of environmental
conservation for Onondaga lake.
  S 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the comptroller is hereby authorized and directed to deposit,
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state of New York for a capital appropriation for  $215,650,000  author-
ized by chapter 55 of the laws of 2000 to all state agencies for payment
of costs related to the strategic investment program.
  S  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by  chapter
55  of  the laws of 2003 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  or  other  financing  source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to  the  office
of general services for payment of capital construction costs for the 51
Elk  street  parking  garage  building  located  in  the city of Albany,

S. 6255                            95                            A. 9055

reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws  of  2003  to  the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to  any
agency  for  costs  related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by  chapter
55  of  the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
issued  by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital  appropriations  or  reappropriations
authorized  by chapter 55 of the laws of 2003 to the department of envi-
ronmental conservation for  environmental  purposes,  and  reimbursement
from  the  proceeds  of notes or bonds issued by the dormitory authority
for disbursements of up to $100,000,000  from  a  capital  appropriation
authorized  by chapter 50 of the laws of 2003 to the department of state
for enhanced 911 wireless service.
  S 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55  of  the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized  by chapter 55 of the laws of 2004 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2004 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by  the  dormitory  authority  for  a  capital  appropriation  of
$80,000,000  authorized  by chapter 53 of the laws of 2004 to the educa-
tion  department  for  capital  transition  grants  for  transportation,

S. 6255                            96                            A. 9055

reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $243,325,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to  economic
development  projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation
of  $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to  the
H.  H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  a  capital appropriation of $345,750,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
  S 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for a capital  appropriation
of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds  issued
by  the  dormitory  authority for a capital appropriation of $89,750,000
authorized by chapter 62 of the laws of 2005 for  regional  development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $249,000,000 authorized by
chapter  62  of  the  laws  of  2005  for  technology  and  development,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $48,517,000
authorized  by  chapter  162  of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for  a  capital  appropri-
ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the  city  of  Albany,

S. 6255                            97                            A. 9055

reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $15,000,000
authorized  by  chapter  53  of  the laws of 2005 to the state education
department  for  payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal  appropriation  or  reappropriation  authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs  for  various
purposes.
  S  25.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  of  up  to  $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2006  to  the
division of state police for public protection facilities, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for a capital appropriation of  $117,000,000  authorized  by
chapter 50 of the laws of 2006 to all state departments and agencies for
the  purchase  of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development  corpo-
ration  for  all  or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the  urban  development
corporation  for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter

S. 6255                            98                            A. 9055

108 of the laws of 2006 to the dormitory authority or the urban develop-
ment  corporation  for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or  the
urban   development   corporation   for   a   capital  appropriation  of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
development  corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws  of  2006  to  the  urban  development  corporation  for
cultural  facilities  projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  energy/environmental  projects,  reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the  urban  develop-
ment  corporation  for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens  county,  and  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter  55  of
the  laws  of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county,  reimbursement  from  the
proceeds  of  notes  and  bonds  issued  by the environmental facilities
corporation for a capital  appropriation  of  $5,000,000  authorized  by
chapter  55  of  the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by  the  dormitory  authority  for
capital  disbursements  of  up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the  laws  of  2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory  authority for an appropriation of $1,200,000 authorized by chapter
53 of the laws of 2006 for the towns of Bristol and  Canandaigua  public
water  systems, reimbursement from the proceeds of notes or bonds issued
by the urban development corporation or the dormitory authority  for  an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for  Belleayre  mountain  ski center, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued  by  the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of 2006 for a state of New York umbilical cord bank, reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $5,500,000
authorized  by  chapter  53 of the laws of 2006 for an Old Gore mountain
ski bowl connection, reimbursement from the proceeds of notes  or  bonds
issued  by  the urban development corporation or the dormitory authority
for an appropriation of $2,000,000 authorized by chapter 53 of the  laws

S. 6255                            99                            A. 9055

of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $2,000,000
authorized  by  chapter  53  of the laws of 2006 for a Fredonia vineyard
laboratory, reimbursement from the proceeds of notes or bonds issued  by
the  dormitory  authority  or  the  urban development corporation for an
appropriation of $40,000,000 authorized by chapter 108 of  the  laws  of
2006  for  a food testing laboratory, reimbursement from the proceeds of
notes or bonds issued by the New York state  thruway  authority  for  an
appropriation  of  $22,000,000  authorized by chapter 108 of the laws of
2006 to the department of transportation for high speed rail, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of  up  to  $500,000,000  from  an
appropriation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for development of a semiconductor manufacturing
facility,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation of up to $150,000,000 from  an  appro-
priation  authorized  by  chapter  108  of the laws of 2006 to the urban
development corporation for research and  development  activities  of  a
semiconductor manufacturer, and reimbursement from the proceeds of notes
or  bonds  issued  by  the  urban  development  corporation  for capital
disbursements of up to $292,385,000 from an appropriation to  the  urban
development  corporation  authorized  by chapter 108 of the laws of 2006
for community revitalization projects.
  S 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to  the  division  of  state  police  for

S. 6255                            100                           A. 9055

construction  of  a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized  by  chapter
50  of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $77,900,000 authorized
by chapter 51 of the laws of 2007 to the judiciary  for  court  training
facilities  and  courthouse improvement projects, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for  a  capital appropriation of $20,000,000 authorized by chapter 50 of
the laws of 2007 to all state departments and agencies for the  purchase
of  equipment,  reimbursement from the proceeds of notes or bonds issued
by  the  dormitory  authority  for  capital  disbursements  of   up   to
$14,000,000 from any capital appropriation or reappropriation authorized
by  chapter  53 of the laws of 2007 for library construction, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity for capital disbursements of up  to  $60,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007  for  cultural education storage facilities, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for  capital  disbursements of up to $15,000,000 from any capital appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for Roosevelt Island Operating Corporation aerial tramway, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  capital  disbursements  of  up to $20,000,000 from any
capital appropriation or reappropriation authorized by chapter 55 of the
laws of 2007 for Governor's Island, reimbursement from the  proceeds  of
notes  or  bonds issued by the urban development corporation for capital
disbursements of up to $7,500,000  from  any  capital  appropriation  or
reappropriation  authorized by chapter 55 of the laws of 2007 for Harri-
man research and technology park, reimbursement  from  the  proceeds  of
notes  or  bonds issued by the urban development corporation for capital
disbursements of up to $7,950,000  from  any  capital  appropriation  or
reappropriation  authorized  by  chapter  55 of the laws of 2007 for USA
Niagara, and reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$1,300,000  from  appropriations authorized by chapter 50 of the laws of
2007 made to the office  of  general  services  for  legislative  office
building hearing rooms.
  S  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2008 to the
office of general services for various purposes, reimbursement from  the

S. 6255                            101                           A. 9055

proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2008
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to the  office  for  technology  for  activities  related  to  broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban  development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the  education  depart-
ment  for library construction, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority of the state of New  York  or
other financing source for a capital appropriation authorized by chapter
53  of  the  laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the  proceeds  of  notes  or
bonds  issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related  to  the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds  issued by the urban development corporation for capital appropri-
ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to  arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued  by the urban development corporation for a capital appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and community development projects, reimbursement from the  proceeds  of
bonds or notes issued by the urban development corporation for a capital
appropriation  of  $30,000,000  authorized  by chapter 53 of the laws of
2008 for New York city waterfront  development  projects,  reimbursement
from  the  proceeds  of  bonds  or notes issued by the urban development
corporation for a capital appropriation  of  $45,000,000  authorized  by
chapter  53  of  the  laws  of  2008  for  Luther  Forest infrastructure
projects, reimbursement from the proceeds of notes or  bonds  issued  by
the   urban   development   corporation  for  capital  appropriation  of
$35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
development  corporation  for services and expenses related to downstate
regional projects, reimbursement from the proceeds  of  notes  or  bonds
issued by the urban development corporation for capital appropriation of
$137,037,000  authorized  by chapter 53 of the laws of 2008 to the urban

S. 6255                            102                           A. 9055

development corporation for services and  expenses  related  to  upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to  the  down-
state  revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the  urban  development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds  of
notes  or  bonds issued by the urban development corporation for capital
appropriation of $25,000,000 authorized by chapter 53  of  the  laws  of
2008  to  the  urban  development  corporation for services and expenses
related  to  the  upstate  agricultural   economic   development   fund,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $350,000,000
authorized  by  chapter  53 of the laws of 2008 to the urban development
corporation for services and expenses related  to  the  New  York  state
capital  assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the   New  York  state  economic  development  assistance  program,  and
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development corporation for capital appropriation of $20,000,000 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2009
to  the  department  of  environmental  conservation  for  environmental

S. 6255                            103                           A. 9055

purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws  of  2009  of
$14,000,000  to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $4,000,000 to the state education department
for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
school  authorized  by  chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter  55  of  the  laws  of 2009 to the urban development corporation for
services and expenses related to the empire state  economic  development
fund.
  S  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2010 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for  a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $12,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of  envi-
ronmental  conservation  for  environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  for  capital  disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized by chapter 50 of the laws of 2010 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York  or  other  financing  source  for  a  capital   appropriation   of

S. 6255                            104                           A. 9055

$14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state  of New York or other financing source for a capital appropriation
of $20,400,000 authorized by chapter 100 of the  laws  of  2010  to  the
state   education  department  for  the  longitudinal  data  system  and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $42,000,000  for  the state preparedness and
training center.
  S 30. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2011 to the department of environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $92,751,000 authorized  by  a
chapter  of  the  laws of 2011 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or  reappropriations authorized by a chapter of the laws of 2011
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2011 to the division of military  and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of $6,000,000 authorized by a chapter of the laws of 2011
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state  education  department  for  library  construction,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $130,550,000
authorized  by  a  chapter  of the laws of 2011 to the urban development
corporation for services and expenses related to the  regional  economic
development council initiative, reimbursement from the proceeds of notes
or  bonds issued by the urban development corporation for capital appro-
priation of $50,000,000 authorized by a chapter of the laws of  2011  to
the  urban  development corporation for services and expenses related to
the economic transformation program.  Reimbursements from  the  proceeds
of  notes  or  bonds  issued  by  the  urban development corporation for
disbursements of up to $26,000,000 from  any  capital  appropriation  or
reappropriation  authorized  by  a  chapter  of  the laws of 2012 to the
office of general services for various purposes.

S. 6255                            105                           A. 9055

  S 31. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2012 to the department of environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $26,000,000  from  any  capital
appropriation  or reappropriation authorized by a chapter of the laws of
2012 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities corporation for disbursements of up to $12,000,000  from  any
capital  appropriations  or  reappropriations authorized by a chapter of
the laws of 2012 to the department  of  environmental  conservation  for
environmental  purposes,  reimbursement  from  the  proceeds of notes or
bonds issued by the urban development corporation for capital  disburse-
ments  of up to $3,000,000 from any capital appropriation or reappropri-
ation authorized by a chapter of the laws of 2012  to  the  division  of
military  and naval affairs for various purposes, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for a capital appropriation of $6,000,000 authorized by a chapter of the
laws  of  2012  to  the  division  of state police for rehabilitation of
facilities, reimbursement from the proceeds of notes or bonds issued  by
the  dormitory  authority  of  the  state of New York or other financing
source for a capital appropriation of $14,000,000 authorized by a  chap-
ter  of  the  laws of 2012 to the state education department for library
construction.
  S 31-a. For purposes of sections twenty  through  thirty-one  of  this
act,  the  comptroller is also hereby authorized and directed to deposit
to the credit of any  capital  projects  fund,  reimbursement  from  the
proceeds  of bonds and notes issued by any authorized issuer, as defined
by section 68-a of the state finance law, in the  amounts  and  for  the
purposes listed in such sections.
  S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to the credit of the state university residence hall rehabilitation fund
(074),  reimbursement  from the proceeds of notes or bonds issued by the
dormitory authority of the state of New York for  capital  disbursements
of  up to $331,000,000 from any appropriation or reappropriation author-
ized by a chapter of the laws of 2012.
  S 33. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit  of  the  city  university  special  revenue  fund  (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000  from  any  appropriation  or  reappropriation authorized by
chapter 53 of the laws of 2009 to the city university of  New  York  for
various purposes.
  S  34.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services  fund  debt  service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to

S. 6255                            106                           A. 9055

the  New  York  state  medical  care  facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene  for  the  purpose  of  making
payments  to  the  dormitory  authority of the state of New York for the
amount of the earnings for the investment of  monies  deposited  in  the
mental health services fund that such agency determines will or may have
to  be  rebated  to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to  enable  such
agency  to  maintain  the  exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2012, such agency shall
certify to the  state  comptroller  its  determination  of  the  amounts
received  in  the mental health services fund as a result of the invest-
ment of monies deposited therein that will or may have to be rebated  to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
  S  35.  (1)  Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each  month
certify to the director of the budget, the commissioner of environmental
conservation,  the  chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from  all
appropriations  for  hazardous  waste site remediation disbursements for
the month preceding such certification.
  (2) Notwithstanding any law to the contrary, prior to the issuance  by
the comptroller of bonds authorized pursuant to subdivision a of section
4  of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986,  disbursements  from  all
appropriations  for  that  purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund,  site  investigation  and
construction  account,  to  the  extent  moneys  are  available  in such
account. For purposes of determining moneys available in  such  account,
the  commissioner  of  environmental  conservation  shall certify to the
comptroller the amounts required for  administration  of  the  hazardous
waste remedial program.
  (3)  The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to  all  appropriations
from  such site investigation and construction account; provided, howev-
er, that if such transfers are  determined  by  the  comptroller  to  be
insufficient  to  assure  that  interest  paid to holders of state obli-
gations issued for hazardous waste purposes  pursuant  to  the  environ-
mental  quality  bond  act of nineteen hundred eighty-six, as enacted by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site investigation and construction account to  the  general  fund,  the
amount  necessary  to  redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any  such
transfers,  the  comptroller  shall notify the director of the budget of
the amount of such transfers.
  S 36. Subdivision 2 of section 68-a  of  the  state  finance  law,  as
amended  by  section 36 of part BB of chapter 58 of the laws of 2011, is
amended to read as follows:
  2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z of this chapter shall mean any purposes  for  which  state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has  been  issued  except  debt  for which the state is constitutionally

S. 6255                            107                           A. 9055

obligated thereunder to pay  debt  service  and  related  expenses,  and
except  (a) as authorized in paragraph (b) of subdivision one of section
three hundred eighty-five of the public authorities law, (b) as  author-
ized for the department of health of the state of New York facilities as
specified  in  paragraph a of subdivision two of section sixteen hundred
eighty of the public authorities law, (c) state university of  New  York
dormitory  facilities  as  specified  in  subdivision  eight  of section
sixteen hundred seventy-eight of the public authorities law, and (d)  as
authorized  for  mental  health services facilities by section nine-a of
section one of chapter three hundred ninety-two of the laws of  nineteen
hundred  seventy-three  constituting  the  New  York  state medical care
facilities financing act. Notwithstanding the provisions of  clause  (d)
of  this  subdivision,  for  the  period  April first, two thousand nine
through March  thirty-first,  two  thousand  [twelve]  THIRTEEN,  mental
health  services  facilities, as authorized by section nine-a of section
one of chapter three hundred ninety-two of the laws of nineteen  hundred
seventy-three  constituting  the  New York state medical care facilities
financing act, shall constitute an authorized purpose.
  S 36-a. Section 73 of the state finance law, as added by section 41 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  S  73.  Federal  interest  subsidy payments. Notwithstanding any other
provision of law to the contrary,  the  comptroller  shall  deposit  any
federal  interest  subsidy payments received by the state for state-sup-
ported debt issued as build America bonds  (BABS)  OR  QUALIFIED  SCHOOL
CONSTRUCTION  BONDS  (QSCBS),  as  authorized  pursuant  to the American
Recovery and Reinvestment Act of 2009 (ARRA), as amended or pursuant  to
any  successor authorization, to each respective debt service fund which
relates to such bonds.
  S 37. Paragraph (b) of subdivision  4  of  section  72  of  the  state
finance law, as added by section 35 of part JJ of chapter 56 of the laws
of 2010, is amended to read as follows:
  (b)  On  or  before the beginning of each quarter, the director of the
budget may certify to the state  comptroller  the  estimated  amount  of
monies  that  shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding  payments  due  from  the
revenue  bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law  to  the  contrary,  the
state  comptroller  shall  reserve  in the general debt service fund the
amount of monies identified on such certificate  as  necessary  for  the
payment  of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved  shall
not  be  available  for  any  other  purpose.  Such certificate shall be
reported to the chairpersons of the Senate  Finance  Committee  and  the
Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twelve.]
  S 38. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended  by section 38 of part BB of chapter 58 of the laws of 2011,
is amended to read as follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  environmental  infrastructure  projects  authorized  by  this
section shall be [nine hundred fifteen million seven hundred forty-seven
thousand] ONE BILLION ONE HUNDRED EIGHTEEN MILLION SEVEN  HUNDRED  SIXTY
THOUSAND  dollars,  exclusive  of  bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds  or  notes

S. 6255                            108                           A. 9055

issued  to  refund  or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall  not  be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable  out  of any funds other than those appropriated by the state to
the corporation for debt service and related expenses  pursuant  to  any
service  contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof  a  statement
to such effect.
  S  39.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the  administration  of  certain
funds  and  accounts  related  to  the  2005-2006  budget, as amended by
section 39 of part BB of chapter 58 of the laws of 2011, is  amended  to
read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law  to  the  contrary,  one  or  more
authorized  issuers  as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more  series  in
an  aggregate  principal amount not to exceed [$21,000,000] $24,000,000,
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects for public protection  facili-
ties  in  the  Division  of Military and Naval Affairs, debt service and
leases; and to reimburse the state general fund for  disbursements  made
therefor.  Such bonds and notes of such authorized issuer shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to such authorized issuer for debt service  and  related  expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this  section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S 40. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  42  of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount  not  to  exceed  six  billion  [four]  EIGHT
hundred  [ninety]  SIXTEEN million [four] EIGHT hundred sixty-nine thou-
sand dollars [$6,490,469,000]  $6,816,869,000,  and  shall  include  all
bonds,  notes and other obligations issued pursuant to chapter 56 of the
laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,
notes  or  other  obligations shall be paid to the state, for deposit in
the correctional facilities capital improvement fund to pay for  all  or
any  portion  of  the amount or amounts paid by the state from appropri-
ations or reappropriations made to the  department  of  corrections  and
community  supervision from the correctional facilities capital improve-
ment fund for capital projects. The aggregate amount of bonds, notes  or
other obligations authorized to be issued pursuant to this section shall
exclude  bonds, notes or other obligations issued to refund or otherwise
repay bonds, notes or other obligations theretofore issued, the proceeds

S. 6255                            109                           A. 9055

of which were paid to the state for all or  a  portion  of  the  amounts
expended  by  the  state from appropriations or reappropriations made to
the department  of  corrections  and  community  supervision;  provided,
however,  that  upon any such refunding or repayment the total aggregate
principal amount of outstanding bonds, notes or other obligations may be
greater than six billion [four] EIGHT hundred [ninety]  SIXTEEN  million
[four]   EIGHT  hundred  sixty-nine  thousand  dollars  [$6,490,469,000]
$6,816,869,000, only if the present value of the aggregate debt  service
of  the  refunding  or repayment bonds, notes or other obligations to be
issued shall not exceed the present value of the aggregate debt  service
of  the  bonds,  notes or other obligations so to be refunded or repaid.
For the purposes hereof, the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations  and  of
the  aggregate  debt service of the bonds, notes or other obligations so
refunded or repaid, shall  be  calculated  by  utilizing  the  effective
interest  rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the  debt
service  payments  on  the  refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue  of  the
refunding  or  repayment  bonds,  notes  or other obligations and to the
price bid including estimated accrued interest or proceeds  received  by
the corporation including estimated accrued interest from the sale ther-
eof.
  S  41.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 44 of part BB of  chapter  58
of the laws of 2011, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [six] SEVEN hundred
[thirty-six] FORTY  million  [four]  SIX  hundred  ninety-nine  thousand
dollars,  plus  a  principal  amount  of  bonds  issued to fund the debt
service reserve fund in accordance with the debt  service  reserve  fund
requirement  established  by  the  agency and to fund any other reserves
that the agency reasonably deems necessary for the security or  marketa-
bility  of  such  bonds and to provide for the payment of fees and other
charges and expenses,  including  underwriters'  discount,  trustee  and
rating  agency  fees,  bond  insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S 42. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended

S. 6255                            110                           A. 9055

by section 46 of part BB of chapter 58 of the laws of 2011,  is  amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund such projects  having  a
cost  not  in  excess of [$6,695,169,000] $7,106,022,000 cumulatively by
the end of fiscal year [2011-12] 2012-13.
  S 43. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
added by section 58 of part BB of chapter 58 of the  laws  of  2011,  is
amended to read as follows:
  S  44.  1.  Notwithstanding  the  provisions  of  any other law to the
contrary, the dormitory authority and the corporation are hereby author-
ized to issue bonds or notes in one or more series for  the  purpose  of
funding  project  costs  for  the  regional economic development council
initiative, the economic transformation program, STATE UNIVERSITY OF NEW
YORK COLLEGE FOR NANOSCALE AND  SCIENCE  ENGINEERING,  BROADBAND  INITI-
ATIVE,  INFRASTRUCTURE AND PREVENTIVE MAINTENANCE PROJECTS FOR THE OLYM-
PIC REGIONAL DEVELOPMENT AUTHORITY, PROJECTS WITHIN THE CITY OF  BUFFALO
OR SURROUNDING ENVIRONS, AND THE ADVANCE NEW YORK CAPITAL FUND and other
state  costs  associated  with  such  projects.  The aggregate principal
amount of bonds authorized to be issued pursuant to this  section  shall
not  exceed  [one]  SEVEN  hundred [eighty] FIFTEEN million five hundred
fifty thousand dollars, excluding bonds issued to fund one or more  debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or  notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the dormitory  authority  and  the
corporation shall not be a debt of the state, and the state shall not be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by the state  to  the  dormitory  authority  and  the
corporation  for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes  shall  contain  on  the  face
thereof  a  statement  to such effect.  Except for purposes of complying
with the internal revenue code,  any  interest  income  earned  on  bond
proceeds shall only be used to pay debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, STATE
UNIVERSITY OF NEW YORK COLLEGE FOR NANOSCALE  AND  SCIENCE  ENGINEERING,
BROADBAND INITIATIVE, INFRASTRUCTURE AND PREVENTIVE MAINTENANCE PROJECTS
FOR THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, PROJECTS WITHIN THE CITY
OF BUFFALO OR SURROUNDING ENVIRONS AND THE ADVANCE NEW YORK CAPITAL FUND
and other state costs associated with such projects, the director of the
budget  is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none  of  which  shall
exceed  thirty  years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and  the  corporation
agree,  so  as  to  annually  provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service

S. 6255                            111                           A. 9055

contract entered into pursuant to this section shall  provide  that  the
obligation  of  the  state  to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any  constitutional
or  statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to  annual  appro-
priation  by  the legislature. Any such contract or any payments made or
to be made thereunder may be  assigned  and  pledged  by  the  dormitory
authority  and  the  corporation as security for its bonds and notes, as
authorized by this section.
  3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE  DORMITORY
AUTHORITY  AND  THE  CORPORATION  ANY  PORTION  OF BOND PROCEEDS PAID TO
PROVIDE FUNDS FOR OR REIMBURSE THE STATE FOR ITS COSTS  ASSOCIATED  WITH
SUCH  PROJECT  COSTS  AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS
FUND OR ANY OTHER APPROPRIATE FUND.
  S 44. Section 1680-o of the public  authorities  law,  as  amended  by
section 49-b of part PP of chapter 56 of the laws of 2009, is amended to
read as follows:
  S   1680-o.   Courthouse  improvements  and  training  facilities.  1.
Notwithstanding the provisions of any other law  to  the  contrary,  the
authority and the urban development corporation are hereby authorized to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for eligible courthouse improvements[, drug  courts,]  and
training  facilities. The aggregate principal amount of bonds authorized
to be issued pursuant to this section  shall  not  exceed  [eighty-five]
SEVENTY-SIX million [nine] ONE hundred thousand dollars, excluding bonds
issued  to  fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
authority and the urban development corporation shall not be a  debt  of
the  state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the  authority  and  the  urban  development  corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the authority and the urban development  corporation  in
undertaking  the  financing  of  eligible courthouse improvements[, drug
courts,] and training facilities, the director of the budget  is  hereby
authorized to enter into one or more service contracts with the authori-
ty  and  the  urban  development corporation, none of which shall exceed
thirty years in duration, upon such terms and conditions as the director
of the budget and the authority and the  urban  development  corporation
agree, so as to annually provide to the authority and the urban develop-
ment  corporation,  in the aggregate, a sum not to exceed the principal,
interest, and related expenses required for such bonds  and  notes.  Any
service  contract  entered  into  pursuant to this section shall provide
that the obligation of the state to  pay  the  amount  therein  provided
shall  not  constitute  a  debt  of  the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of  monies  available  and  that  no  liability  shall  be
incurred  by  the  state  beyond  the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or

S. 6255                            112                           A. 9055

any payments made or to be made thereunder may be assigned  and  pledged
by  the  authority and the urban development corporation as security for
its bonds and notes, as authorized by this section.
  S  45. Section 51 of part RR of chapter 57 of the laws of 2008, relat-
ing to providing for the administration of certain  funds  and  accounts
related to the 2008-2009 budget, as amended by chapter 94 of the laws of
2011, is amended to read as follows:
  S  51.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided,
however, that the amendments to subdivision 6 of section 4 and  subdivi-
sion  4  of section 40 of the state finance law made by sections fifteen
and sixteen of this act shall expire on the same date such  subdivisions
expire; and provided, further, however, that section thirty-four of this
act  shall take effect on the same date as the reversion of section 69-c
of the state finance law as provided in section 58 of part T of  chapter
57  of  the  laws of 2007, as amended; [and] provided, further, however,
that sections one, three, four, and  eighteen  through  twenty-seven  of
this  act shall expire March 31, 2009 when upon such date the provisions
of such sections shall be deemed repealed;  and  provided  further  that
section [fourteen of this act shall expire March 31, 2012 when upon such
date  the  provisions of such section shall be deemed repealed] FORTY OF
THIS ACT SHALL BE DEEMED TO HAVE BEEN IN FULL FORCE AND  EFFECT  ON  AND
AFTER APRIL 1, 2007.
  S  45-a.  Section  57  of  part  PP of chapter 56 of the laws of 2009,
relating to providing  for  the  administration  of  certain  funds  and
accounts related to the 2009-10 budget, is amended to read as follows:
  S  57.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009; provided,
however, that sections one, two,  three,  four,  twelve  and  twenty-one
through  thirty-one  of this act shall expire March 31, 2010, when, upon
such date, the provisions of such sections  shall  be  deemed  repealed;
provided, however that the amendments to subdivision 5 of section 97-rrr
of  the state finance law made by section thirteen of this act shall not
affect the expiration and reversion of such subdivision and shall expire
and be deemed repealed therewith; [and] provided,  further  that  amend-
ments  to section 69-c of the state finance law, made by section thirty-
five of this act, shall not affect the expiration and reversion of  such
section and shall expire therewith[.]; AND PROVIDED FURTHER THAT SECTION
FORTY-ONE  OF  THIS  ACT  SHALL BE DEEMED TO HAVE BEEN IN FULL FORCE AND
EFFECT ON APRIL 1, 2007.
  S 45-b. Section 55 of part JJ of chapter  56  of  the  laws  of  2010,
relating  to  providing  for  the  administration  of  certain funds and
accounts related to the 2010-11 budget,  paragraph  (a)  as  amended  by
section 58-a of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
  S  55.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 2007;
  (b) sections one, two, three, four, five,  six,  seven,  eight,  nine,
ten, eighteen, and nineteen through twenty-nine of this act shall expire
March  31,  2011,  when, upon such date, the provisions of such sections
shall be deemed repealed; [and]
  (c) the amendments to subdivision 5 of section  97-rrr  of  the  state
finance  law  made  by  section fifteen of this act shall not affect the

S. 6255                            113                           A. 9055

expiration of such subdivision and shall  be  deemed  to  expire  there-
with[.]; AND PROVIDED FURTHER THAT SECTION FORTY-SEVEN OF THIS ACT SHALL
BE DEEMED TO HAVE BEEN IN FULL FORCE AND EFFECT ON APRIL 1, 2007.
  S  46.  The  public authorities law is amended by adding a new section
386-a to read as follows:
  S 386-A. FINANCING  OF  METROPOLITAN  TRANSPORTATION  AUTHORITY  (MTA)
TRANSPORTATION  FACILITIES.  1.   NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE AUTHORITY,  THE  DORMITORY  AUTHORITY  AND  THE
URBAN  DEVELOPMENT  CORPORATION  ARE HEREBY AUTHORIZED TO ISSUE BONDS OR
NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF ASSISTING  THE  METROPOL-
ITAN TRANSPORTATION AUTHORITY IN THE FINANCING OF TRANSPORTATION FACILI-
TIES  AS  DEFINED  IN  SUBDIVISION  SEVENTEEN  OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THIS CHAPTER.  THE  AGGREGATE  PRINCIPAL  AMOUNT  OF  BONDS
AUTHORIZED  TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED SEVEN
HUNDRED SEVENTY MILLION DOLLARS ($770,000,000), EXCLUDING  BONDS  ISSUED
TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE
OF  SUCH  BONDS,  AND  TO  REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES
PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE AUTHORITY, THE  DORMITORY
AUTHORITY  AND  THE URBAN DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF
THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY  BE
PAYABLE  OUT  OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO
THE AUTHORITY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT  CORPO-
RATION  FOR  PRINCIPAL,  INTEREST,  AND  RELATED  EXPENSES PURSUANT TO A
SERVICE CONTRACT AND SUCH BONDS AND NOTES  SHALL  CONTAIN  ON  THE  FACE
THEREOF  A  STATEMENT  TO  SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING
WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  BOND
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE AUTHORITY, THE DORMITORY  AUTHORITY  AND  THE  URBAN
DEVELOPMENT CORPORATION IN UNDERTAKING THE FINANCING OF SUCH TRANSPORTA-
TION  FACILITIES  PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHOR-
IZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE AUTHORITY, THE
DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH
SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS
THE DIRECTOR OF THE BUDGET AND THE AUTHORITY,  THE  DORMITORY  AUTHORITY
AND  THE  URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE
TO THE AUTHORITY, THE DORMITORY  AUTHORITY  AND  THE  URBAN  DEVELOPMENT
CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTER-
EST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR  ANY  PAYMENTS
MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE AUTHOR-
ITY,  THE  DORMITORY  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS
SECURITY FOR SUCH BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHORITY,
THE DORMITORY  AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPORATION  ANY
PORTION  OF  BOND  PROCEEDS  PAID  TO PROVIDE FUNDS FOR OR REIMBURSE THE
STATE FOR ITS COSTS ASSOCIATED WITH SUCH PROJECT  COSTS  AND  TO  CREDIT
SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
  S  47.  Subdivisions  2 and 6 of section 34 of part O of chapter 61 of
the laws of 2000 amending the public authorities  law  relating  to  the

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metropolitan transportation authority, the New York city transit author-
ity  and the Triborough bridge and tunnel authority, are amended to read
as follows:
  2.  The  metropolitan transportation authority is hereby authorized to
issue from time to time one or more series of its  bonds  and  notes  to
finance  and  refinance  projects  and/or  to refund bonds and notes (a)
previously issued by the metropolitan transportation authority, the  New
York city transit authority and the Triborough bridge and tunnel author-
ity,  or  (b) secured wholly or partially by any or all of the following
service contracts: (i) service contracts entered into for  the  purposes
set forth in section 16 of chapter 314 of the laws of 1981; (ii) service
contracts entered into for the purposes set forth in section 42 of chap-
ter  929  of  the laws of 1986; and (iii) service contracts entered into
for the purposes set forth in  subdivision  one  of  this  section.  THE
AGGREGATE  PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO
THIS SUBDIVISION SHALL NOT EXCEED TWO BILLION FIVE MILLION FOUR  HUNDRED
FIFTY-FIVE  THOUSAND DOLLARS ($2,005,455,000), EXCLUDING BONDS ISSUED TO
FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF
SUCH BONDS, AND TO REFUND OR OTHERWISE REPAY SUCH BONDS ISSUED PRIOR  TO
APRIL 1, 2012.
  6.  Any  service contract or contracts for transit and SIRTOA projects
and for commuter projects entered into pursuant to  this  section  shall
provide  for  state  commitments to provide annually to the metropolitan
transportation authority a sum or sums, upon such terms  and  conditions
as  shall  be deemed appropriate by the director of the budget, to fund,
or to fund the debt service requirements of any  bonds  or  other  obli-
gations  of  the metropolitan transportation authority issued to fund[,]
such projects [such that the aggregate debt service  on  all  bonds  and
notes  identified  in  subdivision three of this section does not exceed
$165,000,000 annually through and including July 1, 2031].
  S 48. The public authorities law is amended by adding  a  new  section
386-b to read as follows:
  S  386-B.  FINANCING  OF PEACE BRIDGE PROJECTS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY,  THE  AUTHORITY,  THE  DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO
ISSUE  BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF FINANCING
PEACE BRIDGE PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF  BONDS  AUTHOR-
IZED  TO  BE  ISSUED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED FIFTEEN
MILLION DOLLARS ($15,000,000), EXCLUDING BONDS ISSUED  TO  FUND  ONE  OR
MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS,
AND  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED.
SUCH BONDS AND NOTES OF THE AUTHORITY, THE DORMITORY AUTHORITY  AND  THE
URBAN  DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE
STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF  ANY
FUNDS  OTHER  THAN THOSE APPROPRIATED BY THE STATE TO THE AUTHORITY, THE
DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION FOR PRINCIPAL,
INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT  AND  SUCH
BONDS  AND  NOTES  SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE,
ANY INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE  USED  TO  PAY
DEBT SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE AUTHORITY, THE DORMITORY  AUTHORITY  AND  THE  URBAN
DEVELOPMENT CORPORATION IN UNDERTAKING THE FINANCING OF SUCH TRANSPORTA-
TION  FACILITIES  PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHOR-
IZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE AUTHORITY, THE

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DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH
SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS
THE DIRECTOR OF THE BUDGET AND THE AUTHORITY,  THE  DORMITORY  AUTHORITY
AND  THE  URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE
TO THE AUTHORITY, THE DORMITORY  AUTHORITY  AND  THE  URBAN  DEVELOPMENT
CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTER-
EST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR  ANY  PAYMENTS
MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE AUTHOR-
ITY,  THE  DORMITORY  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS
SECURITY FOR SUCH BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  3. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHORITY,
THE DORMITORY  AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPORATION  ANY
PORTION  OF  BOND  PROCEEDS  PAID  TO PROVIDE FUNDS FOR OR REIMBURSE THE
STATE FOR ITS COSTS ASSOCIATED WITH SUCH PROJECT  COSTS  AND  TO  CREDIT
SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
  S  49.  Subdivisions 1 and 2 of section 45 of section 1 of chapter 174
of the laws of 1968, constituting the New York state  urban  development
corporation  act,  as  added  by  chapter  260  of the laws of 2011, are
amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  urban  development  corporation  of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY 2020  chal-
lenge  grant  program  subject to the approval of a NY-SUNY 2020 plan or
plans by the governor and the chancellor of the state university of  New
York.  The  aggregate  principal amount of bonds authorized to be issued
pursuant to this section shall not  exceed  [$80,000,000]  $110,000,000,
excluding  bonds  issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
refund  or  otherwise  repay such bonds or notes previously issued. Such
bonds and notes of the corporation shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out  of
any  funds other than those appropriated by the state to the corporation
for principal, interest, and related  expenses  pursuant  to  a  service
contract  and  such  bonds and notes shall contain on the face thereof a
statement to such effect. Except for  purposes  of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  2. Notwithstanding any other law, rule, or regulation to the contrary,
the  comptroller  is  hereby  authorized  and directed to deposit to the
credit of the capital projects fund, reimbursement from the proceeds  of
notes  or bonds issued by the urban development corporation of the state
of New York for capital disbursements [of up  to  $80,000,000  from  any
appropriation  or reappropriation authorized by a chapter of the laws of
2011 for NY-SUNY 2020 challenge grants]  ASSOCIATED  WITH  SUCH  PROJECT
COSTS.
  S  50.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 49 of part BB of chapter 58 of the laws  of  2011,
is amended to read as follows:

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  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed  a  total  principal amount of [eighty-four] NINETY-EIGHT million
dollars.
  S 51. Subdivision 10-a of section 1680 of the public authorities  law,
as  amended  by section 38 of part PP of chapter 56 of the laws of 2009,
is amended to read as follows:
  10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
two  thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in  relation  to
any  locally  sponsored  community  college, shall be [five] SIX hundred
[thirty-six] TWENTY-THREE million dollars. Such amount shall  be  exclu-
sive  of bonds and notes issued to fund any reserve fund or funds, costs
of issuance and to refund any outstanding bonds  and  notes,  issued  on
behalf of the state, relating to a locally sponsored community college.
  S  52.  Paragraph  (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 36 of part PP of  chapter  56  of
the laws of 2009, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  the  dormitory  authority shall not issue any bonds for state
university educational facilities purposes if the  principal  amount  of
bonds to be issued when added to the aggregate principal amount of bonds
issued  by  the  dormitory  authority  on and after July first, nineteen
hundred eighty-eight for state university  educational  facilities  will
exceed  ten  billion  [eighty-nine]  THREE HUNDRED FOUR million dollars;
provided, however, that bonds issued or to be issued shall  be  excluded
from  such  limitation  if:    (1) such bonds are issued to refund state
university construction bonds and state  university  construction  notes
previously  issued  by the housing finance agency; or (2) such bonds are
issued to refund bonds of the authority or other obligations issued  for
state  university  educational facilities purposes and the present value
of the aggregate debt service on the refunding bonds does not exceed the
present value of the aggregate debt service on the bonds refunded there-
by; provided, further that upon certification by  the  director  of  the
budget  that the issuance of refunding bonds or other obligations issued
between April first, nineteen hundred ninety-two and March thirty-first,
nineteen hundred ninety-three will generate long term economic  benefits
to  the  state, as assessed on a present value basis, such issuance will
be deemed to have met the present value test noted above.  For  purposes
of  this subdivision, the present value of the aggregate debt service of
the refunding  bonds  and  the  aggregate  debt  service  of  the  bonds
refunded, shall be calculated by utilizing the true interest cost of the
refunding  bonds,  which  shall  be that rate arrived at by doubling the
semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
discount  the  debt  service  payments  on  the refunding bonds from the
payment dates thereof to the date of issue of the refunding bonds to the
purchase price of the refunding bonds, including interest accrued there-
on prior to the issuance thereof. The maturity of such bonds, other than
bonds issued to refund outstanding bonds, shall not exceed the  weighted
average economic life, as certified by the state university construction
fund,  of  the facilities in connection with which the bonds are issued,
and in any case not later than the earlier of thirty years or the  expi-
ration  of  the  term of any lease, sublease or other agreement relating

S. 6255                            117                           A. 9055

thereto; provided that no note, including renewals thereof, shall mature
later than five years after the date  of  issuance  of  such  note.  The
legislature  reserves  the  right to amend or repeal such limit, and the
state  of New York, the dormitory authority, the state university of New
York, and the state university construction  fund  are  prohibited  from
covenanting  or  making  any other agreements with or for the benefit of
bondholders which might in any way affect such right.
  S 53. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2012; provided
that sections one through  seven,  sections  ten  through  fifteen,  and
section  seventeen  of  this  act shall expire March 31, 2013, when upon
such date, the provisions of such sections  shall  be  deemed  repealed;
provided  further that the amendments to subdivisions 1 and 2 of section
45 of section 1 of chapter 174 of the  laws  of  1968  made  by  section
forty-nine  of this act shall not affect the expiration of such subdivi-
sions and shall be deemed to expire therewith.

                                 PART O

  Section 1. The article heading of article 1 of  the  state  technology
law,  as  added  by  chapter 430 of the laws of 1997 and such article as
renumbered by chapter 437 of the laws of 2004, is  amended  to  read  as
follows:
        OFFICE [FOR TECHNOLOGY] OF INFORMATION TECHNOLOGY SERVICES
  S  2.  Subdivision  3  of  section 101 of the state technology law, as
added by chapter 430 of the laws of 1997 and such section as  renumbered
by chapter 437 of the laws of 2004, is amended to read as follows:
  3. "Office" means the office [for technology] OF INFORMATION TECHNOLO-
GY SERVICES.
  S 3. The section heading and subdivision 1 of section 102 of the state
technology  law,  as  added  by chapter 430 of the laws of 1997 and such
section as renumbered by chapter 437 of the laws of 2004, are amended to
read as follows:
  Office [for technology] OF INFORMATION TECHNOLOGY SERVICES;  director,
organization  and employees. 1.  The office [for technology] OF INFORMA-
TION TECHNOLOGY SERVICES is hereby created within the executive  depart-
ment  to  have and exercise the functions, powers and duties provided by
the provisions of this article and any other provision of law.
  S 4. Subdivision 4 of section 202 of  the  state  technology  law,  as
amended  by  chapter  17  of  the  laws  of  2002, is amended to read as
follows:
  4. "Office" shall mean the state office [for technology]  OF  INFORMA-
TION TECHNOLOGY SERVICES.
  S  5.  Subdivision  1  of  section 303 of the state technology law, as
amended by chapter 437 of the laws  of  2004,  is  amended  to  read  as
follows:
  1.  The  office  [for  technology]  OF INFORMATION TECHNOLOGY SERVICES
shall be the electronic facilitator  and  administer  this  article.  In
addition  to  the  authority,  duties  and responsibilities set forth in
article one of this chapter, the electronic facilitator shall  have  the
authority, duties and responsibilities granted in this article.
  S  6.  Subdivision 15 of section 52 of the civil service law, as added
by chapter 228 of the laws of 1998, is amended to read as follows:
  15. Promotion eligibility of person transferred  to  the  office  [for
technology]  OF  INFORMATION  TECHNOLOGY SERVICES.   Notwithstanding any
other provision of this chapter, the names of permanent employees trans-

S. 6255                            118                           A. 9055

ferred from a state agency or department to the office [for  technology]
OF  INFORMATION TECHNOLOGY SERVICES shall remain on any promotion eligi-
ble list for appointment in the agency or  department  from  which  such
employees  were transferred, for a period of one year or until the expi-
ration  of  such  list,  whichever  occurs  first.  Further,  where  the
promotion  eligible list on which such employees' names appear is estab-
lished  in  the  office  [for  technology]  OF  INFORMATION   TECHNOLOGY
SERVICES,  the  names of employees so transferred shall be added to such
promotion eligible list.
  S 7. Subdivision 1 of section 21 of the executive law, as  amended  by
section  93 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  1. There is hereby created in  the  executive  department  a  disaster
preparedness  commission  consisting of the commissioners of transporta-
tion, health, division of criminal justice services,  education,  social
services,  economic  development,  agriculture  and markets, housing and
community renewal, general services, labor, environmental  conservation,
mental  health, parks, recreation and historic preservation, corrections
and community supervision and children and family services,  the  presi-
dent  of  the  New York state energy research and development authority,
the superintendents of state police, insurance, banking,  the  secretary
of  state, the state fire administrator, the chair of the public service
commission, the adjutant general, the directors of  the  offices  within
the  division  of  homeland  security and emergency services, the office
[for technology] OF INFORMATION TECHNOLOGY SERVICES, and the  office  of
victim  services,  the chairs of the thruway authority, the metropolitan
transportation authority, the port authority of New York and New Jersey,
the chief professional officer of the state coordinating chapter of  the
American  Red Cross and three additional members, to be appointed by the
governor, two of whom shall be chief executives. Each member agency  may
designate  an  officer  of that agency, with responsibility for disaster
preparedness matters, who may represent that agency on  the  commission.
The  commissioner  of  the  division  of homeland security and emergency
services shall serve as chair of the commission, and the governor  shall
designate  the  vice chair of the commission. The members of the commis-
sion, except those who serve ex officio, shall be allowed  their  actual
and necessary expenses incurred in the performance of their duties under
this  article  but shall receive no additional compensation for services
rendered pursuant to this article.
  S 8. Subdivision 10 of section 31 of the executive law, as amended  by
section 106 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  10. Office [for technology] OF INFORMATION TECHNOLOGY SERVICES.
  S  9.  Subdivision 3 of section 164-d of the executive law, as amended
by section 1 of part O of chapter 60 of the laws of 2011, is amended  to
read as follows:
  3.  The  office  [for  technology]  OF INFORMATION TECHNOLOGY SERVICES
shall promulgate rules and regulations to implement  the  provisions  of
this  section.  Such rules shall at least provide for the prioritization
and timing for making application forms available on the internet.
  S 10. Subdivision 4 of section 163-a of  the  state  finance  law,  as
amended  by  chapter  437  of  the  laws  of 2004, is amended to read as
follows:
  4. The state agency together  with  the  office  [for  technology]  OF
INFORMATION  TECHNOLOGY  SERVICES determines that the restriction is not
in the best interest of the state. Such office shall notify each  member

S. 6255                            119                           A. 9055

of the advisory council established in article one of the state technol-
ogy law of any such waiver of these restrictions.
  S  11.  Section 171-k of the tax law, as amended by chapter 437 of the
laws of 2004, is amended to read as follows:
  S 171-k. Electronic signature. If any return or report relating  to  a
tax, fee or other imposition administered by the commissioner is author-
ized by the commissioner to be filed electronically, then such return or
report  shall be signed electronically consistent with the provisions of
article three of the state technology law; provided,  however,  that  if
the  commissioner determines that electronic signatures that are used by
the federal internal revenue  service  in  tax  administration  are  not
consistent  with the provisions of article three of the state technology
law, then the commissioner, after conferring with the office [for  tech-
nology] OF INFORMATION TECHNOLOGY SERVICES, may prescribe the manner and
form  of  electronic  signature on any such return or report. Such elec-
tronic signature shall conform, to the extent  practicable,  with  elec-
tronic signatures that are used by the federal internal revenue service.
The use of such an electronic signature shall have the same validity and
effect as the use of a signature affixed by hand.
  S  12.  Subdivision  4 of section 236-b of the county law, as added by
chapter 339 of the laws of 2009, is amended to read as follows:
  4. In this section, the term "agency of the state of New  York"  shall
include  any  department, bureau, commission, board, public authority or
other agency of the state of New York; any  public  benefit  corporation
whose  board of directors includes any member appointed by the governor;
any subdivision of any department,  bureau,  commission,  board,  public
authority  or other agency of the state which is easily identifiable and
which for most other purposes is treated as an independent state agency;
and the office [for technology] OF INFORMATION TECHNOLOGY SERVICES.
  S 13. Paragraph (h) of subdivision 1 of section 327 of the county law,
as added by section 33 of part B of chapter 56 of the laws of  2010,  is
amended to read as follows:
  (h) one shall be the director of the office [for technology] OF INFOR-
MATION TECHNOLOGY SERVICES, or his or her designee;
  S 14.  Terms. (a) Wherever the term "office for technology" appears in
the  executive  law,  state  technology law, or otherwise in the consol-
idated or unconsolidated laws of this state, such term is hereby changed
to "office of information technology services".
  (b) Wherever the term "director of the office for technology"  appears
in  the executive law, state technology law, or otherwise in the consol-
idated or unconsolidated laws of this state, such term is hereby changed
to "director of information technology services".
  (c) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting
commission within sixty days of the effective date  of  this  provision.
Such  memorandum  shall be issued jointly by the governor, the temporary
president of the senate and the speaker of the assembly, or by the dele-
gate of each.
  S 15. Existing rights and remedies, preserved. No  existing  right  or
remedy of any character shall be lost, impaired or affected by reason of
this act.
  S 16. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
office for technology, and pertaining to or  connected  with  its  func-

S. 6255                            120                           A. 9055

tions,  powers,  obligations  and  duties,  shall  be  affected  by  any
provision of this act, but in the same way may be prosecuted or defended
in the name of the office of information  technology  services.  In  all
such  actions  and  proceedings  the  office  of  information technology
services, upon application to the  court,  shall  be  substituted  as  a
party.
  S  17.  This  act shall take effect on the sixtieth day after it shall
have become a law.

                                 PART P

  Section 1. Paragraph i of subdivision 10 of section 54  of  the  state
finance  law,  as added by section 1 of part F of chapter 56 of the laws
of 2007, subparagraph (vi) as added by section 2 of part  D  of  chapter
503  of  the  laws  of 2009, subparagraph (vii) as added by section 3 of
part Z of chapter 56 of the laws of 2010, subparagraph (viii)  as  added
by  section 3 of part I of chapter 57 of the laws of 2011, is amended to
read as follows:
  i. Payments. (i) In the state fiscal year commencing April first,  two
thousand  seven  and  in  each  state fiscal year thereafter through and
including the state fiscal year commencing  April  first,  two  thousand
ten, base level grants shall be paid in the same "on or before month and
day" manner as:
  (1) paid in the state fiscal year commencing April first, two thousand
six under the aid and incentives for municipalities program in effect at
that  time and appropriated in chapter fifty of the laws of two thousand
six; or
  (2) set forth in part R of chapter fifty-six of the laws of two  thou-
sand four relating to unrestricted aid to certain cities.
  (ii)  In  the  state  fiscal year commencing April first, two thousand
seven and in each state fiscal year thereafter through and including the
state fiscal year commencing April first, two thousand  ten,  additional
annual  apportionments  and  per  capita adjustments authorized in para-
graphs d and e of this subdivision shall be paid on or  before  December
fifteenth  for  cities  with fiscal years beginning January first, on or
before March fifteenth for all other cities, and for towns and villages,
in the same "on or before month and day"  manner  as  their  base  level
grants are paid pursuant to subparagraph (i) of this paragraph.
  (II-A)  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, IN THE STATE
FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN AND EACH  STATE
FISCAL YEAR THEREAFTER, UP TO TWENTY-EIGHT MILLION DOLLARS IN BASE LEVEL
GRANTS  OTHERWISE  PAYABLE TO THE CITY OF ROCHESTER IN OCTOBER, DECEMBER
AND MARCH SHALL BE PAID ON OR BEFORE JUNE THIRTIETH.
  (iii) Aid and incentives for municipalities shall be  apportioned  and
paid  to  the  chief  fiscal  officer  of each municipality on audit and
warrant of the state comptroller  out  of  moneys  appropriated  by  the
legislature  for  such  purpose  to  the  credit of the local assistance
account in the general fund of  the  state  treasury.  Any  municipality
receiving  aid and incentives for municipalities pursuant to this subdi-
vision shall use such aid only for general municipal purposes except  as
provided in subparagraph (iv) of this paragraph.
  (iv)  Amounts  payable  to  any  city having a population of less than
fifty-five thousand but more than fifty-four thousand according  to  the
federal decennial census of nineteen hundred ninety shall be apportioned
and paid to the special account for the municipal assistance corporation
for the city of Troy in the municipal assistance state aid fund pursuant

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to  section ninety-two-e of this chapter and chapters one hundred eight-
y-seven and one hundred eighty-eight of the  laws  of  nineteen  hundred
ninety-five.
  (v)  Notwithstanding  any  inconsistent  provision  of law, additional
annual apportionments pursuant to paragraph d of  this  subdivision  and
pursuant  to the aid and incentives for municipalities program appropri-
ated in chapter fifty of the laws of  two  thousand  six  shall  not  be
considered  state  aid  pursuant  to  title  two of article ten-D of the
public authorities law for any eligible city subject to a control period
under a state imposed fiscal stability authority. Such additional annual
apportionments shall be paid to such authority for distribution to  such
city  within  the  context  of an authority-approved four year financial
plan, for the following purposes:
  (i) To maintain, minimize, or reduce the real property tax burden;
  (ii) To support investments in  technology  or  other  efficiency  and
productivity initiatives that permanently minimize or reduce the munici-
pality's operating expenses;
  (iii)  To  support  economic development or infrastructure investments
that are necessary  to  achieve  economic  revitalization  and  generate
growth in the municipality's real property tax base; and
  (iv) To minimize or prevent reductions in city services.
  (vi)  Notwithstanding subparagraph (i) of this paragraph, in the state
fiscal year commencing  April  first,  two  thousand  nine  the  deficit
reduction adjustment to the base level grants of certain cities pursuant
to  paragraph e-one of this subdivision shall be made on or before March
fifteenth, two thousand ten.
  (vii) Notwithstanding subparagraph (i) of this paragraph, in the state
fiscal year commencing April first, two thousand  ten,  the  base  level
grant  adjustment  pursuant  to subparagraph (ii) of paragraph b of this
subdivision shall be made on or before September twenty-fifth for a town
or village, on or before December fifteenth for a city whose fiscal year
begins January first, and on or before March fifteenth for a city  whose
fiscal year does not begin on January first.
  (viii)  Notwithstanding  subparagraph  (i)  of  this paragraph, in the
state fiscal year commencing April first, two thousand eleven, the  base
level  grant  adjustment pursuant to subparagraph (iv) of paragraph b of
this subdivision shall be made on or before September twenty-fifth for a
town or village, on or before December fifteenth for a city whose fiscal
year begins January first, and on or before March fifteenth for  a  city
whose fiscal year does not begin January first.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section  1.  Notwithstanding  any  other  law to the contrary, for the
purpose of promoting access to employment, the state shall  pay  to  the
metropolitan  transportation  authority the costs associated with estab-
lishment and implementation by the metropolitan transportation authority
of a rebate program for E-ZPass tolls paid by  the  residents  of  Broad
Channel  and  the  Rockaway  Peninsula  who live within zip codes 11691,
11692, 11693, 11694, 11695, and 11697, for travel  over  the  Cross  Bay
Veterans Memorial Bridge.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,

S. 6255                            122                           A. 9055

impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through Q of this act shall be
as specifically set forth in the last section of such Parts.

S6255A - Bill Details

See Assembly Version of this Bill:
A9055D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6255A - Bill Texts

view summary

Relates to DNA testing of certain offenders convicted of a crime; relates to the administration of traffic infractions; relates to disaster preparedness; relates to the reimbursement of medicare premium charges for employees and retired employees of the state, public authorities, public benefit corporations or other quasi-public organizations of the state; exempts centralized contracts from audit prior to finalization; relates to the ability to designate an agency contract as a statewide contract and to the expansion of state contract rights for local governments and non-profit organizations; alters the definition of best value for procurement; expands contract use rights for local governments; relates to the procurement opportunities newsletter; relates to the procurement of department printing and purchases by charitable organizations; renames the office for technology the office of information technology services; relates to paying the metropolitan transportation authority the costs associated with reimbursements for E-ZPass tolls paid by the residents of Broad Channel and the Rockaway Peninsula for travel over the Cross Bay Veterans Memorial Bridge; relates to the collection of assessments for annual expenses; authorizes the transfer of certain facility parole officers to open positions as the parole officer or senior parole officer title; expands the scope of the annual report by the department of corrections to the legislature concerning the staffing and facilities of state correctional facilities; relates to the education reform program; relates to support for the public defense backup center and additional state aid tied to the salary of the district attorney of each county and the calculation thereof; and relates to the public safety communications surcharge.

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

    S. 6255--A                                            A. 9055--A

                      S E N A T E - A S S E M B L Y

                            January 17, 2012
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the executive law, in relation to the DNA testing of
  certain offenders convicted of a crime (Part  A);  to  repeal  section
  396-ff  of the general business law, relating to the pistol and revol-
  ver ballistic identification databank (Part B); to amend  the  vehicle
  and  traffic law, in relation to the administration of traffic infrac-
  tions (Part C); to amend the penal law, the correction  law,  and  the
  criminal  procedure  law,  in  relation  to  terms  of  probation  and
  probation detainer warrants (Part D); to  amend  the  penal  law,  the
  civil  practice  law  and  rules  and  the  criminal procedure law, in
  relation to the seizure and  forfeiture  of  proceeds  of  felony  and
  misdemeanor crimes (Part E); to amend chapter 503 of the laws of 2009,
  relating  to  the  disposition  of monies recovered by county district
  attorneys before the filing of an accusatory instrument,  in  relation
  to  the effectiveness thereof (Part F); to amend the executive law, in
  relation to disaster preparedness (Part G); to  amend  the  retirement
  and social security law, the education law and the administrative code
  of  the  city of New York, in relation to persons joining the New York
  state and local employees' retirement system, the New York  state  and
  local  police and fire retirement system, the New York state teachers'
  retirement system, the New York city employees' retirement system, the
  New York city teachers' retirement system, the New York city board  of
  education retirement system, the New York city police pension fund, or
  the  New  York  city fire pension fund on or after April 1, 2012 (Part
  H); to amend the civil service law, in relation to  the  reimbursement
  of medicare premium charges for employees and retired employees of the
  state,  public  authorities,  public  benefit  corporations  or  other
  quasi-public organizations of the state (Part I); to amend  the  state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12670-02-2

S. 6255--A                          2                         A. 9055--A

  finance  law,  in relation to reappropriation bills (Part J); to amend
  the public lands, in relation to state aid on certain state leased  or
  state-owned land (Part K); to amend the state finance law, in relation
  to  the exemption of centralized contracts from audit prior to finali-
  zation, the ability to designate an agency  contract  as  a  statewide
  contract, the expansion of state contract rights for local governments
  and  non-profit  organizations,  amending the definition of best value
  and lowest price for procurement and in relation to  modifications  of
  contracts by not-for-profit corporations; to amend the general munici-
  pal  law,  in  relation  to  expanding  contract  use rights for local
  governments; to amend the New York state printing and public documents
  law, the state finance law, the not-for-profit  corporation  law,  the
  education  law  and  the  general  municipal  law,  in relation to the
  procurement of department printing; to amend chapter 741 of  the  laws
  of  1985  relating  to  authorizing  certain organizations to purchase
  commodities under  contracts  let  by  the  state  office  of  general
  services,  in  relation  to  purchases by charitable organizations; to
  amend chapter 83 of the laws of 1995 amending the  state  finance  law
  and  other laws relating to bonds, notes, and revenues, in relation to
  the  effectiveness  of  certain  provisions  thereof;  and  to  repeal
  sections  6  and 7 of the New York state printing and public documents
  law, relating to department printing (Part  L);  to  amend  the  civil
  service  law,  in  relation  to  authorizing term appointments without
  examination for  certain  information  technology  positions;  filling
  vacancies  by  open competitive or upon promotion examination; certif-
  ication of eligible lists from an open promotion examination;  depart-
  mental  and  interdepartmental  promotion lists; promotion examination
  opportunities  for  employees  in  non-competitive  or  labor   class;
  promotion  and  transfer  to  administrative  positions  in  the state
  service; transfer of employees  in  the  non-competitive  class  where
  possession of credentials, licenses or certifications is required; and
  transfer  of  personnel upon consolidation or merger of departments or
  agencies (Part M); to provide for the administration of certain  funds
  and  accounts  related  to  the  2012-13  budget;  authorizing certain
  payments and transfers; to amend the state finance law, in relation to
  school tax relief fund; to amend the state finance law, in relation to
  issuance  of  certificates  of  participation,  variable  rate  bonds,
  payments,  transfers  and  deposits of funds and investment of general
  funds, bond proceeds, and other funds  not  immediately  required;  to
  amend  the  public authorities law, in relation to state environmental
  infrastructure projects; to amend chapter 61  of  the  laws  of  2005,
  relating  to  providing  for  the  administration of certain funds and
  accounts related to the 2005-2006 budget, in relation to the  Division
  of  Military  and Naval Affairs Capital Projects; to amend chapter 389
  of the laws of 1997, relating to the  financing  of  the  correctional
  facilities  improvement  fund and the youth facility improvement fund,
  in relation to the issuance of bonds; to  amend  the  private  housing
  finance  law, in relation to housing program bonds and notes; to amend
  chapter 329 of the laws of 1991, amending the state  finance  law  and
  other  laws relating to the establishment of the dedicated highway and
  bridge trust fund, in relation to the issuance of bonds; to amend  the
  public  authorities  law,  in  relation to courthouse improvements and
  training facilities, metropolitan transportation authority facilities,
  peace bridge projects and issuance of bonds by the dormitory  authori-
  ty;  to amend the New York state urban development corporation act, in
  relation to funding project costs for the state university of New York

S. 6255--A                          3                         A. 9055--A

  college for nanoscale and science engineering  and  the  NY-SUNY  2020
  challenge  grant  program;  to  amend  chapter 57 of the laws of 2008,
  relating to providing for the  administration  of  certain  funds  and
  accounts  related  to  the 2008-2009 budget, in relation to the effec-
  tiveness thereof; to amend chapter 56 of the laws of 2009, relating to
  providing for the administration of certain funds and accounts related
  to the 2009-10 budget, in relation to the  effectiveness  thereof;  to
  amend  chapter  56  of the laws of 2010, relating to providing for the
  administration of certain funds and accounts related  to  the  2009-10
  budget,  in relation to the effectiveness thereof; to amend chapter 61
  of the laws of 2000, amending the public authorities law  relating  to
  the  metropolitan  transportation authority, the New York city transit
  authority, and the Triborough bridge and tunnel authority, in relation
  to authorizations to issue bonds and notes; to repeal  sections  90-b,
  91-g, 92-a, 92-i, 92-j, 92-m, 92-w, 94-c, 94-d, 96, 97-n, 97-o, 97-cc,
  97-ff,  97-ss, 97-fff, 97-uuu, 97-www, 97-aaaa, 97-bbbb, 99-g and 99-i
  of the state finance law relating thereto; to repeal subdivision 5  of
  section  233-a and subdivision 3-a of section 378 of the education law
  relating thereto; to repeal paragraph f of subdivision 31  of  section
  1680  of  the  public authorities law relating to the reserve funds of
  private not-for-profit schools established with the dormitory authori-
  ty; to repeal section 1022 of the private housing finance law relating
  to the rural housing assistance fund; to repeal section 12 of  chapter
  1040  of  the laws of 1981 relating to penalties for violations of the
  lobbying act; to repeal chapter 50 of the laws  of  1993  relating  to
  making appropriations for the support of government; and providing for
  the  repeal of certain provisions upon expiration thereof (Part N); to
  amend the state technology law, the civil service law,  the  executive
  law,  the  state  finance  law,  the  tax  law, and the county law, in
  relation to renaming the office for technology the office of  informa-
  tion  technology services (Part O); to amend the state finance law, in
  relation to aid and incentive to municipalities (Part P); to  pay  the
  metropolitan   transportation  authority  the  costs  associated  with
  reimbursements for E-ZPass tolls paid by the residents of Broad  Chan-
  nel  and the Rockaway Peninsula for travel over the Cross Bay Veterans
  Memorial Bridge (Part Q); and to amend the workers' compensation  law,
  in relation to the collection of assessments for annual expenses (Part
  R)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through R. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

S. 6255--A                          4                         A. 9055--A

  Section 1. Subdivision 7 of section  995  of  the  executive  law,  as
amended  by  chapter  2 of the laws of 2006, paragraph (a) as separately
amended by chapter 320 of the laws of 2006 and paragraph (f) as  amended
by chapter 405 of the laws of 2010, is amended to read as follows:
  7.  "Designated  offender"  means a person convicted of [and sentenced
for any one or more of the following provisions of  the  penal  law  (a)
sections  120.05,  120.10,  and  120.11,  relating  to assault; sections
125.15 through 125.27 relating to  homicide;  sections  130.25,  130.30,
130.35,  130.40,  130.45, 130.50, 130.65, 130.67 and 130.70, relating to
sex offenses; sections 205.10, 205.15, 205.17 and  205.19,  relating  to
escape  and other offenses, where the offender has been convicted within
the previous five years of one of the other felonies specified  in  this
subdivision;  or sections 255.25, 255.26 and 255.27, relating to incest,
a violent felony offense as defined in subdivision one of section  70.02
of  the  penal  law, attempted murder in the first degree, as defined in
section 110.00 and section 125.27 of the penal law,  kidnapping  in  the
first  degree,  as  defined in section 135.25 of the penal law, arson in
the first degree, as  defined  in  section  150.20  of  the  penal  law,
burglary  in the third degree, as defined in section 140.20 of the penal
law, attempted burglary in the  third  degree,  as  defined  in  section
110.00  and section 140.20 of the penal law, a felony defined in article
four hundred ninety of the  penal  law  relating  to  terrorism  or  any
attempt to commit an offense defined in such article relating to terror-
ism  which  is  a  felony;  or  (b)  criminal possession of a controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as defined in section 220.18 of  the  penal  law;  criminal  sale  of  a
controlled  substance,  as  defined  in article 220 of the penal law; or
grand larceny in the fourth degree, as defined in  subdivision  five  of
section  155.30  of  the  penal  law;  or  (c) any misdemeanor or felony
defined as a sex offense or sexually violent offense pursuant  to  para-
graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
three of section one hundred sixty-eight-a of the correction law; or (d)
any  of the following felonies, or an attempt thereof where such attempt
is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  criminally negligent homicide, as defined in section 125.10
of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
defined  in  section  125.12 of the penal law; vehicular manslaughter in
the first degree, as  defined  in  section  125.13  of  the  penal  law;
persistent  sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth  degree,  as  defined  in  section
130.65-a  of  the  penal  law;  female genital mutilation, as defined in
section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
controlled  substance,  as  defined  in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section  135.10
of the penal law; custodial interference in the first degree, as defined
in  section  135.50  of  the  penal  law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal  tamper-
ing  in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first  degree,  as  defined  in
section  145.45 of the penal law; robbery in the third degree as defined

S. 6255--A                          5                         A. 9055--A

in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law;  identity  theft  in  the
first  degree,  as defined in section 190.80 of the penal law; promoting
prison  contraband  in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as  defined
in  section  215.11  of  the  penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law;  tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
first  degree,  as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30  of  the
penal  law;  promoting  prostitution  in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined  in
section  230.33  of  the  penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of  the  penal
law;  disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the  penal  law;  unlawful
surveillance  in  the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the  first  degree,  as  defined  in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first  degree,  as  defined in section 260.34 of the penal law; use of a
child in a sexual performance, as defined in section 263.05 of the penal
law; promoting an obscene sexual performance by a child, as  defined  in
section  263.10  of the penal law; possessing an obscene sexual perform-
ance by a child, as defined in section 263.11 of the penal law;  promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal  law;  possessing  a  sexual performance by a child, as defined in
section 263.16 of the penal law; criminal possession of a weapon in  the
third  degree,  as  defined in section 265.02 of the penal law; criminal
sale of a firearm in the third degree, as defined in section  265.11  of
the  penal  law;  criminal  sale  of a firearm to a minor, as defined in
section 265.16 of the penal law; unlawful wearing of  a  body  vest,  as
defined  in  section  270.20 of the penal law; hate crimes as defined in
section 485.05 of the penal law; and crime of terrorism, as  defined  in
section  490.25  of  the penal law; or (e) a felony defined in the penal
law or an attempt thereof where such attempt is a felony; or (f) any  of
the  following  misdemeanors:  assault in the third degree as defined in
section 120.00 of the penal law; attempted  aggravated  assault  upon  a
person  less  than  eleven  years  old, as defined in section 110.00 and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing in the second degree as defined in section 120.14 of the penal  law;
menacing  in  the third degree as defined in section 120.15 of the penal
law; reckless endangerment in the second degree as  defined  in  section
120.20  of  the  penal  law; stalking in the fourth degree as defined in

S. 6255--A                          6                         A. 9055--A

section 120.45 of the penal law; stalking in the third degree as defined
in section 120.50 of the penal law; attempted  stalking  in  the  second
degree,  as  defined  in  section 110.00 and section 120.55 of the penal
law;  criminal  obstruction of breathing or blood circulation as defined
in section 121.11 of the penal law;  forcible  touching  as  defined  in
section  130.52  of  the  penal law regardless of the age of the victim;
sexual abuse in the third degree as defined in  section  130.55  of  the
penal  law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law  regard-
less  of  the  age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and  section  135.10  of  the
penal  law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law;  possession
of  burglar's tools as defined in section 140.35 of the penal law; petit
larceny as defined in section 155.25 of the penal law;  endangering  the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering  the  welfare  of an incompetent or physically disabled person as
defined in section 260.25 of the penal law] ANY FELONY  DEFINED  IN  ANY
CHAPTER OF THE LAWS OF THE STATE OR ANY MISDEMEANOR DEFINED IN THE PENAL
LAW.
  S  2.  Subdivision 3 of section 995-c of the executive law, as amended
by chapter 576 of the laws of 2004, is amended to read as follows:
  3. (A) Any designated offender subsequent to conviction and sentencing
for a crime specified in subdivision seven of section nine hundred nine-
ty-five of this article, shall be required to provide a sample appropri-
ate for DNA testing to determine identification characteristics specific
to such person and to be included in a state  DNA  identification  index
pursuant to this article.
  (B)  (I)  IN  THE  CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A
TERM OF IMPRISONMENT, SUCH SAMPLE SHALL BE COLLECTED BY THE PUBLIC SERV-
ANT TO WHOSE CUSTODY THE DESIGNATED OFFENDER HAS BEEN COMMITTED.
  (II) IN THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO  A  TERM
OF  PROBATION,  INCLUDING A SENTENCE OF PROBATION IMPOSED IN CONJUNCTION
WITH A SENTENCE OF IMPRISONMENT WHEN  A  SAMPLE  HAS  NOT  ALREADY  BEEN
TAKEN, SUCH SAMPLE SHALL BE COLLECTED BY THE PROBATION DEPARTMENT SUPER-
VISING THE DESIGNATED OFFENDER.
  (III)  IN  THE  CASE  OF A DESIGNATED OFFENDER WHOSE SENTENCE DOES NOT
INCLUDE EITHER A TERM OF IMPRISONMENT OR A TERM OF PROBATION, THE  COURT
SHALL  ORDER  THAT  THE  DESIGNATED  OFFENDER REPORT TO AN OFFICE OF THE
SHERIFF OF THAT COUNTY, AND WHEN THE DESIGNATED OFFENDER DOES  SO,  SUCH
SAMPLE SHALL BE COLLECTED BY THE SHERIFF'S OFFICE.
  (IV)  NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE COLLECTION OF A DNA
SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR  LOCAL
CORRECTION  OFFICIAL  OR  EMPLOYEE,  PROBATION  OFFICER, PAROLE OFFICER,
POLICE OFFICER, PEACE OFFICER, OR OTHER  PUBLIC  SERVANT  WHO  HAS  BEEN
NOTIFIED  BY  THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT SUCH DESIG-
NATED OFFENDER HAS NOT PROVIDED A DNA SAMPLE. UPON NOTIFICATION  BY  THE
DIVISION OF CRIMINAL JUSTICE SERVICES THAT A DESIGNATED OFFENDER HAS NOT
PROVIDED  A  DNA  SAMPLE, SUCH COURT OFFICIAL, STATE OR LOCAL CORRECTION
OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, POLICE OFFICER,
PEACE OFFICER OR OTHER PUBLIC SERVANT SHALL COLLECT THE DNA SAMPLE.
  S 3. This act shall take effect October 1,  2012;  provided,  however,
that the amendments to subdivision 7 of section 995 of the executive law
made  by section one of this act shall apply to conviction of designated
offenses on or after such effective date.

S. 6255--A                          7                         A. 9055--A

                                 PART B

  Section 1. Section 396-ff of the general business law is REPEALED.
  S 2. This act shall take effect immediately.

                                 PART C

  Section  1. Section 1806 of the vehicle and traffic law, as amended by
section 1 of part TT of chapter 56 of the laws of 2009,  is  amended  to
read as follows:
  S 1806. Plea  of  not  guilty  by  a  defendant charged with a traffic
infraction. In addition to appearing personally to enter a plea  of  not
guilty to a violation of any provision of the tax law or the transporta-
tion  law  regulating  traffic,  or  to  a  traffic  infraction  for the
violation of any of the provisions of the vehicle and traffic law or  of
any  local  law,  ordinance,  order,  rule or regulation relating to the
operation of motor vehicles or motorcycles, a defendant may enter a plea
of not guilty by mailing to the court of  appropriate  jurisdiction  the
ticket  making  the  charge and a signed statement indicating such plea.
Such plea must be sent: (a) by  registered  or  certified  mail,  return
receipt  requested  or  by  first class mail; and (b) within forty-eight
hours after receiving such ticket.  Upon  receipt  of  such  ticket  and
statement,  the court shall advise the violator, BY FIRST CLASS MAIL, of
an appearance AT WHICH NO TESTIMONY SHALL  BE  TAKEN.  IF  THE  MOTORIST
REQUESTS  A TRIAL, THE COURT SHALL SET A TRIAL DATE ON A DATE SUBSEQUENT
TO THE DATE OF THE INITIAL APPEARANCE AND SHALL NOTIFY THE DEFENDANT  OF
THE  date  by  first  class mail but no warrant of arrest for failure to
appear can be issued until the violator  is  notified  of  a  new  court
appearance   date  by  registered  or  certified  mail,  return  receipt
requested, and fails to appear.
  S 2. This act shall take effect immediately.

                                 PART D

  Section 1. Subdivision 3 of section 65.00 of the penal law, as amended
by chapter 264 of the laws of 2003, subparagraphs (i) and (ii) of  para-
graph (a) as amended by section 20 of part AAA of chapter 56 of the laws
of 2009, paragraph (c) as amended by chapter 568 of the laws of 2004 and
the  closing paragraph as amended by chapter 320 of the laws of 2006, is
amended to read as follows:
  3. Periods of probation. Unless terminated sooner in  accordance  with
the criminal procedure law, the period of probation shall be as follows:
  (a)  (i) For a felony, other than a class A-II felony defined in arti-
cle two hundred twenty of this chapter or the class B felony defined  in
section  220.48  of this chapter, or any other class B felony defined in
article two hundred twenty of this chapter committed by a second  felony
drug  offender,  or a sexual assault, the period of probation shall be A
DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST THREE YEARS AND
WHICH MUST NOT EXCEED five years;
  (ii) For a class A-II felony drug offender as defined in paragraph (a)
of subdivision one of section 70.71 of  this  chapter  as  described  in
paragraph  (b)  of  subdivision one of this section, or a class B felony
committed by a second felony drug offender described in paragraph (b) of
subdivision one of this section, the period of probation shall  be  life
and  for a class B felony defined in section 220.48 of this chapter, the
period of probation shall be twenty-five years;

S. 6255--A                          8                         A. 9055--A

  (iii) For a felony sexual assault, the period of  probation  shall  be
ten years.
  (b)  (i)  For  a class A misdemeanor, other than a sexual assault, the
period of probation shall be A DETERMINATE TERM, IN WHOLE  YEARS,  WHICH
MUST BE AT LEAST TWO YEARS AND WHICH MUST NOT EXCEED three years;
  (ii) For a class A misdemeanor sexual assault, the period of probation
shall be six years.
  (c)  For  a  class B misdemeanor, the period of probation shall be one
year, except the period of probation shall be no less than one year  and
no  more than three years for the class B misdemeanor of public lewdness
as defined in section 245.00 of this chapter;
  (d) For an unclassified misdemeanor, the period of probation shall  be
A DETERMINATE TERM, IN WHOLE YEARS, WHICH MUST BE AT LEAST TWO YEARS AND
WHICH  MUST  NOT EXCEED three years if the authorized sentence of impri-
sonment is in excess of three months, otherwise the period of  probation
shall be one year.
  For  the  purposes of this section, the term "sexual assault" means an
offense defined in article one hundred  thirty  or  two  hundred  sixty-
three,  or  in  section  255.25, 255.26 or 255.27 of this chapter, or an
attempt to commit any of the foregoing offenses.
  S 1-a.  Subdivision 4 of section 60.01 of the penal law, as amended by
chapter 548 of the laws of 1984, is amended to read as follows:
  4. [In] NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION, IN any case
where a person has been sentenced  to  a  period  of  probation  imposed
pursuant  to  section 65.00 of this chapter OR PARAGRAPH (D) OF SUBDIVI-
SION TWO OF THIS SECTION, if the [part of the] sentence  [that  provides
for]  OF  probation  is  revoked, the court must sentence such person to
imprisonment or  to  the  sentence  of  imprisonment  and  probation  as
provided  for  in  paragraph  (d)  of  subdivision  two of this section;
PROVIDED, HOWEVER, THAT IF THE ORIGINAL PERIOD  OF  PROBATION  WAS  LESS
THAN  THE  MAXIMUM PROBATION SENTENCE AUTHORIZED BY SUBDIVISION THREE OF
SECTION 65.00 OF THIS CHAPTER, THE COURT MAY INSTEAD IMPOSE THE  REMAIN-
ING PORTION OF SUCH MAXIMUM AUTHORIZED SENTENCE IN LIEU OF IMPRISONMENT.
IN  THE  EVENT  THAT  A  PROBATION SENTENCE IS VIOLATED, THE SENTENCE OF
PROBATION SHALL BE IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION  65.00
OF THIS CHAPTER.
  S 1-b. Subdivision four of section 65.00 of the penal law, as added by
chapter 264 of the laws of 2003, is amended to read as follows:
  4.  In any case where a court pursuant to its authority under subdivi-
sion four of  section  60.01  of  this  chapter  revokes  probation  and
sentences  such  person  to  imprisonment  and probation, as provided in
paragraph (d) of subdivision two of section 60.01 of this chapter  OR  A
SENTENCE OF PROBATION IMPOSED PURSUANT TO SECTION 65.00 OF THIS CHAPTER,
the  period of probation shall be the remaining period of the [original]
MAXIMUM AUTHORIZED probation sentence  IN  ACCORDANCE  WITH  SUBDIVISION
THREE  OF  THIS SECTION or one year whichever is greater, IN ADDITION TO
ANY TIME AUTHORIZED PURSUANT TO SUBDIVISION FIVE OF  SECTION  410.70  OF
THE CRIMINAL PROCEDURE LAW.
  S  1-c.  Subdivision  five of section 410.70 of the criminal procedure
law, as amended by chapter 112 of the laws of 1985, is amended  to  read
as follows:
  5.  Revocation;  modification;  continuation. At the conclusion of the
hearing the court  may  revoke,  continue  or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in [subdivisions]  SUBDI-
VISION  three [and] OR four of section 60.01 of the penal law, WHICHEVER

S. 6255--A                          9                         A. 9055--A

IS APPLICABLE.  Where the court continues or modifies the  sentence,  it
must vacate the declaration of delinquency and direct that the defendant
be released. If the alleged violation is sustained and the court contin-
ues or modifies the sentence, it may extend the sentence up to the peri-
od  of interruption specified in subdivision two of section 65.15 of the
penal law, but any time spent in custody in any correctional institution
pursuant to section 410.60 of this article shall be credited against the
term of the sentence.
  S 2.   Paragraph  (c)  of  subdivision  1  of  section  500-a  of  the
correction  law,  as  amended  by  chapter  541  of the laws of 1994, is
amended to read as follows:
  (c) For the detention of persons awaiting the availability of a court,
pursuant to the provisions of section 210.10, subdivision two of section
530.70 [or], subdivision two of section 410.40 OR SECTION 410.92 of  the
criminal procedure law;
  S  3.  The  criminal  procedure law is amended by adding a new section
410.92 to read as follows:
S 410.92 PROBATION DETAINER WARRANT.
  1. A PERSON UNDER PROBATION SUPERVISION WHO HAS BEEN TAKEN INTO CUSTO-
DY PURSUANT TO SECTION 410.40 OR SECTION  410.50  OF  THIS  ARTICLE  FOR
VIOLATION  OF  A  CONDITION OF A SENTENCE OF PROBATION MUST FORTHWITH BE
BROUGHT BEFORE THE COURT THAT IMPOSED THE SENTENCE. WHERE THE COURT THAT
IMPOSED SENTENCE IS A LOCAL CRIMINAL COURT AND NO JUDGE FROM THAT  COURT
IS  AVAILABLE,  AND  SUCH PERSON HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SUBDIVISION FOUR OF SECTION 410.50 OF THIS ARTICLE, SUCH PERSON SHALL BE
BROUGHT BEFORE ANY AVAILABLE ALTERNATIVE COURT AS DESCRIBED IN  SUBDIVI-
SION  FIVE  OF  SECTION  120.90  OF  THIS  CHAPTER. WHERE THE COURT THAT
IMPOSED THE SENTENCE IS A SUPERIOR COURT AND NO JUDGE FROM THAT COURT IS
AVAILABLE, SUCH PERSON SHALL BE BROUGHT BEFORE ANY AVAILABLE LOCAL CRIM-
INAL COURT IN THE SAME COUNTY. WHEN NO SUCH ALTERNATIVE COURT IS  AVAIL-
ABLE,  THE  PROBATION OFFICER SHALL REPORT SUCH FACT AND SUCH EFFORTS TO
LOCATE AN AVAILABLE ALTERNATIVE COURT TO THE DIRECTOR OR DEPUTY DIRECTOR
OF THE LOCAL PROBATION DEPARTMENT, AND THEREUPON A WARRANT MAY BE ISSUED
BY SUCH DIRECTOR OR DEPUTY DIRECTOR FOR THE TEMPORARY DETENTION OF  SUCH
PERSON  UPON  THAT  OFFICIAL'S  DETERMINATION  THAT A PUBLIC SAFETY RISK
REQUIRES THAT THE PROBATIONER  BE  IMMEDIATELY  TAKEN  INTO  CUSTODY.  A
WARRANT  ISSUED PURSUANT TO THIS SUBDIVISION SHALL CONSTITUTE SUFFICIENT
AUTHORITY TO THE SUPERINTENDENT OR OTHER PERSON IN CHARGE OF  ANY  JAIL,
PENITENTIARY, LOCKUP OR DETENTION PEN TO WHOM IT IS DELIVERED TO HOLD IN
TEMPORARY  DETENTION  THE  PERSON  NAMED  THEREIN. DURING SUCH PERIOD OF
TEMPORARY DETENTION, A WARRANT ISSUED PURSUANT TO THIS SUBDIVISION SHALL
HAVE THE SAME EFFECT AS A WARRANT ISSUED BY A COURT PURSUANT TO SUBDIVI-
SION TWO OF SECTION 410.40 OF THIS ARTICLE.
  2. A PERSON TEMPORARILY DETAINED PURSUANT TO SUBDIVISION ONE  OF  THIS
SECTION SHALL BE BROUGHT BEFORE THE SENTENCING COURT WITHOUT UNNECESSARY
DELAY,  AND  IN  ANY  EVENT WITHIN FORTY-EIGHT HOURS, WHETHER OR NOT THE
COURT IS SCHEDULED TO BE IN SESSION. IF THE COURT HAS  REASONABLE  CAUSE
TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT
MAY  COMMIT  HIM  OR  HER  TO  THE CUSTODY OF THE SHERIFF OR FIX BAIL OR
RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEARANCE
AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS  ARTI-
CLE.    IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT SUCH
PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT THAT  HE
OR  SHE  BE  RELEASED.  THE  COURT SHALL CONSIDER ALL RELEVANT FACTS AND
CIRCUMSTANCES AND RENDER AN INDEPENDENT JUDGMENT IN  MAKING  A  DECISION
UNDER THIS SUBDIVISION AND SHALL NOT RELY ON THE DETERMINATION TO TEMPO-

S. 6255--A                         10                         A. 9055--A

RARILY DETAIN SUCH PERSON MADE BY THE DIRECTOR OR DEPUTY DIRECTOR OF THE
LOCAL PROBATION DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S 4.  The office of court administration shall make reasonable efforts
to  ensure that judges are available in each county to review the status
of persons taken into custody  pursuant  to  subdivision  4  of  section
410.50  of  the criminal procedure law in a timely manner and before the
director or deputy director of the local probation department  issues  a
warrant  pursuant  to  subdivision  1  of section 410.92 of the criminal
procedure law that such person be detained.
  S 5. This act shall take effect immediately and section  one  of  this
act shall apply to offenses committed on or after such effective date.

                                 PART E

  Section 1. The penal law is amended by adding a new article 62 to read
as follows:
                               ARTICLE 62
                           CRIMINAL FORFEITURE
SECTION 62.00 CRIMINAL FORFEITURE.
S 62.00 CRIMINAL FORFEITURE.
  1.  UPON APPLICATION OF THE PEOPLE, THE COURT, IN IMPOSING SENTENCE ON
A PERSON CONVICTED OF A CRIME DEFINED IN ANY CHAPTER OF THE LAWS OF  THE
STATE,  SHALL  ORDER THAT THE PERSON FORFEIT ANY PROCEEDS OF A CRIME AND
SUBSTITUTED PROCEEDS OF A CRIME, AS THOSE TERMS ARE DEFINED  IN  SECTION
425.00  OF  THE  CRIMINAL PROCEDURE LAW. UPON APPLICATION OF THE PEOPLE,
THE COURT, IN IMPOSING SENTENCE ON A PERSON CONVICTED OF A FELONY  CRIME
DEFINED  IN  ANY  CHAPTER OF THE LAWS OF THE STATE SHALL ALSO ORDER THAT
THE PERSON FORFEIT ANY PROPERTY, REAL OR PERSONAL, WHICH CONSTITUTES  AN
INSTRUMENTALITY  OF  A  FELONY  CRIME AS THAT TERM IS DEFINED IN SECTION
425.00 OF THE CRIMINAL PROCEDURE LAW.
  THE FORFEITURE ORDER SHALL DIVEST FROM THE DEFENDANT, AND AWARD TO THE
PEOPLE, ALL OF THE DEFENDANT'S INTEREST IN THE  PROPERTY  FORFEITED,  AS
DEFINED IN SECTION 425.00 OF THE CRIMINAL PROCEDURE LAW. WHERE THE COURT
IMPOSES  A  SENTENCE  OF  FORFEITURE  UPON  PROPERTY  THAT IS NOT IN THE
PEOPLE'S OR THE CLAIMING AGENT'S OR THE COURT'S CUSTODY AT THE  TIME  OF
THE IMPOSITION OF THAT SENTENCE, THE FORFEITURE ORDER MAY BE ENFORCED IN
THE SAME MANNER AS AUTHORIZED BY ARTICLE FIFTY-ONE OF THE CIVIL PRACTICE
LAW AND RULES BY ANY CLAIMING AGENT, AS DEFINED IN SUBDIVISION TWELVE OF
SECTION  1310  OF  THE  CIVIL  PRACTICE LAW AND RULES, EXCEPT THAT, UPON
APPLICATION OF THE PEOPLE, THE COURT MAY, AT IMPOSITION OF  A  SENTENCE,
ISSUE  OTHER  ORDERS TO OBTAIN POSSESSION OF PROPERTY ORDERED FORFEITED.
WHEN THE COURT IMPOSES A  SENTENCE  OF  FORFEITURE  UPON  PROPERTY,  THE
PEOPLE'S  INTEREST  IN  THE  FORFEITED PROPERTY VESTS AT THE TIME OF THE
OFFENSE THAT GAVE RISE TO THE FORFEITURE, UNLESS A  THIRD  PARTY  ESTAB-
LISHES THAT HE OR SHE WAS A BONA FIDE PURCHASER. UPON APPLICATION OF THE
PEOPLE,  THE  COURT, IN IMPOSING A SENTENCE UPON A PERSON, SHALL AWARD A
MONEY JUDGMENT TO THE PEOPLE AND AGAINST  THE  DEFENDANT  IN  AN  AMOUNT
EQUAL  TO  THE  VALUE  OF  THE  PROPERTY WHICH CONSTITUTES THE PROCEEDS,
SUBSTITUTED PROCEEDS, OR INSTRUMENTALITY OF  THE  CRIME  OR  CRIMES,  AS
DEFINED  IN SECTION 425.00 OF THE CRIMINAL PROCEDURE LAW, GIVING RISE TO
THE FORFEITURE. THE TOTAL AMOUNT THAT MAY BE  RECOVERED  BY  THE  PEOPLE
AGAINST A CRIMINAL DEFENDANT SHALL NOT EXCEED THE VALUE OF THE PROCEEDS,
OR  SUBSTITUTED  PROCEEDS  OF THE CRIME, WHICHEVER AMOUNT IS GREATER, IN
ADDITION TO THE VALUE OF ANY FORFEITED INSTRUMENTALITY.
  2. IN THE EVENT OF A PENDING CRIMINAL ACTION IN WHICH A DEFENDANT  HAS
ABSCONDED  FROM  THE  JURISDICTION  OF  THE  COURT,  THE COURT MAY ORDER

S. 6255--A                         11                         A. 9055--A

FORFEITURE OF ANY SEIZED  OR  RESTRAINED  PROPERTY,  REAL  OR  PERSONAL,
CONSTITUTING,  OR  DERIVED  FROM,  PROCEEDS  OF  A CRIME AND SUBSTITUTED
PROCEEDS OF A CRIME AS THOSE TERMS ARE DEFINED IN SECTION 425.00 OF  THE
CRIMINAL  PROCEDURE  LAW,  AS WELL AS ANY SEIZED OR RESTRAINED PROPERTY,
REAL OR PERSONAL, WHICH  CONSTITUTES  AN  INSTRUMENTALITY  OF  A  FELONY
CRIME,  AS THAT TERM IS DEFINED IN SECTION 425.00 OF THE CRIMINAL PROCE-
DURE LAW.  THE COURT MAY DISALLOW A PERSON FROM USING THE  RESOURCES  OF
THE  COURTS  OF  THE  STATE OF NEW YORK IN FURTHERANCE OF A CLAIM IN ANY
RELATED FORFEITURE ACTION OR A CLAIM IN THIRD PARTY PROCEEDINGS  IN  ANY
RELATED CRIMINAL FORFEITURE ACTION UPON A FINDING THAT SUCH PERSON:
  (A)  AFTER  NOTICE  OR KNOWLEDGE OF THE FACT THAT A WARRANT OR PROCESS
HAS BEEN ISSUED FOR HIS OR HER APPREHENSION, IN ORDER TO AVOID  CRIMINAL
PROSECUTION:
  (I) PURPOSELY LEAVES THE JURISDICTION OF THE STATE OF NEW YORK;
  (II)  DECLINES  TO ENTER OR REENTER THE STATE OF NEW YORK TO SUBMIT TO
ITS JURISDICTION;
  (III) OTHERWISE EVADES THE JURISDICTION OF THE COURT IN WHICH A CRIMI-
NAL CASE IS PENDING AGAINST THE PERSON; AND
  (B) IS NOT CONFINED OR HELD IN CUSTODY IN ANY OTHER  JURISDICTION  FOR
COMMISSION OF CRIMINAL CONDUCT IN THAT JURISDICTION.
  THIS  SUBDIVISION  MAY BE APPLIED TO A CLAIM FILED BY A CORPORATION IF
ANY MAJORITY SHAREHOLDER OR INDIVIDUAL FILING THE CLAIM ON BEHALF OF THE
CORPORATION IS A PERSON TO WHOM THIS SUBDIVISION APPLIES.
  3. ANY PROPERTY SUBJECT TO FORFEITURE UNDER THIS SECTION MAY BE SEIZED
BY LAW ENFORCEMENT, EX PARTE AND UNDER SEAL, UPON A SHOWING OF  PROBABLE
CAUSE TO BELIEVE THAT THE PROPERTY IS FORFEITABLE, EXCEPT THAT A SEIZURE
MAY BE MADE WITHOUT A WARRANT:
  (A) PURSUANT TO AN ORDER OF ATTACHMENT; OR
  (B) IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY IS SUBJECT
TO FORFEITURE; AND
  (I) THE SEIZURE IS MADE PURSUANT TO A LAWFUL ARREST OR SEARCH; OR
  (II)  ANOTHER EXCEPTION TO THE FOURTH AMENDMENT WARRANT REQUIREMENT OF
THE FEDERAL CONSTITUTION APPLIES.
  ANY MOTION FOR THE RETURN OF PROPERTY SEIZED UNDER THIS SECTION  SHALL
BE FILED IN THE COURT IN WHICH THE SEIZURE WARRANT WAS ISSUED.
  4.  OTHER  THAN AS PROVIDED IN THIS SECTION, THE PROCEEDINGS GOVERNING
FORFEITURE OF PROPERTY, INCLUDING ANY SEIZURE AND DISPOSAL OF THE  PROP-
ERTY  UNDER THIS ARTICLE, SHALL BE GOVERNED BY THE PROVISIONS OF SECTION
425.00 OF THE CRIMINAL PROCEDURE LAW.
  5. NOTHING IN  THIS  ARTICLE  SHALL  SUPERSEDE  LOCAL  LAWS  AFFECTING
FORFEITURE OR ANY SEIZURE OR FORFEITURE PROVISIONS OF THE TAX LAW.
  S  2.  Subdivisions  2 and 5 of section 1310 of the civil practice law
and rules, subdivisions 2 and 5 as added by chapter 669 of the  laws  of
1984  and  subdivision  4-a as added by chapter 655 of the laws of 1990,
are amended to read as follows:
  2. "Proceeds of a crime"  means  any  property  obtained  through  the
commission of a felony OR MISDEMEANOR crime defined in subdivisions five
and six [hereof] OF THIS SECTION, and includes any appreciation in value
of such property.
  5. "Post-conviction forfeiture crime" means any [felony] CRIME defined
in  [the penal law or] any [other] chapter of the [consolidated] laws of
the state.
  S 3. Paragraph (a) of subdivision 1 of section 1311 of the civil prac-
tice law and rules, as added by chapter 669 of  the  laws  of  1984,  is
amended to read as follows:

S. 6255--A                         12                         A. 9055--A

  (a)  Actions  relating to post-conviction forfeiture crimes. An action
relating to a post-conviction forfeiture crime must be grounded  upon  a
conviction  of  a  [felony] CRIME defined in subdivision five of section
one thousand three hundred ten of this article, or upon criminal  activ-
ity arising from a common scheme or plan of which such a conviction is a
part, or upon a count of an indictment or information OR IN SATISFACTION
OF AN APPROPRIATE ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF
SECTION  1.20  OF  THE  CRIMINAL PROCEDURE LAW alleging a [felony] CRIME
which was dismissed at the time of a plea  of  guilty  to  a  felony  OR
MISDEMEANOR in satisfaction of such count. A court may not grant forfei-
ture  until  such  conviction  has  occurred.  However, an action may be
commenced, and a court may grant a  provisional  remedy  provided  under
this article, prior to such conviction having occurred.  An action under
this  paragraph  must  be  dismissed at any time after sixty days of the
commencement of the action unless the conviction upon which  the  action
is  grounded has occurred, or an [indictment or information] APPROPRIATE
ACCUSATORY INSTRUMENT AS DEFINED IN SUBDIVISION ONE OF SECTION  1.20  OF
THE  CRIMINAL  PROCEDURE LAW upon which the asserted conviction is to be
based is pending in a superior OR LOCAL CRIMINAL court. An action  under
this  paragraph shall be stayed during the pendency of a criminal action
which is related to it; provided, however,  that  such  stay  shall  not
prevent  the  granting or continuance of any provisional remedy provided
under this article or any other provisions of law.
  S 4. Subdivision 6 of section 220.50 of the criminal procedure law, as
added by chapter 655 of the laws of 1990, is amended to read as follows:
  6. Where the defendant consents to a plea of guilty  to  [the  indict-
ment, or part of the indictment] AN APPROPRIATE ACCUSATORY INSTRUMENT AS
DEFINED  IN SUBDIVISION ONE OF SECTION 1.20 OF THIS CHAPTER, or consents
to be prosecuted by superior court information as set forth  in  section
195.20  of  this chapter, and if the defendant and prosecutor agree that
as a condition of the plea or the  superior  court  information  certain
property  shall be forfeited by the defendant, the description and pres-
ent estimated monetary value of the property shall be stated in court by
the prosecutor at the time of [plea] DISPOSITION.  Within thirty days of
the acceptance of the plea or superior court information by  the  court,
the  prosecutor shall send to the commissioner of the division of crimi-
nal justice services a document containing the name  of  the  defendant,
the  description  and  present estimated monetary value of the property,
and the date the plea [or superior court information] was accepted.  Any
property  forfeited  by the defendant as a condition to a plea of guilty
to an [indictment]  APPROPRIATE  ACCUSATORY  INSTRUMENT  AS  DEFINED  IN
SUBDIVISION  ONE  OF SECTION 1.20 OF THIS CHAPTER, or a part thereof, or
to a superior court information, shall be disposed of in accordance with
the provisions of section thirteen hundred forty-nine of the civil prac-
tice law and rules.
  S 5. The criminal procedure law is amended by adding a new article 425
to read as follows:
                               ARTICLE 425
                        CRIMINAL ASSET FORFEITURE
425.00 DEFINITIONS
425.05 NOTICE TO THE DEFENDANT
425.10 FORFEITURE PROCEDURE AND DETERMINATIONS
425.15 FORFEITURE ORDER
425.20 THIRD-PARTY RIGHTS
425.25 STAY PENDING APPEAL
425.30 SEIZED AND FORFEITED PROPERTY

S. 6255--A                         13                         A. 9055--A

425.35 ATTORNEY'S PAYMENTS
425.40 PRESERVATION OF OTHER RIGHTS AND REMEDIES
425.45 PROPERTY SEIZED BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT
S 425.00 DEFINITIONS.
  1.  "PROPERTY"  MEANS REAL PROPERTY, PERSONAL PROPERTY, MONEY, NEGOTI-
ABLE INSTRUMENTS, SECURITIES, OR ANYTHING OF VALUE OR ANY INTEREST IN  A
THING OF VALUE.
  2.  "PROCEEDS  OF  A  CRIME"  MEANS  ANY PROPERTY OBTAINED THROUGH THE
COMMISSION OF A CRIME DEFINED IN ANY CHAPTER OF THE LAWS OF  THE  STATE,
AND INCLUDES ANY APPRECIATION IN VALUE OF SUCH PROPERTY.
  3.  "SUBSTITUTED  PROCEEDS  OF A CRIME" MEANS ANY PROPERTY OBTAINED BY
THE SALE OR EXCHANGE OF PROCEEDS OF A CRIME, AND ANY  GAIN  REALIZED  BY
SUCH SALE OR EXCHANGE.
  4.  AS  USED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, "PROCEEDS"
AND "SUBSTITUTED PROCEEDS" REFER TO GROSS RECEIPTS, NOT PROFITS.
  5. "INSTRUMENTALITY OF A FELONY CRIME" MEANS AND INCLUDES ANY PROPERTY
WHOSE USE CONTRIBUTES DIRECTLY AND MATERIALLY TO  THE  COMMISSION  OF  A
FELONY CRIME DEFINED IN ANY CHAPTER OF THE LAWS OF THE STATE.
  6.  "SPECIFIC PROPERTY" MEANS ALL PROPERTY SUBJECT TO FORFEITURE OTHER
THAN THAT PROPERTY WHOSE SEIZURE AND FORFEITURE WOULD  REQUIRE  A  MONEY
JUDGMENT IN FAVOR OF THE PEOPLE.
  7.  "REAL  PROPERTY  INSTRUMENTALITY  OF A CRIME" MEANS AN INTEREST IN
REAL PROPERTY THE USE OF WHICH CONTRIBUTES DIRECTLY  AND  MATERIALLY  TO
THE  COMMISSION  OF ANY FELONY DEFINED IN ANY CHAPTER OF THE LAWS OF THE
STATE.
S 425.05 NOTICE TO THE DEFENDANT.
  A COURT MUST NOT ENTER A JUDGMENT OF FORFEITURE IN A CRIMINAL PROCEED-
ING UNLESS THE PEOPLE PROVIDE WRITTEN NOTICE OF THEIR INTENTION TO  SEEK
THE  FORFEITURE  OF  PROPERTY AS PART OF ANY SENTENCE IN ACCORDANCE WITH
THE APPLICABLE STATUTE. THE NOTICE SHALL BE SERVED  UPON  THE  DEFENDANT
WITHIN FIFTEEN DAYS AFTER ARRAIGNMENT AND BEFORE TRIAL.  THE NOTICE NEED
NOT IDENTIFY THE PROPERTY SUBJECT TO FORFEITURE OR SPECIFY THE AMOUNT OF
ANY  FORFEITURE  MONEY  JUDGMENT  THAT THE PEOPLE SEEK. WHERE THE PEOPLE
SEEK THE FORFEITURE OF SPECIFIC PROPERTY,  EXCLUDING  A  PERSONAL  MONEY
JUDGMENT,  IN  ADDITION  TO  NOTICE  OF  THEIR GENERAL INTENTION TO SEEK
FORFEITURE, THEY SHALL SERVE A FORFEITURE BILL  OF  PARTICULARS  ON  THE
DEFENDANT  NO  LATER THAN NINETY DAYS AFTER THE ARRAIGNMENT. THE FORFEI-
TURE BILL OF PARTICULARS SHALL STATE THE PROPERTY THAT THE  PEOPLE  SEEK
TO FORFEIT AND THE GENERAL THEORY UNDER WHICH THE PEOPLE SEEK TO FORFEIT
THAT  PROPERTY. THE TIMING REQUIREMENTS UNDER THIS SECTION MAY BE WAIVED
BY THE COURT FOR GOOD CAUSE SHOWN, INCLUDING WHERE THE  PEOPLE  DISCOVER
OR IDENTIFY FORFEITABLE PROPERTY AFTER THE NOTICE PERIODS HAVE ELAPSED.
S 425.10 FORFEITURE PROCEDURE AND DETERMINATIONS.
  1.  BURDEN  OF  PROOF.  IN A FORFEITURE ACTION UNDER THIS ARTICLE, THE
BURDEN SHALL BE UPON THE PEOPLE TO  PROVE  BY  A  PREPONDERANCE  OF  THE
EVIDENCE THE FACTS NECESSARY TO ESTABLISH A CLAIM FOR FORFEITURE.
  2.  EVIDENCE  AND  HEARING.  THE  FORFEITURE  DETERMINATION IS PART OF
SENTENCING, AND THE COURT'S  DETERMINATION  MAY  BE  BASED  ON  EVIDENCE
ALREADY  IN THE RECORD, INCLUDING ANY FACTS CONTAINED IN ANY PLEA AGREE-
MENT, AND ON ANY ADDITIONAL EVIDENCE OR  INFORMATION  SUBMITTED  BY  THE
PARTIES  AND ACCEPTED BY THE COURT AS RELEVANT AND RELIABLE. UPON APPLI-
CATION OF EITHER PARTY, THE COURT MUST CONDUCT A HEARING  IN  ACCORDANCE
WITH  THE PROVISIONS OF SUBDIVISION FOUR OF SECTION 710.60 OF THE CRIMI-
NAL PROCEDURE LAW AFTER THE CONVICTION.
  3. NON-JURY CASES. AS SOON AS PRACTICABLE AFTER A VERDICT OF GUILTY OF
A CHARGE SUBJECTING PROPERTY TO FORFEITURE,  THE  COURT  MUST  DETERMINE

S. 6255--A                         14                         A. 9055--A

WHAT  PROPERTY  IS  SUBJECT TO FORFEITURE UNDER THIS ARTICLE AND ARTICLE
SIXTY-TWO OF THE PENAL LAW. THE COURT MUST DETERMINE WHETHER THE  PEOPLE
HAVE PROVEN BY A PREPONDERANCE OF THE EVIDENCE THAT THE SPECIFIC PROPER-
TY  IS  THE  PROCEEDS  OF  CRIME, SUBSTITUTED PROCEEDS OF A CRIME, OR AN
INSTRUMENTALITY OF A FELONY CRIME, AS APPLICABLE, OR, WHERE  THE  PEOPLE
SEEK  A  PERSONAL MONEY JUDGMENT, THE COURT MUST DETERMINE THE AMOUNT OF
THE MONEY JUDGMENT.
  4. JURY CASES. IN ANY CASE TRIED BEFORE A JURY,  IF  THE  PEOPLE  HAVE
SERVED NOTICE OF THEIR INTENTION TO FORFEIT SPECIFIC PROPERTY, THE COURT
MUST  DETERMINE BEFORE THE JURY BEGINS DELIBERATING WHETHER EITHER PARTY
REQUESTS THAT THE JURY BE RETAINED TO DETERMINE  THE  FORFEITABILITY  OF
SPECIFIC PROPERTY SHOULD THE JURY RETURN A VERDICT OF GUILTY TO A CHARGE
SUBJECTING  PROPERTY  TO  FORFEITURE. IF EITHER PARTY TIMELY REQUESTS TO
HAVE THE JURY DETERMINE FORFEITURE, THE PEOPLE MUST  SUBMIT  A  PROPOSED
SPECIAL VERDICT FORM LISTING THE SPECIFIC PROPERTY SUBJECT TO FORFEITURE
AND  ASKING  THE  JURY  TO DETERMINE WHETHER THE PEOPLE HAVE PROVEN BY A
PREPONDERANCE OF THE EVIDENCE THAT THE SPECIFIC PROPERTY IS PROCEEDS  OF
CRIME, SUBSTITUTED PROCEEDS OF A CRIME, OR AN INSTRUMENTALITY OF A FELO-
NY  CRIME,  AS APPLICABLE. THE DETERMINATION OF THE AMOUNT OF A PERSONAL
MONEY JUDGMENT SHALL BE MADE ONLY BY THE COURT AND  IN  ACCORDANCE  WITH
SUBDIVISION THREE OF THIS SECTION.
S 425.15 FORFEITURE ORDER.
  1. CONTENTS OF A SPECIFIC ORDER. IF THE COURT OR JURY FINDS THAT PROP-
ERTY IS SUBJECT TO FORFEITURE, THE COURT MUST PROMPTLY ENTER AN ORDER OF
FORFEITURE  SETTING FORTH THE AMOUNT OF ANY MONEY JUDGMENT AND DIRECTING
THE FORFEITURE OF SPECIFIC PROPERTY. THE  COURT  MUST  ENTER  THE  ORDER
WITHOUT REGARD TO ANY THIRD PARTY'S INTEREST IN THE PROPERTY.  DETERMIN-
ING  WHETHER  A  THIRD PARTY HAS SUCH AN INTEREST MUST BE DEFERRED UNTIL
ANY THIRD PARTY FILES A CLAIM UNDER THE PROVISIONS OF  THIS  ARTICLE  OR
ARTICLE  SIXTY-TWO  OF  THE PENAL LAW. THE FORFEITURE ORDER IS PART OF A
DEFENDANT'S SENTENCE. EVEN WHERE A DEFENDANT HAS AGREED TO FORFEITURE OF
CERTAIN PROPERTY, THE COURT STILL MUST ISSUE A FORFEITURE ORDER.
  2. SENTENCE AND JUDGMENT. AT SENTENCING  --  OR  AT  ANY  TIME  BEFORE
SENTENCING  IF  THE  DEFENDANT  CONSENTS -- THE FORFEITURE ORDER BECOMES
FINAL AS TO THE DEFENDANT. IF THE ORDER DIRECTS THE DEFENDANT TO FORFEIT
SPECIFIC PROPERTY, THEN  THE  ORDER  REMAINS  PRELIMINARY  AS  TO  THIRD
PARTIES  UNTIL  ANY ANCILLARY PROCEEDING IS CONCLUDED UNDER THIS SECTION
IF A THIRD PARTY TIMELY FILES A CLAIM, AS SET FORTH IN  SECTIONS  425.20
AND 425.25 OF THIS ARTICLE. IF NO THIRD PARTY TIMELY FILES A CLAIM UNDER
THIS SECTION, THE FORFEITURE ORDER BECOMES FINAL AS TO ALL PARTIES.
S 425.20 THIRD-PARTY RIGHTS.
  1. AN INNOCENT INTEREST IN PROPERTY SHALL NOT BE FORFEITED UNDER ARTI-
CLE  SIXTY-TWO  OF  THE PENAL LAW. THE CLAIMANT SHALL HAVE THE BURDEN OF
PROVING THAT THE CLAIMANT IS AN INNOCENT OWNER BY A PREPONDERANCE OF THE
EVIDENCE. ANY PERSON CLAIMING AN INTEREST IN PROPERTY SUBJECT TO FORFEI-
TURE MAY INSTITUTE A SPECIAL PROCEEDING IN THE COURT  BEFORE  WHICH  THE
CRIMINAL  CASE  IS  PENDING TO DETERMINE THAT CLAIM, BEFORE OR AFTER THE
TRIAL, PURSUANT TO SECTION 1327 OF THE CIVIL  PRACTICE  LAW  AND  RULES;
PROVIDED,  HOWEVER,  THAT IF SUCH SPECIAL PROCEEDING IS INITIATED BEFORE
TRIAL, IT MAY, UPON WRITTEN MOTION OF THE PROSECUTOR, AND IN THE COURT'S
DISCRETION, BE POSTPONED BY THE COURT UNTIL COMPLETION OF THE TRIAL.  IN
ADDITION, ANY PERSON CLAIMING AN INTEREST IN PROPERTY SUBJECT TO FORFEI-
TURE  MAY PETITION THE COURT PURSUANT TO SECTION 1311 OF THE CIVIL PRAC-
TICE LAW AND RULES.
  2. WITH RESPECT TO A PROPERTY INTEREST IN EXISTENCE AT  THE  TIME  THE
ILLEGAL CONDUCT GIVING RISE TO FORFEITURE TOOK PLACE, THE TERM "INNOCENT

S. 6255--A                         15                         A. 9055--A

OWNER"  MEANS  AN  OWNER  WHO DID NOT KNOW OF THE CONDUCT GIVING RISE TO
FORFEITURE; OR UPON LEARNING OF THE CONDUCT GIVING RISE TO  THE  FORFEI-
TURE,  DID ALL THAT REASONABLY COULD BE EXPECTED UNDER THE CIRCUMSTANCES
TO TERMINATE SUCH CRIMINAL USE OF THE PROPERTY.
  3.  FOR  THE PURPOSES OF THIS SECTION, WAYS IN WHICH A PERSON MAY SHOW
THAT HE DID ALL THAT REASONABLY COULD  BE  EXPECTED  UNDER  THE  CIRCUM-
STANCES  TO  TERMINATE  THE  CRIMINAL USE OF PROPERTY MAY INCLUDE DEMON-
STRATING THAT HE, TO THE EXTENT PERMITTED BY LAW:
  A. GAVE TIMELY NOTICE TO A LAW ENFORCEMENT AGENCY OF INFORMATION  THAT
LED  HIM  TO KNOW THE CONDUCT GIVING RISE TO A FORFEITURE WOULD OCCUR OR
HAS OCCURRED; OR
  B. IN A TIMELY FASHION, REVOKED OR MADE A GOOD FAITH ATTEMPT TO REVOKE
PERMISSION FOR THOSE ENGAGING IN SUCH CONDUCT TO USE THE PROPERTY; OR
  C. TOOK REASONABLE ACTIONS IN  CONSULTATION  WITH  A  LAW  ENFORCEMENT
AGENCY TO DISCOURAGE OR PREVENT THE ILLEGAL USE OF THE PROPERTY.
  A PERSON IS NOT REQUIRED BY THIS SECTION TO TAKE STEPS THAT THE PERSON
REASONABLY  BELIEVES  WOULD  BE LIKELY TO SUBJECT ANY PERSON, OTHER THAN
THE PERSON WHOSE CONDUCT  GAVE  RISE  TO  THE  FORFEITURE,  TO  PHYSICAL
DANGER.
  4.  WITH  RESPECT  TO  A  PROPERTY INTEREST ACQUIRED AFTER THE CONDUCT
GIVING RISE TO THE FORFEITURE HAS TAKEN PLACE, THE TERM "INNOCENT OWNER"
MEANS A PERSON WHO, AT THE TIME THAT PERSON ACQUIRED THE INTEREST IN THE
PROPERTY WAS A BONA FIDE PURCHASER OR  SELLER  FOR  VALUE,  INCLUDING  A
PURCHASER OR SELLER OF GOODS OR SERVICES FOR VALUE, DID NOT KNOW AND WAS
REASONABLY  WITHOUT  CAUSE  TO  BELIEVE THAT THE PROPERTY WAS SUBJECT TO
FORFEITURE.
  AN OTHERWISE VALID CLAIM UNDER THIS SECTION SHALL NOT BE DENIED ON THE
GROUND THAT THE CLAIMANT GAVE NOTHING OF VALUE IN EXCHANGE FOR THE PROP-
ERTY IF:
  A. THE PROPERTY IS THE PRIMARY RESIDENCE OF THE CLAIMANT; OR
  B. DEPRIVING THE CLAIMANT OF THE PROPERTY WOULD DEPRIVE  THE  CLAIMANT
OF  THE  MEANS  TO  MAINTAIN REASONABLE SHELTER IN THE COMMUNITY FOR THE
CLAIMANT AND ALL DEPENDENTS RESIDING WITH THE CLAIMANT; OR
  C. THE PROPERTY IS NOT, AND IS NOT TRACEABLE TO, THE PROCEEDS  OF  ANY
CRIMINAL OFFENSE; OR
  D.  THE  CLAIMANT ACQUIRED HIS OR HER INTEREST IN THE PROPERTY THROUGH
MARRIAGE, DIVORCE, OR LEGAL SEPARATION; OR
  E. THE CLAIMANT WAS THE SPOUSE OR LEGAL DEPENDENT OF  A  PERSON  WHOSE
DEATH  RESULTED  IN THE TRANSFER OF THE PROPERTY TO THE CLAIMANT THROUGH
INHERITANCE OR PROBATE.
  PROVIDED, HOWEVER, THAT THE COURT SHALL LIMIT THE VALUE  OF  ANY  REAL
PROPERTY  INTEREST FOR WHICH INNOCENT OWNERSHIP IS RECOGNIZED UNDER THIS
SUBDIVISION TO THE VALUE NECESSARY TO MAINTAIN REASONABLE SHELTER IN THE
COMMUNITY FOR SUCH CLAIMANT AND ALL DEPENDENTS RESIDING WITH THE  CLAIM-
ANT.
  5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, NO PERSON MAY ASSERT
AN OWNERSHIP INTEREST UNDER THIS SECTION IN CONTRABAND OR OTHER PROPERTY
THAT IT IS ILLEGAL TO POSSESS.
  6.  IF  THE COURT DETERMINES, IN ACCORDANCE WITH THIS SECTION, THAT AN
INNOCENT OWNER HAS A PARTIAL INTEREST IN PROPERTY OTHERWISE  SUBJECT  TO
FORFEITURE,  OR A JOINT TENANCY OR TENANCY BY THE ENTIRETY IN SUCH PROP-
ERTY, THE COURT MAY ENTER AN APPROPRIATE ORDER  SEVERING  THE  PROPERTY;
TRANSFERRING THE PROPERTY TO THE PEOPLE WITH A PROVISION THAT THE PEOPLE
COMPENSATE  THE    INNOCENT  OWNER TO THE EXTENT OF HIS OR HER OWNERSHIP
INTEREST ONCE A FINAL ORDER OF FORFEITURE HAS BEEN ENTERED AND THE PROP-
ERTY HAS BEEN REDUCED TO LIQUID ASSETS; OR PERMITTING THE INNOCENT OWNER

S. 6255--A                         16                         A. 9055--A

TO RETAIN THE PROPERTY SUBJECT TO A LIEN IN FAVOR OF THE PEOPLE  TO  THE
EXTENT OF THE FORFEITABLE INTEREST IN THE PROPERTY.
  7.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "OWNER" MEANS A PERSON
WITH AN OWNERSHIP  INTEREST  IN  THE  SPECIFIC  PROPERTY  SOUGHT  TO  BE
FORFEITED,  INCLUDING,  BUT NOT LIMITED TO, A LEASEHOLD, LIEN, MORTGAGE,
RECORDED SECURITY INTEREST, OR VALID ASSIGNMENT OF AN  OWNERSHIP  INTER-
EST. IT DOES NOT INCLUDE A PERSON WITH ONLY A GENERAL UNSECURED INTEREST
IN, OR CLAIM AGAINST, THE PROPERTY OR ESTATE OF ANOTHER; A BAILEE UNLESS
THE  BAILOR  IS  IDENTIFIED  AND THE BAILEE SHOWS A COLORABLE LEGITIMATE
INTEREST IN THE PROPERTY SEIZED; OR A NOMINEE WHO EXERCISES NO  DOMINION
OR CONTROL OVER THE PROPERTY.
  8.  THIRD-PARTY  TRANSFERS. ALL RIGHT, TITLE, AND INTEREST IN PROPERTY
DESCRIBED IN THIS SECTION VESTS IN THE PEOPLE UPON THE COMMISSION OF THE
ACT GIVING RISE TO FORFEITURE UNDER THIS SECTION. ANY SUCH PROPERTY THAT
IS SUBSEQUENTLY TRANSFERRED TO A PERSON OTHER THAN THE DEFENDANT MAY  BE
THE  SUBJECT  OF A SPECIAL VERDICT OF FORFEITURE AND THEREAFTER SHALL BE
ORDERED FORFEITED, UNLESS THE TRANSFEREE ESTABLISHES IN A HEARING PURSU-
ANT TO THIS SECTION THAT HE IS A BONA FIDE PURCHASER FOR VALUE  OF  SUCH
PROPERTY  WHO  AT  THE  TIME OF PURCHASE WAS REASONABLY WITHOUT CAUSE TO
BELIEVE THAT THE PROPERTY WAS SUBJECT TO FORFEITURE UNDER THIS SECTION.
S 425.25 STAY PENDING APPEAL.
  IF A DEFENDANT APPEALS FROM A CONVICTION OR AN  ORDER  OF  FORFEITURE,
THE  COURT  MAY  STAY  THE  ORDER  OF FORFEITURE ON TERMS APPROPRIATE TO
ENSURE THAT THE PROPERTY REMAINS AVAILABLE PENDING APPELLATE  REVIEW.  A
STAY  DOES  NOT DELAY THE ANCILLARY PROCEEDING OR THE DETERMINATION OF A
THIRD PARTY'S RIGHTS OR INTERESTS. IF THE COURT RULES IN  FAVOR  OF  ANY
THIRD PARTY WHILE AN APPEAL IS PENDING, THE COURT MAY AMEND THE ORDER OF
FORFEITURE  BUT MUST NOT TRANSFER ANY PROPERTY INTEREST TO A THIRD PARTY
UNTIL THE  DECISION  ON  APPEAL  BECOMES  FINAL,  UNLESS  THE  DEFENDANT
CONSENTS IN WRITING OR ON THE RECORD.
S 425.30 SEIZED AND FORFEITED PROPERTY.
  1.  SEIZING PROPERTY. THE ENTRY OF AN ORDER OF FORFEITURE AUTHORIZES A
PROSECUTOR OR A DESIGNEE TO  SEIZE  THE  SPECIFIC  PROPERTY  SUBJECT  TO
FORFEITURE  AND  TO  COMMENCE  PROCEEDINGS THAT COMPLY WITH ANY STATUTES
GOVERNING THIRD-PARTY RIGHTS. THE COURT MAY  INCLUDE  IN  THE  ORDER  OF
THOSE FORFEITURE CONDITIONS REASONABLY NECESSARY TO PRESERVE THE PROPER-
TY'S VALUE PENDING ANY APPEAL.
  2.  DISTRIBUTION  AND  PRESUMPTIONS.  THE DISTRIBUTION OF ANY PROPERTY
FORFEITED UNDER THIS ARTICLE AND ANY REBUTTABLE  PRESUMPTIONS  SHALL  BE
TREATED  IN  THE  SAME  MANNER  AS  A  FORFEITURE  BROUGHT  UNDER BY THE
PROVISIONS OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES.
  3. REAL PROPERTY SEIZURES. AT NO TIME  UNDER  ANY  PROVISION  OF  THIS
SECTION  OR  ARTICLE  SIXTY-TWO  OF  THE  PENAL LAW MAY REAL PROPERTY BE
SEIZED PRIOR TO THE ENTRY OF A FORFEITURE ORDER THAT ORDERS THE  FORFEI-
TURE OF THAT REAL PROPERTY.
S 425.35 ATTORNEY'S PAYMENTS.
  1.  PROPERTY  ACQUIRED IN GOOD FAITH BY AN ATTORNEY AS PAYMENT FOR THE
REASONABLE AND BONA FIDE FEES OF LEGAL SERVICES OR AS REIMBURSEMENT  FOR
REASONABLE  AND  BONA  FIDE  EXPENSES RELATED TO THE REPRESENTATION OF A
DEFENDANT IN CONNECTION WITH A CIVIL OR CRIMINAL  FORFEITURE  PROCEEDING
OR A RELATED CRIMINAL MATTER, SHALL BE EXEMPT FROM A JUDGMENT OF FORFEI-
TURE.  HOWEVER, PROPERTY SEIZED OR RESTRAINED UNDER ARTICLE SIXTY-TWO OF
THE PENAL LAW MAY NOT BE RELEASED FOR THE PAYMENT OF ATTORNEY'S FEES.
S 425.40 PRESERVATION OF OTHER RIGHTS AND REMEDIES.
  THE REMEDIES PROVIDED FOR IN THIS ARTICLE ARE NOT INTENDED TO  SUBSTI-
TUTE FOR, LIMIT, OR SUPERSEDE THE LAWFUL AUTHORITY OF ANY PUBLIC OFFICER

S. 6255--A                         17                         A. 9055--A

OR  AGENCY OR OTHER PERSON TO ENFORCE ANY OTHER RIGHT OR REMEDY PROVIDED
FOR BY LAW.
S 425.45 PROPERTY SEIZED BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT.
  1. WHERE PROPERTY IS SEIZED PURSUANT TO ARTICLE SIXTY-TWO OF THE PENAL
LAW  BEFORE  THE  FILING OF A CHARGING INSTRUMENT, THE PEOPLE SHALL, NOT
LATER THAN NINETY DAYS AFTER A CLAIM HAS BEEN  FILED,  EITHER  OBTAIN  A
PROVISIONAL  REMEDY PURSUANT TO ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE
LAW AND RULES THAT JUSTIFIES THE CONTINUED RETENTION OF THE PROPERTY  OR
SHALL  FILE  A  CHARGING  INSTRUMENT  THAT  GIVES NOTICE OF THE PEOPLE'S
INTENTION TO FORFEIT THAT PROPERTY AS SET FORTH  IN  SECTION  425.05  OF
THIS ARTICLE, EXCEPT THAT THE COURT MAY EXTEND THE NINETY-DAY PERIOD FOR
GOOD CAUSE SHOWN OR UPON AGREEMENT OF THE PARTIES. IF THE PEOPLE FAIL TO
COMPLY  WITH  THE  PROVISIONS OF THIS SECTION, THE COURT SHALL ORDER THE
RELEASE OF THE PROPERTY.
  2. WITHIN TEN BUSINESS DAYS OF SEIZING PROPERTY, THE PEOPLE SHALL SEND
NOTICE TO ANY PERSON KNOWN TO HAVE ALLEGED AN INTEREST IN  THE  PROPERTY
THAT  IS  THE  SUBJECT  OF  THE ORDER OF FORFEITURE ADVISING THEM OF THE
SEIZURE, THE SPECIFIC PROPERTY SEIZED, AND  THE  APPROPRIATE  GOVERNMENT
LAWYER  AND  COURT  THAT SAID INDIVIDUAL HAS A RIGHT TO A PROMPT HEARING
FOR A RETURN OF THE PROPERTY.
  3. SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY IF THE COURT  FINDS
THAT THE SEIZED PROPERTY:
  A. IS CONTRABAND; IS TO BE USED AS EVIDENCE OF A VIOLATION OF THE LAW;
  B.  IS  PARTICULARLY SUITED FOR USE IN ILLEGAL ACTIVITIES BY REASON OF
DESIGN OR OTHER CHARACTERISTIC;
  C. IS LIKELY TO BE USED TO COMMIT ADDITIONAL CRIMINAL ACTS IF RETURNED
TO THE CLAIMANT; OR
  D. IS LIKELY TO BE USED TO COMMIT ADDITIONAL CRIMINAL ACTS IF RETURNED
TO THE CLAIMANT.
  S 6. Paragraphs (e), (f), (g) and (h) of subdivision 2 and subdivision
3 of section 1349 of the civil practice law and rules,  paragraphs  (e),
(f)  and  (h) of subdivision 2 and subdivision 3 as added by chapter 655
of the laws of 1990 and paragraph (g) of subdivision  2  as  amended  by
chapter 398 of the laws of 2004, are amended to read as follows:
  (e) [In addition to amounts, if any, distributed pursuant to paragraph
(d)  of this subdivision, fifteen percent of all moneys realized through
forfeiture to the claiming authority in satisfaction of actual costs and
expenses incurred in the investigation, preparation  and  litigation  of
the  forfeiture action, including that proportion of the salaries of the
attorneys, clerical and investigative personnel  devoted  thereto,  plus
all  costs  and disbursements taxable under the provisions of this chap-
ter;
  (f) In addition to amounts, if any, distributed pursuant to  paragraph
(d)  of  this  subdivision,  five percent of all moneys realized through
forfeiture to  the  claiming  agent  in  satisfaction  of  actual  costs
incurred for protecting, maintaining and forfeiting the property includ-
ing  that proportion of the salaries of attorneys, clerical and investi-
gative personnel devoted thereto;
  (g) Forty percent of all moneys realized through forfeiture which  are
remaining  after distributions pursuant to paragraphs (a) through (f) of
this subdivision, to the chemical dependence  service  fund  established
pursuant to section ninety-seven-w of the state finance law;
  (h)  All  moneys  remaining after distributions pursuant to paragraphs
(a) through (g) of this subdivision shall be distributed as follows:
  (i) seventy-five percent of such moneys shall be deposited  to  a  law
enforcement  purposes  subaccount of the general fund of the state where

S. 6255--A                         18                         A. 9055--A

the claiming agent is an agency of the state or the  political  subdivi-
sion  or  public  authority of which the claiming agent is a part, to be
used for law enforcement use in the investigation of penal law offenses;
  (ii)  the remaining twenty-five percent of such moneys shall be depos-
ited to a prosecution services subaccount of the  general  fund  of  the
state  where the claiming authority is the attorney general or the poli-
tical subdivision of which the claiming authority is a part, to be  used
for the prosecution of penal law offenses.
  Where  multiple claiming agents participated in the forfeiture action,
funds available pursuant to subparagraph (i) of this paragraph shall  be
disbursed  to  the  appropriate  law enforcement purposes subaccounts in
accordance with the terms of a written agreement reflecting the  partic-
ipation  of each claiming agent entered into by the participating claim-
ing agents.] ANY AMOUNTS THAT ARE REMAINING AFTER DISTRIBUTIONS PURSUANT
TO PARAGRAPH (D) OF THIS SUBDIVISION SHALL BE  DISTRIBUTED  AS  FOLLOWS:
THIRTY-FIVE  PERCENT  TO  THE  CLAIMING  AUTHORITY; FORTY PERCENT TO THE
CLAIMING AGENT; AND TWENTY-FIVE PERCENT TO THE STATE, TO BE DEPOSITED IN
THE GENERAL FUND.  WHERE MULTIPLE CLAIMING AGENTS  PARTICIPATED  IN  THE
FORFEITURE  ACTION, THE CLAIMING AUTHORITY MAY DISBURSE THE FUNDS EQUIT-
ABLY AMONG ALL INVOLVED LAW ENFORCEMENT AGENCIES OR INVESTIGATORS.
  3. All moneys distributed to  the  claiming  agent  and  the  claiming
authority  pursuant  to  paragraph  [(h)] (E) of subdivision two of this
section shall be used to enhance law  enforcement  efforts  and  not  in
supplantation  of ordinary budgetary costs including salaries of person-
nel, and expenses of the claiming authority or claiming agent during the
fiscal year in which this section takes effect.
  S 7. Subdivision 3 of section 450.10 of the criminal procedure law  is
amended to read as follows:
  3. A sentence including an order of criminal forfeiture entered pursu-
ant  to  EITHER  section  460.30  OR SECTION 62.00 of the penal law with
respect to such forfeiture order.
  S 8. This act shall take effect immediately.

                                 PART F

  Section 1. Section 2 of part H of chapter 503  of  the  laws  of  2009
relating  to  the  disposition  of  monies  recovered by county district
attorneys before the filing of an accusatory instrument, as  amended  by
section  1  of  part  B of chapter 57 of the laws of 2011, is amended to
read as follows:
  S 2. This act shall take effect immediately and shall remain  in  full
force  and  effect until March 31, [2012] 2013, when it shall expire and
be deemed repealed.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2012.

                                 PART G

  Section 1. Subdivision 2 of section 20 of the executive law is amended
by adding a new paragraph i to read as follows:
  I.  "INCIDENT MANAGEMENT TEAM" MEANS A STATE CERTIFIED TEAM OF TRAINED
PERSONNEL  FROM  DIFFERENT  DEPARTMENTS,  ORGANIZATIONS,  AGENCIES,  AND
JURISDICTIONS  WITHIN  THE STATE, OR A REGION OF THE STATE, ACTIVATED TO
SUPPORT AND MANAGE MAJOR AND/OR COMPLEX INCIDENTS  REQUIRING  A  SIGNIF-
ICANT NUMBER OF LOCAL, REGIONAL, AND STATE RESOURCES.

S. 6255--A                         19                         A. 9055--A

  S  2.  Subdivision 1 of section 21 of the executive law, as amended by
section 93 of subpart B of part C of chapter 62 of the laws of 2011,  is
amended to read as follows:
  1.  There  is  hereby  created  in the executive department a disaster
preparedness commission consisting of the commissioners  of  transporta-
tion,  health, division of criminal justice services, education, [social
services,] economic development, agriculture and  markets,  housing  and
community  renewal, general services, labor, environmental conservation,
mental health, parks, recreation and historic preservation,  corrections
and  community supervision [and], children and family services, HOMELAND
SECURITY AND EMERGENCY SERVICES, AND PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES, the president of the New York state energy research  and  develop-
ment  authority,  the superintendents of state police, [insurance, bank-
ing,] FINANCIAL  SERVICES,  the  secretary  of  state,  the  state  fire
administrator,  the chair of the public service commission, the adjutant
general, [the directors of the offices within the division  of  homeland
security  and  emergency  services,]  the office for technology, and the
office of victim services, the chairs  of  the  thruway  authority,  the
metropolitan  transportation  authority,  the port authority of New York
and New Jersey, the chief professional officer of the state coordinating
chapter of the American Red Cross and three additional  members,  to  be
appointed  by  the governor, two of whom shall be chief executives. Each
member agency may designate an EXECUTIVE LEVEL officer of  that  agency,
with responsibility for disaster preparedness matters, who may represent
that agency on the commission. The commissioner of the division of home-
land security and emergency services shall serve as chair of the commis-
sion, and the governor shall designate the vice chair of the commission.
The  members of the commission, except those who serve ex officio, shall
be allowed their actual and necessary expenses incurred in the  perform-
ance  of their duties under this article but shall receive no additional
compensation for services rendered pursuant to this article.
  S 3.  Paragraph f of subdivision 3 of section 21 of the executive law,
as amended by section 2 of part B of chapter 56 of the laws of 2010,  is
amended to read as follows:
  f.  (1) unless it deems it unnecessary, create, following the declara-
tion of a state disaster emergency,  a  temporary  organization  in  the
disaster  area  to  provide  for integration and coordination of efforts
among  the  various  federal,  state,  municipal  and  private  agencies
involved.  The  commission, upon a finding that a municipality is unable
to manage local disaster operations,  may,  with  the  approval  of  the
governor,  direct  the temporary organization to assume direction of the
local disaster operations of such municipality, for a  specified  period
of  time,  and  in  such  cases such temporary organization shall assume
direction of such local disaster operations, subject to the  supervision
of  the  commission.    In  such  event, such temporary organization may
utilize such municipality's local resources, provided, however, that the
state shall not be liable  for  any  expenses  incurred  in  using  such
municipality's resources. THE STATE SHALL NOT BE LIABLE FOR THE EXPENSES
INCURRED  IN  USING  THIRD  PARTY,  NON-STATE  RESOURCES DEPLOYED TO THE
AFFECTED AREA BY THE TEMPORARY  ORGANIZATION,  WHICH  ARE  NECESSARY  TO
PROTECT LIFE AND SAFETY;
  (2) THE STATE INCIDENT MANAGEMENT TEAM SHALL HAVE THE AUTHORITY TO ACT
AS  THE  OPERATIONAL  ARM  OF THE TEMPORARY ORGANIZATION. WHEN CALLED TO
DUTY AND DEPLOYED BY THE STATE, MEMBERS OF ANY STATE OR  LOCAL  INCIDENT
MANAGEMENT  TEAM  SHALL  BE  DEEMED TEMPORARY EMPLOYEES OF THE STATE AND
SHALL HAVE THE SAME PRIVILEGES AND IMMUNITIES AFFORDED TO REGULAR  STATE

S. 6255--A                         20                         A. 9055--A

EMPLOYEES, SUBJECT TO THE RULES AND REGULATIONS PROMULGATED BY THE PRES-
IDENT  OF  THE  STATE  CIVIL  SERVICE COMMISSION PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF THE CIVIL SERVICE LAW;
  S  4.  Subdivision  5  of section 21 of the executive law, as added by
section 2 of part B of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  5.  The  STATE  office  of emergency management within the division of
homeland security and emergency services  shall  serve  as  the  [staff]
OPERATIONAL  arm  of  the commission and shall be responsible for imple-
menting provisions of this article and the rules and policies adopted by
the commission.  THE DIRECTOR OF THE STATE OFFICE OF  EMERGENCY  MANAGE-
MENT  WITHIN  THE  DIVISION  OF HOMELAND SECURITY AND EMERGENCY SERVICES
SHALL EXERCISE THE AUTHORITY GIVEN TO THE DISASTER PREPAREDNESS  COMMIS-
SION  IN  SECTION  TWENTY-NINE OF THIS ARTICLE, TO COORDINATE AND DIRECT
STATE AGENCIES AND ASSETS IN RESPONSE TO A STATE DISASTER  EMERGENCY  ON
BEHALF  OF  THE  GOVERNOR  AND  THE  CHAIR  OF THE DISASTER PREPAREDNESS
COMMISSION. IF THE DIRECTOR OF THE STATE OFFICE OF EMERGENCY  MANAGEMENT
IS  UNABLE TO EXERCISE THIS AUTHORITY, THEN THE EXECUTIVE DEPUTY COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
ACT IN THIS CAPACITY. IN THE EVENT THAT THE EXECUTIVE DEPUTY COMMISSION-
ER IS UNABLE TO EXERCISE THIS AUTHORITY, THEN SUCH  AUTHORITY  SHALL  BE
EXERCISED  BY  THE  OFFICIAL  WILLING AND ABLE TO DO SO IN THE FOLLOWING
ORDER: THE STATE FIRE ADMINISTRATOR; THE SUPERINTENDENT OF THE  DIVISION
OF STATE POLICE; OR THE DIRECTOR OF THE OFFICE OF COUNTERTERRORISM WITH-
IN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  S 5. The opening paragraph and paragraph f of subdivision 1 of section
24 of the executive law, the opening paragraph as amended by chapter 158
of  the  laws  of  1994  and  paragraph f of subdivision 1 as amended by
section 5 of part B of chapter 56 of the laws of 2010,  are  amended  to
read as follows:
  Notwithstanding any inconsistent provision of law, general or special,
in  the  event  of  a  disaster, rioting, catastrophe, or similar public
emergency within the territorial limits of any  county,  city,  town  or
village,  or in the event of reasonable apprehension of immediate danger
thereof, and upon a finding by the  chief  executive  thereof  that  the
public  safety is imperiled thereby, such chief executive may proclaim a
local state of emergency within any  part  or  all  of  the  territorial
limits of such local government; provided, however, that in the event of
a  radiological  accident  as  defined  in section twenty-nine-c of this
article, such chief executive may request of the governor a  declaration
of  disaster  emergency.  SUCH PROCLAMATION SHALL REMAIN IN EFFECT FOR A
PERIOD NOT TO EXCEED THIRTY DAYS OR UNTIL RESCINDED BY THE CHIEF  EXECU-
TIVE,  WHICHEVER  OCCURS FIRST. THE CHIEF EXECUTIVE MAY ISSUE ADDITIONAL
PROCLAMATIONS TO EXTEND THE STATE OF EMERGENCY  FOR  ADDITIONAL  PERIODS
NOT  TO  EXCEED  THIRTY DAYS. Following such proclamation and during the
continuance of such local state of emergency, the  chief  executive  may
promulgate  local  emergency  orders  to protect life and property or to
bring the emergency  situation  under  control.  As  illustration,  such
orders  may,  within  any  part or all of the territorial limits of such
local government, provide for:
  f. the establishment or designation of emergency  shelters,  emergency
medical  shelters,  and  in  consultation with the state commissioner of
health, [alternate medical care sites] COMMUNITY BASED CARE CENTERS;
  S 6. Subdivision 3 of section 24 of the executive  law,  as  added  by
chapter 640 of the laws of 1978, is amended to read as follows:

S. 6255--A                         21                         A. 9055--A

  3.  The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emergency
orders of a chief executive of a county shall be  executed  in  [tripli-
cate]  QUADRUPLICATE  and  shall be filed within seventy-two hours or as
soon thereafter as practicable in the office of the clerk of the govern-
ing  board  of  the  county,  the  office of the county clerk [and], the
office of the secretary of state  AND  THE  STATE  OFFICE  OF  EMERGENCY
MANAGEMENT  WITHIN  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY
SERVICES. The PROCLAMATION OF A LOCAL STATE OF EMERGENCY AND local emer-
gency orders of a chief executive of a city, town or  village  shall  be
executed  in [triplicate] QUADRUPLICATE and shall be filed within seven-
ty-two hours or as soon thereafter as practicable in the office  of  the
clerk  of  such  municipal  corporation,  the office of the county clerk
[and], the office of the secretary of state  AND  THE  STATE  OFFICE  OF
EMERGENCY  MANAGEMENT WITHIN THE DIVISION OF HOMELAND SECURITY AND EMER-
GENCY SERVICES.
  S 7. Subdivision 1 of section 29-a of the executive law, as  added  by
chapter 640 of the laws of 1978, is amended to read as follows:
  1.  Subject  to  the  state constitution, the federal constitution and
federal statutes and regulations, [and after seeking the advice  of  the
commission,]  the  governor  may  by executive order temporarily suspend
specific provisions of any statute, local  law,  ordinance,  or  orders,
rules  or  regulations,  or  parts thereof, of any agency during a state
disaster emergency, if compliance with such  provisions  would  prevent,
hinder, or delay action necessary to cope with the disaster.
  S  8.  Paragraph  c  of subdivision 2 of section 29-h of the executive
law, as added by section 10-a of part B of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  c.  "Local  emergency  management  [officer] DIRECTOR" means the local
government official responsible for emergency preparedness, response and
recovery;
  S 9. Paragraph a of subdivision 6 of section  29-h  of  the  executive
law,  as  added  by  section 10-a of part B of chapter 56 of the laws of
2010, is amended to read as follows:
  a. A participating local government may request  assistance  of  other
participating local governments in preventing, mitigating, responding to
and  recovering  from disasters that result in locally-declared emergen-
cies, or for the purpose of conducting multi-jurisdictional or  regional
training,  drills  or  exercises.  Requests  for  assistance may be made
verbally or in writing; verbal requests shall be memorialized in writing
as soon thereafter as is practicable.  NOTWITHSTANDING THE PROVISIONS OF
SECTION TWENTY-FIVE OF THIS  ARTICLE,  THE  LOCAL  EMERGENCY  MANAGEMENT
DIRECTOR  SHALL  HAVE THE AUTHORITY TO REQUEST AND ACCEPT ASSISTANCE AND
DEPLOY THE LOCAL RESOURCES OF HIS OR HER JURISDICTION UNDER  THE  INTRA-
STATE MUTUAL AID PROGRAM.
  S  10.  Paragraph  b of subdivision 8 of section 29-h of the executive
law is relettered paragraph d and two new paragraphs b and c  are  added
to read as follows:
  B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, GENERAL, SPECIAL
OR  LOCAL, ANY REQUESTING LOCAL GOVERNMENT SHALL BE LIABLE AND RESPONSI-
BLE TO THE ASSISTING LOCAL GOVERNMENT FOR ANY LOSS OR DAMAGE  TO  EQUIP-
MENT  OR  SUPPLIES  AND  SHALL  BEAR AND PAY THE EXPENSE INCURRED IN THE
OPERATION AND MAINTENANCE OF ANY EQUIPMENT AND THE COST OF MATERIALS AND
SUPPLIES USED IN RENDERING ASSISTANCE UNDER THIS SECTION.
  C. THE ASSISTING LOCAL GOVERNMENT SHALL  BE  LIABLE  FOR  SALARIES  OR
OTHER  COMPENSATION  FOR  ITS  EMPLOYEES  DEPLOYED TO A REQUESTING LOCAL
GOVERNMENT DURING THE TIME THEY ARE NOT PERFORMING THEIR DUTIES PURSUANT

S. 6255--A                         22                         A. 9055--A

TO SUCH REQUEST, AND SHALL DEFRAY THE ACTUAL TRAVELING  AND  MAINTENANCE
EXPENSE  OF ITS EMPLOYEES AND EQUIPMENT WHILE THEY ARE RENDERING ASSIST-
ANCE UNDER THIS SECTION. THE RECEIVING LOCAL GOVERNMENT SHALL  REIMBURSE
THE  ASSISTING LOCAL GOVERNMENT FOR ANY MONEYS PAID FOR SUCH SALARIES OR
OTHER COMPENSATION AND TRAVELING AND MAINTENANCE EXPENSES.
  S 11. Subdivisions 9 and 10 of section 29-h of the executive  law  are
renumbered  subdivisions  10  and  11  and  subdivision  10, as added by
section 10-a of part B of chapter 56 of the laws of 2010, is amended  to
read as follows:
  10.  Liability.  a. Each local government is responsible for procuring
and maintaining insurance or other coverage as it deems appropriate.
  b.  WHILE IN THE PERFORMANCE OF  THEIR  DUTIES  UNDER  THE  INTRASTATE
MUTUAL  AID  PROGRAM,  EMPLOYEES OF THE ASSISTING LOCAL GOVERNMENT SHALL
HAVE THE SAME IMMUNITIES AND PRIVILEGES AS IF SUCH DUTIES WERE PERFORMED
WITHIN THEIR HOME JURISDICTION. AN ASSISTING LOCAL GOVERNMENT  PROVIDING
ASSISTANCE PURSUANT TO THE INTRASTATE MUTUAL AID PROGRAM SHALL BE LIABLE
FOR  THE NEGLIGENCE OF ITS EMPLOYEES, WHICH OCCURS IN THE PERFORMANCE OF
THEIR DUTIES IN THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH NEGLI-
GENCE OCCURRED IN THE PERFORMANCE OF THEIR DUTIES IN THEIR  HOME  JURIS-
DICTION.
  C. EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT RESPONDING TO OR RENDER-
ING  ASSISTANCE PURSUANT TO A REQUEST WHO SUSTAIN INJURY OR DEATH IN THE
COURSE OF, AND ARISING OUT OF, THEIR RESPONSE ARE ENTITLED TO ALL APPLI-
CABLE BENEFITS AS IF THEY WERE RESPONDING IN  THEIR  HOME  JURISDICTION.
THE ASSISTING LOCAL GOVERNMENT SHALL BE LIABLE FOR ALL COSTS OR PAYMENTS
FOR SUCH BENEFITS AS REQUIRED BY LAW.
  D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE ASSISTING
AND  RECEIVING LOCAL GOVERNMENTS FROM AGREEING TO OTHER TERMS RELATED TO
LIABILITY AND WORKERS' COMPENSATION BECAUSE OF EXISTING STATUTES,  LAWS,
RULES  OR  REGULATIONS.  LOCAL  GOVERNMENTS  MAY CHOOSE TO ENTER INTO AN
AGREEMENT, AT ANY TIME, TO ALTER THESE TERMS AS THEY DEEM NECESSARY.
  E.  Nothing  in  this  section  shall  be  construed  to  provide  any
protection  against  liability, or to create any liability, for an indi-
vidual who responds to a state of  emergency  where  aid  has  not  been
requested,  or  where  aid  has  not been authorized by the individual's
[local government] HOME JURISDICTION.
  S 12. Section 29-h of the executive law is amended by adding  two  new
subdivisions 9 and 12 to read as follows:
  9.  PERFORMANCE OF SERVICES. A. (1) EMERGENCY RESPONSE PERSONNEL OF AN
ASSISTING LOCAL  GOVERNMENT  SHALL  CONTINUE  UNDER  THE  ADMINISTRATIVE
CONTROL  OF  THEIR  JURISDICTION.  HOWEVER, IN ALL OTHER CASES WHERE NOT
PROHIBITED BY EXISTING STATUTE OR OTHER  AUTHORITY,  EMERGENCY  RESPONSE
PERSONNEL  OF AN ASSISTING LOCAL GOVERNMENT SHALL BE UNDER THE DIRECTION
AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCIDENT  MANAGEMENT
SYSTEM OF THE REQUESTING LOCAL GOVERNMENT;
  (2)  PERFORMANCE  BY  EMPLOYEES  OF  AN  ASSISTING LOCAL GOVERNMENT OF
SERVICES FOR A REQUESTING LOCAL  GOVERNMENT  PURSUANT  TO  THIS  SECTION
SHALL HAVE NO IMPACT UPON WHETHER NEGOTIATING UNIT EMPLOYEES REPRESENTED
BY AN EMPLOYEE ORGANIZATION, RECOGNIZED OR CERTIFIED PURSUANT TO SECTION
TWO  HUNDRED  SIX  OR TWO HUNDRED SEVEN OF THE CIVIL SERVICE LAW, EXCLU-
SIVELY PERFORM SUCH SERVICES, AS THAT  PHRASE  IS  USED  BY  THE  PUBLIC
EMPLOYMENT  RELATIONS  BOARD,  ON BEHALF OF THE REQUESTING LOCAL GOVERN-
MENT;
  B. ASSETS AND EQUIPMENT OF AN ASSISTING LOCAL GOVERNMENT SHALL CONTIN-
UE UNDER THE OWNERSHIP OF THE ASSISTING JURISDICTION, BUT SHALL BE UNDER

S. 6255--A                         23                         A. 9055--A

THE DIRECTION AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE  INCI-
DENT MANAGEMENT SYSTEM OF THE REQUESTING LOCAL GOVERNMENT.
  12.  LICENSE,  CERTIFICATE  AND PERMIT PORTABILITY. A. STATE CERTIFIED
EMERGENCY MEDICAL SERVICES PROVIDERS WHO RESPOND OUTSIDE OF THEIR NORMAL
JURISDICTION PURSUANT TO A REQUEST FOR  ASSISTANCE  UNDER  THIS  PROGRAM
SHALL FOLLOW THEIR NORMAL OPERATING PROTOCOLS AS IF THEY WERE RESPONDING
AND RENDERING SERVICES IN THEIR HOME JURISDICTION.
  B. ANY OTHER INDIVIDUAL DEPLOYED THROUGH A PARTICIPATING LOCAL GOVERN-
MENT  WHO  IS  CERTIFIED  OR PERMITTED EITHER LOCALLY OR REGIONALLY WHEN
RESPONDING PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM SHALL
HAVE THE SAME POWERS AND DUTIES AS IF THEY WERE RESPONDING IN THEIR HOME
JURISDICTION.
  S 13. This act shall take effect immediately.

                                 PART H

  Section 1. Paragraph 1 of subdivision j of section 41 of  the  retire-
ment  and  social security law, as amended by chapter 397 of the laws of
2009, is amended to read as follows:
  1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth  in  paragraphs  two
and  three  of  this  subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be  considered  in  meeting  any
service  or  age  requirements  prescribed  in  this chapter, and (c) be
considered in computing final average salary. However, for an  executive
branch  member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated  the
professional,  scientific  and  technical  services unit, the rent regu-
lation services negotiating  unit,  the  security  services  negotiating
unit,  the  security  supervisors negotiating unit, the state university
professional services  negotiating  unit,  the  administrative  services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs  negotiating  unit  such  service  credit limitation provided in
subparagraph (a) of this paragraph shall not exceed  two  hundred  days.
For a nonjudicial officer or employee of the unified court system not in
a collective negotiating unit or in a collective negotiating unit speci-
fied  in  section  one  of  chapter two hundred three of the laws of two
thousand four, for employees of the New York state dormitory  authority,
for  employees  of  the  New  York state thruway authority, the New York
state canal corporation and the state university construction  fund  and
for  employees  of  the  New York liquidation bureau such service credit
limitation provided in subparagraph (a)  of  this  paragraph  shall  not
exceed  two  hundred days.   MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK  STATE
TEACHERS'  RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND
TWELVE, SHALL NOT BE GRANTED ANY ADDITIONAL SERVICE  CREDIT  FOR  UNUSED
SICK LEAVE.
  S  2. Subdivisions a and b of section 376 of the retirement and social
security law, subdivision a as amended by chapter 389  of  the  laws  of
1998  and  subdivision  b as amended by chapter 371 of the laws of 1969,
are amended to read as follows:

S. 6255--A                         24                         A. 9055--A

  a. A member who discontinues service other than by  death  or  retire-
ment:
  1.  who has credit for at least five years of total service, OR TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND TWELVE, or
  2.  who has credit for at least five years of total service, OR TWELVE
YEARS OF SERVICE FOR A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL
FIRST,  TWO THOUSAND TWELVE, including a minimum of five years of member
service during which the member contributed to the system and/or partic-
ipated in an increased-take-home-pay or non-contributory plan,  and  who
does  not  withdraw his or her accumulated contributions, shall be enti-
tled to make application pursuant to section three  hundred  seventy  of
this  article  for  a  vested retirement allowance to be effective on or
after the first day of the month following  his  or  her  attainment  of
sixty  years  of  age, OR SIXTY-FIVE YEARS OF AGE FOR A MEMBER WHO FIRST
BECOMES A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.   The  retire-
ment  allowance  provided  by this section shall vest automatically upon
such discontinuance of service by such member.
  3. In the case of such a member who discontinues service other than by
death or retirement after March thirty-first,  nineteen  hundred  sixty-
six,  who  had  been  contributing  toward  and/or  participating  in an
increased-take-home-pay or non-contributory plan  for  retirement  on  a
basis other than retirement at age sixty for five years preceding his or
her  discontinuance  of  service,  he  or  she shall be entitled to make
application for a vested retirement allowance  to  be  effective  on  or
after  the  first  day  of  the month following his or her attainment of
fifty-five years of age, OR SIXTY-FIVE YEARS OF AGE  FOR  A  MEMBER  WHO
FIRST  BECOMES  A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  b. The vested retirement allowance  shall  be  computed  and  paid  in
accordance  with the provisions of the plan of which the member had been
a participant provided, however, that if the service  fraction  used  to
compute  the  retirement  allowance  or  the  pension provides a benefit
greater than that which would have been provided had the  service  frac-
tion one-sixtieth been used to compute the benefit, the service fraction
one-sixtieth  shall  be  used to compute the vested retirement allowance
unless such plan shall specify another fraction to be  used  to  compute
the  vested  retirement allowance. The vested retirement allowance shall
not be paid before the member  attains  age  fifty-five,  OR  SIXTY-FIVE
YEARS  OF  AGE  FOR  A MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND TWELVE.
  S 3. Subdivision e of section 440 of the retirement and social securi-
ty  law, as added by chapter 285 of the laws of 1997, is amended to read
as follows:
  e. Notwithstanding any other provision of law  to  the  contrary,  the
provisions and limitations of this article shall apply, as may be appro-
priate,  to  all  investigator  members  of the New York city employees'
retirement system who last joined such retirement  system  on  or  after
July  first,  nineteen  hundred  seventy-six, AND PRIOR TO THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWELVE  WHICH  AMENDED
THIS SUBDIVISION.

S. 6255--A                         25                         A. 9055--A

  S 4. Subdivisions 5, 7, 12, 17 and 24 of section 501 of the retirement
and  social  security law, subdivisions 5, 12 and 17 as added by chapter
890 of the laws of 1976, subdivision 7 as amended by chapter 408 of  the
laws  of  2000  and  subdivision 24 as amended by section 1 of part B of
chapter 504 of the laws of 2009, are amended to read as follows:
  5.  "Early  retirement  age"  shall  mean  age fifty-five, for general
members, and the age on which a member completes or would have completed
twenty  years  of  service,  for  police/fire  members,  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.
  7. "Eligible beneficiary" for the purposes  of  section  five  hundred
nine  of  this  article  shall  mean the following persons or classes of
persons in the order set forth: (a)  a  surviving  spouse  who  has  not
renounced  survivorship  rights  in a separation agreement, until remar-
riage, (b) surviving  children  until  age  twenty-five,  (c)  dependent
parents,  determined  under  regulations promulgated by the comptroller,
(d) any other person who qualified as a dependent on the  final  federal
income  tax  return  of the member or the return filed in the year imme-
diately preceding the year of death, until such person  reaches  twenty-
one  years  of  age and (e) with respect to members of the New York city
employees' retirement system (OTHER  THAN  A  NEW  YORK  CITY  UNIFORMED
CORRECTION/SANITATION  REVISED  PLAN  MEMBER  OR AN INVESTIGATOR REVISED
PLAN MEMBER) and the board of education retirement system of the city of
New York, a person whom the member shall have nominated in the form of a
written designation, duly acknowledged and filed with the  head  of  the
retirement  system for the purpose of section five hundred eight of this
article. In the event that a class of eligible beneficiaries consists of
more than one person,  benefits  shall  be  divided  equally  among  the
persons in such class. For the purposes of section five hundred eight OF
THIS  ARTICLE  the term "eligible beneficiary" shall mean such person as
the member shall have nominated to receive the benefits provided in this
article. To be effective, such a nomination must be in  the  form  of  a
written  designation,  duly  acknowledged and filed with the head of the
retirement system for this specific purpose. In the  event  such  desig-
nated  beneficiary  does  not  survive  him,  or if he shall not have so
designated a beneficiary, such benefits shall be payable to the deceased
member's estate or as provided in section one thousand three hundred ten
of the surrogate's court procedure act.
  12. "General member" shall mean a member subject to the provisions  of
this  article who is not a police/fire member, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER  OR  AN  INVESTIGATOR  REVISED
PLAN MEMBER.
  17.  "Normal  retirement  age"  shall  be  age  sixty-two, for general
members, and the age at which a member completes or would have completed
twenty-two years of service, for  police/fire  members,  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.
  24. "Wages" shall mean regular compensation earned by and  paid  to  a
member  by a public employer, except that for members who first join the
state and local employees' retirement system on or after January  first,
two  thousand  ten,  overtime compensation paid in any year in excess of
the overtime ceiling, as defined  by  this  subdivision,  shall  not  be
included in the definition of wages. "Overtime compensation" shall mean,
for  purposes of this section, compensation paid under any law or policy
under which employees are paid at a rate  greater  than  their  standard
rate  for  additional  hours  worked  beyond  those  required, including

S. 6255--A                         26                         A. 9055--A

compensation paid under section one hundred  thirty-four  of  the  civil
service  law and section ninety of the general municipal law. The "over-
time ceiling" shall mean fifteen thousand dollars per annum  on  January
first,  two  thousand  ten, and shall be increased by three percent each
year thereafter. For the  purpose  of  calculation  a  member's  primary
federal  social  security retirement or disability benefit, wages shall,
in any calendar year, be limited to the portion of  the  member's  wages
which  would  be subject to tax under section three thousand one hundred
twenty-one of the internal revenue code of nineteen hundred  fifty-four,
or  any  predecessor  or  successor  provision relating thereto, if such
member was employed by a private employer.  FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM  ON
OR  AFTER  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWELVE WHICH AMENDED THIS SUBDIVISION, AND FOR NEW YORK CITY POLICE/FIRE
REVISED PLAN MEMBERS,  NEW  YORK  CITY  UNIFORMED  CORRECTION/SANITATION
REVISED  PLAN MEMBERS AND INVESTIGATOR REVISED PLAN MEMBERS, THE FOLLOW-
ING ITEMS SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES: (A) OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT A RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL  HOURS  BEYOND
THAT  REQUIRED,  INCLUDING  SECTION ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW,  (B)  WAGES
IN  EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (C) LUMP  SUM  PAYMENTS
FOR  DEFERRED  COMPENSATION,  SICK  LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, (D) ANY FORM OF TERMINATION PAY AND (E) ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
  S 5.  Section 501 of the retirement and social security law is amended
by adding three new subdivisions 25, 26 and 27 to read as follows:
  25.   "NEW YORK  CITY  UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN
MEMBER"  SHALL  MEAN  A  MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF
THIS ARTICLE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO IS  A
MEMBER  OF EITHER THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION OR THE UNIFORMED FORCE OF THE NEW  YORK  CITY  DEPARTMENT  OF
SANITATION.
  26.  "NEW  YORK  CITY  POLICE/FIRE  REVISED  PLAN MEMBER" SHALL MEAN A
POLICE/FIRE MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, AND WHO  IS  A  MEMBER  OF
EITHER  THE  NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND.
  27. "INVESTIGATOR REVISED PLAN  MEMBER"  SHALL  MEAN  AN  INVESTIGATOR
MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A POLICE
OFFICER  AS  DEFINED  IN  PARAGRAPH  (G)  OF  SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, AND WHO BECOMES  SUBJECT  TO
THE  PROVISIONS  OF  THIS  ARTICLE ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE.
  S 6. Subdivisions a and b of section 502 of the retirement and  social
security  law,  as  amended by section 2 of part B of chapter 504 of the
laws of 2009, are amended to read as follows:
  a. A member who first joins a public retirement system of  this  state
on  or  after  June thirtieth, nineteen hundred seventy-six shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of five years of creditable service after July first,
nineteen hundred seventy-three, except that a member who first joins the
New York state and local employees' retirement system on or after  Janu-
ary first, two thousand ten shall not be eligible for service retirement
benefits pursuant to this article until such member has rendered a mini-

S. 6255--A                         27                         A. 9055--A

mum  of  ten  years  of  credited  service. A MEMBER WHO FIRST BECOMES A
MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT  SYSTEM  ON
OR  AFTER  APRIL  FIRST,  TWO  THOUSAND TWELVE SHALL NOT BE ELIGIBLE FOR
SERVICE  RETIREMENT  BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER
HAS RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
  b. A member who previously was a member of a public retirement  system
of  this  state  shall  not  be eligible for service retirement benefits
hereunder until such member has rendered a  minimum  of  five  years  of
service which is creditable pursuant to section five hundred thirteen of
this  article.  A  member  who  first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall not be eligible for service retirement benefits pursuant  to  this
article until such member has rendered a minimum of ten years of credit-
ed  service.  A  MEMBER WHO FIRST BECOMES A MEMBER OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO
THOUSAND  TWELVE  SHALL  NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS
PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS  RENDERED  A  MINIMUM  OF
TWELVE YEARS OF CREDITED SERVICE.
  S  7.  Subdivisions  a,  c  and d of section 503 of the retirement and
social security law, subdivision a as amended by chapter 662 of the laws
of 1988, subdivision c as amended by section 143 of subpart B of part  C
of  chapter 62 of the laws of 2011 and subdivision d as added by chapter
890 of the laws of 1976, are amended to read as follows:
  a. The normal service retirement benefit  specified  in  section  five
hundred  four OF THIS ARTICLE shall be payable to general members, other
than elective members, who have met  the  minimum  service  requirements
upon  retirement  and  attainment of age sixty-two, provided, however, a
general member who is a peace officer  employed  by  the  unified  court
system  or  a member of a teachers' retirement system may retire without
reduction of his or her retirement benefit upon attainment of  at  least
fifty-five  years  of  age  and  completion  of  thirty or more years of
service. FOR MEMBERS WHO BECOME MEMBERS OF THE NEW YORK STATE AND  LOCAL
EMPLOYEES'  RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND
TWELVE, THE NORMAL SERVICE RETIREMENT BENEFITS SPECIFIED IN SECTION FIVE
HUNDRED FOUR OF THIS ARTICLE SHALL BE PAYABLE TO GENERAL MEMBERS,  OTHER
THAN  ELECTIVE  MEMBERS,  WHO  HAVE MET THE MINIMUM SERVICE REQUIREMENTS
UPON RETIREMENT AND ATTAINMENT OF AGE SIXTY-FIVE.
  c. A general member shall be eligible for early service retirement  at
age  fifty-five with five years of credited service. A general member in
the uniformed correction force  of  the  New  York  city  department  of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion  c  of section five hundred four-b of this article or subdivision c
of section five hundred four-d of this article, or a general  member  in
the  uniformed  personnel  in institutions under the jurisdiction of the
department of corrections  and  community  supervision,  as  defined  in
subdivision  i  of  section  eighty-nine  of  this chapter or serving in
institutions who is also in a title defined in such subdivision and  who
has  made an election pursuant to the provisions of article seventeen of
this chapter, shall also be eligible for early service retirement  after
twenty-five  years  of  credited  service,  PROVIDED,  HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION A OF THIS  SECTION  SHALL
NOT  APPLY  TO  A  NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED
PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER.
  d. The normal service retirement benefit  specified  in  section  five
hundred  five  OF THIS ARTICLE shall be paid to police/fire members, NEW

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YORK CITY  UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN  MEMBERS  AND
INVESTIGATOR  REVISED PLAN MEMBERS without regard to age upon retirement
after twenty-two years of service. Early  service  retirement  shall  be
permitted  upon  retirement  after  twenty  years of credited service or
attainment of age sixty-two,  PROVIDED,  HOWEVER,  THAT  NEW  YORK  CITY
POLICE/FIRE    REVISED   PLAN   MEMBERS,   NEW   YORK   CITY   UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN
MEMBERS SHALL NOT BE ELIGIBLE TO RETIRE FOR SERVICE PRIOR TO THE ATTAIN-
MENT OF TWENTY YEARS OF CREDITED SERVICE.
  S 8. Subdivisions a, c and d of section  504  of  the  retirement  and
social  security  law, subdivision a as added by chapter 890 of the laws
of 1976, subdivision c as amended by section 3 of part B of chapter  504
of  the  laws  of  2009  and  subdivision d as amended by section 144 of
subpart B of part C of chapter 62 of the laws of 2011,  are  amended  to
read as follows:
  a.  The  service  retirement  benefit  for  general  members at normal
retirement age with twenty or more years of credited service shall be  a
pension  equal  to  one-fiftieth  of final average salary times years of
credited service, not in excess of thirty years, less fifty  percent  of
the  primary  social  security retirement benefit as provided in section
five hundred eleven OF THIS ARTICLE.  THE SERVICE RETIREMENT BENEFIT FOR
GENERAL MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE AT NORMAL RETIREMENT AGE SHALL BE A PENSION EQUAL TO ONE-SIXTIETH
OF  FINAL  AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE, NOT IN EXCESS
OF THIRTY YEARS.
  c. The early service retirement benefit for  general  members,  except
for  general  members  whose  early  retirement  benefit is specified in
subdivision d of this section, shall be the service  retirement  benefit
specified  in  subdivision  a  or b of this section, as the case may be,
without social security offset, reduced by one-fifteenth for each of the
first two years by which early retirement precedes age sixty-two, plus a
further reduction  of:  (1)  one-thirtieth;  or  (2)  one-twentieth  for
members  who  first join the New York state and local employees' retire-
ment system on or after January first, two thousand ten, for  each  year
by  which  early  retirement  precedes  age sixty. At age sixty-two, the
benefit shall be reduced by fifty percent of the primary social security
retirement benefit, as provided in section five hundred eleven  of  this
article.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO MEMBERS
WHO FIRST BECOME MEMBERS OF THE NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'
RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  d.  The  early  service  retirement benefit for general members in the
uniformed  correction  force  of  the  New  York  city   department   of
correction,  who are not entitled to an early service retirement benefit
pursuant to subdivision c of section five hundred four-a of this article
or subdivision c of section five  hundred  four-b  of  this  article  or
subdivision  c  of  section  five hundred four-d of this article, or for
general members in the uniformed personnel  in  institutions  under  the
jurisdiction of the department of corrections and community supervision,
as  defined  in  subdivision  i  of section eighty-nine of this chapter,
shall be a pension equal to one-fiftieth of final average  salary  times
years  of  credited  service  at  the completion of twenty-five years of
service, but not in excess of fifty percent  of  final  average  salary,
PROVIDED,  HOWEVER,  THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.

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  S 9. Subdivision b of section 504-a of the retirement and social secu-
rity law is amended by adding a new paragraph 4-a to read as follows:
  4-A.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS  A  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.
  S 10. Subdivision b of section 504-b  of  the  retirement  and  social
security  law  is  amended  by  adding  a  new  paragraph 4-a to read as
follows:
  4-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SUBDIVISION  OR  ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF  THE  NEW  YORK  CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER SHALL BE  A  PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM FOR CAPTAINS AND ABOVE.
  S  11.  Subdivision  b  of  section 504-d of the retirement and social
security law is amended by  adding  a  new  paragraph  1-a  to  read  as
follows:
  1-A.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS  A  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED PLAN MEMBER SHALL BE A PARTIC-
IPANT IN THE TWENTY-YEAR RETIREMENT PROGRAM.
  S 12. Section 505 of the retirement and social security law, as  added
by chapter 890 of the laws of 1976, is amended to read as follows:
  S 505. Service retirement benefits; police/fire members, NEW YORK CITY
UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN MEMBERS AND INVESTIGATOR
REVISED PLAN MEMBERS.   a. The normal  service  retirement  benefit  for
police/fire  members,  NEW  YORK  CITY  UNIFORMED  CORRECTION/SANITATION
REVISED PLAN MEMBERS AND INVESTIGATOR REVISED  PLAN  MEMBERS  at  normal
retirement  age shall be a pension equal to fifty percent of final aver-
age salary, less fifty percent of the primary social security retirement
benefit commencing at age sixty-two, as provided in section five hundred
eleven OF THIS ARTICLE.
  b. The early service retirement benefit for police/fire  members,  NEW
YORK  CITY  UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN  MEMBERS AND
INVESTIGATOR REVISED PLAN MEMBERS shall be a pension equal  to  two  and
one-tenths  percent  of  final  average  salary  times years of credited
service at the completion of twenty years of service or upon  attainment
of age sixty-two, increased by one-third of one percent of final average
salary  for  each month of service in excess of twenty years, but not in
excess of fifty percent of final average salary, less fifty  percent  of
the  primary social security retirement benefit commencing at age sixty-
two as  provided  in  section  five  hundred  eleven  OF  THIS  ARTICLE,
PROVIDED,  HOWEVER, THAT NEW YORK CITY POLICE/FIRE REVISED PLAN MEMBERS,
NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN  MEMBERS  AND
INVESTIGATOR  REVISED  PLAN  MEMBERS SHALL NOT BE ELIGIBLE TO RETIRE FOR
SERVICE PRIOR TO THE ATTAINMENT OF TWENTY YEARS OF CREDITED SERVICE.
  c.   A   police/fire   member,   A    NEW    YORK    CITY    UNIFORMED
CORRECTION/SANITATION  REVISED  PLAN  MEMBER  OR AN INVESTIGATOR REVISED
PLAN MEMBER who retires with twenty-two years  of  credited  service  or
less may become eligible for annual escalation of the service retirement
benefit  if he elects to have the payment of his benefit commence on the
date he would have completed twenty-two years and one month or  more  of
service.  In  such event, the service retirement benefit shall equal two
percent of final average salary for each year of credited service,  less

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fifty percent of the primary social security retirement benefit commenc-
ing  at age sixty-two as provided in section five hundred eleven OF THIS
ARTICLE.
  S 13. Subdivisions b and c of section 507 of the retirement and social
security  law,  subdivision  b  as amended by chapter 489 of the laws of
2008 and subdivision c as amended by chapter 513 of the  laws  of  2010,
are amended to read as follows:
  b.  A  police/fire member in active service, A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER IN ACTIVE SERVICE OR AN INVES-
TIGATOR REVISED PLAN MEMBER IN ACTIVE SERVICE, or a vested member  inca-
pacitated  as the result of a qualifying World Trade Center condition as
defined in section two of this chapter, who is not eligible for a normal
service retirement benefit shall be eligible for the accidental disabil-
ity benefit either as provided in subdivision a OF THIS  SECTION  or  if
such  member  is physically or mentally incapacitated for performance of
duty as the natural and proximate result of  an  accident  sustained  in
such  active  service and not caused by such member's own willful negli-
gence.
  c. In the case of a member of a retirement system other than  the  New
York  state  and  local employees' retirement system, the New York state
teachers' retirement system, the New  York  city  employees'  retirement
system,  the  New  York city board of education retirement system or the
New York city teachers' retirement system, OR IN THE CASE OF A MEMBER OF
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS A  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER, the accidental disability benefit  hereunder  shall
be a pension equal to two percent of final average salary times years of
credited service which such member would have attained if employment had
continued until such member's full escalation date, not in excess of the
maximum  years  of  service creditable for the normal service retirement
benefit, less (i) fifty percent of the primary social security disabili-
ty benefit, if any, as provided in section five hundred eleven  of  this
article, and (ii) one hundred percent of any workers' compensation bene-
fits payable.
  In  the  case  of  a member of the New York state and local employees'
retirement system, the New York state teachers' retirement  system,  the
New  York  city employees' retirement system (OTHER THAN A NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER OR  AN  INVESTIGATOR
REVISED  PLAN  MEMBER),  the New York city board of education retirement
system or the New York city teachers' retirement system, the  accidental
disability  benefit  hereunder shall be a pension equal to sixty percent
of final average salary, less (i) fifty percent of  the  primary  social
security disability benefit, if any, as provided in section five hundred
eleven  of  this  article,  and (ii) one hundred percent of any workers'
compensation benefits payable. In the event a  disability  retiree  from
any  retirement  system  is not eligible for the primary social security
disability benefit and continues to be eligible for disability  benefits
hereunder,  such disability benefit shall be reduced by one-half of such
retiree's primary social security retirement benefit, commencing at  age
sixty-two,  in  the same manner as provided for service retirement bene-
fits under section five hundred eleven of this article.
  S 14. The opening paragraph of subdivision a of section 507-a  of  the
retirement and social security law, as amended by section 145 of subpart
B  of  part  C  of chapter 62 of the laws of 2011, is amended to read as
follows:

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  [Application] SUBJECT TO THE  PROVISIONS  OF  SUBDIVISION  E  OF  THIS
SECTION,  APPLICATION for a disability retirement allowance for a member
in the uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision of New York state as
defined in subdivision i of section eighty-nine of this chapter or for a
member  serving  in  institutions who is also in a title defined in such
subdivision and who has made an election pursuant to the  provisions  of
article  seventeen  of  this  chapter or the New York city department of
correction may be made by:
  S 15. Section 507-a of the  retirement  and  social  security  law  is
amended by adding a new subdivision e to read as follows:
  E.  NOTWITHSTANDING  THE PRECEDING SUBDIVISIONS OF THIS SECTION TO THE
CONTRARY, THIS SECTION SHALL NOT APPLY TO  A  MEMBER  OF  THE  UNIFORMED
FORCE  OF  THE  NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
  S 16. Subdivision a of section 507-c  of  the  retirement  and  social
security law, as added by chapter 622 of the laws of 1997, is amended to
read as follows:
  a.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the New York city department of correction, who  becomes
physically  or  mentally  incapacitated for the performance of duties as
the natural and proximate result of an injury, sustained in the perform-
ance or discharge of his or her duties by, or as a natural and proximate
result of, an act of any inmate or any person confined in an institution
under the jurisdiction of the department of correction or the department
of health, or by any person who has been committed to  such  institution
by  any  court shall be paid a performance of duty disability retirement
allowance equal to three-quarters of final average  salary,  subject  to
the  provisions of section 13-176 of the administrative code of the city
of New York, PROVIDED, HOWEVER, THAT  THE  PROVISIONS  OF  THIS  SECTION
SHALL  NOT APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY
DEPARTMENT  OF  CORRECTION  WHO   IS   A   NEW   YORK   CITY   UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
  S  17. Subdivision b of section 508 of the retirement and social secu-
rity law, as amended by chapter 601 of the laws of 1997, is  amended  to
read as follows:
  b.  A  member of a retirement system subject to the provisions of this
article who is a policeman, fireman,  correction  officer,  INVESTIGATOR
REVISED  PLAN  MEMBER  or  sanitation man and is in a plan which permits
immediate retirement upon completion of a specified  period  of  service
without  regard  to  age  or who is subject to the provisions of section
five hundred four or five hundred  five  of  this  article,  shall  upon
completion of ninety days of service be covered for financial protection
in  the  event  of  death  in service pursuant to this subdivision. Such
death benefit shall be equal to three times the member's  salary  raised
to  the  next  highest multiple of one thousand dollars, but in no event
shall it exceed three times the maximum salary specified in section  one
hundred thirty of the civil service law or, in the case of a member of a
retirement  system  other  than  the New York city employees' retirement
system, OR IN THE CASE OF A MEMBER  OF  THE  NEW  YORK  CITY  EMPLOYEES'
RETIREMENT SYSTEM WHO IS A NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, the specific
limitations  specified  for  age  of  entrance into service contained in
subparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision
a of this section.

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  S 18. Paragraph 2 of subdivision b of section 510  of  the  retirement
and social security law, as added by chapter 890 of the laws of 1976, is
amended to read as follows:
  2.  The  first  day  of the month following the date on which a member
completes or would have completed twenty-five years of credited service,
with respect to service retirement benefits for police/fire members  and
their  beneficiaries,  NEW  YORK  CITY  UNIFORMED  CORRECTION/SANITATION
REVISED PLAN MEMBERS AND THEIR  BENEFICIARIES  OR  INVESTIGATOR  REVISED
PLAN MEMBERS AND THEIR BENEFICIARIES.
  S  19. Subdivision f of section 511 of the retirement and social secu-
rity law, as amended by section 147 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
  f. This section shall not apply to general members  in  the  uniformed
correction  force  of  the  New York city department of correction or to
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of corrections and community supervision and security hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section  eighty-nine  of  this  chapter,  PROVIDED,  HOWEVER,  THAT  THE
PROVISIONS  OF  THIS  SECTION  SHALL  APPLY TO A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
  S 20. Section 512 of  the  retirement  and  social  security  law,  as
amended  by  chapter  379  of  the laws of 1986, subdivisions b and c as
amended by chapter 286 of the laws of 2010 and subdivision d as added by
chapter 749 of the laws of 1992, is amended to read as follows:
  S 512. Final average salary.  a. A member's final average salary shall
be the average wages earned by such a member during  any  three  consec-
utive  years  which provide the highest average wage; provided, however,
if the wages earned during any year  included  in  the  period  used  to
determine final average salary exceeds that of the average of the previ-
ous  two  years  by  more  than ten percent, the amount in excess of ten
percent shall be excluded from the computation of final average  salary.
[Where]  NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, FOR A MEMBER WHO FIRST BECOMES A MEMBER OF  THE  NEW  YORK
STATE  AND  LOCAL  EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE, OR FOR A NEW YORK  CITY  POLICE/FIRE  REVISED  PLAN
MEMBER,  A  NEW  YORK  CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER OR AN INVESTIGATOR REVISED PLAN MEMBER, A MEMBER'S FINAL  AVERAGE
SALARY  SHALL  BE  THE  AVERAGE WAGES EARNED BY SUCH A MEMBER DURING ANY
FIVE CONSECUTIVE YEARS WHICH PROVIDE THE HIGHEST AVERAGE WAGE; PROVIDED,
HOWEVER, IF THE WAGES EARNED DURING ANY YEAR INCLUDED IN THE PERIOD USED
TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THAT OF  THE  AVERAGE  OF  THE
PREVIOUS  FOUR YEARS BY MORE THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION  OF  FINAL  AVERAGE
SALARY. IN DETERMINING FINAL AVERAGE SALARY PURSUANT TO ANY PROVISION OF
THIS SUBDIVISION, WHERE the period used to determine final average sala-
ry  is the period which immediately precedes the date of retirement, any
month or months (not in excess  of  twelve)  which  would  otherwise  be
included  in  computing final average salary but during which the member
was on authorized leave of absence at partial pay or without  pay  shall
be  excluded  from the computation of final average salary and the month
or an equal number of months immediately preceding such period shall  be
substituted in lieu thereof.
  b.  Notwithstanding  the  provisions of subdivision a of this section,
with respect to members of the  New  York  state  employees'  retirement
system  WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE, the  New

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York  state and local police and fire retirement system and the New York
city teachers' retirement system, a member's final average salary  shall
be  equal  to  one-third  of  the  highest total wages earned during any
continuous  period  of employment for which the member was credited with
three years of service credit; provided, however, if  the  wages  earned
during  any  year of credited service included the period used to deter-
mine final average salary exceeds the average of the wages of the previ-
ous two years of credited service by more than ten percent,  the  amount
in excess of ten percent shall be excluded from the computation of final
average  salary.  FOR  MEMBERS WHO FIRST BECOME A MEMBER OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR  AFTER  APRIL  FIRST,
TWO  THOUSAND  TWELVE, WITH RESPECT TO MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM,  A  MEMBER'S  FINAL  AVERAGE  SALARY
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES EARNED DURING ANY
CONTINUOUS  PERIOD  OF EMPLOYMENT FOR WHICH THE MEMBER WAS CREDITED WITH
FIVE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER,  IF  THE  WAGES  EARNED
DURING  ANY  YEAR OF CREDITED SERVICE INCLUDED THE PERIOD USED TO DETER-
MINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVI-
OUS FOUR YEARS OF CREDITED SERVICE  BY  MORE  THAN  EIGHT  PERCENT,  THE
AMOUNT IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION
OF FINAL AVERAGE SALARY.
  c.  Notwithstanding  the  provisions  of  subdivisions a and b of this
section, the final average salary of an employee who has been  a  member
of the New York city employees' retirement system (OTHER THAN A NEW YORK
CITY  CORRECTION/SANITATION  REVISED  PLAN  MEMBER  OR  AN  INVESTIGATOR
REVISED PLAN MEMBER) or the New York city  teachers'  retirement  system
for  less than one year shall be the projected one year salary, with the
calculation based upon a twelve month projection of the sums  earned  in
the  portion of the year worked.  If a member has been employed for more
than one year but less than two years, then the member's  final  average
salary  shall be the average of the first year and projected second year
earnings based upon the calculation above, and if more than  two  years,
but  less  than  three  years, then one-third the total of the first two
years of employment plus the projected third year's earnings, calculated
as indicated above.
  d. Subject to the provisions of subdivision c  of  this  section,  and
notwithstanding  the  provisions  of subdivision a of this section, with
respect to members of the New York  city  employees'  retirement  system
(OTHER THAN A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER  OR  AN  INVESTIGATOR  REVISED PLAN MEMBER) and the New York city
board of education retirement system who are subject to  the  provisions
of  this  article,  a  member's final average salary shall be determined
pursuant to the provisions of paragraph thirteen  of  subdivision  e  of
section 13-638.4 of the administrative code of the city of New York.
  S  21. Subdivision h of section 513 of the retirement and social secu-
rity law, as added by chapter 477 of the laws of  2005,  is  amended  to
read as follows:
  h.  Notwithstanding  any  other provision of this section, any general
member in the uniformed correction force of the New York city department
of [corrections] CORRECTION who is absent without pay for a  child  care
leave of absence pursuant to regulations of the New York city department
of [corrections] CORRECTION shall be eligible for credit for such period
of  child care leave provided such member files a claim for such service
credit with the retirement system by December thirty-first, two thousand
five or within ninety days of the termination of the child  care  leave,
whichever  is  later, and contributes to the retirement system an amount

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which such member would have contributed during the period of such child
care leave, together with  interest  thereon.  Service  credit  provided
pursuant  to  this  subdivision  shall not exceed one year of credit for
each  period  of  authorized  child  care leave. In the event there is a
conflict between the provisions of this subdivision and  the  provisions
of  any other law or code to the contrary, the provisions of this subdi-
vision shall govern, PROVIDED, HOWEVER,  THAT  THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  NOT  APPLY TO A MEMBER OF THE UNIFORMED FORCE OF THE
NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A NEW YORK CITY  UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER.
  S 22. Section 513 of the retirement and social security law is amended
by adding a new subdivision i to read as follows:
  I.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEW
YORK CITY POLICE/FIRE REVISED PLAN  MEMBERS,  NEW  YORK  CITY  UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS AND INVESTIGATOR REVISED PLAN
MEMBERS SHALL NOT RECEIVE SERVICE CREDIT FOR ANY UNDOCUMENTED SICK LEAVE
THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
  S  23.  Subdivisions  a,  c and d of section 516 of the retirement and
social security law, subdivision a as amended by section 4 of part B  of
chapter  504  of the laws of 2009, subdivision c as added by chapter 890
of the laws of 1976 and subdivision d  as  amended  by  section  148  of
subpart B of part C of chapter 62 of the laws of 2011, are amended and a
new subdivision e is added to read as follows:
  a.  A  member who has five or more years of credited service or ten or
more years of credited service for members who first join the  New  York
state  and local employees' retirement system on or after January first,
two thousand ten upon termination of employment shall be entitled  to  a
deferred  vested  benefit  as  provided  herein.   FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT
SYSTEM  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWELVE, OR FOR NEW YORK
CITY  POLICE/FIRE  REVISED  PLAN  MEMBERS,  NEW  YORK   CITY   UNIFORMED
CORRECTION/SANITATION  REVISED PLAN MEMBERS OR INVESTIGATOR REVISED PLAN
MEMBERS, A MEMBER WHO HAS TWELVE OR MORE YEARS OF CREDITED SERVICE  UPON
TERMINATION OF EMPLOYMENT SHALL BE ENTITLED TO A DEFERRED VESTED BENEFIT
AS PROVIDED HEREIN.
  c.   1. The deferred vested benefit of police/fire members WHO ARE NOT
NEW YORK CITY POLICE/FIRE  REVISED  PLAN  MEMBERS  shall  be  a  pension
commencing  at  early retirement age equal to two and one-tenths percent
of final average salary times years  of  credited  service,  less  fifty
percent  of the primary social security retirement benefit commencing at
age sixty-two, as provided in section five hundred eleven OF THIS  ARTI-
CLE. A police/fire member WHO IS NOT A NEW YORK CITY POLICE/FIRE REVISED
PLAN  MEMBER may elect to receive his vested benefit commencing at early
retirement age or age fifty-five. If the vested benefit commences before
early retirement age, the benefit shall be reduced by one-fifteenth  for
each  year,  if any, that the member's early retirement age is in excess
of age sixty, and by one-thirtieth for each additional year by which the
vested benefit commences prior to early retirement age. If  such  vested
benefit is deferred until after such member's normal retirement age, the
benefit  shall  be computed and subject to annual escalation in the same
manner as provided for an early retirement benefit pursuant to  subdivi-
sion c of section five hundred five of this article.
  2.    THE DEFERRED VESTED BENEFIT OF NEW YORK CITY POLICE/FIRE REVISED
PLAN MEMBERS, NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBERS AND  INVESTIGATOR  REVISED  PLAN  MEMBERS  SHALL  BE  A  PENSION
COMMENCING AT AGE SIXTY-FIVE EQUAL TO TWO AND ONE-TENTH PERCENT OF FINAL

S. 6255--A                         35                         A. 9055--A

AVERAGE  SALARY  TIMES  YEARS OF CREDITED SERVICE, LESS FIFTY PERCENT OF
THE PRIMARY SOCIAL SECURITY RETIREMENT BENEFIT COMMENCING AT AGE  SIXTY-
TWO, AS PROVIDED IN SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE.
  d.  The  deferred  vested  benefit of general members in the uniformed
correction force of the New York city department of correction, who  are
not entitled to a deferred vested benefit under subdivision d of section
five  hundred  four-a  of this article or under subdivision d of section
five hundred four-b of this article or under subdivision  d  of  section
five  hundred  four-d  of  this  article,  or  of general members in the
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of  corrections  and  community  supervision,  as defined in
subdivision i of section eighty-nine of this  chapter,  with  twenty  or
more  years  of credited service shall be a pension commencing at normal
retirement age equal to one-fiftieth, OR ONE-SIXTIETH  FOR  MEMBERS  WHO
FIRST  BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, of final aver-
age salary times years of credited service,  not  in  excess  of  thirty
years.  The  deferred vested benefit of general members in the uniformed
correction force of the New York city department of correction, who  are
not entitled to a deferred vested benefit under subdivision d of section
five  hundred  four-a  of this article or under subdivision d of section
five hundred four-b of this article or under subdivision  d  of  section
five  hundred  four-d  of  this  article,  or  of general members in the
uniformed personnel in institutions under jurisdiction of the department
of corrections and community supervision, as defined in subdivision i of
section eighty-nine of this chapter, with  less  than  twenty  years  of
credited  service shall be a pension commencing at normal retirement age
equal to one-sixtieth of final average salary times  years  of  credited
service.    Such  deferred  vested benefit may be paid in the form of an
early service retirement benefit, or may be postponed until after normal
retirement age, in which event the benefit will be subject to  reduction
or  escalation as provided in subdivision c of section five hundred four
of this article.  MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO
THOUSAND  TWELVE  SHALL NOT BE ENTITLED TO SUCH EARLY SERVICE RETIREMENT
BENEFIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SUBDIVISION SHALL  NOT  APPLY  TO  A  MEMBER  OF  THE
UNIFORMED  FORCE  OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO IS A
NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER.
  E. IN NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE  PAYABLE  WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH  RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
  S 24. Subdivision a of section 517 of the retirement and social  secu-
rity  law,  as  added  by chapter 890 of the laws of 1976, is amended to
read as follows:
  a. Members shall contribute three  percent  of  annual  wages  to  the
retirement  system  in  which  they  have membership, provided that such
contributions shall not be required for  more  than  thirty  years,  for
general  members,  or twenty-five years, for police/fire members, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF  THE  NEW  YORK  STATE  AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE,  MEMBERS  WITH WAGES OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS  WITH  WAGES
BETWEEN  THIRTY-TWO  THOUSAND  AND  ONE DOLLAR PER ANNUM AND SIXTY-THREE
THOUSAND DOLLARS PER ANNUM  SHALL  CONTRIBUTE  FIVE  PERCENT  OF  ANNUAL

S. 6255--A                         36                         A. 9055--A

WAGES,  AND  MEMBERS  WITH  WAGES ABOVE SIXTY-THREE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.    FOR  MEMBERS  WHO
FIRST  BECOME  MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM
ON  OR  AFTER  APRIL  FIRST,  TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF
FORTY-THREE THOUSAND DOLLARS PER ANNUM OR  LESS  SHALL  CONTRIBUTE  FOUR
PERCENT OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY-THREE THOUSAND
AND  ONE  DOLLAR  PER  ANNUM  AND EIGHTY-FIVE THOUSAND DOLLARS PER ANNUM
SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND  MEMBERS  WITH  WAGES
ABOVE  EIGHTY-FIVE  THOUSAND  DOLLARS  PER  ANNUM  SHALL  CONTRIBUTE SIX
PERCENT OF ANNUAL WAGES. FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW
YORK CITY POLICE PENSION FUND ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  MEMBERS  WITH  WAGES OF SIXTY-ONE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS  WITH  WAGES
BETWEEN  SIXTY-ONE  THOUSAND  AND  ONE  DOLLAR PER ANNUM AND ONE HUNDRED
TWENTY-TWO THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE  PERCENT  OF
ANNUAL  WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED TWENTY-TWO THOU-
SAND DOLLARS PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES. FOR
MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK  CITY  FIRE  DEPARTMENT
PENSION  FUND ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH
WAGES OF SIXTY-THREE THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE
FOUR PERCENT OF ANNUAL WAGES, MEMBERS  WITH  WAGES  BETWEEN  SIXTY-THREE
THOUSAND  AND  ONE  DOLLAR PER ANNUM AND ONE HUNDRED TWENTY-SIX THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE PERCENT  OF  ANNUAL  WAGES,  AND
MEMBERS  WITH  WAGES  ABOVE  ONE HUNDRED TWENTY-SIX THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES,  PROVIDED,  HOWEVER,
THAT  NEW  YORK  CITY  POLICE/FIRE  REVISED  PLAN MEMBERS, NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN  MEMBERS  AND  INVESTIGATOR
REVISED  PLAN  MEMBERS  SHALL NOT BE REQUIRED TO MAKE SUCH CONTRIBUTIONS
FOR MORE THAN TWENTY-FIVE YEARS.   The head of  each  retirement  system
shall  promulgate  such  regulations as may be necessary and appropriate
with respect to the deduction of such contribution from  members'  wages
and  for  the  maintenance  of any special fund or funds with respect to
amounts so contributed.
  S 25. Subdivision b of section 517-c  of  the  retirement  and  social
security  law, as amended by chapter 171 of the laws of 2011, is amended
to read as follows:
  b. A member of the New York  state  and  local  employees'  retirement
system,  the New York state and local police and fire retirement system,
the New York city employees' retirement system  or  the  New  York  city
board  of  education  retirement system in active service who has credit
for at least one year of member service may borrow, no  more  than  once
during  each  twelve  month period, an amount not exceeding seventy-five
percent of the total contributions made pursuant to section five hundred
seventeen OF THIS ARTICLE (including interest credited at the  rate  set
forth in subdivision c of such section five hundred seventeen compounded
annually)  and  not  less  than one thousand dollars, PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED PLAN MEMBER OR AN INVESTIGATOR
REVISED PLAN MEMBER.
  S 26. The retirement and social security law is amended  by  adding  a
new section 517-d to read as follows:
  S  517-D.  ADDITIONAL  EMPLOYEE  CONTRIBUTIONS  AND  REDUCED  EMPLOYEE
CONTRIBUTIONS. A. IN YEARS  IN  WHICH  THE  EMPLOYER  CONTRIBUTION  RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT  SYSTEM  WHO  FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS  SHALL

S. 6255--A                         37                         A. 9055--A

BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION  TO  THOSE  MADE  PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE  OF  THE  EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE  EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
  B. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST  BECAME  MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW FOUR PER CENTUM, THE  EMPLOYEE  CONTRIBUTIONS  MADE
PURSUANT  TO  SECTION  FIVE  HUNDRED  SEVENTEEN OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO.  IN  YEARS
IN  WHICH  EMPLOYEE  CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS  SHALL
INCREASE  BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
  C. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS  OF  THE  NEW  YORK  CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE  EXCEEDS  A  RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET,  SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION  TO  THOSE  MADE  PURSUANT  TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  D.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY  EMPLOYEES'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO  OTHER  SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION  RATE  DIVIDED  BY  TWO.  IN
YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  E.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK  CITY  POLICE  PENSION  FUND  WHO  FIRST  BECAME
MEMBERS  OF  SUCH  SYSTEM  ON  OR AFTER APRIL FIRST, TWO THOUSAND TWELVE
EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE  CITY  OF
NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF THE BUDG-
ET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS  OF  ANNUAL  WAGES  IN  ADDITION  TO THOSE MADE PURSUANT TO OTHER
SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING  FORMULA:  THE
DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETERMINED

S. 6255--A                         38                         A. 9055--A

BY  THE  BUDGET  DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL OF
THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO.  IN  YEARS  IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  F.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK  CITY  POLICE  PENSION  FUND  WHO  FIRST  BECAME
MEMBERS  OF  SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE IS
BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW
YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR  OF  THE  BUDGET,
THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO OTHER SECTIONS OF THIS CHAP-
TER  SHALL  BE  REDUCED  IN  ACCORDANCE  WITH THE FOLLOWING FORMULA: THE
DIFFERENCE OF A RATE TO BE DETERMINED BY THE  BUDGET  DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO.  IN  YEARS
IN  WHICH  EMPLOYEE  CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS  SHALL
INCREASE  BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
  G. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS  OF  THE  NEW  YORK  CITY FIRE DEPARTMENT PENSION FUND WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE  EXCEEDS  A  RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET,  SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION  TO  THOSE  MADE  PURSUANT  TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  H.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY FIRE  DEPARTMENT  PENSION  FUND  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO  OTHER  SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION  RATE  DIVIDED  BY  TWO.  IN
YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  S  27.  Paragraphs  4  and  5  of  subdivision a of section 600 of the
retirement and social security law, as amended by  chapter  370  of  the
laws  of  1996,  are  amended  and a new paragraph 6 is added to read as
follows:
  4. Members qualified for participation in the uniformed transit police
force plan or housing police force plan in the New York city  employees'
retirement [systems] SYSTEM; [and]

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  5.  Investigator  [member]  MEMBERS  of  the  New York city employees'
retirement system[.]; AND
  6.  MEMBERS  OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
SANITATION WHO JOIN OR REJOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON
OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  S 28. Subdivision l of section 601 of the retirement and social  secu-
rity  law,  as amended by section 5 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
  l. "Wages" shall mean regular compensation earned by  and  paid  to  a
member  by a public employer, except that for members who first join the
New York state and local employees' retirement system or  the  New  York
state  teachers'  retirement system on or after January first, two thou-
sand ten, overtime compensation paid in any year in excess of the  over-
time  ceiling,  as defined by this subdivision, shall not be included in
the  definition  of  wages.  "Overtime  compensation"  shall  mean,  for
purposes  of  this  section,  compensation  paid under any law or policy
under which employees are paid at a rate  greater  than  their  standard
rate  for  additional  hours  worked  beyond  those  required, including
compensation paid under section one hundred  thirty-four  of  the  civil
service  law and section ninety of the general municipal law. The "over-
time ceiling" shall mean fifteen thousand dollars per annum  on  January
first,  two  thousand ten, and shall be increased by three per cent each
year thereafter.  FOR MEMBERS WHO FIRST JOIN A PUBLIC RETIREMENT  SYSTEM
OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE FOLLOWING
ITEMS  SHALL  NOT  BE  INCLUDED  IN THE DEFINITION OF WAGES: 1. OVERTIME
COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID
AT A RATE GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL  HOURS  BEYOND
THAT  REQUIRED,  INCLUDING  SECTION ONE HUNDRED THIRTY-FOUR OF THE CIVIL
SERVICE LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, 2. WAGES IN
EXCESS OF THE ANNUAL SALARY PAID TO THE  GOVERNOR  PURSUANT  TO  SECTION
THREE  OF  ARTICLE FOUR OF THE STATE CONSTITUTION, 3.  LUMP SUM PAYMENTS
FOR DEFERRED COMPENSATION, SICK LEAVE,  ACCUMULATED  VACATION  OR  OTHER
CREDITS  FOR TIME NOT WORKED, 4. ANY FORM OF TERMINATION PAY, AND 5. ANY
ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
  S 29. Section 601 of the retirement and social security law is amended
by adding a new subdivision m to read as follows:
  M. "NEW YORK CITY REVISED PLAN MEMBER" SHALL MEAN A MEMBER OF THE  NEW
YORK  CITY  EMPLOYEES'  RETIREMENT  SYSTEM,  THE NEW YORK CITY TEACHERS'
RETIREMENT SYSTEM OR THE BOARD OF EDUCATION  RETIREMENT  SYSTEM  OF  THE
CITY  OF  NEW YORK WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE
ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  S 30. Subdivisions a, b and b-1 of section 602 of the  retirement  and
social  security  law,  subdivisions  a  and  b as separately amended by
section 6 of part B and section 1 of part C of chapter 504 of  the  laws
of  2009  and subdivision b-1 as added by section 2 of part C of chapter
504 of the laws of 2009, are amended to read as follows:
  a. Except as provided in subdivision b-1 of this section, a member who
first joins a public retirement system of this state on  or  after  July
first,  nineteen  hundred  seventy-six shall not be eligible for service
retirement benefits hereunder until such member has rendered  a  minimum
of  five years of credited service, except that a member who first joins
the New York state and local employees' retirement  system  or  the  New
York  state  teachers'  retirement system on or after January first, two
thousand ten shall not  be  eligible  for  service  retirement  benefits
pursuant to this article until such member has rendered a minimum of ten
years  of  credited  service.   A MEMBER WHO FIRST BECOMES A MEMBER OF A

S. 6255--A                         40                         A. 9055--A

PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSU-
ANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM  OF  TWELVE
YEARS OF CREDITED SERVICE.
  b. Except as provided in subdivision b-1 of this section, a member who
previously  was  a  member  of  a public retirement system of this state
shall not be eligible for service retirement  benefits  hereunder  until
such  member  has  rendered  a minimum of five years of service which is
credited pursuant to section six hundred nine of this article. A  member
who  first  joins  the  New  York  state and local employees' retirement
system or the New York state teachers' retirement  system  on  or  after
January  first,  two  thousand  ten  shall  not  be eligible for service
retirement benefits pursuant to  this  article  until  such  member  has
rendered a minimum of ten years of credited service.  A MEMBER WHO FIRST
BECOMES  A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE  SHALL  NOT  BE  ELIGIBLE  FOR  SERVICE
RETIREMENT  BENEFITS  PURSUANT  TO  THIS  ARTICLE  UNTIL SUCH MEMBER HAS
RENDERED A MINIMUM OF TWELVE YEARS OF CREDITED SERVICE.
  b-1. Notwithstanding the provisions of subdivision  a  or  b  of  this
section  or  any other provision of law to the contrary, (i) a member of
the New York city teachers'  retirement  system  who  holds  a  position
represented  by  the  recognized  teacher  organization  for  collective
bargaining purposes, and who became subject to the  provisions  of  this
article  after  the effective date of this subdivision, or (ii) a member
of the New York city board of education retirement system  who  holds  a
position  represented by the recognized teacher organization for collec-
tive bargaining purposes, and who became subject to  the  provisions  of
this  article after the effective date of this subdivision, shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of ten years of credited service, PROVIDED,  HOWEVER,
THAT  NO  SUCH  MEMBER OF EITHER OF SUCH RETIREMENT SYSTEMS WHO IS A NEW
YORK CITY REVISED PLAN MEMBER SHALL BE ELIGIBLE FOR  SERVICE  RETIREMENT
BENEFITS PURSUANT TO THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINI-
MUM OF TWELVE YEARS OF CREDITED SERVICE.
  S  31. Subdivision a of section 603 of the retirement and social secu-
rity law, as amended by section 7 of part B of chapter 504 of  the  laws
of  2009,  is  amended  and  a  new  subdivision a-1 is added to read as
follows:
  a.  The service retirement benefit specified in  section  six  hundred
four  of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment  of  age  sixty-
two,  other  than  members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred  four-d  of  this  article,  subdivision  c  of
section six hundred four-e of this article, subdivision c of section six
hundred  four-f  of  this  article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred  four-h  of
this  article  or  subdivision  c  of section six hundred four-i of this
article, provided, however, a member of a teachers' retirement system or
the New York state and local  employees'  retirement  system  who  first
joins such system before January first, two thousand ten or a member who
is  a  uniformed  court officer or peace officer employed by the unified
court system WHO FIRST BECOMES A MEMBER OF THE NEW YORK STATE AND  LOCAL
EMPLOYEES' RETIREMENT SYSTEM BEFORE APRIL FIRST, TWO THOUSAND TWELVE may
retire  without  reduction of his or her retirement benefit upon attain-

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ment of at least fifty-five years of age and  completion  of  thirty  or
more years of service, provided, however, that a uniformed court officer
or  peace officer employed by the unified court system who first becomes
a member of the New York state and local employees' retirement system on
or  after  January first, two thousand ten and retires without reduction
of his or her retirement benefit upon attainment of at least  fifty-five
years  of age and completion of thirty or more years of service pursuant
to this section shall be  required  to  make  the  member  contributions
required  by subdivision f of section six hundred thirteen of this arti-
cle for all years of credited and creditable service,  PROVIDED  FURTHER
THAT THE THE PRECEDING PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO
A NEW YORK CITY REVISED PLAN MEMBER.
  A-1.    FOR  MEMBERS  WHO FIRST BECOME A MEMBER OF A PUBLIC RETIREMENT
SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO  THOUSAND  TWELVE,  THE
SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION SIX HUNDRED FOUR OF THIS
ARTICLE  SHALL  BE  PAYABLE  TO MEMBERS WHO HAVE MET THE MINIMUM SERVICE
REQUIREMENTS UPON RETIREMENT AND HAVE ATTAINED AGE SIXTY-FIVE.
  S 32. Subdivision i of section 603 of the retirement and social  secu-
rity  law,  as amended by section 8 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
  i. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  MEMBERS  WHO
FIRST  BECOME  A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE.  1.  A  member  of  a  teachers'
retirement  system or the New York state and local employees' retirement
system who has met the minimum service requirements  but  who  has  less
than  thirty  years  of credited service or a member who first joins the
New York state and local employees' retirement system or  the  New  York
state  teachers'  retirement system on or after January first, two thou-
sand ten may retire prior to normal retirement age, but no earlier  than
attainment  of  age  fifty-five, in which event, unless such person is a
member of the New York city teachers' retirement system who is otherwise
eligible for early service  retirement  pursuant  to  subdivision  c  of
section  six  hundred  four-i  of this article, the amount of his or her
retirement benefit  otherwise  computed  without  optional  modification
shall  be  reduced  in  accordance with the following schedule:  (i) for
each of the first twenty-four full months that retirement  predates  age
sixty-two, one-half of one per centum per month; provided, however, that
for  members  who  first  join  the  New York state and local employees'
retirement system or the New York state teachers' retirement  system  on
or after January first, two thousand ten, such amounts shall be equal to
one-fifteenth per year; and
  (ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month; provided, however, that for members who
first  join the New York state and local employees' retirement system or
the New York state teachers'  retirement  system  on  or  after  January
first,  two  thousand  ten, such amounts shall be equal to one-twentieth
per year, but in no event shall retirement be permitted prior to attain-
ment of age fifty-five.
  2. A member of the New York city employees' retirement system  or  the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year  early  retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred  ninety-five),  or
(b)  a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section  six  hundred  four-d  of

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this  article,  or  (c)  a  New  York  city transit authority member, as
defined in paragraph one of subdivision a of section six hundred  four-b
of  this  article,  may  retire  prior  to normal retirement age, but no
earlier  than  attainment of age fifty-five, in which event, unless such
person is a member of the board of education retirement system  of  such
city  who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the  amount
of  his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
  (i) for each of the first  twenty-four  full  months  that  retirement
predates age sixty-two, one-half of one per centum per month; and
  (ii) for each full month that retirement predates age sixty, one-quar-
ter  of  one  per  centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
  S 33. Subdivision t of section 603 of the retirement and social  secu-
rity  law,  as added by section 8-a of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
  t. Members who join the New York state teachers' retirement system  on
or  after  January  first, two thousand ten, shall be eligible to retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-seven years of age and completion of thirty or more years of
service. Members who retire pursuant to the provisions of this  subdivi-
sion  shall  be  required  to  make the member contributions required by
subdivision g of section six hundred thirteen of this  article  for  all
years of credited and creditable service.  THE PROVISIONS OF THIS SUBDI-
VISION  SHALL  NOT APPLY TO MEMBERS WHO FIRST BECOME A MEMBER OF THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO
THOUSAND TWELVE.
  S 34. Section 604 of the retirement and social security law is amended
by adding a new subdivision b-1 to read as follows:
  B-1.    THE  SERVICE RETIREMENT BENEFIT FOR MEMBERS WHO FIRST BECOME A
MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE  STATE  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND TWELVE AT AGE SIXTY-FIVE SHALL BE A PENSION EQUAL TO
ONE-SIXTIETH  OF  FINAL  AVERAGE SALARY TIMES YEARS OF CREDITED SERVICE,
NOT IN EXCESS OF THIRTY YEARS. CREDITED  SERVICE  IN  EXCESS  OF  THIRTY
YEARS  SHALL  PROVIDE  AN ADDITIONAL RETIREMENT ALLOWANCE EQUAL TO THREE
TWO-HUNDREDTHS OF THE FINAL AVERAGE SALARY FOR  EACH  YEAR  OF  CREDITED
SERVICE  IN  EXCESS  OF THIRTY YEARS.   IN NO EVENT SHALL ANY RETIREMENT
BENEFIT PAYABLE WITHOUT OPTIONAL MODIFICATION BE LESS THAN THE  ACTUARI-
ALLY  EQUIVALENT  ANNUITIZED VALUE OF THE MEMBER'S CONTRIBUTIONS ACCUMU-
LATED WITH INTEREST AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE
DATE OF RETIREMENT.
  S 35. Paragraph 1 of subdivision d of section 604-b of the  retirement
and  social  security law, as amended by chapter 10 of the laws of 2000,
is amended to read as follows:
  1. A participant in the twenty-five-year and age fifty-five retirement
program who:
  (i) discontinues city-service and service as a member of the New  York
city transit authority other than by death or retirement; and
  (ii)  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, prior to such discontinuance, completed five but less  than
twenty-five  years  of allowable service in the transit authority OR, IN
THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,
HAS  COMPLETED  TWELVE  BUT  LESS  THAN  TWENTY-FIVE  YEARS OF ALLOWABLE
SERVICE IN THE TRANSIT AUTHORITY PRIOR TO SUCH DISCONTINUANCE; and

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  (iii) has paid, prior to such discontinuance,  all  additional  member
contributions  and  interest,  if any, required by subdivision e of this
section; and
  (iv)  does  not  withdraw  in  whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred thirteen of this article; shall be entitled  to
receive  a  deferred  vested  benefit as provided in section six hundred
twelve of this article.
  S 36. Subparagraph (ii) of paragraph 3 of  subdivision  d  of  section
604-b of the retirement and social security law, as added by chapter 352
of the laws of 1997, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 37. Subdivision b of section 604-c  of  the  retirement  and  social
security  law, as added by chapter 96 of the laws of 1995, is amended by
adding a new paragraph 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SUBDIVISION  OR  ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE  PROVISIONS  OF  THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE A PARTICIPANT IN THE TWENTY-FIVE-YEAR  EARLY  RETIRE-
MENT PROGRAM.
  S  38. Paragraph 1 of subdivision d of section 604-c of the retirement
and social security law, as amended by chapter 659 of the laws of  1999,
is amended to read as follows:
  1. A participant in the twenty-year/age fifty retirement program who:
  (i)  discontinues  service  as  a Triborough bridge and tunnel member,
other than by death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER, prior to such discontinuance, completed five but less than
twenty years of credited service OR, IN THE CASE OF A PARTICIPANT WHO IS
A NEW YORK CITY REVISED PLAN MEMBER, HAS COMPLETED TWELVE BUT LESS  THAN
TWENTY YEARS OF CREDITED SERVICE; and
  (iii)  has  paid,  prior to such discontinuance, all additional member
contributions and interest (if any) required by subdivision  e  of  this
section; and
  (iv)  does  not  withdraw  in  whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  39.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-c of the retirement and social security law, as added by chapter 472
of the laws of 1995, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.

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  S  40.  Subdivision  c  of  section 604-d of the retirement and social
security law is amended by  adding  a  new  paragraph  3-a  to  read  as
follows:
  3-A.    NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE  DATE  OF  THIS
PARAGRAPH  SHALL  BE  A  PARTICIPANT  IN  THE AGE FIFTY-SEVEN RETIREMENT
PROGRAM.
  S 41. Paragraph 1 of subdivision d of section 604-e of the  retirement
and social security law, as added by chapter 576 of the laws of 2000, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i)  who  discontinues  service  as  such a participant, other than by
death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER,  who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as a dispatcher  member  OR,
IN THE CASE OF A PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER,
WHO  PRIOR  TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWEN-
TY-FIVE YEARS OF ALLOWABLE SERVICE AS A DISPATCHER MEMBER; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to  such  discontinuance,  all  addi-
tional  member  contributions and interest (if any) required by subdivi-
sion e of this section; and
  (iv) who does not withdraw in whole or in part his or her  accumulated
member  contributions  pursuant  to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together  with  interest,  pursuant  to
such  section  six  hundred  thirteen;  shall  be  entitled to receive a
deferred vested benefit as provided in this subdivision.
  S 42. Subparagraph (ii) of paragraph 2 of  subdivision  d  of  section
604-e of the retirement and social security law, as added by chapter 576
of the laws of 2000, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 43. Paragraph 1 of subdivision d of section 604-e of the  retirement
and social security law, as added by chapter 577 of the laws of 2000, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i)  who  discontinues  service  as  such a participant, other than by
death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER,  who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as an EMT member OR, IN  THE
CASE  OF  A  PARTICIPANT WHO IS A NEW YORK CITY REVISED PLAN MEMBER, WHO
PRIOR TO SUCH DISCONTINUANCE, COMPLETED TWELVE BUT LESS THAN TWENTY-FIVE
YEARS OF ALLOWABLE SERVICE AS AN EMT MEMBER; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to  such  discontinuance,  all  addi-
tional  member  contributions and interest (if any) required by subdivi-
sion e of this section; and

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  (iv) who does not withdraw in whole or in part his or her  accumulated
member  contributions  pursuant  to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together  with  interest,  pursuant  to
such  section  six  hundred  thirteen;  shall  be  entitled to receive a
deferred vested benefit as provided in this subdivision.
  S 44. Subparagraph (ii) of paragraph 2 of  subdivision  d  of  section
604-e of the retirement and social security law, as added by chapter 577
of the laws of 2000, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 45. Paragraph 1 of subdivision d of section 604-f of the  retirement
and social security law, as added by chapter 559 of the laws of 2001, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i)  who  discontinues  service  as  such a participant, other than by
death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER,  who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A  PARTIC-
IPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT  LESS  THAN  TWENTY-FIVE  YEARS  OF
CREDITED SERVICE; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e  of  this  section,  has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required  by  subdivi-
sion e of this section; and
  (iv)  who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  46.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-f of the retirement and social security law, as added by chapter 559
of the laws of 2001, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S  47. Paragraph 1 of subdivision d of section 604-f of the retirement
and social security law, as added by chapter 582 of the laws of 2001, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i) who discontinues service as such  a  participant,  other  than  by
death or retirement; and
  (ii)  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, who prior to such discontinuance, completed five  but  less
than  twenty-five years of allowable service as a special officer, park-
ing control specialist, school safety agent,  campus  peace  officer  or

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taxi and limousine inspector member OR, IN THE CASE OF A PARTICIPANT WHO
IS  A  NEW  YORK  CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH DISCONTIN-
UANCE, COMPLETED TWELVE BUT LESS THAN  TWENTY-FIVE  YEARS  OF  ALLOWABLE
SERVICE  AS A SPECIAL OFFICER, PARKING CONTROL SPECIALIST, SCHOOL SAFETY
AGENT, CAMPUS PEACE OFFICER OR TAXI AND LIMOUSINE INSPECTOR MEMBER; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to  such  discontinuance,  all  addi-
tional  member  contributions and interest, if any, required by subdivi-
sion e of this section; and
  (iv) who does not withdraw in whole or in part his or her  accumulated
member  contributions  pursuant  to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together  with  interest,  pursuant  to
such  section  six  hundred  thirteen;  shall  be  entitled to receive a
deferred vested benefit as provided in this subdivision.
  S 48. Subparagraph (ii) of paragraph 2 of  subdivision  d  of  section
604-f of the retirement and social security law, as added by chapter 582
of the laws of 2001, is amended to read as follows:
  (ii)  [Such]  IN  THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY
REVISED PLAN MEMBER, SUCH vested benefit shall  become  payable  on  the
earliest  date  on which such discontinued member could have retired for
service if such discontinuance had not occurred OR, IN  THE  CASE  OF  A
PARTICIPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, SUCH VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S 49. Paragraph 1 of subdivision d of section 604-g of the  retirement
and social security law, as added by chapter 414 of the laws of 2002, is
amended to read as follows:
  1. A participant in the twenty-five year/age fifty retirement program:
  (i)  who  discontinues  service  as  such a participant, other than by
death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER,  who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A  PARTIC-
IPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT  LESS  THAN  TWENTY-FIVE  YEARS  OF
CREDITED SERVICE; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e  of  this  section,  has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required  by  subdivi-
sion e of this section; and
  (iv)  who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  50.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-g of the retirement and social security law, as added by chapter 414
of the laws of 2002, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.

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  S  51. Paragraph 1 of subdivision d of section 604-h of the retirement
and social security law, as added by chapter 682 of the laws of 2003, is
amended to read as follows:
  1. A participant in the twenty-five year retirement program:
  (i)  who  discontinues  service  as  such a participant, other than by
death or retirement; and
  (ii) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
PLAN  MEMBER,  who prior to such discontinuance, completed five but less
than twenty-five years of credited service OR, IN THE CASE OF A  PARTIC-
IPANT  WHO  IS  A  NEW  YORK CITY REVISED PLAN MEMBER, WHO PRIOR TO SUCH
DISCONTINUANCE, COMPLETED TWELVE BUT  LESS  THAN  TWENTY-FIVE  YEARS  OF
CREDITED SERVICE; and
  (iii) who, subject to the provisions of paragraph seven of subdivision
e  of  this  section,  has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required  by  subdivi-
sion e of this section; and
  (iv)  who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred  thirteen  of  this
article unless such participant thereafter returns to public service and
repays  the  amounts  so  withdrawn, together with interest, pursuant to
such section six hundred  thirteen;  shall  be  entitled  to  receive  a
deferred vested benefit as provided in this subdivision.
  S  52.  Subparagraph  (ii)  of paragraph 2 of subdivision d of section
604-h of the retirement and social security law, as added by chapter 682
of the laws of 2003, is amended to read as follows:
  (ii) [Such] IN THE CASE OF A PARTICIPANT WHO IS NOT A  NEW  YORK  CITY
REVISED  PLAN  MEMBER,  SUCH  vested benefit shall become payable on the
earliest date on which such discontinued member could have  retired  for
service  if  such  discontinuance  had not occurred OR, IN THE CASE OF A
PARTICIPANT WHO IS A NEW YORK CITY  REVISED  PLAN  MEMBER,  SUCH  VESTED
BENEFIT SHALL BECOME PAYABLE AT AGE SIXTY-FIVE.
  S  53.  Subdivision  b  of  section 604-i of the retirement and social
security law is amended by  adding  a  new  paragraph  5-a  to  read  as
follows:
  5-A.    NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO MEMBER WHO BECOMES SUBJECT TO
THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE  DATE  OF  THIS
PARAGRAPH  SHALL  BE  A  PARTICIPANT  IN  THE  AGE FIFTY-FIVE RETIREMENT
PROGRAM.
  S 54. Subdivisions a, b, c and d of section 608 of the retirement  and
social security law, subdivision a as amended by chapter 379 of the laws
of  1986,  subdivisions b and c as amended by chapter 286 of the laws of
2010 and subdivision d as added by chapter 749 of the laws of 1992,  are
amended to read as follows:
  a.  [A]  FOR  MEMBERS  WHO FIRST BECOME MEMBERS OF A PUBLIC RETIREMENT
SYSTEM OF THE STATE BEFORE APRIL FIRST, TWO THOUSAND TWELVE, A  member's
final  average salary shall be the average wages earned by such a member
during any three consecutive years which  provide  the  highest  average
wage; provided, however, if the wages earned during any year included in
the  period  used  to determine final average salary exceeds that of the
average of the previous two years by more than ten percent,  the  amount
in excess of ten percent shall be excluded from the computation of final
average  salary.    FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT  SYSTEM  OR  THE  NEW  YORK  STATE
TEACHERS'  RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND
TWELVE, A MEMBER'S FINAL AVERAGE  SALARY  SHALL  BE  THE  AVERAGE  WAGES

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EARNED  BY  SUCH  MEMBER DURING ANY FIVE CONSECUTIVE YEARS WHICH PROVIDE
THE HIGHEST AVERAGE WAGE; PROVIDED, HOWEVER, IF THE WAGES EARNED  DURING
ANY  YEAR  INCLUDED IN THE PERIOD USED TO DETERMINE FINAL AVERAGE SALARY
EXCEEDS  THAT  OF  THE  AVERAGE  OF THE PREVIOUS FOUR YEARS BY MORE THAN
EIGHT PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL  BE  EXCLUDED
FROM  THE  COMPUTATION OF FINAL AVERAGE SALARY. Where the period used to
determine final average salary is the period which immediately  precedes
the  date  of  retirement, any month or months (not in excess of twelve)
which would otherwise be included in computing final average salary  but
during  which  the  member was on authorized leave of absence at partial
pay or without pay shall be excluded from the computation of final aver-
age salary and the month  or  an  equal  number  of  months  immediately
preceding such period shall be substituted in lieu thereof.
  b.  Notwithstanding  the  provisions of subdivision a of this section,
with respect to members WHO FIRST BECAME MEMBERS of the New  York  state
AND  LOCAL  employees' retirement system and the New York city teachers'
retirement system BEFORE APRIL FIRST, TWO THOUSAND  TWELVE,  a  member's
final  average  salary  shall be equal to one-third of the highest total
wages earned by such member during any continuous period  of  employment
for  which  the  member was credited with three years of service credit;
provided, however, if the wages  earned  during  any  year  of  credited
service  included  in  the period used to determine final average salary
exceeds the average of the wages of the previous two years  of  credited
service  by  more  than ten percent, the amount in excess of ten percent
shall be excluded from the computation of  final  average  salary.  WITH
RESPECT  TO  MEMBERS  WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM  AND  THE  NEW  YORK  CITY  TEACHERS'
RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL  FIRST,  TWO THOUSAND TWELVE, A
MEMBER'S FINAL AVERAGE SALARY SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST
TOTAL WAGES EARNED BY  SUCH  MEMBER  DURING  ANY  CONTINUOUS  PERIOD  OF
EMPLOYMENT  FOR WHICH THE MEMBER WAS CREDITED WITH FIVE YEARS OF SERVICE
CREDIT; PROVIDED, HOWEVER, IF THE WAGES EARNED DURING ANY YEAR OF  CRED-
ITED  SERVICE  INCLUDED  IN  THE  PERIOD USED TO DETERMINE FINAL AVERAGE
SALARY EXCEEDS THE AVERAGE OF THE WAGES OF THE PREVIOUS  FOUR  YEARS  OF
CREDITED  SERVICE  BY  MORE  THAN EIGHT PERCENT, THE AMOUNT IN EXCESS OF
EIGHT PERCENT SHALL BE EXCLUDED FROM THE COMPUTATION  OF  FINAL  AVERAGE
SALARY.
  c.  Notwithstanding  the  provisions  of  subdivisions a and b of this
section, the final average salary of an employee who has been  a  member
of  the  New York city employees' retirement system or the New York city
teachers' retirement system for less than one year shall be the project-
ed one year salary, with the  calculation  based  upon  a  twelve  month
projection  of  the sums earned in the portion of the year worked.  If a
member has been employed for more than one year but less than two years,
then the member's final average salary shall be the average of the first
year and projected second  year  earnings  based  upon  the  calculation
above,  and if more than two years, but less than three years, then one-
third the total of the first two years of employment plus the  projected
third year's earnings, calculated as indicated above, PROVIDED THAT THIS
SUBDIVISION  SHALL  NOT  APPLY TO A NEW YORK CITY REVISED PLAN MEMBER OF
THE NEW YORK CITY EMPLOYEES'  RETIREMENT  SYSTEM  OR  A  NEW  YORK  CITY
REVISED PLAN MEMBER OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM.
  d.  Subject  to  the  provisions of subdivision c of this section, and
notwithstanding the provisions of subdivision a of  this  section,  with
respect to members of the New York city employees' retirement system and
the  New  York city board of education retirement system who are subject

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to the provisions of this article, a member's final average salary shall
be determined pursuant to the provisions of paragraph fourteen of SUBDI-
VISION E OF section 13-638.4 of the administrative code of the  city  of
New  York, PROVIDED, HOWEVER, THAT THE APPLICABLE PROVISIONS AND LIMITA-
TIONS OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L  OF  SECTION  SIX
HUNDRED ONE OF THIS ARTICLE, SHALL APPLY TO SUCH DETERMINATIONS OF FINAL
AVERAGE SALARY.
  S  55.  Paragraph  2 of subdivision b of section 609 of the retirement
and social security law, as amended by section 8-c of part B of  chapter
504 of the laws of 2009, is amended to read as follows:
  2.  Previous  service  credit  shall not be granted unless such member
applies therefor and repays the amount refunded by a  public  retirement
system  of  the  state  for  service rendered after July first, nineteen
hundred seventy-six together with interest through the date of repayment
at the rate of five percent per  annum  compounded  annually  and  three
percent of the wages earned for service prior to that date together with
interest  from July first, nineteen hundred seventy-six through the date
of payment at the rate of five percent per annum compounded annually and
three percent of the wages earned for service which predates the date of
entry into the retirement system together with interest at the  rate  of
five percent per annum compounded annually from the date of such service
until  the  date  of payment. Anything in this paragraph to the contrary
notwithstanding, in order to obtain credit for previous service, members
who first join the New York state  teachers'  retirement  system  on  or
after  January  first,  two  thousand  ten  shall pay three and one-half
percent of wages earned for service which predates  the  date  of  entry
into  the  retirement  system together with interest at the rate of five
percent per annum compounded annually from  the  date  of  such  service
until  the  date of payment.  ANYTHING IN THIS PARAGRAPH TO THE CONTRARY
NOTWITHSTANDING, IN ORDER TO OBTAIN CREDIT FOR PREVIOUS SERVICE, MEMBERS
WHO FIRST JOIN A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE SHALL PAY SIX PERCENT  OF  WAGES  EARNED  FOR
SERVICE  WHICH  PREDATES  THE  DATE  OF ENTRY INTO THE RETIREMENT SYSTEM
TOGETHER WITH INTEREST AT THE RATE OF FIVE PERCENT PER ANNUM  COMPOUNDED
ANNUALLY FROM THE DATE OF SUCH SERVICE UNTIL THE DATE OF PAYMENT.
  S 56. Section 609 of the retirement and social security law is amended
by adding a new subdivision h to read as follows:
  H.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NEW
YORK CITY REVISED PLAN MEMBER SHALL NOT RECEIVE SERVICE CREDIT  FOR  ANY
UNDOCUMENTED SICK LEAVE THAT MAY BE CREDITED TOWARD TERMINAL LEAVE.
  S  57.  Subdivisions  a  and  a-1 of section 612 of the retirement and
social security law, subdivision a as separately amended by section 9 of
part B and section 3 of part C of chapter 504 of the laws  of  2009  and
subdivision  a-1  as  added by section 4 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
  a. Except as provided in subdivision a-1 of this section, a member who
has five or more years of credited service, or  ten  or  more  years  of
credited  service  for  a member who first joined the New York state and
local employees' retirement system  or  the  New  York  state  teachers'
retirement  system  on  or  after  January first, two thousand ten, upon
termination of employment, other than a member  who  is  entitled  to  a
deferred vested benefit pursuant to any other provision of this article,
shall  be entitled to a deferred vested benefit at normal retirement age
computed in accordance with the provisions of section six  hundred  four
of  this article. Except as provided in subdivision a-1 of this section,
a member of a teachers' retirement system or  the  New  York  state  and

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local employees' retirement system who has five or more years of credit-
ed  service,  or  ten or more years of credited service for a member who
first becomes a member of  the  New  York  state  and  local  employees'
retirement  system  or the New York state teachers' retirement system on
or after January first, two thousand ten, upon termination of employment
shall be entitled to a deferred vested benefit prior to  normal  retire-
ment  age,  but  no  earlier than age fifty-five, computed in accordance
with the provisions of subdivision i of section  six  hundred  three  of
this  article  AS  AMENDED  BY  SECTION  EIGHT OF PART B OF CHAPTER FIVE
HUNDRED FOUR OF THE LAWS OF TWO THOUSAND NINE.  ANYTHING TO THE CONTRARY
NOTWITHSTANDING, A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME A MEMBER OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO  THOU-
SAND TWELVE MUST HAVE AT LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER
TO QUALIFY FOR A DEFERRED VESTED BENEFIT UNDER THIS SECTION; SUCH MEMBER
SHALL  NOT  BE ENTITLED TO SUCH BENEFIT PRIOR TO THE MEMBER'S ATTAINMENT
OF AGE SIXTY-FIVE; AND SUCH DEFERRED VESTED BENEFIT  SHALL  BE  COMPUTED
PURSUANT TO SUBDIVISION B-1 OF SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
  a-1.  Notwithstanding  the provisions of subdivision a of this section
or any other provision of law to the contrary, (i) a member of  the  New
York  city  teachers' retirement system who holds a position represented
by  the  recognized  teacher  organization  for  collective   bargaining
purposes, who became subject to the provisions of this article after the
effective  date  of  this  subdivision, and who has ten or more years of
credited service, or (ii) a member of the New York city board of  educa-
tion  retirement  system  who holds a position represented by the recog-
nized teacher  organization  for  collective  bargaining  purposes,  who
became  subject  to  the  provisions of this article after the effective
date of this subdivision, and who has ten  or  more  years  of  credited
service,  other  than such a member of either of such retirement systems
who is entitled to a deferred  vested  benefit  pursuant  to  any  other
provision  of  this  article,  shall, upon termination of employment, be
entitled to a deferred vested benefit at normal retirement age  computed
in  accordance  with  the provisions of section six hundred four of this
article.   Notwithstanding the  provisions  of  subdivision  a  of  this
section  or  any other provision of law to the contrary, a member of the
New York city teachers' retirement system who holds a  position  repres-
ented  by  the recognized teacher organization for collective bargaining
purposes, who became subject to the provisions of this article after the
effective date of this subdivision, and who has ten  or  more  years  of
credited  service, shall, upon termination of employment, be entitled to
a deferred vested benefit prior to normal retirement age, but no earlier
than age fifty-five, computed  in  accordance  with  the  provisions  of
subdivision  i  of  section six hundred three of this article, PROVIDED,
HOWEVER, THAT ANY SUCH MEMBER OF EITHER OF SUCH RETIREMENT  SYSTEMS  WHO
IS  A  NEW  YORK  CITY  REVISED PLAN MEMBER SHALL BE REQUIRED TO HAVE AT
LEAST TWELVE YEARS OF CREDITED SERVICE IN ORDER TO  BE  ELIGIBLE  FOR  A
DEFERRED VESTED BENEFIT, SUCH MEMBER SHALL NOT BE ENTITLED TO PAYABILITY
OF  SUCH BENEFIT PRIOR TO ATTAINMENT OF AGE SIXTY-FIVE AND SUCH DEFERRED
VESTED BENEFIT SHALL BE COMPUTED PURSUANT TO SUBDIVISION B-1 OF  SECTION
SIX HUNDRED FOUR OF THIS ARTICLE.
  S  58. Paragraphs 1 and 2 of subdivision a and subdivisions c, f and g
of section 613 of the retirement and social security law, paragraph 1 of
subdivision a as amended and paragraph 2 of subdivision a  as  added  by
chapter  10 of the laws of 2000, subdivision c as amended by chapter 389
of the laws of 1998 and subdivisions f and g as added by section 9-a  of

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part  B  of  chapter  504  of  the  laws of 2009, are amended to read as
follows:
  1.  Except  as  provided by paragraph two of this subdivision, members
shall contribute three percent of annual wages to the retirement  system
in  which they have membership, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM  ON
OR  AFTER  APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES OF THIR-
TY-TWO THOUSAND DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR  PERCENT
OF  ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND AND ONE
DOLLAR PER ANNUM  AND  SIXTY-THREE  THOUSAND  DOLLARS  PER  ANNUM  SHALL
CONTRIBUTE  FIVE  PERCENT  OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
SIXTY-THREE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX  PERCENT  OF  ANNUAL
WAGES.    FOR  MEMBERS  WHO  FIRST  BECOME  MEMBERS OF THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM ON  OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  MEMBERS WITH WAGES OF FORTY-THREE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS  WITH  WAGES
BETWEEN  FORTY-THREE  THOUSAND  AND ONE DOLLAR PER ANNUM AND EIGHTY-FIVE
THOUSAND DOLLARS PER ANNUM  SHALL  CONTRIBUTE  FIVE  PERCENT  OF  ANNUAL
WAGES, AND MEMBERS WITH WAGES ABOVE EIGHTY-FIVE THOUSAND PER ANNUM SHALL
CONTRIBUTE  SIX  PERCENT  OF  ANNUAL WAGES. FOR MEMBERS WHO FIRST BECOME
MEMBERS OF THE NEW YORK CITY TEACHERS' RETIREMENT  SYSTEM  ON  OR  AFTER
APRIL  FIRST,  TWO  THOUSAND  TWELVE,  MEMBERS WITH WAGES OF FORTY-SEVEN
THOUSAND DOLLARS PER ANNUM OR LESS  SHALL  CONTRIBUTE  FOUR  PERCENT  OF
ANNUAL  WAGES,  MEMBERS  WITH WAGES BETWEEN FORTY SEVEN THOUSAND AND ONE
DOLLAR PER ANNUM  AND  NINETY-FOUR  THOUSAND  DOLLARS  PER  ANNUM  SHALL
CONTRIBUTE  FIVE  PERCENT  OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
NINETY-FOUR THOUSAND PER ANNUM SHALL CONTRIBUTE SIX  PERCENT  OF  ANNUAL
WAGES.  FOR  MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM ON OR AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  MEMBERS  WITH WAGES OF TWENTY-SIX THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS  WITH  WAGES
BETWEEN TWENTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM AND FIFTY-TWO THOU-
SAND  DOLLARS  PER  ANNUM SHALL CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES,
AND MEMBERS WITH WAGES ABOVE FIFTY-TWO THOUSAND PER ANNUM SHALL CONTRIB-
UTE SIX PERCENT OF ANNUAL WAGES.   The head of  each  retirement  system
shall  promulgate  such  regulations as may be necessary and appropriate
with respect to the deduction of such contribution from  members'  wages
and  for  the  maintenance  of any special fund or funds with respect to
amounts so contributed.
  2. A member of the New York city employees' retirement system  who  is
eligible  to be a participant in the twenty-five-year and age fifty-five
retirement program, as defined by paragraph five  of  subdivision  a  of
section  six hundred four-b of this article shall contribute two percent
of annual wages to such system effective on the  starting  date  of  the
elimination  of  additional  member  contributions,  as  defined  in  an
election made pursuant to paragraph ten of subdivision e of section  six
hundred four-b of this article, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME
MEMBERS  OF  THE  NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE,  MEMBERS  WITH  WAGES  OF  FORTY-THREE
THOUSAND  DOLLARS  PER  ANNUM  OR  LESS SHALL CONTRIBUTE FOUR PERCENT OF
ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN FORTY-THREE  THOUSAND  AND  ONE
DOLLAR  PER  ANNUM  AND  EIGHTY-FIVE  THOUSAND  DOLLARS  PER ANNUM SHALL
CONTRIBUTE FIVE PERCENT OF ANNUAL WAGES, AND MEMBERS  WITH  WAGES  ABOVE
EIGHTY-FIVE  THOUSAND  PER  ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL
WAGES.

S. 6255--A                         52                         A. 9055--A

  c. Notwithstanding any other provision  of  law  to  the  contrary,  a
person  whose  membership  in  a public retirement system has terminated
other than as a result of transfer, retirement or death, or a member  of
a  public  retirement  system  who is not vested and not entitled to any
other  benefit from such system under this article, and who no longer is
employed by a participating employer of such public retirement system in
a position upon which his or her membership is based, may  withdraw  his
or her member contributions by filing a written demand for withdrawal of
contributions  and  membership pursuant to rules and regulations promul-
gated by the public retirement system of which he or she  is  a  member.
Upon the death of a person whose membership previously terminated due to
lack  of  credited  service  and  who did not withdraw his or her member
contributions, or upon the death of a member, provided a  death  benefit
pursuant  to  section six hundred seven of this article is not paid, the
member contributions of such person shall be refunded to such person  as
he  or  she  shall  have nominated to receive a death benefit by written
designation duly executed and filed with the  public  retirement  system
or,  in  the  absence  of  such  designation,  to his or her estate. For
purposes of such refunds, interest shall be credited at the rate of five
percent per annum compounded annually to  the  date  of  termination  of
membership.  Provided,  however,  if a death benefit is paid pursuant to
section six hundred seven of this article, such benefit shall be in lieu
of the refund of such contributions pursuant to this subdivision, howev-
er, in no event shall such death benefit be less than the amount payable
pursuant to this subdivision. Notwithstanding the above,  or  any  other
provision  of  law  to  the contrary, a member may, upon separation from
service of the state or a participating employer, withdraw  his  or  her
member  contributions  pursuant to the applicable provision of law until
such date as such individual has accrued ten years of  credited  service
in  such  system.  However,  the withdrawal of contributions pursuant to
this section by an individual who has accrued at  least  five  years  of
creditable  service shall terminate his or her membership and all rights
in such retirement system in the same manner as withdrawal  of  contrib-
utions  would  terminate  the  membership  of  an individual who has not
attained vested status. Nothing in this section shall  be  construed  as
permitting an individual who has accrued at least ten years of credit in
a retirement system to withdraw member contributions, OR TWELVE YEARS OF
CREDIT  IN A PUBLIC RETIREMENT SYSTEM OF THE STATE FOR MEMBERS WHO FIRST
BECOME MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE  ON  OR  AFTER
APRIL FIRST, TWO THOUSAND TWELVE.
  f.  Anything in subdivision a of this section to the contrary notwith-
standing a member employed as a uniformed court officer or peace officer
in the unified court system who first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall contribute four percent of annual wages to the New York state  and
local  employees'  retirement  system, EXCEPT THAT FOR MEMBERS WHO FIRST
BECOME MEMBERS OF THE NEW YORK STATE  AND  LOCAL  EMPLOYEES'  RETIREMENT
SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, MEMBERS WITH WAGES
OF THIRTY-TWO THOUSAND DOLLARS PER ANNUM OR LESS SHALL  CONTRIBUTE  FOUR
PERCENT  OF ANNUAL WAGES, MEMBERS WITH WAGES BETWEEN THIRTY-TWO THOUSAND
AND DOLLAR PER ANNUM AND SIXTY-THREE THOUSAND DOLLARS  PER  ANNUM  SHALL
CONTRIBUTE  FIVE  PERCENT  OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE
SIXTY-THREE THOUSAND PER ANNUM SHALL CONTRIBUTE SIX  PERCENT  OF  ANNUAL
WAGES.  The  head  of the New York state and local employees' retirement
system shall promulgate such regulations as may be necessary and  appro-
priate  with respect to the deduction of such contribution from members'

S. 6255--A                         53                         A. 9055--A

wages and for the maintenance of any special fund or funds with  respect
to amounts so contributed.
  g.  Members  who  first  join  the New York state teachers' retirement
system on or after January first,  two  thousand  ten  shall  contribute
three  and one-half percent of annual wages to the New York state teach-
ers' retirement system, EXCEPT THAT FOR MEMBERS WHO FIRST BECOME MEMBERS
OF THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL
FIRST,  TWO  THOUSAND TWELVE, MEMBERS WITH WAGES OF THIRTY-FIVE THOUSAND
DOLLARS PER ANNUM OR LESS SHALL CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES,
MEMBERS WITH WAGES BETWEEN THIRTY-FIVE THOUSAND AND ONE DOLLAR PER ANNUM
AND SIXTY-NINE THOUSAND DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE  PERCENT
OF  ANNUAL  WAGES,  AND MEMBERS WITH WAGES ABOVE SIXTY-NINE THOUSAND PER
ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.  The head of the New
York state teachers' retirement system shall promulgate such regulations
as may be necessary and appropriate with respect  to  the  deduction  of
such  contribution  from  members'  wages and for the maintenance of any
special fund or funds with respect to amounts so contributed.
  S 59. The retirement and social security law is amended  by  adding  a
new section 613-c to read as follows:
  S  613-C.  ADDITIONAL  EMPLOYEE  CONTRIBUTIONS  AND  REDUCED  EMPLOYEE
CONTRIBUTIONS. A. IN YEARS  IN  WHICH  THE  EMPLOYER  CONTRIBUTION  RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT  SYSTEM  WHO  FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS  SHALL
BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF ANNUAL WAGES IN
ADDITION  TO  THOSE  MADE  PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE  OF  THE  EMPLOYER
CONTRIBUTION RATE AND SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH
ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDIVISION,
THE  EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS SHALL BE REDUCED
BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.
  B. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO
FIRST  BECAME  MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW FOUR PER CENTUM, THE  EMPLOYEE  CONTRIBUTIONS  MADE
PURSUANT  TO  SECTION  SIX  HUNDRED  THIRTEEN  OF  THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY TWO.  IN  YEARS
IN  WHICH  EMPLOYEE  CONTRIBUTIONS ARE REDUCED PURSUANT TO THIS SUBDIVI-
SION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS  SHALL
INCREASE  BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSUANT TO
THIS SUBDIVISION.
  C. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION  RATE  ASSOCIATED  WITH
MEMBERS  OF  THE  NEW  YORK  STATE TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE, EXCEEDS SEVEN PER CENTUM, SUCH MEMBERS SHALL BE REQUIRED TO MAKE
ADDITIONAL  EMPLOYEE  CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE
MADE PURSUANT TO OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE  WITH  THE
FOLLOWING  FORMULA: THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND
SEVEN PER CENTUM DIVIDED BY TWO. IN YEARS IN WHICH  ADDITIONAL  EMPLOYEE
CONTRIBUTIONS  ARE  MADE  PURSUANT  TO  THIS  SUBDIVISION,  THE EMPLOYER
CONTRIBUTION RATE TO BE PAID BY EMPLOYERS ON THE SALARIES OF MEMBERS WHO
FIRST BECAME MEMBERS OF THE NEW YORK STATE TEACHERS'  RETIREMENT  SYSTEM
ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND TWELVE SHALL BE REDUCED BY THE
VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIBUTIONS.

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  D. IN YEARS IN WHICH THE EMPLOYER CONTRIBUTION  RATE  ASSOCIATED  WITH
MEMBERS  OF  THE  NEW  YORK  STATE TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  IS  BELOW  FOUR  PER CENTUM, THE EMPLOYEE CONTRIBUTIONS MADE BY
SUCH  EMPLOYEES PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE
SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA:  THE  DIFFER-
ENCE  OF  FOUR  PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE DIVIDED BY
TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE  REDUCED  PURSUANT  TO
THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
ON  THE  SALARIES  OF  MEMBERS  WHO FIRST BECAME MEMBERS OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO  THOUSAND
TWELVE  SHALL  BE  REDUCED  BY  THE  VALUE  OF  SUCH ADDITIONAL EMPLOYEE
CONTRIBUTIONS.
  E. IN YEARS IN WHICH THE  EMPLOYER  CONTRIBUTION  RATE  APPLICABLE  TO
MEMBERS  OF  THE  NEW  YORK  CITY EMPLOYEES' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE  EXCEEDS  A  RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR THE
CITY OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK  STATE  DIRECTOR  OF
THE  BUDGET,  SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE
CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION  TO  THOSE  MADE  PURSUANT  TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  F.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY  EMPLOYEES'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO  OTHER  SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION  RATE  DIVIDED  BY  TWO.  IN
YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  G.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK  CITY  TEACHERS'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET  DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE  ADDITIONAL  EMPLOYEE
CONTRIBUTIONS  OF  ANNUAL  WAGES  IN  ADDITION TO THOSE MADE PURSUANT TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY  THE  CITY  OF  NEW

S. 6255--A                         55                         A. 9055--A

YORK  SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE CONTRIB-
UTIONS.
  H.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK  CITY  TEACHERS'  RETIREMENT  SYSTEM  WHO  FIRST
BECAME  MEMBERS  OF  SUCH  SYSTEM  ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR  THE
CITY  OF  NEW  YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR OF
THE BUDGET, THE EMPLOYEE CONTRIBUTIONS MADE PURSUANT TO  OTHER  SECTIONS
OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMU-
LA: THE DIFFERENCE OF A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET AND THE EMPLOYER CONTRIBUTION  RATE  DIVIDED  BY  TWO.  IN
YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE  REDUCED PURSUANT TO THIS
SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE  TO  BE  PAID  BY  EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  I.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION  RETIREMENT  SYSTEM  WHO
FIRST  BECAME  MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE EXCEEDS A RATE TO BE DETERMINED BY THE BUDGET  DIRECTOR  FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE BUDGET, SUCH MEMBERS SHALL BE REQUIRED TO MAKE ADDITIONAL EMPLOY-
EE CONTRIBUTIONS OF ANNUAL WAGES IN ADDITION TO THOSE MADE  PURSUANT  TO
OTHER SECTIONS OF THIS CHAPTER IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND A RATE TO BE DETER-
MINED BY THE BUDGET DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL
OF THE NEW YORK STATE DIRECTOR OF THE BUDGET DIVIDED BY TWO. IN YEARS IN
WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS ARE MADE PURSUANT TO THIS SUBDI-
VISION,  THE  EMPLOYER  CONTRIBUTION  RATE TO BE PAID BY THE CITY OF NEW
YORK SHALL BE REDUCED BY THE VALUE OF SUCH ADDITIONAL EMPLOYEE  CONTRIB-
UTIONS.
  J.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION  RETIREMENT  SYSTEM  WHO
FIRST  BECAME  MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE IS BELOW A RATE TO BE DETERMINED BY THE BUDGET DIRECTOR  FOR
THE  CITY  OF NEW YORK, WITH THE APPROVAL OF THE NEW YORK STATE DIRECTOR
OF THE  BUDGET,  THE  EMPLOYEE  CONTRIBUTIONS  MADE  PURSUANT  TO  OTHER
SECTIONS OF THIS CHAPTER SHALL BE REDUCED IN ACCORDANCE WITH THE FOLLOW-
ING  FORMULA:  THE  DIFFERENCE  OF A RATE TO BE DETERMINED BY THE BUDGET
DIRECTOR FOR THE CITY OF NEW YORK, WITH THE APPROVAL  OF  THE  NEW  YORK
STATE  DIRECTOR OF THE BUDGET AND THE EMPLOYER CONTRIBUTION RATE DIVIDED
BY TWO. IN YEARS IN WHICH EMPLOYEE CONTRIBUTIONS ARE REDUCED PURSUANT TO
THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE PAID BY EMPLOYERS
SHALL INCREASE BY THE VALUE OF THE EMPLOYEE CONTRIBUTIONS REDUCED PURSU-
ANT TO THIS SUBDIVISION.
  S 60. Section 650 of  the  retirement  and  social  security  law,  as
amended  by  chapter  746  of  the  laws  of 1989, is amended to read as
follows:
  S 650. Application.  This article shall apply to a member of  the  New
York  city  employees'  retirement  system (i) who holds the position of
bridge and tunnel officer, sergeant or lieutenant  with  the  Triborough
bridge and tunnel authority, and has received or receives an appointment
to  at least one such position from a competitive civil service list; or
(ii) who holds the position of assistant bridge and  tunnel  maintainer,
bridge  and  tunnel  maintainer,  senior bridge and tunnel maintainer or
laborer with the  Triborough  bridge  and  tunnel  authority,  PROVIDED,

S. 6255--A                         56                         A. 9055--A

HOWEVER,  THAT  THIS  ARTICLE SHALL NOT APPLY TO A NEW YORK CITY REVISED
PLAN MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED  ONE  OF
THIS CHAPTER).
  S  61.  Paragraphs  1  and  1-a of subdivision b of section 911 of the
retirement and social security law, paragraph 1 as amended by section  5
and  paragraph 1-a as added by section 6 of part C of chapter 504 of the
laws of 2009, are amended to read as follows:
  1. Subject to the provisions of paragraph one-a of  this  subdivision,
AND EXCEPT AS PROVIDED IN PARAGRAPH ONE-B OF THIS SUBDIVISION, an eligi-
ble  member  (i)  with a date of membership in a retirement system on or
after July twenty-seventh, nineteen hundred seventy-six and (ii) who has
ten or more years of membership or ten or more years of credited service
with a retirement system under the provisions  of  article  fourteen  or
fifteen of this chapter shall not be required to contribute to a retire-
ment  system  pursuant  to section five hundred seventeen or six hundred
thirteen of this chapter as of the cessation date.
  1-a. Notwithstanding the provisions of paragraph one of this  subdivi-
sion  or  any  other  provision  of  law  to the contrary, AND EXCEPT AS
PROVIDED IN PARAGRAPH ONE-B OF THIS SUBDIVISION, a  member  of  the  New
York  city  teachers'  retirement  system  or the New York city board of
education retirement system:
  (i) who is a twenty-seven  year  participant  in  the  age  fifty-five
retirement  program  (as defined in paragraph twelve of subdivision a of
section six hundred four-i of this chapter), and
  (ii) who becomes subject to the provisions of article fifteen of  this
chapter  after the effective date of this paragraph, shall contribute to
a retirement system pursuant to section six  hundred  thirteen  of  this
chapter  until  he  or  she has completed twenty-seven years of credited
service.
  S 62. Subdivision b of section 911 of the retirement and social  secu-
rity law is amended by adding a new paragraph 1-b to read as follows:
  1-B.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBER (AS DEFINED  IN
SUBDIVISION TWENTY-FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER), AN
INVESTIGATOR REVISED PLAN MEMBER (AS DEFINED IN SUBDIVISION TWENTY-SEVEN
OF  SECTION FIVE HUNDRED ONE OF THIS CHAPTER) OR A NEW YORK CITY REVISED
PLAN MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED  ONE  OF
THIS CHAPTER).
  S  63.  Section  1000  of  the  retirement  and social security law is
amended by adding a new subdivision 10 to read as follows:
  10. ANYTHING TO THE CONTRARY  IN  SUBDIVISION  FOUR  OF  THIS  SECTION
NOTWITHSTANDING,  TO  OBTAIN  SUCH  CREDIT,  A  MEMBER WHO FIRST JOINS A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE SHALL PAY SUCH RETIREMENT SYSTEM, FOR DEPOSIT  IN  THE  FUND
USED TO ACCUMULATE EMPLOYER CONTRIBUTIONS, A SUM EQUAL TO THE PRODUCT OF
THE NUMBER OF YEARS OF MILITARY SERVICE BEING CLAIMED AND SIX PERCENT OF
SUCH  MEMBER'S  COMPENSATION EARNED DURING THE TWELVE MONTHS OF CREDITED
SERVICE IMMEDIATELY PRECEDING THE DATE THAT THE MEMBER MADE  APPLICATION
FOR CREDIT PURSUANT TO THIS SECTION.
  S 64. Subdivision a of section 1202 of the retirement and social secu-
rity  law, as added by section 1 of part A of chapter 504 of the laws of
2009, is amended and a new subdivision c is added to read as follows:
  a. In order to qualify  for  a  service  retirement  benefit,  members
subject  to  the  provisions  of this article must have a minimum of ten
years of creditable service, EXCEPT THAT A MEMBER WHO  FIRST  BECOMES  A
MEMBER  OF  THE  RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND

S. 6255--A                         57                         A. 9055--A

TWELVE SHALL NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS PURSUANT TO
THIS ARTICLE UNTIL SUCH MEMBER HAS RENDERED A MINIMUM OF TWELVE YEARS OF
CREDITED SERVICE.
  C.  IN  NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE PAYABLE WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH  INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
  S 65. Section 1204 of the retirement and social security law, as added
by section 1 of part A of chapter 504 of the laws of 2009, is amended to
read as follows:
  S   1204.  Member  contributions.  Members  who  are  subject  to  the
provisions of this article shall  contribute  three  percent  of  annual
wages  to  the  retirement  system in which they have membership, EXCEPT
THAT FOR MEMBERS WHO FIRST BECOME MEMBERS OF  THE  NEW  YORK  STATE  AND
LOCAL  POLICE  AND  FIRE  RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, MEMBERS WITH WAGES OF SIXTY-SIX  THOUSAND  DOLLARS  PER
ANNUM  OR  LESS  SHALL  CONTRIBUTE FOUR PERCENT OF ANNUAL WAGES, MEMBERS
WITH WAGES BETWEEN SIXTY-SIX THOUSAND AND ONE DOLLAR PER ANNUM  AND  ONE
HUNDRED  THIRTY-TWO  THOUSAND  DOLLARS  PER  ANNUM SHALL CONTRIBUTE FIVE
PERCENT OF ANNUAL WAGES, AND MEMBERS WITH WAGES ABOVE ONE HUNDRED  THIR-
TY-TWO  THOUSAND PER ANNUM SHALL CONTRIBUTE SIX PERCENT OF ANNUAL WAGES.
Members who are enrolled in a retirement plan that limits the amount  of
creditable  service  a  member  can accrue shall not be required to make
contributions pursuant to this section after accruing the maximum amount
of service credit allowed by the  retirement  plan  in  which  they  are
enrolled. The state comptroller shall promulgate such regulations as may
be  necessary  and  appropriate  with  respect  to the deduction of such
contribution from members' wages and for the maintenance of any  special
fund  or  funds  with respect to amounts so contributed. In no way shall
the member contributions made  pursuant  to  this  section  be  used  to
provide for pension increases or annuities of any kind.
  S  66.  The  retirement and social security law is amended by adding a
new section 1208 to read as follows:
  S  1208.  ADDITIONAL  EMPLOYEE  CONTRIBUTIONS  AND  REDUCED   EMPLOYEE
CONTRIBUTIONS.  A.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE
APPLICABLE TO MEMBERS OF THE NEW YORK STATE AND LOCAL  POLICE  AND  FIRE
RETIREMENT  SYSTEM  WHO  FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND  TWELVE  EXCEEDS  FOURTEEN  PER  CENTUM,  SUCH
MEMBERS  SHALL  BE REQUIRED TO MAKE ADDITIONAL EMPLOYEE CONTRIBUTIONS OF
ANNUAL WAGES IN ADDITION  TO  THOSE  MADE  PURSUANT  TO  SECTION  TWELVE
HUNDRED  FOUR  OF THIS ARTICLE IN ACCORDANCE WITH THE FOLLOWING FORMULA:
THE DIFFERENCE OF THE EMPLOYER CONTRIBUTION RATE AND FOURTEEN PER CENTUM
DIVIDED BY TWO. IN YEARS IN WHICH ADDITIONAL EMPLOYEE CONTRIBUTIONS  ARE
MADE  PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO BE
PAID BY EMPLOYERS SHALL BE REDUCED  BY  THE  VALUE  OF  SUCH  ADDITIONAL
EMPLOYEE CONTRIBUTIONS.
  B.  IN  YEARS  IN  WHICH  THE EMPLOYER CONTRIBUTION RATE APPLICABLE TO
MEMBERS OF THE NEW YORK STATE  AND  LOCAL  POLICE  AND  FIRE  RETIREMENT
SYSTEM  WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE IS BELOW TEN PER CENTUM, THE EMPLOYEE  CONTRIBUTIONS
MADE  PURSUANT  TO  SECTION TWELVE HUNDRED FOUR OF THIS ARTICLE SHALL BE
REDUCED IN ACCORDANCE WITH THE FOLLOWING FORMULA: THE DIFFERENCE OF FOUR
PER CENTUM AND THE EMPLOYER CONTRIBUTION RATE  DIVIDED  BY  TWO.  IN  NO
EVENT,  HOWEVER,  SHALL THE EMPLOYEE CONTRIBUTION RATE BE LESS THAN ZERO
PER CENTUM OF WAGES.  IN  YEARS  IN  WHICH  EMPLOYEE  CONTRIBUTIONS  ARE
REDUCED  PURSUANT TO THIS SUBDIVISION, THE EMPLOYER CONTRIBUTION RATE TO

S. 6255--A                         58                         A. 9055--A

BE PAID BY EMPLOYERS  SHALL  INCREASE  BY  THE  VALUE  OF  THE  EMPLOYEE
CONTRIBUTIONS REDUCED PURSUANT TO THIS SUBDIVISION.
  S  67.  The  retirement and social security law is amended by adding a
new section 1209 to read as follows:
  S 1209.  FINAL AVERAGE SALARY. FOR MEMBERS WHO FIRST BECOME MEMBERS OF
THE NEW YORK STATE AND LOCAL POLICE AND FIRE  RETIREMENT  SYSTEM  ON  OR
AFTER  APRIL FIRST, TWO THOUSAND TWELVE, A MEMBER'S FINAL AVERAGE SALARY
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES  EARNED  BY  SUCH
MEMBER  DURING  ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT;  PROVIDED,  HOWEVER,  IF
THE  WAGES  EARNED  DURING  ANY YEAR OF CREDITED SERVICE INCLUDED IN THE
PERIOD USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE
WAGES OF THE PREVIOUS FOUR YEARS OF CREDITED SERVICE BY MORE THAN  EIGHT
PERCENT,  THE  AMOUNT  IN EXCESS OF EIGHT PERCENT SHALL BE EXCLUDED FROM
THE COMPUTATION OF FINAL AVERAGE SALARY. WAGES IN EXCESS OF  THE  ANNUAL
SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF
THE  STATE  CONSTITUTION SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL
AVERAGE SALARY FOR MEMBERS WHO FIRST BECOME  MEMBERS  OF  THE  NEW  YORK
STATE  AND  LOCAL  POLICE  AND  FIRE RETIREMENT SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE.
  S 68. The retirement and social security law is amended  by  adding  a
new section 1210 to read as follows:
  S  1210. WAGES.   FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT  SYSTEM  ON  OR  AFTER  APRIL
FIRST, TWO THOUSAND TWELVE, THE FOLLOWING ITEMS SHALL NOT BE INCLUDED IN
THE  DEFINITION OF WAGES: A. OVERTIME COMPENSATION PAID UNDER ANY LAW OR
POLICY UNDER WHICH EMPLOYEES ARE PAID AT A RATE GREATER THAN THEIR STAN-
DARD RATE FOR ADDITIONAL HOURS BEYOND THAT REQUIRED,  INCLUDING  SECTION
ONE  HUNDRED  THIRTY-FOUR OF THE CIVIL SERVICE LAW AND SECTION NINETY OF
THE GENERAL MUNICIPAL LAW, B. WAGES IN EXCESS OF THE ANNUAL SALARY  PAID
TO  THE  GOVERNOR PURSUANT TO SECTION THREE OF ARTICLE FOUR OF THE STATE
CONSTITUTION, C. LUMP  SUM  PAYMENTS  FOR  DEFERRED  COMPENSATION,  SICK
LEAVE, ACCUMULATED VACATION OR OTHER CREDITS FOR TIME NOT WORKED, D. ANY
FORM  OF  TERMINATION  PAY,  AND  E. ANY ADDITIONAL COMPENSATION PAID IN
ANTICIPATION OF RETIREMENT.
  S 69. Paragraph 2 of subdivision b of section 23-a of  the  retirement
and  social  security law, as added by section 1 of part A of chapter 49
of the laws of 2003, is amended to read as follows:
  2. requiring a minimum annual contribution from the  state  and  every
participating employer (exclusive of payments for group term life insur-
ance,  deficiency  payments, adjustments relating to prior fiscal years'
obligations and obligations pertaining to retirement incentives  or  any
other  obligations that the state or participating employer is permitted
to pay on an amortized basis) equal to  four  and  one-half  percent  of
pensionable  salaries.  NOTWITHSTANDING  ANY  OTHER SECTION OF LAW, THIS
SECTION SHALL NOT BE APPLICABLE TO PENSIONABLE SALARIES OF  MEMBERS  WHO
FIRST  BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM ON OR AFTER APRIL  FIRST,  TWO  THOUSAND  TWELVE.  Effective
immediately  upon implementation by the comptroller of the comprehensive
structural reform program set forth in this section, and in  all  subse-
quent years, participating employers shall pay either the required annu-
al  contribution determined under the revised schedule pertaining to the
valuation, billing and payment of contributions  pursuant  to  paragraph
one  of this subdivision, or the required minimum annual contribution of
four and one-half percent of pensionable salaries, whichever is greater;
and

S. 6255--A                         59                         A. 9055--A

  S 70. Paragraph 2 of subdivision b of section 323-a of retirement  and
social  security  law,  as added by section 2 of part A of chapter 49 of
the laws of 2003, is amended to read as follows:
  2.  requiring  a  minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior  fiscal  years'
obligations  and  obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is  permitted
to  pay  on  an  amortized  basis) equal to four and one-half percent of
pensionable salaries. NOTWITHSTANDING ANY OTHER  SECTION  OF  LAW,  THIS
SECTION  SHALL  NOT BE APPLICABLE TO PENSIONABLE SALARIES OF MEMBERS WHO
FIRST BECOME MEMBERS OF THE NEW YORK STATE AND LOCAL EMPLOYEES'  RETIRE-
MENT  SYSTEM  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND TWELVE. Effective
immediately upon implementation by the comptroller of the  comprehensive
structural  reform  program set forth in this section, and in all subse-
quent years, participating employers shall pay either the required annu-
al contribution determined under the revised schedule pertaining to  the
valuation,  billing  and  payment of contributions pursuant to paragraph
one of this subdivision, or the required minimum annual contribution  of
four and one-half percent of pensionable salaries, whichever is greater;
and
  S  71.  The  retirement and social security law is amended by adding a
new article 23 to read as follows:
                               ARTICLE 23
                      DEFINED CONTRIBUTION PROGRAM
SECTION 1250. DEFINITIONS.
        1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED.
        1252. RATES OF CONTRIBUTION.
        1253. ENROLLMENT.
        1254. DEATH BENEFIT.
        1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED.
  S 1250. DEFINITIONS. WHEREVER USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  A. THE TERM "PUBLIC RETIREMENT SYSTEM OF THE STATE" SHALL MEAN THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE  NEW  YORK  STATE
TEACHERS'  RETIREMENT  SYSTEM,  THE  NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT  SYSTEM,
THE  NEW  YORK CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM, THE NEW YORK CITY POLICE  PENSION  FUND,
AND THE NEW YORK CITY FIRE PENSION FUND.
  B.  THE  TERMS  "OPTIONAL  MEMBER"  AND  "OPTIONAL MEMBERS" MEAN THOSE
EMPLOYEES WHO ARE MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
FIRST BECAME MEMBERS OF SUCH SYSTEMS ON OR AFTER APRIL FIRST, TWO  THOU-
SAND  TWELVE  AND  MAKE  AN  ELECTION  TO  JOIN THE DEFINED CONTRIBUTION
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE PURSUANT TO THE  PROVISIONS
OF SECTION TWELVE HUNDRED FIFTY-THREE OF THIS ARTICLE.
  C.  THE  TERMS  "PROGRAM  PARTICIPANT" AND "PROGRAM PARTICIPANTS" MEAN
THOSE EMPLOYEES ELECTING TO  PARTICIPATE  IN  THE  DEFINED  CONTRIBUTION
PROGRAM.
  D.  THE  TERM  "DEFINED  CONTRIBUTION  PROGRAM"  MEANS  THE RETIREMENT
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
  E. THE TERM "WAGES" SHALL MEAN REGULAR COMPENSATION EARNED BY AND PAID
TO A MEMBER BY A PUBLIC EMPLOYER, EXCEPT THAT THE FOLLOWING ITEMS  SHALL
NOT  BE  INCLUDED  IN THE DEFINITION OF WAGES: (I) OVERTIME COMPENSATION
PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID  AT  A  RATE
GREATER  THAN  THEIR  STANDARD  RATE  FOR  ADDITIONAL  HOURS BEYOND THAT

S. 6255--A                         60                         A. 9055--A

REQUIRED, INCLUDING  SECTIONS  ONE  HUNDRED  THIRTY-FOUR  OF  THE  CIVIL
SERVICE  LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (II) WAGES
IN EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO  SECTION
THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (III) LUMP SUM PAYMENTS
FOR  DEFERRED  COMPENSATION,  SICK  LEAVE, ACCUMULATED VACATION OR OTHER
CREDITS FOR TIME NOT WORKED, (IV) ANY FORM OF TERMINATION PAY,  AND  (V)
ANY ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
  S  1251.  DEFINED  CONTRIBUTION  PROGRAMS ESTABLISHED. THERE IS HEREBY
ESTABLISHED A DEFINED CONTRIBUTION PROGRAM WITHIN EACH PUBLIC RETIREMENT
SYSTEM OF THE STATE WHICH SHALL PROVIDE FOR RETIREMENT BENEFITS  FOR  OR
ON  BEHALF  OF PROGRAM PARTICIPANTS.   UNDER SUCH PROGRAM THE STATE, THE
CITY OF NEW YORK AND OTHER PARTICIPATING EMPLOYERS  AND  SUCH  EMPLOYEES
SHALL  CONTRIBUTE, TO THE EXTENT AUTHORIZED OR REQUIRED, TO SUCH DEFINED
CONTRIBUTION ACCOUNTS. THE PROGRAMS SHALL BE ADMINISTERED BY THE RETIRE-
MENT SYSTEM IN WHICH THE PROGRAM PARTICIPANT IS A MEMBER.   EACH  PUBLIC
RETIREMENT  SYSTEM  OF  THE  STATE  IS AUTHORIZED TO PROMULGATE ALL SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED TO  IMPLEMENT  THE
DEFINED  CONTRIBUTION  PROGRAMS  ESTABLISHED  PURSUANT  TO THIS ARTICLE,
INCLUDING SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO COMPLY  WITH
THE  APPLICABLE PROVISIONS OF TITLE TWENTY-SIX OF THE UNITED STATES CODE
RELATING TO DEFINED CONTRIBUTION PLANS AND THEIR QUALIFICATION AND OPER-
ATION AND ALL SUCH RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED
REGARDING THE COLLECTION OF EMPLOYER AND MEMBER  CONTRIBUTIONS,  INVEST-
MENT  OF CONTRIBUTIONS, WITHDRAWALS AND DISTRIBUTION OF MEMBER ACCOUNTS,
NOMINATION OF BENEFICIARIES, THE ASSESSMENT AND COLLECTION FROM  EMPLOY-
ERS OF COSTS AND EXPENSES INCURRED IN THE ESTABLISHMENT AND OPERATION OF
THE  PLAN, AND ALL OTHER MATTERS PERTAINING THERETO. EACH PUBLIC RETIRE-
MENT SYSTEM OF THE STATE IS AUTHORIZED TO  ENTER  INTO  SUCH  AGREEMENTS
WITH  QUALIFIED  PROVIDERS  AS  MAY  BE  NECESSARY  OR DESIRABLE FOR THE
INVESTMENT OF MEMBER ACCOUNTS AND  THE  GENERAL  ADMINISTRATION  OF  THE
PLAN.
  S  1252.  RATES  OF  CONTRIBUTION.  A.  1.  THE  EMPLOYER SHALL MAKE A
CONTRIBUTION EQUAL TO FOUR PERCENT OF EACH PROGRAM PARTICIPANTS'  WAGES.
SUCH CONTRIBUTIONS SHALL BE KNOWN AS "BASIC EMPLOYER CONTRIBUTIONS".
  2.  THE  EMPLOYER SHALL CONTRIBUTE AN AMOUNT EQUAL TO THE CONTRIBUTION
MADE BY EACH PROGRAM PARTICIPANT, PROVIDED HOWEVER, THAT SUCH ADDITIONAL
CONTRIBUTIONS SHALL NOT EXCEED THREE PERCENT  OF  EACH  PROGRAM  PARTIC-
IPANT'S  WAGES.  SUCH CONTRIBUTIONS SHALL BE KNOWN AS "MATCHING EMPLOYER
CONTRIBUTIONS".
  B. IN THE CASE OF ANY PROGRAM PARTICIPANTS, EMPLOYEES SHALL BE ALLOWED
TO CONTRIBUTE AN AMOUNT UP TO THE MAXIMUM ALLOWABLE AMOUNT, INCLUSIVE OF
BASIC AND MATCHING EMPLOYER CONTRIBUTIONS, PERMITTED BY FEDERAL  LAW  IN
26 U.S.C. 401 ET SEQ. AND THE RULES AND REGULATIONS OF THE UNITED STATES
DEPARTMENT OF THE TREASURY PROMULGATED THEREUNDER.
  C. NO CONTRIBUTIONS PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE
MADE BY THE EMPLOYER UNTIL THE PROGRAM PARTICIPANT COMPLETES ONE YEAR OF
SERVICE  AND  CONTINUES  IN  SERVICE THEREAFTER. AT THE END OF A PROGRAM
PARTICIPANT'S INITIAL YEAR OF  SERVICE,  A  SINGLE  CONTRIBUTION  IN  AN
AMOUNT DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, WITH INTER-
EST  AT  THE  RATE  OF  FOUR  PER CENTUM PER ANNUM, SHALL BE MADE BY THE
EMPLOYER, ON BEHALF OF SUCH PROGRAM PARTICIPANT CONTINUED IN SERVICE.
  S 1253. ENROLLMENT.  A. EMPLOYEES WHO FIRST BECOME MEMBERS OF A PUBLIC
RETIREMENT SYSTEM OF THE STATE ON OR AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  WITHIN THIRTY DAYS OF HIS OR HER ENTRY INTO SERVICE, SHALL HAVE
THE ABILITY TO ELECT THE DEFINED CONTRIBUTION PROGRAM ESTABLISHED PURSU-
ANT TO THIS ARTICLE. SUCH ELECTION SHALL BE IN WRITING,  SHALL  BE  DULY

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EXECUTED  AND  FILED  WITH THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A
MEMBER AND SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS A MEMBER OF  A
PUBLIC  RETIREMENT SYSTEM OF THE STATE. ALL ELIGIBLE EMPLOYEES WHO ELECT
THE  DEFINED  CONTRIBUTION PROGRAM SHALL NOT ACCRUE CREDITED SERVICE FOR
ANY PURPOSE UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER  APPLI-
CABLE LAW.
  B.  ALL  PROGRAM  PARTICIPANTS  ENROLLED  IN  THE DEFINED CONTRIBUTION
PROGRAM SHALL NOT ACCRUE CREDITED SERVICE TO BE  USED  FOR  ANY  PURPOSE
UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLICABLE LAW.
  S  1254.  DEATH  BENEFIT.  A.  PROGRAM  PARTICIPANTS SHALL RECEIVE THE
FOLLOWING FINANCIAL PROTECTION IN THE EVENT OF DEATH IN SERVICE: A BENE-
FIT UPON THE DEATH OF A MEMBER IN SERVICE EQUAL TO THE  MEMBER'S  SALARY
UPON  HIS  OR  HER  COMPLETION OF ONE YEAR OF SERVICE, TWO YEARS' SALARY
UPON COMPLETION OF TWO YEARS OF SERVICE, AND THREE  YEARS'  SALARY  UPON
COMPLETION OF THREE YEARS OF SERVICE.
  B.  FOR  THE  PURPOSES  OF  THIS SECTION: 1. THE DEATH BENEFIT PAYABLE
SHALL BE IN LIEU OF THE PAYMENT OF THE BASIC EMPLOYER CONTRIBUTIONS  AND
MATCHING EMPLOYER CONTRIBUTIONS MADE PURSUANT TO THIS ARTICLE, BUT SHALL
NOT BE LESS THAN THE VALUE OF SUCH CONTRIBUTIONS AND 2. THE VALUE OF THE
EMPLOYEE CONTRIBUTIONS SHALL BE PAYABLE IN ADDITION TO THE DEATH BENEFIT
PAYABLE PURSUANT TO THIS SECTION.
  S  1255.  INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED. INSOFAR AS
THE PROVISIONS OF THIS ARTICLE ARE INCONSISTENT WITH THE  PROVISIONS  OF
ANY  OTHER ACT, GENERAL OR SPECIAL, THE PROVISIONS OF THIS ARTICLE SHALL
BE CONTROLLING.
  S 72. Subdivisions 1 and 2 of section 182 of the education law, subdi-
vision 1 as amended by chapter 63 of the laws of 1993 and subdivision  2
as  added  by  chapter  1076 of the laws of 1968, are amended to read as
follows:
  1. Employer contributions.  In  the  case  of  any  electing  employee
initially  appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state shall, during  continuance  of  his  employment,  make
contributions at the rate of nine [percentum] PER CENTUM of that portion
of  his  state  salary  upon which contributions are or may hereafter be
paid to the secretary of the treasury of the United States  pursuant  to
article  three of the retirement and social security law and at the rate
of twelve [percentum] PER CENTUM of that portion  of  his  state  salary
above  said  amount,  out  of  moneys which shall be appropriated to the
department for such purpose.   In the  case  of  any  electing  employee
initially appointed on or after July first, nineteen hundred ninety-two,
the  state  shall,  during  continuance of his employment, make contrib-
utions at the rate of eight [percentum] PER CENTUM of his  state  salary
during  the  first seven years of such employment and at the rate of ten
percentum of his state salary, thereafter, out of moneys which shall  be
appropriated  to  the  department  for  such purpose. IN THE CASE OF ANY
ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO THOU-
SAND TWELVE, THE STATE SHALL, DURING CONTINUANCE OF HIS OR  HER  EMPLOY-
MENT,  MAKE  CONTRIBUTIONS  AT THE RATE OF FOUR PER CENTUM OF HIS OR HER
STATE SALARY OUT OF MONEYS WHICH SHALL BE APPROPRIATED TO THE DEPARTMENT
FOR SUCH PURPOSE. FOR ELECTING EMPLOYEES APPOINTED  ON  OR  AFTER  APRIL
FIRST,  TWO  THOUSAND  TWELVE,  THE STATE SHALL MAKE ADDITIONAL CONTRIB-
UTIONS EQUAL  TO  THE  CONTRIBUTION  MADE  BY  EACH  ELECTING  EMPLOYEE,
PROVIDED,  HOWEVER  THAT  SUCH ADDITIONAL CONTRIBUTIONS SHALL NOT EXCEED
THREE PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes  of
this  subdivision,  that  portion  of  the  employee's salary upon which
contributions are paid to the secretary of the treasury  of  the  United

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States  pursuant  to article three of the retirement and social security
law shall not exceed sixteen thousand five hundred dollars.
  2.  Employee  contributions.  In  the  case  of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of  his  state
salary  shall  be  deducted  by  the  state  comptroller as the employee
contribution, PROVIDED, HOWEVER,  NO  EMPLOYEE  CONTRIBUTIONS  SHALL  BE
REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST,  TWO  THOUSAND  TWELVE,  provided  however,  that  such  employee
contribution shall be made by the state in accordance  with  subdivision
one  of  this section during such period as (a) either section seventy-a
of the retirement and social security law or section five hundred  twen-
ty-eight  of  [the  education law] THIS TITLE provides that the contrib-
ution of each member of the New York state employees' retirement  system
or  the  New York state teachers' retirement system in the employ of the
state shall be reduced by at least eight [percentum] PER CENTUM  of  his
compensation, or (b) employee contributions to either such system are no
longer  required  by  reason of such system becoming noncontributory for
state employees.
  S 73. Subdivisions 1 and 2 of section 392 of  the  education  law,  as
amended  by chapter 63 of the laws of 1993 and paragraph (c) of subdivi-
sion 2 as added by chapter 617 of the laws of 2007, are amended to  read
as follows:
  1.  Employer  contributions.  In  the  case  of  any electing employee
initially appointed on or before June thirtieth, nineteen hundred  nine-
ty-two,  the  state,  with respect to employees of state university, and
the electing employer, with respect to employees of a community college,
shall, during continuance of his employment, make contributions  at  the
rate  of  nine [percentum] PER CENTUM of that portion of his salary upon
which contributions, if any, are or may hereafter be paid to the  secre-
tary  of  the treasury of the United States pursuant to article three of
the retirement and social  security  law  and  at  the  rate  of  twelve
[percentum]  PER  CENTUM  of  any  portion of his salary upon which such
contributions are not paid, out of monies which shall be appropriated to
state university or which shall be available to  the  electing  employer
for  such  purpose.  In  the  case  of  any  electing employee initially
appointed on or after  July  first,  nineteen  hundred  ninety-two,  the
state,  with respect to employees of the state university and the elect-
ing employer, with respect to employees of a community  college,  shall,
during  continuance of his employment, make contributions at the rate of
eight [percentum] PER CENTUM of his salary during the first seven  years
of  such employment and at the rate of ten [percentum] PER CENTUM of his
salary thereafter, out of monies which  shall  be  appropriated  to  the
state  university  or  which shall be available to the electing employer
for such purpose.   IN THE  CASE  OF  ANY  ELECTING  EMPLOYEE  INITIALLY
APPOINTED  ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE, WITH
RESPECT TO EMPLOYEES OF THE STATE UNIVERSITY AND THE ELECTING  EMPLOYER,
WITH  RESPECT TO EMPLOYEES OF A COMMUNITY COLLEGE, SHALL, DURING CONTIN-
UANCE OF HIS EMPLOYMENT, MAKE CONTRIBUTIONS AT  THE  RATE  OF  FOUR  PER
CENTUM  OF  HIS  SALARY OUT OF MONIES WHICH SHALL BE APPROPRIATED TO THE
STATE UNIVERSITY OR WHICH SHALL BE AVAILABLE TO  THE  ELECTING  EMPLOYER
FOR  SUCH  PURPOSE.    FOR  ELECTING EMPLOYEES INITIALLY APPOINTED ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE STATE SHALL MAKE  ADDITIONAL
CONTRIBUTIONS  EQUAL TO THE CONTRIBUTION MADE BY EACH ELECTING EMPLOYEE,
PROVIDED, HOWEVER THAT SUCH ADDITIONAL CONTRIBUTIONS  SHALL  NOT  EXCEED
THREE  PERCENT OF EACH ELECTING EMPLOYEE'S ANNUAL WAGES. For purposes of
this subdivision, that portion  of  the  employee's  salary  upon  which

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contributions  are  or  may  thereafter  be paid to the secretary of the
treasury of the United States pursuant to article three of  the  retire-
ment and social security law shall be deemed not to exceed sixteen thou-
sand five hundred dollars.
  2.  Employee  contributions. (a) In the case of any electing employee,
contributions at the rate of three [percentum] PER CENTUM of his  salary
shall be deducted as the employee contribution by the comptroller, or by
the  appropriate  fiscal  officer  with respect to an electing employer,
PROVIDED, HOWEVER, THAT NO EMPLOYEE CONTRIBUTIONS SHALL BE REQUIRED  FOR
ANY  ELECTING  EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, provided however, that such employee contribution shall
be made by (i) the state for employees other than those employed  by  an
electing  employer  in  accordance  with subdivision one of this section
during such period as (a) either section seventy-a of the retirement and
social security law or section five hundred twenty-eight of  this  title
provides  that  the  contribution  of  each member of the New York state
employees' retirement system or the New York state teachers'  retirement
system  in  the  employ  of the state shall be reduced by at least eight
[percentum] PER CENTUM of his compensation or (b) employee contributions
to either such system are no longer required by reason  of  such  system
becoming  noncontributory  for  state employees, or (ii) by the electing
employer in accordance with subdivision one of this section during  such
period  as the contributions of any members of either the New York state
employees' retirement system or the New York state teachers'  retirement
system  or  of  any  other public retirement system in this state in its
employ shall (a) be reduced by at least eight [percentum] PER CENTUM  of
their  compensation  in accordance with section seventy-a of the retire-
ment and social security law or section five hundred twenty-nine of this
title or section [B3-36.1] 13-152 or section [B20-41.1]  13-546  of  the
administrative  code  of  the  city of New York or (b) employee contrib-
utions to any such system of which any of its employees are members  are
no  longer  required by reasons of such system becoming non contributory
for such employees; and provided further, however,  that  such  employee
contribution  with  respect  to  the fiscal year of the city of New York
beginning on July first, nineteen hundred seventy-two and ending on June
thirtieth, nineteen hundred seventy-three shall be made by the  electing
employer  in  the  case  of  any  electing employee who is employed by a
community college operated in such  city,  notwithstanding  any  of  the
foregoing provisions of this subdivision to the contrary.
  (b) Notwithstanding any provision of paragraph (a) of this subdivision
or  any  other  provision  of  law  to  the contrary, but subject to the
provisions of subdivision d of  section  six  hundred  thirteen  of  the
retirement and social security law, in the case of any electing employee
initially  appointed on or after July first, nineteen hundred ninety-two
who is employed by a community college subject to the provisions of this
article which is operated in the city of New York, contributions at  the
rate  of  three  [percentum]  PER  CENTUM  of his or her salary shall be
deducted as the employee contribution by the appropriate fiscal  officer
with  respect  to  such  community  college, PROVIDED, HOWEVER, THAT FOR
EMPLOYEES INITIALLY APPOINTED ON OR  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  NO  REQUIRED  EMPLOYEE  CONTRIBUTIONS  SHALL BE DEDUCTED AS THE
EMPLOYEE CONTRIBUTION BY THE APPROPRIATE FISCAL OFFICE WITH  RESPECT  TO
SUCH COMMUNITY COLLEGE.
  (c)  Notwithstanding  any other provision of this section or any other
law to the contrary, (1) on and after April first,  two  thousand  eight
for  a  member  who  joined  the optional retirement program established

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pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute  one-third  of  the  three  percent  employee
contribution  required  pursuant  to  the  provisions of this section on
behalf of such employee; and (2) on and after April first, two  thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the  state  shall  contribute  two-thirds  of the three percent employee
contribution required pursuant to the  provisions  of  this  section  on
behalf  of such employee; and (3) on and after April first, two thousand
ten for a member who joined the optional retirement program  established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the  state  shall  contribute  the  three  percent employee contribution
required pursuant to the provisions of this section on  behalf  of  such
employee.    THE  PROVISIONS  OF  THIS  PARAGRAPH SHALL NOT APPLY TO ANY
ELECTING EMPLOYEE WHO  BECOMES  A  MEMBER  OF  THE  OPTIONAL  RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  S  74.  Subdivisions  1 and 2 of section 6252 of the education law, as
amended by chapter 63 of the laws of 1993 and paragraph (c) of  subdivi-
sion  2 as added by chapter 617 of the laws of 2007, are amended to read
as follows:
  1. Employer contributions.  In  the  case  of  any  electing  employee
initially  appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the city shall, during  continuance  of  his  employment,  makes
contributions at the rate of nine [percentum] PER CENTUM of that portion
of his city salary upon which contributions are or may hereafter be paid
to  the secretary of the treasury of the United States pursuant to arti-
cle three of the retirement and social security law and at the  rate  of
twelve  [percentum]  PER CENTUM of that portion of his city salary above
said amount, out of monies which  shall  be  appropriated  to  the  city
university  for  such  purposes.  In  the  case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the city shall, during continuance of his employment, make contributions
at the rate of eight [percentum] PER CENTUM of his  city  salary  during
the first seven years of such employment and at the rate of ten [percen-
tum]  PER  CENTUM  of  his  city salary, thereafter, out of monies which
shall be appropriated to the city university for such purpose.   IN  THE
CASE  OF  ANY  ELECTING  EMPLOYEE  INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE CITY SHALL, DURING  CONTINUANCE  OF  HIS
EMPLOYMENT,  MAKE  CONTRIBUTIONS  AT  THE RATE OF FOUR PER CENTUM of his
city salary out of monies  which  shall  be  appropriated  to  the  city
university for such purpose.  For electing employees initially appointed
on or after April first, two thousand twelve, the state shall make addi-
tional  contributions  equal  to  the contribution made by each electing
employee, provided, however, that such  additional  contributions  shall
not  exceed  three percent of each electing employee's annual wages. For
purposes of this subdivision, that portion of the employee's salary upon
which contributions are or may thereafter be paid to  the  secretary  of
the  treasury  of  the  United  States  pursuant to article three of the
retirement and social security law shall be deemed not to exceed sixteen
thousand five hundred dollars.
  2. Employee contributions. (a) In the case of any  electing  employee,
contributions  at  the  rate of three [percentum] PER CENTUM of his city
salary shall be deducted as  the  employee  contribution  by  the  comp-

S. 6255--A                         65                         A. 9055--A

troller,  PROVIDED,  HOWEVER,  THAT  NO  EMPLOYEE CONTRIBUTIONS SHALL BE
REQUIRED FOR ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, provided however that such employee contrib-
ution  shall  be  made by the city in accordance with subdivision one of
this section during such period  as  either  section  seventy-a  of  the
retirement  and  social  security  law  or  section  [B3-36.1] 13-152 or
section [B20-41.1] 13-546 of the administrative code of the city of  New
York  provides  that the contribution of any member of the New York city
employees' retirement system or the New York city  teachers'  retirement
system  in  the  employ  of  the city shall be reduced by at least eight
[percentum] PER CENTUM of his compensation; and provided further, howev-
er, that such employee contribution with respect to the fiscal  year  of
the  city  beginning  on  July  first,  nineteen hundred seventy-two and
ending on June thirtieth, nineteen hundred seventy-three shall  be  made
by  the  city,  notwithstanding  any of the foregoing provisions of this
subdivision to the contrary.
  (b) Notwithstanding any provision of paragraph (a) of this subdivision
or any other provision of law  to  the  contrary,  but  subject  to  the
provisions  of  subdivision  d  of  section  six hundred thirteen of the
retirement and social security law in the case of any electing  employee
initially appointed on or after July first, nineteen hundred ninety-two,
contributions  at the rate of three [percentum] PER CENTUM of his or her
city salary shall be deducted as the employee contribution by the  comp-
troller, PROVIDED, HOWEVER, THAT FOR EMPLOYEES INITIALLY APPOINTED ON OR
AFTER  APRIL  FIRST,  TWO THOUSAND TWELVE, NO REQUIRED EMPLOYEE CONTRIB-
UTIONS SHALL BE DEDUCTED BY THE COMPTROLLER.
  (c) Notwithstanding any other provision of this section or  any  other
law  to  the  contrary, (1) on and after April first, two thousand eight
for a member who joined  the  optional  retirement  program  established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the  city  shall  contribute  one-third  of  the  three percent employee
contribution required pursuant to the  provisions  of  this  section  on
behalf  of  such employee; and (2) on and after June first, two thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute  two-thirds  of  the  three  percent  employee
contribution  required  pursuant  to  the  provisions of this section on
behalf of such employee; and (3) on and after June first,  two  thousand
ten  for a member who joined the optional retirement program established
pursuant to this article BEFORE APRIL FIRST, TWO THOUSAND TWELVE and who
has ten or more years of membership in such optional retirement program,
the city  shall  contribute  the  three  percent  employee  contribution
required  pursuant  to  the provisions of this section on behalf of such
employee.   THE PROVISIONS OF THIS PARAGRAPH  SHALL  NOT  APPLY  TO  ANY
ELECTING  EMPLOYEE  WHO  BECOMES  A  MEMBER  OF  THE OPTIONAL RETIREMENT
PROGRAM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
  S 75. Paragraphs (b) and (c) of subdivision 86 of  section  13-101  of
the administrative code of the city of New York, as added by chapter 114
of the laws of 1989, are amended to read as follows:
  (b)  In  the  case  of a uniformed force member who is a member of the
uniformed force of the department of sanitation and is not  a  TIER  III
MEMBER  (AS  DEFINED  IN SUBDIVISION SEVENTY-THREE OF THIS SECTION) OR A
Tier IV member (as defined in subdivision seventy-six of this  section),
the term "normal rate of contribution as a uniformed force member" shall

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mean  the  proportion of such member's earnable compensation required to
be deducted from his or her compensation by the applicable provisions of
sections 13-125, 13-154, 13-159 and 13-160 of this chapter as his or her
member  contributions,  exclusive  of any increase in such contributions
pursuant to subdivision d, e, or f of section 13-125 of this chapter, or
any decrease in  such  contributions  on  account  of  any  program  for
increased-take-home-pay  or  pursuant  to subdivision one of section one
hundred thirty-eight-b of the retirement and social security law (relat-
ing to election to decrease member contributions by contributions due on
account of social security coverage).
  (c) In the case of any uniformed force member (1) who is both a member
of the uniformed correction force and a Tier III member, OR (2)  WHO  IS
BOTH A MEMBER OF THE UNIFORMED FORCE OF THE DEPARTMENT OF SANITATION AND
A  TIER III MEMBER, the term "normal rate of contribution as a uniformed
force member" shall mean the percentage of  the  annual  wages  of  such
member required to be deducted from such member's wages by subdivision a
of  section five hundred seventeen of the retirement and social security
law, as his or her member contributions.
  S 76. Paragraph (b) of subdivision 87 of section 13-101 of the  admin-
istrative  code  of the city of New York, as added by chapter 114 of the
laws of 1989, is amended to read as follows:
  (b) a uniformed force member who is not required to contribute  during
such  payroll  period because he or she is a Tier III member who, having
contributed for thirty years, OR WHO, IN THE CASE OF  A  NEW  YORK  CITY
UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN  MEMBER  (AS  DEFINED IN
SUBDIVISION TWENTY-FIVE OF SECTION FIVE HUNDRED ONE  OF  THE  RETIREMENT
AND  SOCIAL SECURITY LAW), HAVING CONTRIBUTED FOR TWENTY-FIVE YEARS, has
discontinued member contributions pursuant to subdivision a  of  section
five hundred seventeen of the retirement and social security law.
  S  77. Paragraph (c) of subdivision 89 of section 13-101 of the admin-
istrative code of the city of New York, as added by chapter 114  of  the
laws of 1989, is amended to read as follows:
  (c) In the case of any contributing uniformed force member who is both
(1)  a  member of the uniformed correction force (as defined in subdivi-
sion thirty-nine of this section) OR THE UNIFORMED FORCE OF THE  DEPART-
MENT OF SANITATION (AS DEFINED IN SUBDIVISION SIXTY-TWO OF THIS SECTION)
and  (2)  a  Tier III member (as defined in subdivision seventy-three of
this section), the term "uniformed force member  contributions  eligible
for pick up by the employer" shall mean the amount which, in the absence
of  a  pick  up  program  applicable  to such member pursuant to section
13-125.1 of this chapter, would be required  to  be  deducted  from  the
wages  of  such member for such payroll period pursuant to subdivision a
of section five hundred seventeen of the retirement and social  security
law as his or her required member contributions for such payroll period.
  S  78. Paragraph 14 of subdivision e of section 13-638.4 of the admin-
istrative code of the city of New York, as added by chapter 749  of  the
laws of 1992, is amended to read as follows:
  (14)  (I)  Subject  to the provisions of subdivision f of this section
and the provisions of subdivision c of section six hundred eight of  the
RSSL,  where  those  provisions  are applicable, and notwithstanding the
provisions of subdivision a of section six hundred eight  of  the  RSSL,
for  a  tier IV member of NYCERS WHO IS NOT A NEW YORK CITY REVISED PLAN
MEMBER (AS DEFINED IN SUBDIVISION M OF SECTION SIX HUNDRED  ONE  OF  THE
RSSL) or FOR A TIER IV MEMBER OF BERS WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, the term "final average salary", as used in article fifteen
of the RSSL, shall be equal to the greater of:

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  [(i)]  (A)  one-third of the highest total wages earned by such member
during any continuous period of employment  for  which  the  member  was
credited  with three years of service credit; provided that if the wages
earned during any year of credited service included in the  period  used
to  determine  final  average salary exceeds the average of the wages of
the previous two years of credited service by more than ten percent, the
amount in excess of ten percent shall be excluded from  the  computation
of final average salary; or
  [(ii)]  (B)  the  total  wages earned during any six consecutive years
from service for which the member received service credit divided by the
amount of such  service  credit  earned  during  that  six-year  period,
PROVIDED,  HOWEVER,  THAT "WAGES", AS USED IN THIS PARAGRAPH, SHALL MEAN
THE APPLICABLE PROVISIONS  AND  LIMITATIONS  OF  THE  TERM  "WAGES",  AS
DEFINED IN SUBDIVISION 1 OF SECTION SIX HUNDRED ONE OF THE RSSL.
  (II)  SUBJECT TO THE PROVISIONS OF SUBDIVISION F OF THIS SECTION WHERE
THOSE PROVISIONS ARE APPLICABLE, AND NOTWITHSTANDING THE  PROVISIONS  OF
SUBDIVISIONS  A  AND  C  OF SECTION SIX HUNDRED EIGHT OF THE RSSL, FOR A
TIER IV MEMBER OF NYCERS WHO IS A NEW YORK CITY REVISED PLAN MEMBER  (AS
DEFINED  IN  SUBDIVISION  M OF SECTION SIX HUNDRED ONE OF THE RSSL) OR A
TIER IV MEMBER OF BERS WHO IS A NEW YORK CITY REVISED PLAN  MEMBER,  THE
TERM  "FINAL  AVERAGE  SALARY",  AS USED IN ARTICLE FIFTEEN OF THE RSSL,
SHALL BE EQUAL TO ONE-FIFTH OF THE HIGHEST TOTAL WAGES  EARNED  BY  SUCH
MEMBER  DURING  ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER
WAS CREDITED WITH FIVE YEARS OF SERVICE CREDIT;  PROVIDED  THAT  IF  THE
WAGES  EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD
USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE  WAGES
OF  THE  PREVIOUS  FOUR  YEARS  OF  CREDITED  SERVICE BY MORE THAN EIGHT
PERCENT, THE AMOUNT IN EXCESS OF EIGHT PERCENT SHALL  BE  EXCLUDED  FROM
THE  COMPUTATION OF FINAL AVERAGE SALARY, PROVIDED FURTHER THAT "WAGES",
AS USED IN THIS PARAGRAPH, SHALL  MEAN  THE  APPLICABLE  PROVISIONS  AND
LIMITATIONS  OF THE TERM "WAGES", AS DEFINED IN SUBDIVISION L OF SECTION
SIX HUNDRED ONE OF THE RSSL.
  S 79. Nothing contained  in  sections  seventy-five,  seventy-six  and
seventy-seven  of  this act shall be construed to create any contractual
right  with  respect  to  members  to  whom  such  sections  apply.  The
provisions  of  such  sections are intended to afford members the advan-
tages of certain benefits contained in the internal  revenue  code,  and
the  effectiveness  and  existence  of  such  sections and benefits they
confer are completely contingent thereon.
  S 80. Notwithstanding any provision of law to the contrary, nothing in
this act shall limit the eligibility of any member of an employee organ-
ization to join a special retirement plan open to him or her pursuant to
a collectively negotiated agreement with any state or  local  government
employer,  where  such  agreement  is in effect on the effective date of
this act and so long as such agreement  remains  in  effect  thereafter;
provided, however, that any such eligibility shall not apply upon termi-
nation  of  such  agreement  for  employees  otherwise  subject  to  the
provisions of article 22 of the  retirement  and  social  security  law,
provided further that this section shall not be construed as authorizing
any  member  who first joins a public retirement system of the state (as
defined in subdivision 23 of section 501 of the  retirement  and  social
security  law)  on or after April 1, 2012 to become a participant in any
of the special plans established by section 504-a, 504-b, 504-d,  604-a,
604-c  (as  added  by chapter 96 of the laws of 1995), 604-d or 604-i of
the retirement and social security law or section 13-157.1  or  13-157.4
of the administrative code of the city of New York.

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  S  81.  No  enhancement, increase or other alteration or change in the
benefit structure provided herein shall be authorized.
  S  82. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  83.  This  act  shall  take effect April 1, 2012, provided that the
amendments to subdivision a of section 603 of the retirement and  social
security  law made by section thirty-one of this act shall be subject to
the expiration and reversion of such subdivision pursuant to section  13
of  chapter  682 of the laws of 2003, as amended, provided, further that
the amendments to subdivisions 86, 87 and 89 of section  13-101  of  the
administrative  code  of  the city of New York made by sections seventy-
five, seventy-six and seventy-seven of this act  shall  not  affect  the
expiration of such subdivisions and shall be deemed to expire therewith.

                                 PART I

  Section  1.  Section  167-a  of  the  civil service law, as separately
amended by section 8 of part T and section 1 of part U of chapter 56  of
the laws of 2010, is amended to read as follows:
  S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program,  an  amount
equal  to  the  premium  charge for such supplementary medical insurance
benefits for such active or retired employee and his or her  dependents,
if  any,  shall  be paid monthly or at other intervals to such active or
retired employee from the health insurance fund. Where appropriate, such
amount may be deducted from contributions payable  by  the  employee  or
retired employee; or where appropriate in the case of a retired employee
receiving  a  retirement  allowance,  such  amount  may be included with
payments of his or her retirement allowance. All state employer, employ-
ee, retired employee and dependent contributions to the health insurance
fund, INCLUDING CONTRIBUTIONS FROM PUBLIC  AUTHORITIES,  PUBLIC  BENEFIT
CORPORATIONS  OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE, shall be
adjusted as necessary to cover the cost of reimbursing federal  old-age,
survivors  and  disability  insurance program premium charges under this
section. This cost shall be included in the calculation  of  premium  or
subscription  charges  for health coverage provided to [state] employees
and retired [state] employees OF THE STATE, PUBLIC  AUTHORITIES,  PUBLIC
BENEFIT  CORPORATIONS  OR OTHER QUASI-PUBLIC ORGANIZATIONS OF THE STATE;
provided, however, the state, PUBLIC AUTHORITIES, PUBLIC BENEFIT  CORPO-
RATIONS  OR  OTHER  QUASI-PUBLIC ORGANIZATIONS OF THE STATE shall remain
obligated to pay no less than its share of such increased cost  consist-
ent  with  its  share of premium or subscription charges provided for by
this article. All other employer contributions to the  health  insurance
fund shall be adjusted as necessary to provide for such payments.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

S. 6255--A                         69                         A. 9055--A

                                 PART J

  Section  1.  Section 25 of the state finance law is amended to read as
follows:
  S 25. Reappropriation  bills.    Every  appropriation  reappropriating
moneys  shall set forth clearly the year, chapter and part or section of
the act by which such appropriation was originally made, a brief summary
of the purposes of such original appropriation, and  the  year,  chapter
and  part  or  section  of  the  last  act, if any, reappropriating such
original appropriation or any part thereof, and the amount of such reap-
propriation.
  If it is proposed to change in any detail the purpose  for  which  the
original  appropriation  was made, the bill as submitted by the governor
shall show clearly [any] such change.
  ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI-
TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS  AFTER  THE
DATE  UPON  WHICH  THE  ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE
WITH SECTION FORTY OF THIS CHAPTER AND  SECTION  NINETY-NINE-D  OF  THIS
CHAPTER,  AS  ADDED  BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL  BE  PAID  OUT  OF  THE
STATE  TREASURY  OR  ANY  OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
  S 2. This act shall take effect April 1, 2013.

                                 PART K

  Section 1. Paragraph 1 of subdivision  2-a  of  section  19-a  of  the
public  lands law, as amended by section 1 of part K-1 of chapter 109 of
the laws of 2006, is amended to read as follows:
  (1) Notwithstanding any provision of this section to the contrary,  in
addition  to state aid otherwise payable pursuant to this section, there
shall be payable to any city located in a county in which there has been
constructed a state office  building  project  in  accordance  with  the
provisions  of  chapter  one  hundred  fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to  an  agreement  entitled
the  "South  Mall  contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
               State Fiscal Year
                                   Amount

               2000-2001           $4,500,000
               2001-2002           $4,500,000
               2002-2003           $4,500,000
               2003-2004           $9,850,000
               2004-2005           $16,850,000
               2005-2006           $22,850,000
               2006-2007           $22,850,000
               2007-2008           $22,850,000
               2008-2009           $22,850,000
               2009-2010           $22,850,000
               2010-2011           $22,850,000
               2011-2012           $15,000,000
               2012-2013           [$15,000,000] $22,850,000
               2013-2014           $15,000,000
               2014-2015           $15,000,000
               2015-2016           $15,000,000

S. 6255--A                         70                         A. 9055--A

               2016-2017           $15,000,000
               2017-2018           $15,000,000
               2018-2019           $15,000,000
               2019-2020           $15,000,000
               2020-2021           $15,000,000
               2021-2022           $15,000,000
               2022-2023           $15,000,000
               2023-2024           $15,000,000
               2024-2025           $15,000,000
               2025-2026           $15,000,000
               2026-2027           $15,000,000
               2027-2028           $15,000,000
               2028-2029           $15,000,000
               2029-2030           $15,000,000
               2030-2031           $15,000,000
               2031-2032           $15,000,000
               2032-2033           [$15,000,000] $7,150,000
  S 2. This act shall take effect April 1, 2012.

                                 PART L

  Section  1.  Paragraph  i of subdivision 1 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is  amended  to
read as follows:
  i.  "Lowest  price" means the basis for awarding contracts for commod-
ities AND SERVICES among responsive and responsible offerers.
  S 2. Paragraph j of subdivision 1 of section 163 of the state  finance
law,  as  added by chapter 83 of the laws of 1995, is amended to read as
follows:
  j. "Best value" means the basis for awarding contracts for COMMODITIES
AND services to the offerer which optimizes quality, cost and  efficien-
cy, among responsive and responsible offerers. Such basis shall reflect,
wherever  possible,  objective and quantifiable analysis. SUCH BASIS MAY
ALSO IDENTIFY A QUANTITATIVE FACTOR FOR OFFERERS THAT  ARE  SMALL  BUSI-
NESSES  OR  CERTIFIED  MINORITY-  OR WOMEN-OWNED BUSINESS ENTERPRISES AS
DEFINED IN SUBDIVISIONS ONE, SEVEN, FIFTEEN AND TWENTY OF SECTION  THREE
HUNDRED  TEN OF THE EXECUTIVE LAW TO BE USED IN EVALUATION OF OFFERS FOR
AWARDING OF CONTRACTS FOR COMMODITIES AND SERVICES.
  S 3. Subparagraphs (ii), (iv), (v),  and  (viii)  of  paragraph  a  of
subdivision 3 of section 163 of the state finance law, as added by chap-
ter  83 of the laws of 1995, subparagraph (iv) as amended by chapter 430
of the laws of 1997, and subparagraph (viii) as amended by  section  165
of subpart B of part C of chapter 62 of the laws of 2011, are amended to
read as follows:
  (ii)  Commodities  contracts  shall  be awarded on the basis of lowest
price to a responsive and responsible offerer; or, in the case of multi-
ple awards, in accordance with paragraph c of subdivision  ten  of  this
section.  WHERE  THE  COMMISSIONER REASONABLY DETERMINES THAT A SPECIFIC
COMMODITIES PROCUREMENT WOULD RESULT IN LOWER COST TO  THE  STATE,  SUCH
CONTRACT  MAY ALSO BE AWARDED ON THE BASIS OF BEST VALUE TO A RESPONSIVE
AND RESPONSIBLE OFFERER; OR, IN THE CASE OF MULTIPLE AWARDS, IN  ACCORD-
ANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION AND AS OTHER-
WISE  REQUIRED  BY  SUBDIVISION FOUR OF THIS SECTION. SUCH DETERMINATION
SHALL BE INCLUDED IN THE PROCUREMENT RECORD.
  (iv) The commissioner is authorized to permit [any  officer,  body  or
agency of the state or of a political subdivision or a district therein,

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or  fire  company  or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make] purchases  of
commodities  AND  SERVICES  FOR  AUTHORIZED  USERS through the office of
general  services' centralized contracts[, pursuant to the provisions of
section one hundred four of the general municipal law. The  commissioner
is  authorized  to  permit  any  county extension service association as
authorized under subdivision eight of section two hundred twenty-four of
the county law, or any association or other entity as specified  in  and
in  accordance  with section one hundred nine-a of the general municipal
law, or any other association or entity as specified in  state  law,  to
make  purchases  of  commodities through the office of general services'
centralized contracts; provided, however, that such entity so  empowered
shall  accept  sole  responsibility  for any payment due with respect to
such purchase].  SUCH AUTHORIZED USERS SO EMPOWERED  SHALL  ACCEPT  SOLE
RESPONSIBILITY FOR ANY PAYMENT DUE WITH RESPECT TO SUCH PURCHASES.
  (v)  Consistent  with guidelines issued by the state procurement coun-
cil, state agencies may competitively purchase commodities AND  SERVICES
procured  in  accordance  with this article in lieu of using centralized
contracts when the resultant price is less than the centralized contract
price.
  [(viii) The commissioner may permit and prescribe the conditions  for,
(A)  any  association, consortium or group of privately owned or munici-
pal, federal or state owned  or  operated  hospitals,  medical  schools,
other  health  related facilities or voluntary ambulance services, which
have entered into a contract and made mutual arrangements for the  joint
purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf  or  of  the  blind  listed in section forty-two hundred one of the
education law; (C) any qualified non-profit-making agency for the  blind
approved  by  the  commissioner  of  the  office  of children and family
services or the office of temporary and disability assistance;  (D)  any
qualified  charitable non-profit-making agency for the severely disabled
approved by the commissioner of education; (E) any hospital or  residen-
tial health care facility as defined in section twenty-eight hundred one
of  the public health law; (F) any private not-for-profit mental hygiene
facility as defined in section 1.03 of the mental hygiene law;  and  (G)
any public authority or public benefit corporation of the state, includ-
ing  the  port  authority  of New York and New Jersey and the interstate
environmental commission, to make purchases using centralized  contracts
for commodities. Such qualified non-profit-making agencies for the blind
and  severely  disabled  may make purchases from the correctional indus-
tries program of the department of corrections and community supervision
subject to rules pursuant to the correction law.]
  S 4. Paragraph d of subdivision 3 of section 163 of the state  finance
law,  as  added by chapter 83 of the laws of 1995, is amended to read as
follows:
  d. The commissioner may make, or cause to be made by a duly authorized
representative, any investigation which he or she may  deem  proper  for
acquiring the necessary information from a state agency for the exercise
of  his  or  her powers and duties under this [subdivision] ARTICLE. For
such purposes the commissioner may subpoena and compel the attendance of
witnesses before him or her, or an authorized  representative,  and  may
compel  the  production  of  books,  papers,  records  or documents. The
commissioner or a duly  authorized  representative  may  take  and  hear
proofs and testimony and, for that purpose, the commissioner or the duly

S. 6255--A                         72                         A. 9055--A

authorized representative may administer oaths. In addition, the commis-
sioner or the duly authorized representative:
  (i)  Shall  have  access  at  all reasonable times to offices of state
agencies;
  (ii) May examine all books, papers, records and documents in any  such
state  agency  as  pertain directly to the purchase, control or distrib-
ution of commodities; and
  (iii) May require any state agency to furnish such  data,  information
or statement as may be necessary.
  S  5. Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  e. [Any officer, body or agency of a political subdivision as  defined
in section one hundred of the general municipal law or a district there-
in,  may  make  purchases  of  services  through  the  office of general
services' centralized contracts for services, subject to the  provisions
of  section  one  hundred four of the general municipal law. The commis-
sioner may permit and prescribe  the  conditions  for  the  purchase  of
services  through  the office of general services' centralized contracts
for services by any public authority or public  benefit  corporation  of
the  state  including the port authority of New York and New Jersey. The
commissioner is authorized to permit  any  public  library,  association
library,  library  system,  cooperative  library  system,  the  New York
Library Association, and the  New  York  State  Association  of  Library
Boards  or  any  other  library  except  those which are operated by for
profit entities, to make purchases of services  through  the  office  of
general  services'  centralized  contracts; provided, however, that such
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.] THE COMMISSIONER IS AUTHORIZED TO PERMIT
PURCHASES OF SERVICES FOR AUTHORIZED USERS THROUGH THE OFFICE OF GENERAL
SERVICES' CENTRALIZED CONTRACTS.   SUCH AUTHORIZED  USERS  SO  EMPOWERED
SHALL  ACCEPT  SOLE  RESPONSIBILITY  FOR ANY PAYMENT DUE WITH RESPECT TO
SUCH PURCHASES.
  S 6. The section heading and subdivision  1  of  section  104  of  the
general municipal law, as amended by section 7 of subpart A of part C of
chapter 97 of the laws of 2011, are amended to read as follows:
  Purchase  through  office  of  general  services; PURCHASES FROM OTHER
PUBLIC CONTRACTS; certain  federal  contracts.  1.  Notwithstanding  the
provisions  of section one hundred three of this article or of any other
general, special or local law, any officer, board or agency of  a  poli-
tical  subdivision,  of  a  district  therein, of a fire company or of a
voluntary ambulance service authorized to make purchases of COMMODITIES,
materials, equipment, TECHNOLOGY, food  products,  [or]  supplies[,]  or
services  available  pursuant to [sections one hundred sixty-one and one
hundred sixty-seven]  SECTION  ONE  HUNDRED  SIXTY-THREE  of  the  state
finance  law,  may  make  such  purchases[, except of printed material,]
through the office of general services OR ANY OTHER DEPARTMENT OR AGENCY
OF THE STATE subject to [such] rules [as may be established from time to
time] PROMULGATED pursuant to [sections one hundred sixty-three and  one
hundred  sixty-seven]  ARTICLE ELEVEN of the state finance law; provided
that any such purchase shall exceed five hundred dollars  and  that  the
political  subdivision,  district,  fire  company or voluntary ambulance
service for which such officer, board or agency acts shall  accept  sole
responsibility  for  any  payment due the vendor. All purchases shall be
subject to audit and inspection by the political subdivision,  district,
fire  company or voluntary ambulance service for which made. No officer,

S. 6255--A                         73                         A. 9055--A

board or agency of a political subdivision, or a district therein, of  a
fire company or of a voluntary ambulance service shall make any purchase
through  such  [office]  PUBLIC  ENTITY when bids have been received for
such purchase by such officer, board or agency, unless such purchase may
be  made  upon  the same terms, conditions and specifications at a lower
price through such office. Two or more fire companies or voluntary ambu-
lance services may join in making purchases pursuant  to  this  section,
and  for  the purposes of this section such groups shall be deemed "fire
companies or voluntary ambulance services."
  S 7. Subparagraph (i) of paragraph b of subdivision 4 of  section  163
of the state finance law, as added by chapter 83 of the laws of 1995 and
as  designated by chapter 137 of the laws of 2008, is amended to read as
follows:
  (i) Centralized contracts for services may be procured by  the  office
of general services at the request of state agencies [and state agencies
may when such centralized contracts are in the form, function or utility
required   by   said   agency,  purchase  from  established  centralized
contracts. The state procurement council may, from time to time, require
that state agencies procure services from certain centralized contracts]
OR AS DETERMINED BY THE COMMISSIONER. THE PURCHASE OF SERVICES BY  STATE
AGENCIES  SHALL BE CONDUCTED IN A MANNER THAT ACCORDS SECOND PRIORITY TO
CENTRALIZED CONTRACTS MEETING FORM, FUNCTION  AND  UTILITY  REQUIRED  BY
SAID  AGENCY,  THIRD  PRIORITY  TO  AGENCY  OR  MULTI-AGENCY ESTABLISHED
CONTRACTS AND FOURTH PRIORITY TO OTHER MEANS OF CONTRACTING.
  S 8. Paragraph d of subdivision 4 of section 163 of the state  finance
law,  as  added by chapter 83 of the laws of 1995, is amended to read as
follows:
  d. Service contracts shall be awarded on the basis of best value to  a
responsive  and responsible offerer; or, in the case of multiple awards,
in accordance with paragraph c  of  subdivision  ten  of  this  section.
WHERE  THE  COMMISSIONER  REASONABLY DETERMINES THAT A SPECIFIC SERVICES
PROCUREMENT WOULD RESULT IN LOWER COST TO THE STATE, SUCH  CONTRACT  MAY
ALSO  BE AWARDED ON THE BASIS OF LOW PRICE TO A RESPONSIVE AND RESPONSI-
BLE OFFERER; OR, IN THE CASE OF  MULTIPLE  AWARDS,  IN  ACCORDANCE  WITH
PARAGRAPH  (C)  OF  SUBDIVISION  TEN  OF  THIS  SECTION AND AS OTHERWISE
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. SUCH  DETERMINATION  SHALL
BE INCLUDED IN THE PROCUREMENT RECORD.
  S  9.  Subdivision 5 of section 163 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  5. Process for conducting state procurements. The process for conduct-
ing state procurements for services and commodities shall be as follows:
  a. Determination of need. State  agencies  shall  be  responsible  for
determining the need for a given service or commodity:
  (i)  For  commodities, upon such determination of need, state agencies
shall ascertain whether the commodity is available in the form, function
and utility consistent with their needs from preferred  sources  and  if
so,  shall purchase said commodity from a preferred source in accordance
with the provisions of this article. If not so available, state agencies
shall determine whether the commodity is available in the form, function
and utility consistent with their needs on a centralized contract and if
so, except as provided in subparagraph (v) of paragraph a of subdivision
three of this section, shall purchase said commodity using the  central-
ized contract. If a commodity is not available in the form, function and
utility  consistent  with the needs of the state agency from a preferred
source or a centralized contract or as provided for in subparagraph  (v)
of  paragraph  a  of subdivision three of this section, the state agency

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may procure the commodity independently or in conjunction  with  another
state agency in accordance with paragraph c of subdivision three of this
section.
  (ii)  For  services,  upon  such determination of need, state agencies
shall ascertain whether the service is available in the  form,  function
and  utility  consistent with their needs from preferred sources and, if
so, shall purchase said service through the preferred source in  accord-
ance  with  the  provisions  of this article. If not so available, state
agencies [may]:
  (A) [Purchase] SHALL PURCHASE the service if it is  available  in  the
form,  function  and utility consistent with their needs using an estab-
lished centralized contract procured by either  the  office  of  general
services or another state agency;
  (B)  [Request] MAY REQUEST that the office of general services procure
such a service, particularly with respect to those services having util-
ity and/or benefit to more than one state agency; or
  (C) [Procure] MAY PROCURE the service independently or in  conjunction
with another state agency.
  [b.  The  state  procurement  council  may, from time to time, require
state agencies to procure certain services from centralized contracts.]
  S 10. Subdivision 7 of section  163  of  the  state  finance  law,  as
amended  by  section 10 of part FF of chapter 56 of the laws of 2010, is
amended to read as follows:
  7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select  among
permissible  methods  of  procurement  including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state  procurement  council.  State
agencies  may  accept  bids  electronically  including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
of this chapter and may, for COMMODITY, SERVICE AND technology contracts
[and, in addition, for the period from July first, two thousand ten,  to
July  first, two thousand twelve, fuels (home heating, diesel, gasoline,
natural gas),  road  salt,  recycled  paper,  tires,  telecommunications
equipment, industrial supplies (tools, equipment), bituminous materials,
drainage  and  culvert pipe, and road aggregate (gravel),] require elec-
tronic submission as the sole method for the submission of bids for  the
solicitation,  provided  that the agency has made a determination, which
shall be documented in the procurement record, that such method  affords
a  fair  and equal opportunity for offerers to submit responsive offers.
Except where otherwise provided by law, procurements  shall  be  compet-
itive,  and state agencies shall conduct formal competitive procurements
to the maximum extent practicable. State  agencies  shall  document  the
determination of the method of procurement and the basis of award in the
procurement  record.  Where the basis for award is the best value offer,
the state agency shall  document,  in  the  procurement  record  and  in
advance of the initial receipt of offers, the determination of the eval-
uation criteria, which whenever possible, shall be quantifiable, and the
process  to be used in the determination of best value and the manner in
which the evaluation process and selection shall be conducted.
  S 11. Subdivision 8 of section  163  of  the  state  finance  law,  as
amended  by  chapter  95  of  the  laws  of  2000, is amended to read as
follows:
  8. Public notice. All procurements by  state  agencies  in  excess  of
[fifteen]  FIFTY  thousand  dollars  shall  be advertised in the state's

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procurement opportunities newsletter in accordance with  article  four-C
of the economic development law.
  S  12.  Paragraph  (a)  of  subdivision  2 of section 112 of the state
finance law, as amended by section 2 of part D of chapter 56 of the laws
of 2006, is amended to read as follows:
  (a) Before any contract made for or by any state  agency,  department,
board, officer, commission, or institution, except the office of general
services,  shall be executed or become effective, whenever such contract
exceeds fifty thousand dollars in amount and before  any  contract  made
for  or  by  the  office of general services shall be executed or become
effective, whenever such contract exceeds eighty-five  thousand  dollars
in  amount,  it  shall first be approved by the comptroller and filed in
his or her office, [provided, however, that the] WITH THE  EXCEPTION  OF
CONTRACTS  ESTABLISHED  AS  A CENTRALIZED CONTRACT THROUGH THE OFFICE OF
GENERAL SERVICES AND PURCHASE ORDERS OR OTHER  PROCUREMENT  TRANSACTIONS
ISSUED  UNDER  SUCH  CENTRALIZED CONTRACTS. THE comptroller shall make a
final written determination with respect to approval  of  such  contract
within  ninety  days  of  the  submission of such contract to his or her
office unless the comptroller shall notify, in writing, the state  agen-
cy, department, board, officer, commission, or institution, prior to the
expiration of the ninety day period, and for good cause, of the need for
an  extension  of  not more than fifteen days, or a reasonable period of
time agreed to by such state agency, department, board, officer, commis-
sion, or institution and provided, further, that such  written  determi-
nation  or extension shall be made part of the procurement record pursu-
ant to paragraph f of subdivision one of section one hundred sixty-three
of this chapter.
  S 13. Section 3 of the New York state printing  and  public  documents
law,  as  added  by  chapter  160  of the laws of 1976, subdivision 1 as
amended by chapter 849 of the laws of 1987, and subdivision 5 as amended
by chapter 346 of the laws of 1991, is amended to read as follows:
  S 3. Powers and duties of commissioner OF GENERAL SERVICES  AND  STATE
AGENCIES  IN  PURCHASING  PRINTING.    1.  The  commissioner  of general
services  shall  have  general  supervision  over  the  letting  of  all
contracts  for  public printing provided to be made herein. In addition,
the commissioner shall exercise such  further  supervision  and  control
over  all  contracts  for department printing [as herein defined that he
has heretofore exercised or may hereafter deem] PURSUANT TO SECTION  ONE
HUNDRED  SIXTY-THREE OF THE STATE FINANCE LAW.  THE COMMISSIONER MAY, AS
deemed appropriate [including, but not limited to, the establishment of]
ESTABLISH standard sizes and grades of paper and OTHER  NECESSARY  spec-
ifications  for paper; provided, however, that such specifications shall
be in accordance with those established pursuant to section one  hundred
[sixty-four]  SIXTY-THREE  AND  SUBDIVISION THREE OF SECTION ONE HUNDRED
SIXTY-FIVE of the state finance law.
  (A) THE COMMISSIONER OF GENERAL SERVICES SHALL BE RESPONSIBLE FOR  THE
STANDARDIZATION  AND  CENTRALIZED  CONTRACTING  OF  PRINTING REQUIRED BY
STATE AGENCIES IN A MANNER  WHICH  MAXIMIZES  THE  PURCHASING  VALUE  OF
PUBLIC  FUNDS.  PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, CONTRACTS FOR PRINTING MAY BE ESTABLISHED BY THE OFFICE  OF
GENERAL  SERVICES  OR  STATE AGENCIES, AND STATE AGENCIES MAY, WHEN SUCH
CENTRALIZED CONTRACTS ESTABLISHED BY THE OFFICE OF GENERAL SERVICES  ARE
IN THE FORM, FUNCTION AND UTILITY REQUIRED BY SAID AGENCY, PURCHASE FROM
SUCH  CENTRALIZED CONTRACTS.   WHEN PRINTING IS NOT AVAILABLE CONSISTENT
WITH THE PROVISIONS OF SECTION ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
FINANCE  LAW  IN  THE FORM, FUNCTION AND UTILITY REQUIRED BY STATE AGEN-

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CIES, STATE AGENCIES MAY PROCURE PRINTING INDEPENDENTLY OR  IN  CONJUNC-
TION WITH OTHER STATE AGENCIES.
  (B)  PRINTING  CONTRACTS SHALL BE AWARDED ON THE BASIS OF LOWEST PRICE
OR BEST VALUE TO A RESPONSIVE AND RESPONSIBLE OFFEROR; OR IN THE CASE OF
MULTIPLE AWARDS, IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION TEN  OF
SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
  2. [The commissioner may appoint an expert printer and such assistants
and  employees  as  shall  be  authorized  by appropriations made by the
legislature therefor, and such employees shall receive such salaries  as
shall be fixed by the legislature in such appropriation.
  3. It shall be the duty of said commissioner, in accordance with rules
and  regulations to be prescribed by him, to let to the lowest responsi-
ble bidder, as hereinafter provided, and as will best promote the public
interest, all contracts for the work embraced in the legislative  print-
ing  and department printing as those terms are in this chapter defined,
except printing done pursuant to law in the correctional  facilities  of
the  state,  in the state charitable and benevolent institutions for the
benefit of such institutions, or  by  the  board  or  commission  having
fiscal  control  of such institutions, the printing of examination ques-
tion papers or printing done for the education department or the schools
under its jurisdiction in the rooms of the university of  the  state  of
New  York  by  its  employees,  the  stationery used by the legislature,
briefs and cases on appeal and the bulletins issued by  the  Geneva  and
Ithaca experimental stations.] No contract for department printing shall
be  let  to  a  bidder who, in the opinion of the commissioner, does not
have satisfactory facilities and equipment which are  ample  and  suffi-
cient  to insure proper performance of the contract or who has failed to
give adequate security in an amount which may be required by the commis-
sioner. Provided further, however, that no contract shall be  let  to  a
bidder  other  than  the  lowest  PRICE OR BEST VALUE responsible bidder
without the written approval of the comptroller.
  [4. The said commissioner shall adopt and promulgate appropriate rules
and regulations touching the manner of the performance of his  work  and
prescribing the form and manner of advertisement for bids and all requi-
sitions  made upon him for printing, except that said commissioner shall
make no rule or regulation inconsistent with  or  in  violation  of  the
provisions of this chapter.
  5.]  3.  Notwithstanding  any  of  the  foregoing  provisions  of this
section, or of any general or special act, the commissioner may contract
for printing to an  amount  not  exceeding  [ten]  EIGHTY-FIVE  thousand
dollars  without  competitive  bidding, and [may by rule prescribing the
amount, not exceeding five  thousand  dollars,  authorize]  other  state
departments  and  agencies [to let contracts,] MAY CONTRACT TO AN AMOUNT
NOT EXCEEDING FIFTY THOUSAND DOLLARS without  competitive  bidding,  for
printing  required  by them. [Such rule shall prescribe the form, manner
and content of the notice to be given to prospective vendors,  the  form
of  specifications  and proposals for such printing, and the method used
in making an award, except that as such  specifications  relate  to  the
paper  required  for  printing  they  shall  be in accordance with those
established pursuant to section one  hundred  sixty-four  of  the  state
finance law.
  Multiple  purchases  of  identical  items  of  printing  and  printing
supplies, made by such other department or  agency  without  competitive
bidding  within a period of sixty days, shall not exceed the sum of five
thousand dollars.]

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  S 14. Section 6 of the New York state printing  and  public  documents
law is REPEALED.
  S  15.  Section  7 of the New York state printing and public documents
law is REPEALED and section 7-a is renumbered section 7.
  S 16. Section 8 of the New York state printing  and  public  documents
law,  as amended by chapter 704 of the laws of 1964 and as renumbered by
chapter 160 of the laws of 1976, is amended to read as follows:
  S 8. Right to annul contracts.  Upon the failure or non-performance of
the terms of any of the contracts [set forth  in]  AWARDED  PURSUANT  TO
this  chapter on the part of the contractors with the state, the commis-
sioner OF GENERAL SERVICES OR THE STATE AGENCY may annul the contract in
which default is made and the comptroller shall  withhold  payment  from
the contractor for all work [done by him] PERFORMED THEREUNDER until the
damage to the state shall be ascertained by proper adjudication, and the
[said]  commissioner OF GENERAL SERVICES OR THE STATE AGENCY, may [read-
vertise and enter into a] RELET THE contract  for  the  balance  of  the
uncompleted  term  of  [any]  A contract so annulled or abrogated in the
manner prescribed in the provisions of this chapter.
  S 17. Paragraph (g) of section 1509 of the not-for-profit  corporation
law,  as added by chapter 151 of the laws of 1992, is amended to read as
follows:
  (g) Purchases through office of general services. Notwithstanding  the
provisions of any general, special or local law, any officer or agent of
a cemetery corporation subject to the provisions of this article author-
ized to make purchases of [materials, equipment or supplies] COMMODITIES
AND  SERVICES  may  make  such  purchases[, except of printed material,]
through the office of general services subject to such rules as  may  be
established  from  time  to  time pursuant to section one hundred sixty-
three of the state finance law; provided that any  such  purchase  shall
exceed  five hundred dollars and that the cemetery corporation for which
such officer or agent acts shall  accept  sole  responsibility  for  any
payment  due  the  vendor.  All  purchases shall be subject to audit and
inspection by the cemetery corporation for which made. Two or more ceme-
tery corporations may join in making purchases pursuant to this  section
and,  for  the  purposes  of this section, such groups shall be deemed a
cemetery corporation.
  S 18. Paragraph i of subdivision 3 of section  236  of  the  education
law,  as  added  by chapter 9 of the laws of 1979, is amended to read as
follows:
  i. Any corporation created under the provisions of  this  section  may
make purchases[, except of printed material, through the state divisions
of  standards  and quality control; and of purchasing in the] OF COMMOD-
ITIES AND SERVICES THROUGH THE office of  general  services  subject  to
such  rules  as may be established from time to time pursuant to section
one hundred sixty-three of the state finance  law;  provided  that  each
such purchase shall have a cost of five hundred dollars or more and that
said  corporation  shall  accept  sole responsibility for any payment of
such cost due the vendor.
  S 19. Section 258-a of the education law, as added by chapter  106  of
the laws of 1980, is amended to read as follows:
  S 258-a. Purchases   by   museums,  historical  societies,  zoological
gardens, aquariums, botanical gardens and  arboreta  through  office  of
general  services.    Museums, historical societies, zoological gardens,
aquariums, botanical gardens and arboreta which are chartered or  incor-
porated  by  the  regents  or  otherwise  formed pursuant to section two
hundred sixteen of this chapter or otherwise pursuant  to  the  laws  of

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this  state  and are also non-profit ORGANIZATIONS may make purchases [,
except of printed material,] OF COMMODITIES  AND  SERVICES  through  the
[state  division  of  standards  and  purchase in the] office of general
services  subject  to such rules as may be established from time to time
pursuant to section one hundred sixty-three of the  state  finance  law;
provided  that  each  such  purchase  shall  have a cost of five hundred
dollars or more and that said  museum,  historical  society,  zoological
garden, aquarium, botanical garden or arboreta shall accept sole respon-
sibility for any payment of such cost due the vendor.
  S  20.  Section  6404 of the education law, as added by chapter 734 of
the laws of 1976, is amended to read as follows:
  S 6404. Purchases by certain independent institutions.  Any postsecon-
dary institution chartered under the powers of the regents  pursuant  to
section  two  hundred sixteen or incorporated under a special act of the
legislature may make purchases[, except of printed material,] OF COMMOD-
ITIES AND SERVICES pursuant to the terms of contracts let by the  [state
division  of  standards  and purchase in the] office of general services
subject to such rules as may be established from time to  time  pursuant
to  section  one  hundred sixty-three of the state finance law which may
establish limitations with  respect  to  commodities  AND  SERVICES  and
impose  such  other  appropriate  conditions  upon  purchasing as deemed
necessary by the commissioner of general services in  order  to  protect
the  state's  own purchasing interests; provided that each such purchase
shall have a cost of five hundred dollars or more and that said  [corpo-
ration]  INSTITUTION shall accept sole responsibility for any payment of
such cost due the vendor.
  S 21. Section 104 of the general municipal law, as amended by  chapter
137 of the laws of 2008, is amended to read as follows:
  S  104.  Purchase  through office of general services. Notwithstanding
the provisions of section one hundred three of this article  or  of  any
other  general,  special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of  a
voluntary  ambulance service IS authorized to make purchases of [materi-
als, equipment, food products, or supplies, or services] COMMODITIES AND
SERVICES available pursuant to [sections one hundred sixty-one  and  one
hundred  sixty-seven]  SECTION  ONE  HUNDRED  SIXTY-THREE  of  the state
finance law, may make such  purchases[,  except  of  printed  material,]
through  the  office of general services subject to such rules as may be
established from time to time pursuant to [sections] SECTION one hundred
sixty-three [and one hundred sixty-seven] of the state  finance  law  or
through  the general services administration pursuant to section 1555 of
the federal acquisition streamlining act of 1994, P.L. 103-355; provided
that any such purchase shall exceed five hundred dollars  and  that  the
political  subdivision,  district,  fire  company or voluntary ambulance
service for which such officer, board or agency acts shall  accept  sole
responsibility  for  any  payment due the vendor. All purchases shall be
subject to audit and inspection by the political subdivision,  district,
fire  company or voluntary ambulance service for which made. No officer,
board or agency of a political subdivision, or a district therein, of  a
fire company or of a voluntary ambulance service shall make any purchase
through  such  office  when bids have been received for such purchase by
such officer, board or agency, unless such purchase may be made upon the
same terms, conditions and specifications at a lower price through  such
office.  Two  or more fire companies or voluntary ambulance services may
join in making purchases pursuant to this section, and for the  purposes

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of this section such groups shall be deemed "fire companies or voluntary
ambulance services."
  S  22. Section 109-a of the general municipal law, as amended by chap-
ter 502 of the laws of 2002, is amended to read as follows:
  S 109-a. Purchases through the office of general services  by  certain
public  associations.  The  New  York State Association of Counties, the
Association of Towns of the State of New York, the New York  State  Town
Clerk's  Association,  Inc., the New York State Conference of Mayors and
Other Municipal Officials, the New York State School Boards Association,
Inc., the New York Planning  Federation  and  the  Association  of  Fire
Districts  of  the  State of New York, the New York State Association of
School Business Officials, the New York state council of  school  super-
intendents,  any  nonpublic  elementary  and/or  secondary school of the
state of New York, which provides the instruction  required  by  section
thirty-two  hundred four and article seventeen of the education law, and
which is chartered by, registered with or  subject  to  examination  and
inspection  by the department of education and which is a not for profit
institution and any public library, association library, library system,
cooperative library system, the New York Library  Association,  and  the
New York State Association of Library Boards or any other library except
those  which  are  operated by for profit entities, may make purchases[,
except of printed material,] through  the  office  of  general  services
subject  to such rules as may be [established from time to time] PROMUL-
GATED pursuant to [sections] SECTION one hundred  sixty-three  [and  one
hundred  sixty-five] of the state finance law and subdivision eight-a of
section one hundred three of this article which  may  establish  limita-
tions  with  respect  to  commodities  and impose such other appropriate
conditions upon purchasing as deemed necessary by  the  commissioner  of
general  services  in order to protect the state's own purchasing inter-
ests; and that such association,  school,  library,  library  system  or
cooperative  library  system  shall  accept  sole responsibility for any
payment due the vendor. Boards of education may  permit  such  nonpublic
schools  to  make  purchases pursuant to this section through the school
district in which the nonpublic school is  located,  provided  that  any
administrative costs incurred by the school district will be paid by the
nonpublic school.
  S  23. Subdivision (a) of section 2 of chapter 741 of the laws of 1985
relating to authorizing certain organizations  to  purchase  commodities
and  services  under  contracts  let  by  the  state  office  of general
services, as amended by chapter 134 of the laws of 1994, is  amended  to
read as follows:
  (a)  Any charitable organization or federation of charitable organiza-
tions, as defined in subdivision (b) of this  section,  maintaining  its
office  in  a  county of the state and performing all or the predominant
part of its charitable, benevolent or philanthropic services or conduct-
ing all or the  predominant  part  of  its  solicitation  of  charitable
contributions  in such county and any county, town or other agricultural
society, the American institute of the  city  of  New  York,  performing
their  activities  in  any  such  county  on or after January 1, 1993 is
authorized to make purchases[, except of printed material,] pursuant  to
the  terms of contracts let by the [state divisions of purchasing and of
standards and quality control of the] office of general services subject
to such rules as may be [established from time to time under] PROMULGAT-
ED PURSUANT TO the provisions of section 163 of the state  finance  law,
which may establish limitations with respect to commodities AND SERVICES
and  impose  such other appropriate conditions upon purchasing as deemed

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necessary by the commissioner of general services in  order  to  protect
the  state's  own purchasing interests; provided that each such purchase
shall exceed five hundred dollars and that such charitable  organization
or federation of charitable organizations shall accept sole responsibil-
ity for any payment due the vendor.
  S  24. Subdivision 7 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  7. "Service" or "services" means[, except with  respect  to  contracts
for  state printing,] the performance of a task or tasks and may include
a material good or a quantity  of  material  goods,  and  which  is  the
subject  of  any  purchase  or  other exchange. For the purposes of this
article, technology shall be deemed a service. Services, as  defined  in
this  article,  shall  not  apply  to those contracts for architectural,
engineering or  surveying  services,  or  those  contracts  approved  in
accordance with article eleven-B of this chapter.
  S  25.  Paragraph  a  of subdivision 5 of section 355 of the education
law, as amended by section 1 of subpart B of part D of chapter 58 of the
laws of 2011, is amended to read as follows:
  a.  (i)  purchase  materials,   PROPRIETARY   ELECTRONIC   INFORMATION
RESOURCES  INCLUDING  BUT  NOT  LIMITED  TO  ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
TOOLS, INDEXES AND ABSTRACTS, equipment and supplies, including computer
equipment  and  motor  vehicles, (ii) execute contracts for construction
and construction-related services  contracts,  and  (iii)  contract  for
printing,  without  prior approval by any other state officer or agency,
but subject to rules and regulations of the state comptroller not other-
wise inconsistent with the provisions of this section and in  accordance
with  guidelines  promulgated  by the state university board of trustees
after consultation with the state comptroller;
  S 25-a.  Paragraph a of subdivision 5 of section 355 of the  education
law,  as  amended by chapter 682 of the laws of 2007, is amended to read
as follows:
  a.  (i)  purchase  materials,   PROPRIETARY   ELECTRONIC   INFORMATION
RESOURCES  INCLUDING  BUT  NOT  LIMITED  TO  ACADEMIC, PROFESSIONAL, AND
INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
TOOLS,  INDEXES AND ABSTRACTS equipment and supplies, including computer
equipment and motor vehicles, where the amount  for  a  single  purchase
does  not  exceed  twenty  thousand  dollars, (ii) execute contracts for
services and construction contracts to an amount  not  exceeding  twenty
thousand  dollars,  and  (iii)  contract  for  printing to an amount not
exceeding five thousand dollars, without prior  approval  by  any  other
state  officer  or  agency,  but subject to rules and regulations of the
state comptroller not otherwise inconsistent with the provisions of this
section and in accordance with the rules and regulations promulgated  by
the state university board of trustees after consultation with the state
comptroller.  In  addition,  the  trustees,  after consultation with the
commissioner of general services, are authorized to  annually  negotiate
with the state comptroller increases in the aforementioned dollar limits
and the exemption of any articles, categories of articles or commodities
from  these  limits.  Rules  and  regulations  promulgated  by the state
university board of trustees shall, to the extent  practicable,  require
that competitive proposals be solicited for purchases, and shall include
requirements  that purchases and contracts authorized under this section
be at the lowest available  price,  including  consideration  of  prices
available through other state agencies, consistent with quality require-
ments,  and as will best promote the public interest. Such purchases may

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be made directly from  any  contractor  pursuant  to  any  contract  for
commodities  let  by  the  office of general services or any other state
agency;
  S  26. Subdivision 3 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  3.  "Commodity"  or  "commodities"  means[,  except  with  respect  to
contracts  for  state  printing,]  material  goods,  supplies, products,
construction items, ELECTRONIC INFORMATION RESOURCES or  other  standard
articles  of  commerce  [other than technology] which are the subject of
any purchase or other exchange.
  S 27. Subdivision 1 of section 163 of the state finance law is amended
by adding a new paragraph k to read as follows:
  K. "AUTHORIZED USER" OR "NON-STATE AGENCY  PURCHASER"  MEANS  (I)  ANY
OFFICER,  BODY OR AGENCY OF THE STATE OR OF A POLITICAL SUBDIVISION OR A
DISTRICT THEREIN, OR FIRE COMPANY OR VOLUNTEER AMBULANCE SERVICE AS SUCH
ARE DEFINED IN SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, TO MAKE
PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY THROUGH THE OFFICE  OF
GENERAL  SERVICES'  CENTRALIZED CONTRACTS, PURSUANT TO THE PROVISIONS OF
SECTION ONE HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW; (II)  ANY  COUNTY
EXTENSION  SERVICE  ASSOCIATION AS AUTHORIZED UNDER SUBDIVISION EIGHT OF
SECTION TWO HUNDRED TWENTY-FOUR OF THE COUNTY LAW; (III) ANY ASSOCIATION
OR OTHER ENTITY AS SPECIFIED IN  AND  IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED  NINE-A  OF  THE  GENERAL  MUNICIPAL  LAW; (IV) ANY ASSOCIATION,
CONSORTIUM OR GROUP OF PRIVATELY OWNED OR MUNICIPAL,  FEDERAL  OR  STATE
OWNED  OR  OPERATED  HOSPITALS,  MEDICAL  SCHOOLS,  OTHER HEALTH RELATED
FACILITIES OR VOLUNTARY AMBULANCE SERVICES, WHICH HAVE  ENTERED  INTO  A
CONTRACT  AND MADE MUTUAL ARRANGEMENTS FOR THE JOINT PURCHASE OF COMMOD-
ITIES, SERVICES AND TECHNOLOGY PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED
THREE-A  OF  THE PUBLIC HEALTH LAW; (V) ANY INSTITUTION FOR THE INSTRUC-
TION OF THE DEAF OR OF THE BLIND LISTED IN SECTION FORTY-TWO HUNDRED ONE
OF THE EDUCATION LAW; (VI) ANY QUALIFIED  NON-PROFIT-MAKING  AGENCY  FOR
THE  BLIND  APPROVED  BY  THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE;
(VII) ANY QUALIFIED CHARITABLE NON-PROFIT-MAKING AGENCY FOR THE SEVERELY
DISABLED  APPROVED BY THE COMMISSIONER OF EDUCATION; (VIII) ANY HOSPITAL
OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN  SECTION  TWENTY-EIGHT
HUNDRED  ONE  OF  THE PUBLIC HEALTH LAW; (IX) ANY PRIVATE NOT-FOR-PROFIT
MENTAL HYGIENE FACILITY AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE
LAW; (X) ANY PUBLIC AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION  OF  THE
STATE,  INCLUDING  THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE
INTERSTATE ENVIRONMENTAL COMMISSION; (XI) ANY  PUBLIC  LIBRARY,  ASSOCI-
ATION  LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY SYSTEM, THE NEW YORK
LIBRARY ASSOCIATION, AND THE  NEW  YORK  STATE  ASSOCIATION  OF  LIBRARY
BOARDS  OR  ANY  OTHER  LIBRARY  EXCEPT  THOSE WHICH ARE OPERATED BY FOR
PROFIT ENTITIES; (XII) ANY OTHER ASSOCIATION OR ENTITY AS  SPECIFIED  IN
STATE  LAW,  TO  MAKE  PURCHASES OF COMMODITIES, SERVICES AND TECHNOLOGY
THROUGH THE OFFICE OF GENERAL SERVICES'  CENTRALIZED  CONTRACTS.    SUCH
QUALIFIED NON-PROFIT-MAKING AGENCIES FOR THE BLIND AND SEVERELY DISABLED
MAY  MAKE  PURCHASES  FROM  THE  CORRECTIONAL  INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  SUBJECT  TO  RULES
PURSUANT TO THE CORRECTION LAW.
  S  28.  Subdivision 5 of section 362 of chapter 83 of the laws of 1995
amending the state finance law and other laws relating to  bonds,  notes
and  revenues, as amended by chapter 137 of the laws of 2008, is amended
to read as follows:

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  5. Sections thirty-one through forty-two of this act shall take effect
on the thirtieth day after it shall have  become  a  law  and  shall  be
deemed  to  have  been  in  full  force and effect on and after April 1,
1995[; provided that section 163 of the state finance law, as  added  by
section  thirty-three  of this act shall remain in full force and effect
until June 30, 2012  at  which  time  it  shall  expire  and  be  deemed
repealed. Contracts executed prior to the expiration of such section 163
shall  remain  in full force and effect until the expiration of any such
contract notwithstanding the expiration of certain  provisions  of  this
act].
  S  29.  Section 179-ee of the state finance law is amended by adding a
new subdivision 3 to read as follows:
  3. A MODIFICATION TO A CONTRACT THAT WOULD RESULT  IN  A  TRANSFER  OF
FUNDS  AMONG  PROGRAM  ACTIVITIES OR BUDGET COST CATEGORIES BUT DOES NOT
AFFECT THE AMOUNT, CONSIDERATION, SCOPE OR OTHER TERMS OF SUCH  CONTRACT
SHALL  NOT,  BY  ITSELF,  REQUIRE  SUCH  CONTRACT AND MODIFICATION TO BE
SUBMITTED TO THE COMPTROLLER FOR REVIEW; PROVIDED, HOWEVER, THAT IF SUCH
MODIFICATION IS IN AN AMOUNT EQUAL TO OR GREATER THAN TEN PERCENT OF THE
TOTAL VALUE OF THE CONTRACT,  THE  COMPTROLLER  MAY  REQUIRE  THAT  SUCH
MODIFICATION BE SUBMITTED TO HIM OR HER FOR REVIEW.
  S  30. This act shall take effect immediately, provided, however, that
procurement contracts for which bid solicitations have been issued prior
to the effective date of this act shall be subject to the provisions  of
law  in  effect at the time of issuance; and provided, however, that the
amendments to section 104 of the general municipal law made  by  section
six of this act shall be subject to the expiration and reversion of such
section  pursuant  to  section 9 of subpart A of part C of chapter 97 of
the laws of 2011, when upon such date the provisions of section  twenty-
one  of  this  act  shall  take  effect; and provided, however, that the
amendments to paragraph a of subdivision 5 of section 355 of the  educa-
tion law made by section twenty-five of this act shall be subject to the
expiration  and  reversion  of such subdivision pursuant to section 4 of
subpart B of part D of chapter 58 of the laws of 2011,  when  upon  such
date  the  provisions  of  section  twenty-five-a of this act shall take
effect; and provided further, however, that section twenty-eight of this
act shall be deemed to have been in full force and effect on  and  after
April 1, 2012.

                                 PART M

  Section 1. The civil service law is amended by adding a new section 66
to read as follows:
  S  66.  TERM  APPOINTMENTS  IN  PROFESSIONAL, SCIENTIFIC, TECHNICAL OR
OTHER EXPERT SERVICES.  1. THE DEPARTMENT MAY AUTHORIZE A TERM  APPOINT-
MENT  WITHOUT EXAMINATION TO A TEMPORARY PROFESSIONAL, SCIENTIFIC, TECH-
NICAL OR OTHER POSITION REQUIRING SPECIAL EXPERTISE  OR  QUALIFICATIONS.
SUCH  APPOINTMENT  MAY BE AUTHORIZED ONLY IN A CASE WHERE THE APPOINTING
AUTHORITY CERTIFIES TO THE  DEPARTMENT  THAT  BECAUSE  OF  THE  TYPE  OF
SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL CHARACTER OF SUCH
SERVICES,  IT  WOULD  NOT  BE  PRACTICABLE TO HOLD AN EXAMINATION OF ANY
KIND. SUCH CERTIFICATION SHALL BE A  PUBLIC  DOCUMENT  PURSUANT  TO  THE
PUBLIC  OFFICERS  LAW AND SHALL IDENTIFY THE SPECIAL EXPERTISE OR QUALI-
FICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE OBTAINED  THROUGH  AN
APPOINTMENT  FROM  AN  ELIGIBLE  LIST.  THE MAXIMUM PERIOD FOR SUCH TERM
APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION  SHALL  NOT  EXCEED
SIXTY MONTHS AND SHALL NOT BE EXTENDED. THE MAXIMUM NUMBER OF PERSONS IN

S. 6255--A                         83                         A. 9055--A

SUCH  APPOINTMENTS  SHALL  NOT  EXCEED  FIVE HUNDRED AT ANY ONE TIME. AT
LEAST FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT  TO  THIS
SECTION  THE  APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST
IN ITS OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED
QUALIFICATIONS  AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID
POSITION. AN EMPLOYEE APPOINTED  PURSUANT  TO  THIS  PROVISION  WHO  HAS
COMPLETED  TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE
ABLE TO COMPETE IN ONE PROMOTIONAL EXAMINATION  THAT  IS  ALSO  OPEN  TO
OTHER EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPRO-
PRIATE QUALIFICATIONS.
  2.  A  TEMPORARY  POSITION  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY,  CONSOLIDATION  OR
ABOLITION  OF  FUNCTIONS,  CURTAILMENT  OF ACTIVITIES OR OTHERWISE. UPON
SUCH ABOLITION OR AT THE  END  OF  THE  TERM  OF  THE  APPOINTMENT,  THE
PROVISIONS   OF   SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,  EIGHTY  AND
EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A  REDUCTION
OF  WORKFORCE  PURSUANT  TO  SECTION  EIGHTY  OF  THIS CHAPTER AFFECTING
PROFESSIONAL, SCIENTIFIC, TECHNICAL,  OR  INFORMATION  TECHNOLOGY  POSI-
TIONS, THE TERM APPOINTMENTS PURSUANT TO THIS SECTION AT AN AGENCY SHALL
BE  ABOLISHED  PRIOR  TO  THE  ABOLITION  OF PERMANENT COMPETITIVE CLASS
PROFESSIONAL, SCIENTIFIC, TECHNICAL, OR INFORMATION TECHNOLOGY POSITIONS
AT SUCH AGENCY INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
  3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THE  DEPART-
MENT  MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO THOSE
ELIGIBLES IDENTIFIED AS HAVING KNOWLEDGE, SKILLS OR  CERTIFICATIONS,  OR
ANY  COMBINATION  THEREOF,  IDENTIFIED  BY  THE  APPOINTING AUTHORITY AS
NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
  35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
  35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
  35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
  35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
  35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
  35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27
  35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
  35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27
  35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27
  S 2. Section 51 of the civil service law, as amended by chapter 836 of
the laws of 1968, is amended to read as follows:
  S 51. Filling vacancies by open competitive OR OPEN PROMOTION examina-
tion. 1.  Upon the written request of  the  appointing  officer  stating
[his]  THE  reasons  therefor, or on its own initiative, the state civil
service department or appropriate municipal commission may determine  to
conduct  an open competitive examination for filling a vacancy or vacan-
cies instead of a promotion examination.
  2. Except where the state  civil  service  department  or  appropriate
municipal commission finds that there are less than three persons eligi-
ble  for promotion in the promotion unit where the vacancy exists, or in
the department, if such vacancy is not in  a  separate  promotion  unit,
[and]  OR except where the department or municipal commission determines
to conduct an open competitive and a promotion examination simultaneous-
ly, OR EXCEPT WHERE THE STATE CIVIL  SERVICE  DEPARTMENT  DETERMINES  TO
CONDUCT  AN  OPEN  PROMOTION EXAMINATION PURSUANT TO SUBDIVISION FOUR OF
THIS SECTION, a notice of intention to  conduct  such  open  competitive
examination  OR  OPEN  PROMOTION EXAMINATION or a copy of the appointing

S. 6255--A                         84                         A. 9055--A

officer's request for open competitive  examination  OR  OPEN  PROMOTION
EXAMINATION,  as  the  case  may be, shall be publicly and conspicuously
posted in the offices of both the appointing officer and the state civil
service  department or appropriate municipal commission and such request
shall not be acted upon until said notice has been posted  as  aforesaid
for a period of not less than fifteen days.
  3.  Any  employee  who believes that a promotion examination should be
held for filling such vacancy may submit  to  the  state  civil  service
department  or  appropriate  municipal commission his OR HER request, in
writing, for a promotion examination rather than an open competitive  OR
OPEN  PROMOTION  examination, stating the reasons why he OR SHE believes
it to be practicable and in the public interest to fill the  vacancy  by
promotion examination.
  4.  THE STATE CIVIL SERVICE DEPARTMENT, UPON THE WRITTEN REQUEST OF AN
APPOINTING OFFICER, OR ON ITS OWN INITIATIVE, MAY DETERMINE  TO  CONDUCT
AN  OPEN  PROMOTION  EXAMINATION  FOR  FILLING A VACANCY OR VACANCIES IN
PROFESSIONAL, TECHNICAL, SCIENTIFIC OR  ADMINISTRATIVE  POSITIONS.  SUCH
OPEN  PROMOTION  EXAMINATION  SHALL  BE  OPEN  BOTH TO PERSONS WHO WOULD
OTHERWISE BE ELIGIBLE TO PARTICIPATE IN AN OPEN COMPETITIVE  EXAMINATION
FOR  SUCH  POSITIONS  AND  TO PERSONS WHO WOULD OTHERWISE BE ELIGIBLE TO
PARTICIPATE IN A PROMOTION  EXAMINATION  FOR  SUCH  POSITIONS,  PROVIDED
HOWEVER,  THAT  PERSONS  MAY ONLY PARTICIPATE IN EITHER THE PROMOTION OR
OPEN COMPETITIVE EXAMINATION. ELIGIBLE LISTS SHALL BE CERTIFIED  IN  THE
MANNER PROVIDED IN SUBDIVISION FOUR OF SECTION SIXTY OF THIS ARTICLE.
  S  3.  Section  60 of the civil service law is amended by adding a new
subdivision 4 to read as follows:
  4. CERTIFICATION OF ELIGIBLE LISTS FROM AN OPEN PROMOTION EXAMINATION.
THE STATE DEPARTMENT OF CIVIL SERVICE SHALL CERTIFY A PROMOTION ELIGIBLE
LIST AND AN OPEN COMPETITIVE ELIGIBLE LIST CONTAINING THE NAMES  OF  ALL
SUCCESSFUL  CANDIDATES RESULTING FROM AN OPEN PROMOTION EXAMINATION HELD
PURSUANT TO SUBDIVISION FOUR OF SECTION FIFTY-ONE OF THIS  ARTICLE.  THE
PROMOTION  ELIGIBLE  LIST  SHALL  BE  ESTABLISHED IN THE SAME MANNER AND
SUBJECT TO THE SAME CONDITIONS AS WOULD OTHERWISE APPLY IF SUCH EXAMINA-
TION HAD BEEN A PROMOTION EXAMINATION; THE  RATINGS  AND  RANKS  OF  THE
CANDIDATES SHALL BE REVISED BY INCLUDING CREDIT FOR SENIORITY AND APPLY-
ING ADDITIONAL CREDITS FOR DISABLED AND NON-DISABLED VETERANS APPLICABLE
TO  PROMOTION  EXAMINATIONS.  THE  OPEN  COMPETITIVE LIST SHALL RANK ALL
SUCCESSFUL CANDIDATES IN THE ORDER OF THEIR FINAL RATINGS;  THE  RATINGS
AND  RANKS  OF  THE  CANDIDATES SHALL BE REVISED BY INCLUDING ADDITIONAL
CREDITS FOR DISABLED AND NON-DISABLED VETERANS  APPLICABLE  TO  EXAMINA-
TIONS  FOR  ORIGINAL  APPOINTMENT.  AN APPOINTING OFFICER MAY USE EITHER
LIST TO FILL A VACANCY.
  S 4. Subdivision 4 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, is amended to read as follows:
  4. Departmental and interdepartmental promotion lists. The state civil
service department and municipal commissions may establish  interdepart-
mental  promotion  ELIGIBLE  lists  which  shall  not  be certified to a
department until after the promotion eligible list for  that  department
has  been  exhausted, EXCEPT THAT WHERE IT WOULD BE IN THE BEST INTEREST
OF THE STATE SERVICE, THE STATE CIVIL SERVICE DEPARTMENT MAY CERTIFY  AN
INTERDEPARTMENTAL  PROMOTION  ELIGIBLE  LIST  AND DEPARTMENTAL PROMOTION
ELIGIBLE LIST FOR FILLING POSITIONS WITHOUT PREFERENCE  TO  THE  DEPART-
MENTAL PROMOTION ELIGIBLE LIST.
  S 5. Subdivision 11 of section 52 of the civil service law, as amended
by chapter 214 of the laws of 1989, is amended to read as follows:

S. 6255--A                         85                         A. 9055--A

  11.  Notwithstanding any other provision of law, the state [department
of] civil service DEPARTMENT may, for titles designated by it, extend to
employees in the state service who are holding or who have held a  posi-
tion  in  the  non-competitive  or  labor class of such service the same
opportunity  as  employees  in  the  competitive class to take promotion
examinations [if such examinations are to be held  in  conjunction  with
open competitive examinations].
  S 6. Subdivision 6 of section 52 of the civil service law, as added by
chapter 790 of the laws of 1958, paragraph (a) as amended by chapter 210
of  the laws of 1971 and paragraph (b) as separately amended by chapters
836 and 837 of the laws of 1968, is amended to read as follows:
  6. Promotion and transfer to administrative  positions  in  the  state
service.  (a) For the purpose of this subdivision, the term "administra-
tive positions" shall include competitive class OR NON-COMPETITIVE CLASS
positions in the state service in law, personnel, budgeting, methods and
procedures, management, records analysis, and  administrative  research,
as determined by the state civil service department.
  (b) Except as provided in section fifty-one OF THIS ARTICLE, vacancies
in administrative positions IN THE COMPETITIVE CLASS shall be filled, so
far  as  practicable,  by  promotion as prescribed in subdivision one of
this section, which may be made from among persons  holding  administra-
tive  positions  in  lower  grades  without regard to the specialties of
their lower grade positions. The  civil  service  department,  upon  the
request  of an appointing officer stating the reasons why the filling of
administrative positions in grade fourteen or higher under his jurisdic-
tion from an  interdepartmental  promotion  list  or  a  promotion  list
including  persons employed in other units of government would be in the
best interests of the state service, or upon its own initiative whenever
it finds that the filling of administrative positions in grade  fourteen
or  higher in any department from such an interdepartmental or intergov-
ernmental promotion list would be in the best  interests  of  the  state
service,  may  certify  such  an  interdepartmental or intergovernmental
promotion list for filling such positions, without preference to depart-
mental lists or to  eligibles  holding  lower  grade  positions  in  the
department or promotion unit in which such positions exist.
  (c) Transfers shall be allowed between administrative positions in the
same  or  related  or collateral specialties which involve substantially
equivalent COMPETITIVE EXAMINATIONS OR NON-COMPETITIVE tests  or  quali-
fications, subject to such conditions and limitations as the state civil
service department may prescribe.
  (d)  The  provisions  of  this  subdivision  shall  be  applicable and
controlling, notwithstanding any other provisions  of  this  section  or
chapter or any other law.
  S  7. Subdivision 1 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
  1. General provisions. Except as provided in subdivisions four and six
of this section no employee IN THE COMPETITIVE OR NON-COMPETITIVE  CLASS
shall  be  transferred to a position for which there is required by this
chapter or the rules  established  hereunder  an  examination  involving
essential  tests  or  qualifications different from or higher than those
required for the position held by such employee. The state and municipal
commissions may adopt rules governing  transfers  between  positions  in
their  respective  jurisdictions  and  may  also  adopt reciprocal rules
providing for the transfer of employees from one governmental  jurisdic-
tion  to  another.  No  employee shall be transferred without his or her
consent except as provided in subdivision six of this section or    upon

S. 6255--A                         86                         A. 9055--A

the  transfer  of  functions  as  provided  in  subdivision  two of this
section. NOTWITHSTANDING THE PROVISIONS OF SECTION FIFTY OF THIS CHAPTER
OR ANY OTHER LAW, TRANSFERS IN THE STATE SERVICE PURSUANT TO THIS SUBDI-
VISION  FROM  NON-COMPETITIVE CLASS POSITIONS TO COMPETITIVE CLASS POSI-
TIONS SHALL BE PERMITTED ONLY WHERE THE NON-COMPETITIVE TESTS OR  QUALI-
FICATIONS INCLUDE POSSESSION OF CREDENTIALS, LICENSES, OR CERTIFICATIONS
GRANTED  BY  APPROPRIATE  REGULATORY  BODIES  WHICH  ARE  SIMILAR TO THE
REQUIRED ESSENTIAL TESTS OR  QUALIFICATIONS  OF  THE  COMPETITIVE  CLASS
POSITION.
  S  8. Subdivision 4 of section 70 of the civil service law, as amended
by chapter 718 of the laws of 1993, is amended to read as follows:
  4. Transfer and change of title.  Notwithstanding  the  provisions  of
subdivision  one  of  this  section  or  any other provision of law, any
permanent employee in the competitive, NON-COMPETITIVE, OR  LABOR  class
who  meets all of the requirements for a competitive examination, and is
otherwise qualified as determined by the state civil service  commission
or  the municipal civil service commission, as the case may be, shall be
eligible for participation in a non-competitive examination in a differ-
ent position classification, provided, however, that  such  employee  is
holding a position in a similar grade.
  S  9.  Section  70 of the civil service law is amended by adding a new
subdivision 3 to read as follows:
  3. TRANSFER OF PERSONNEL UPON THE CONSOLIDATION OR MERGER OF  AGENCIES
OR DEPARTMENTS OF THE STATE. OFFICERS AND EMPLOYEES TRANSFERRED PURSUANT
TO  SUBDIVISION ONE OR TWO OF THIS SECTION TO A NEW DEPARTMENT OR AGENCY
SHALL BE TRANSFERRED IN THEIR CURRENT CIVIL SERVICE  CLASSIFICATION  AND
STATUS. TRANSFERRED PERMANENT EMPLOYEES WHOSE POSITIONS ARE SUBSEQUENTLY
RECLASSIFIED  TO  ALIGN  WITH  THE  DUTIES AND RESPONSIBILITIES OF THEIR
POSITIONS WITHIN THE NEW DEPARTMENT OR AGENCY SHALL HOLD SUCH  POSITIONS
WITHOUT FURTHER EXAMINATION OR QUALIFICATION.  NOTWITHSTANDING ANY OTHER
PROVISION  OF THIS CHAPTER, THE NAMES OF PERMANENT EMPLOYEES TRANSFERRED
FROM A STATE DEPARTMENT OR AGENCY TO A NEW DEPARTMENT OR AGENCY WHO WERE
ON A PROMOTION ELIGIBLE LIST FOR APPOINTMENT IN THE AGENCY OR DEPARTMENT
FROM WHICH SUCH  EMPLOYEES  WERE  TRANSFERRED  SHALL  BE  ADDED  TO  THE
PROMOTION  ELIGIBLE  LIST  IN THE NEW DEPARTMENT OR AGENCY, AS THE STATE
CIVIL SERVICE DEPARTMENT DEEMS APPROPRIATE.
  S 10. This act shall take effect immediately; provided, however,  that
section  one  of this act shall be deemed to have been in full force and
effect on and after December 31, 2011.

                                 PART N

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. Tuition reimbursement fund (050):
  a. Tuition reimbursement account (01).
  b. Proprietary vocational school supervision account (02).
  2. Local government records management improvement fund (052):
  a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):
  a. Highway and bridge capital account (01).
  b. State university residence hall rehabilitation fund (074).
  4. State parks infrastructure trust fund (076):
  a. State parks infrastructure account (01).

S. 6255--A                         87                         A. 9055--A

  5. Clean water/clean air implementation fund (079).
  6. State lottery fund (160):
  a. Education - New (03).
  b. VLT - Sound basic education fund (06).
  7. Medicaid management information system escrow fund (179).
  8. Sewage treatment program management and administration fund (300).
  9. Environmental conservation special revenue fund (301):
  a. Waste cleanup and management account (48).
  b. Hazardous bulk storage account (F7).
  c. Great lakes restoration initiative account (GL).
  d. Low level radioactive waste siting account (K5).
  e. Recreation account (K6).
  f. Public safety recovery account (PS).
  g. Conservationist magazine account (S4).
  h. Environmental regulatory account (S5).
  i. Natural resource account (S6).
  j. Mined land reclamation program account (XB).
  k. Federal grants indirect cost recovery account (IC).
  10. Environmental protection and oil spill compensation fund (303).
  11. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  12. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  13. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  14. Centralized services fund (323).
  15. State exposition special fund (325).
  16. Agency enterprise fund (331):
  a. OGS convention center account (55).
  17. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account (ZV).
  18. Miscellaneous special revenue fund (339):
  a. Statewide planning and research cooperative system account (03).
  b. OPWDD provider of service account (05).
  c. New York state thruway authority account (08).
  d. Mental hygiene patient income account (13).
  e. Financial control board account (15).
  f. Regulation of racing account (16).

S. 6255--A                         88                         A. 9055--A

  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).
  j. Certificate of need account (26).
  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Multi-agency training account (AY).
  aa. Critical infrastructure account (B3).
  bb. Insurance department account (B6).
  cc. Bell jar collection account (BJ).
  dd. Industry and utility service account (BK).
  ee. Real property disposition account (BP).
  ff. Parking account (BQ).
  gg. Asbestos safety training program account (BW).
  hh. Public service account (C3).
  ii. Batavia school for the blind account (D9).
  jj. Investment services account (DC).
  kk. Surplus property account (DE).
  ll. Financial oversight account (DI).
  mm. Regulation of indian gaming account (DT).
  nn. Interest assessment account (DZ).
  oo. Office of the professions account (E3).
  pp. Rome school for the deaf account (E6).
  qq. Seized assets account (E8).
  rr. Administrative adjudication account (E9).
  ss. Federal salary sharing account (EC).
  tt. New York City Assessment Account (EM).
  uu. Cultural education account (EN).
  vv. Examination and miscellaneous revenue account (ER).
  ww. Transportation regulation account (F1).
  xx. Local services account (G3).
  yy. DHCR mortgage servicing account (H2).
  zz. Department of motor vehicles compulsory insurance account (H7).
  aaa. Housing indirect cost recovery account (HI).
  bbb. DHCR-HCA application fee account (J5).
  ccc. Federal gasoline and diesel fuel excise tax account (L6).
  ddd. Low income housing monitoring account (NG).
  eee. Procurement opportunities newsletter account (P4).
  fff. Corporation administration account (P6).
  ggg. Montrose veteran's home account (Q6).
  hhh. Excelsior capital corporation reimbursement account (R1).
  iii. Motor fuel quality account (R4).
  jjj. Deferred compensation administration account (R7).

S. 6255--A                         89                         A. 9055--A

  kkk. Rent revenue other account (RR).
  lll. Rent revenue account (S8).
  mmm. Tax revenue arrearage account (TR).
  nnn. Solid waste management account (W3).
  ooo. Occupational health clinics account (W4).
  ppp. Capacity contracting (XU).
  qqq. Administrative cost recovery -
  tax return preparer registration fee account (Y8).
  rrr. Sales tax re-registration fee account (YD).
  sss. Equitable sharing agreement account (YP).
  ttt. Point insurance reduction program account.
  uuu. Internet point insurance reduction program account (IC).
  vvv. Mental hygiene program fund account (10).
  www. Third party debt collection account.
  xxx. Regulation of manufactured housing account (CM).
  yyy. Business and licensing services account (AG).
  zzz. Consumer protection account (F2).
  19. State university income fund (345):
  a. State university general income offset account (11).
  20. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  21. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  22. Highway safety program fund (362):
  a. Highway safety program account (01).
  23. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).
  b. DOH drinking water program account (02).
  24. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  25. Housing assistance fund (374).
  26. Housing program fund (376).
  27. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  28. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  29. Mental hygiene facilities capital improvement fund (389).
  30. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  31. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account (zz).
  32. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).
  b. Civil service employee benefits div admin (01).
  33. Correctional industries revolving fund (397).
  34. Correctional facilities capital improvement fund (399).
  35. HCRA resources fund (061):
  a. EPIC premium account (J6).
  b. Hospital based grants program account (AF).
  c. Child health plus program account (29).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that

S. 6255--A                         90                         A. 9055--A

sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food nutrition services fund (261).
  2. Federal health and human services fund (265).
  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2013, up to the unencumbered balance or the  follow-
ing amounts:
Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  4. $100,000 from the miscellaneous special revenue fund  (339),  manu-
factured housing account (CM), to the general fund.
  5.  An  amount  up  to the unencumbered balance from the miscellaneous
special revenue fund (339), administrative costs account  (AB),  to  the
general fund.
Education:
  1.  $2,217,000,000  from  the  general  fund to the state lottery fund
(160), education account (03), as reimbursement for  disbursements  made
from  such  fund  for  supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1612  of  the  tax
law.
  2. $836,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys from the state lottery fund (160) up to an amount deposited
in such fund pursuant to section 1612 of the tax law in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  $300,000  from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
  5. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund (339), Rome school for the deaf account (E6).
  7. $80,000,000 from the state university dormitory income  fund  (330)
to the state university residence hall rehabilitation fund (074).
  8.  $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).

S. 6255--A                         91                         A. 9055--A

  9. $24,000,000 from any of  the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
  10.  $8,318,000  from  the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  11. $45,000,000 from the State University  Income  Fund  (345),  State
University  Hospitals  Income  Reimbursable  Account (22) to the general
fund for hospital debt service for the  period  April  1,  2012  through
March 31, 2013.
  12.  $884,000 from the state university income fund (345), Long Island
Veterans' Home Account (09) to the general fund.
Environmental Affairs:
  1. $500,000 from the department of  transportation's  federal  capital
projects  fund (291) to the office of parks and recreation federal oper-
ating grants fund (290), miscellaneous operating grants account.
  2. $16,000,000 from any of the department of  environmental  conserva-
tion's  special  revenue federal funds to the special revenue fund (301)
federal grant indirect cost recovery account.
  3. $2,000,000 from any of the department  of  environmental  conserva-
tion's  special  revenue federal funds to the conservation fund (302) as
necessary to avoid diversion of conservation funds.
  4. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue  federal
funds  to  the  special  revenue  fund (339) federal grant indirect cost
recovery account (Z1).
  5. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special  revenue  fund
(339), I love NY water account (39).
Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund (339), office of human resources  development  state  match
account (2C).
  2.  $3,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund (339), family  preserva-
tion and support services and family violence services account (GC).
  3.  $6,000,000  from any of the office of children and family services
special revenue federal  funds  to  the  general  fund  for  title  IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the general fund.
  5. $10,000,000 from any of the office of children and family  services
or  office  of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous  special  revenue  fund  (339),
connections account (WK).
  6.  $41,000,000  from  any  of  the office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265) to the general fund.

S. 6255--A                         92                         A. 9055--A

  7.  $155,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.
  8.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  9. $50,000,000 from any of the office of children and family services,
office  of temporary and disability assistance, department of labor, and
department of health special revenue federal  funds  to  the  office  of
children  and  family services miscellaneous special revenue fund (339),
multi-agency training contract account (AY).
  10. $152,400,000 from the miscellaneous special  revenue  fund  (339),
youth facility per Diem account (YF), to the general fund.
  11.  $621,850 from the general fund to the combined gifts, grants, and
bequests fund (020), WB Hoyt Memorial account (78).
  12. $1,300,000 from any of the  office  of  temporary  and  disability
assistance and department of health special revenue federal funds to the
miscellaneous  special  revenue  fund  (339)  welfare  inspector general
administrative reimbursement account (WW).
  13. $4,822,000 from the miscellaneous special revenue fund (339) state
central registry (CY) to the general fund.
General Government:
  1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
  3. $192,400,000 from the health insurance reserve receipts fund  (167)
to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
  5.  $150,000  from the not-for-profit revolving loan fund (055) to the
general fund.
  6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
  7. $3,000,000 from  the  miscellaneous  special  revenue  fund  (339),
surplus property account (DE), to the general fund.
  8.  $19,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
  9. $23,000,000 from the  miscellaneous  special  revenue  fund  (339),
revenue arrearage account (CR), to the general fund.
  10.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
revenue arrearage account (CR), to  the  miscellaneous  special  revenue
fund (339) authority budget office account.
  11.  $1,000,000  from  the  miscellaneous  special revenue fund (339),
parking services account (BQ), to the general fund, for the  purpose  of
reimbursing  the  costs of debt service related to state parking facili-
ties.
  12. $55,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), statewide financial system account (FM).
  13.  $12,300,000  from  the general fund, to the office for technology
internal service fund (334),  centralized  technology  services  account
(30), for the purpose of developing a statewide licensing system.
  14.  $12,000,000  from  the  general fund to the office for technology
internal service fund (334), central technology services  account  (30),
for the purpose of enterprise technology projects.

S. 6255--A                         93                         A. 9055--A

  Health:
  1.  $12,000,000  from  any of the department of health accounts within
the federal health and human services fund (265) to the general fund.
  2. $139,560,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
  3. $1,000,000 from the general fund to the combined gifts, grants  and
bequests  fund (020), breast cancer research and education account (BD),
an amount equal to the monies collected and deposited into that  account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous   special  revenue  fund  (339),  statewide  planning  and
research cooperation system (SPARCS) program account (03).
  5. $250,000 from the general fund to the combined  gifts,  grants  and
bequests  fund (020), prostate cancer research, detection, and education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6. $500,000 from the general fund to the combined  gifts,  grants  and
bequests fund (020), Alzheimer's disease research and assistance account
(AA),  an  amount  equal to the moneys collected and deposited into that
account in the previous fiscal year.
  7. $1,000,000 from  the  miscellaneous  special  revenue  fund  (339),
administration account (AP), to the general fund.
  8.  $600,000,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special  revenue  fund  (339),  federal  state health reform partnership
account (FS).
  9. $50,000,000 from the special revenue  fund  (061),  HCRA  resources
fund, to the miscellaneous special revenue fund (339), empire state stem
cell trust fund account (SR).
  10.  $1,250,000  from  the  miscellaneous  New  York state agency fund
(169), medical assistance account to the department of health  miscella-
neous  special  revenue fund (339), third party health insurance account
(35).
  11. $3,700,000 from the  miscellaneous  New  York  state  agency  fund
(169),  medical  assistance  account to the office of medicaid inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
  12. $2,500,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), quality of care improvement account (QC).
Labor:
  1.  $700,000  from  the  labor standards miscellaneous special revenue
fund (339), fee  and  penalty  account  (30),  to  the  child  performer
protection fund (025), child performer protection account (CP).
  2.  $8,000,000  from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
  3. $6,500,000 from the unemployment  insurance  interest  and  penalty
special  revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
  4. $2,700,000 from the labor standards miscellaneous  special  revenue
fund (339), public work enforcement account (BA), to the general fund.
  5.  $1,500,000 from the training and education program on occupational
safety and health fund (305), occupational safety and health  inspection
account (02), to the general fund.
Mental Hygiene:

S. 6255--A                         94                         A. 9055--A

  1.  $5,000,000  from  the  miscellaneous  special  revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous  special
revenue fund (339), provider of service accounts (05).
  3.  $220,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to  the  miscellaneous  special
revenue fund (339), provider of service account (05).
  4.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
  5. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene program fund account (10).
  6.  $300,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
  7. $180,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13) to the general fund.
  8.  $200,000  from  the  chemical dependence service fund (346) to the
general fund.
  9. $200,000 from the combined gifts, grants and bequests  fund  (020),
disability and technical assistance account (D1) to the general fund.
Public Protection:
  1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
  2.  $3,300,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
  3. $9,500,000 from the general fund  to  the  correctional  industries
revolving  fund  (397), correctional industries internal service account
(00).
  4. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  5. $16,000,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), crimes against revenue program account (CA).
  6. $20,000,000 from any office of homeland security account within the
federal  miscellaneous  operating  grants  fund  (290),  receiving money
through the homeland security grants program, to the general fund.
  7. $26,900,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
  8. $20,000,000 from the  miscellaneous  special  revenue  fund  (339),
statewide  public  safety  communications  account  (LZ), to the general
fund.
  9. $106,000,000 from the state police and motor vehicle  law  enforce-
ment  and  motor vehicle theft and insurance fund prevention fund (354),
state police motor vehicle enforcement account (02) to the general  fund
for state operation expenses of the division of state police.
  10.  $21,500,000  from the general fund to the correctional facilities
capital improvement fund (399).
Transportation:
  1. $17,672,000 from the federal miscellaneous  operating  grants  fund
(290)  to  the  special  revenue  fund (339), tri-state federal regional
planning account (17).
  2. $20,147,000 from the federal capital projects  fund  (291)  to  the
special revenue fund (339), tri-state federal regional planning accounts
(17).
  3.  $15,368,000  from  the  miscellaneous  special revenue fund (339),
compulsory insurance account (H7), to the general fund.

S. 6255--A                         95                         A. 9055--A

  4. $12,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund  (313),  public transportation systems operating
assistance account (01).
  5.  $597,317,000  from  the  general fund to the dedicated highway and
bridge trust fund (072).
  6. $606,000 from the miscellaneous special revenue fund (339),  inter-
net point insurance reduction program account (IC), to the general fund.
  7.  $6,000 from the miscellaneous special revenue fund (339), motorcy-
cle safety account (AE), to the general fund.
  8. $12,000 from the general fund to the miscellaneous special  revenue
fund (339), federal seized asset account (GE).
  9.  $10,000,000  from  the  miscellaneous  special revenue fund (339),
department of transportation accident damage recovery account  (G7),  to
the dedicated highway and bridge trust fund (072).
  10. $255,000,000 from the general fund to the MTA financial assistance
fund (225), mobility tax trust account (01).
Miscellaneous:
  1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (064).
  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2013:
  1.  Upon request of the commissioner of environmental conservation, up
to $10,940,000 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,197,800 from
the environmental protection and oil spill compensation fund (303),  and
$1,751,600  from  the  conservation  fund  (302),  to  the environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the  state  exposition  special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund  (387),
state fair capital improvement account (13).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (HI).
  5. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6. Upon request of the commissioner of health up to  $15,000,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund  (339),  administration
account (AP).
  7.  On  or  about March 31, 2012, the comptroller is authorized to and
directed to transfer all funds from the  miscellaneous  special  revenue
fund  (339),  commission  of investigation seized assets account (EK) to
the miscellaneous special revenue fund (339), state police seized  asset
account (E8).

S. 6255--A                         96                         A. 9055--A

  S  4.  Notwithstanding  section  2815  of the public health law or any
other contrary provision of law, upon the direction of the  director  of
the  budget  and  the commissioner of health, the dormitory authority of
the state of New York is directed  to  transfer  seven  million  dollars
annually  from  funds  available  and  uncommitted in the New York state
health care restructuring pool to the  health  care  reform  act  (HCRA)
resources fund - HCRA resources account.
  S 5. On or before March 31, 2013, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  6.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S 6-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her
designee, on or before March 31, 2013, up to $16,000,000 from the  State
university  income  fund (345) general revenue account (10) to the State
general fund for debt service costs related to capital project costs for
the NY-SUNY 2020 challenge grant program.
  S 7. Notwithstanding any law to the  contrary,  the  state  university
chancellor  or her designee is authorized and directed to transfer esti-
mated tuition revenue balances from the state university collection fund
(344) to the state  university  fund  (345),  state  university  general
revenue offset account (12) on or before March 31, 2013.
  S  8.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $60,000,000 from the general fund to the state university income fund
(345), state  university  hospitals  income  reimbursable  account  (22)
during  the period July 1, 2012 through June 30, 2013 to reflect ongoing
state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
SUNY hospitals' state agency status.
  S  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $968,550,300 from the general fund to  the  state  university  income
fund  (345), state university general revenue offset account (12) during
the period of July 1, 2012 through June 30, 2013 to  support  operations
at the state university.
  S  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for hospital income reimbursable for services and expenses  of  hospital
operations  and  capital expenditures at the state university hospitals,
and the state university income fund (345) Long  Island  veterans'  home

S. 6255--A                         97                         A. 9055--A

account  (09)  to the state university capital projects fund (384) on or
before June 30, 2013.
  S  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection  fund  (344),  Stony  Brook  hospital
collection account (07), Brooklyn hospital collection account (08),  and
Syracuse hospital collection account (09) to the state university income
fund  (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in  the  state  university
income  fund  (345),  state  university  hospitals  income  reimbursable
account (22) to transfer moneys, in amounts  sufficient  to  permit  the
full transfer of moneys authorized for transfer, to the general fund for
payment  of  debt service related to the SUNY hospitals. Notwithstanding
any law to the contrary, the comptroller is also hereby  authorized  and
directed, after consultation with the state university chancellor or his
or  her  designee,  to  transfer moneys from the state university income
fund (345) to the state university income fund (345),  state  university
hospitals  income  reimbursable  account  (22) in the event insufficient
funds are available in the state university  income  fund  (345),  state
university  hospitals  income  reimbursable account (22) to pay hospital
operating costs or to transfer moneys, in amounts sufficient  to  permit
the full transfer of moneys authorized for transfer, to the general fund
for  payment  of debt service related to the SUNY hospitals on or before
March 31, 2013.
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed  to  transfer  monies, upon request of the director of the
budget, on or before March 31, 2013, from and to any  of  the  following
accounts:  the  miscellaneous special revenue fund (339), patient income
account (13), the  miscellaneous  special  revenue  fund  (339),  mental
hygiene  program  fund  account (10) or the general fund in any combina-
tion, the aggregate of which shall not exceed $350 million.
  S 13. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2012-13
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects funds, the community projects fund, or funds that would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation, are not permitted  pursuant  to
this  authorization. The director of the budget shall notify both houses
of the legislature in writing prior to initiating transfers pursuant  to
this authorization.
  S  14. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable  by
its  trustees,  is authorized and directed to make a contribution to the
state treasury to the credit of the general fund in an amount of  up  to
$65,000,000  for  the  fiscal  year  commencing April 1, 2012. The power
authority of the state of New York will transfer up  to  $25,000,000  by
June  30,  2012 and will transfer the remainder of any such contribution
by January 31, 2013.

S. 6255--A                         98                         A. 9055--A

  S 15.  In addition to any payment made by a public benefit corporation
pursuant to an assessment imposed under sections 2975, 2975-a, 2976  and
2976-a  of  the  public authorities law, a public benefit corporation is
authorized to make voluntary contributions to the state general fund  or
to  any  other  public benefit corporation for any lawful purpose at any
time from any public benefit corporation funds in such amounts as deemed
to be feasible  and  advisable  by  such  public  benefit  corporation's
governing  board  after  due  consideration of the public benefit corpo-
ration's legal and financial obligations. Notwithstanding any other law,
the payment of a voluntary  payment  pursuant  to  this  subdivision  is
deemed to be a valid and proper purpose for which available funds may be
applied.  Voluntary  contributions  made  to  the state pursuant to this
subdivision shall be payable to the state treasury to the credit of  the
general fund.
  S  16.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 16 of part BB of chapter 58 of the laws of  2011,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one,  AND NOTWITHSTANDING THE PROVISIONS OF CHAPTER NINETY-FOUR OF THE
LAWS OF TWO THOUSAND ELEVEN, or any  other  provisions  of  law  to  the
contrary,  during  the  fiscal  year beginning April first, two thousand
[ten] TWELVE, AND DURING EACH FISCAL YEAR THEREAFTER,  the  state  comp-
troller is hereby authorized and directed to deposit to the fund created
pursuant  to  this  section  from  amounts collected pursuant to article
twenty-two of the tax law [and pursuant to a schedule submitted  by  the
director  of  the  budget,  up to $3,292,520,000, as may be certified in
such schedule as] THE AMOUNTS necessary to meet  the  purposes  of  such
fund  for  [the]  EACH  fiscal year [beginning April first, two thousand
eleven] PURSUANT TO A SCHEDULE SUBMITTED BY THE DIRECTOR OF THE  BUDGET.
THE  DIRECTOR  OF THE BUDGET SHALL NOTIFY BOTH HOUSES OF THE LEGISLATURE
IN WRITING WHEN SUBMITTING SUCH SCHEDULE OF DEPOSITS TO THE STATE  COMP-
TROLLER.
  S  16-a.  Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 8 of part F of chapter 109 of the laws  of  2006,  is
REPEALED.
  S  17.  The  comptroller  is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities  capital  improve-
ment  fund (399) by a chapter of the laws of 2012.  Reimbursements shall
be available for spending from appropriations made to the department  of
correctional  services  in the general fund-state purposes accounts by a
chapter of the laws of 2012 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S 18. Subdivision 6 of section 4 of the state finance law, as  amended
by  section  16 of part JJ of chapter 56 of the laws of 2010, is amended
to read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the

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budget shall,  but  not  less  than  three  days  following  preliminary
submission  to the [chairpersons] CHAIRS of the senate finance committee
and the assembly ways and means committee, file  with  the  state  comp-
troller  an  identification  of  specific monies to be so deposited. Any
subsequent change regarding the monies to be so deposited shall be filed
by the director of the budget, as soon as practicable, but not less than
three days following preliminary submission to the [chairpersons] CHAIRS
of the senate finance committee and the assembly ways and means  commit-
tee.
  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  [The  provisions  of  this  subdivision  shall expire on March thirty-
first, two thousand twelve.]
  S 18-a. The state comptroller is hereby  authorized  and  directed  to
abolish  or consolidate with the state general fund the associated funds
and/or accounts established  pursuant  to  section  92-a  of  the  state
finance  law,  subdivision  5  of  section  233-a  of the education law,
section 94-d of the state  finance  law,  section  97-cc  of  the  state
finance  law, section 90-b of the state finance law, section 91-g of the
state finance law, section 92-l of the state finance law,  section  92-j
of the state finance law, section 92-m of the state finance law, section
92-w  of  the  state  finance law as added by chapter 561 of the laws of
1994, section 94-c of the state finance law, section  96  of  the  state
finance law, section 97-o of the state finance law, section 97-ff of the
state  finance  law,  section  97-ss  of  the state finance law, section
97-fff of the state finance law as added by chapter 432 of the  laws  of
1997, section 97-uuu of the state finance law as added by chapter 294 of
the  laws  of  2000, section 97-www of the state finance law as added by
chapter 189 of the laws of 2000, section 97-aaaa of  the  state  finance
law, section 97-bbbb of the state finance law, section 99-g of the state
finance  law,  section 99-i of the state finance law as added by chapter
62 of the laws of 2003, subdivision 3-a of section 378 of the  education
law,  section 1022 of the private housing finance law, chapter 50 of the
laws of 1993, section 12 of chapter 1040 of the laws of 1981 and section
97-n of the state finance law.
  S 18-b. Sections 90-b, 91-g, 92-a, 92-l, 92-j, 92-m, 92-w as added  by
chapter  561  of  the  laws  of 1994, 94-c, 94-d, 96, 97-n, 97-o, 97-cc,
97-ff, 97-ss, 97-fff as added by chapter 432 of the laws of 1997, 97-uuu
as added by chapter 294 of the laws of 2000, 97-www as added by  chapter
189  of  the  laws  of 2000, 97-aaaa, 97-bbbb, 99-g and 99-i as added by
chapter 62 of the laws of 2003 of the state finance law are REPEALED.
  S 18-c. Subdivision 5 of section 233-a and subdivision 3-a of  section
378 of the education law are REPEALED.
  S 18-d. Section 1022 of the private housing finance law is REPEALED.
  S  18-e. Section 12 of chapter 1040 of the laws of 1981 and chapter 50
of the laws of 1993 are REPEALED.
  S 19. Subdivision 4 of section 40 of the state finance law, as amended
by section 17 of part JJ of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  4.  Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses  for  other  centralized  services  fund
programs  without limit. Every appropriation shall also be available for

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the payment of prior  years'  liabilities  other  than  those  indicated
above,  but  only  to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
  [The  provisions  of this subdivision shall expire March thirty-first,
two thousand twelve.]
  S 20. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the comptroller is hereby authorized and directed to deposit,
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54  of  the laws of 2002 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment  from  the proceeds of notes and bonds issued by the urban develop-
ment corporation or other financing source for a  capital  appropriation
for  $89,000,000  authorized  by  chapter  50 of the laws of 2002 to the
office of general services for payment of capital construction costs for
the Alfred E. Smith office building  located  in  the  city  of  Albany,
reimbursement  from  the proceeds of notes and bonds issued by the urban
development corporation or other financing source for capital  appropri-
ations  for  $1,500,000  authorized by chapter 50 of the laws of 2002 to
the office of general services for payment of capital construction costs
for the Elk street parking garage building located in the city of  Alba-
ny,  reimbursement  from  the  proceeds  of notes or bonds issued by the
urban development corporation for disbursements  of  up  to  $12,000,000
from  any capital appropriation or reappropriation authorized by chapter
50 of the laws of 2002 to the office of  general  services  for  various
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the  urban  development  corporation  for  a  capital  appropriation  of
$14,300,000  authorized  by  chapter 55 of the laws of 2002 to the urban
development corporation to finance a portion of the  jobs  now  program,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for  disbursements  of up to $20,800,000 from any capital
appropriation or reappropriation authorized by chapter 51 of the laws of
2002 to the judiciary for courthouse  improvements,  reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for disbursements of up to  $15,000,000  from  appropriations  or
reappropriations  authorized  by  chapter  50 of the laws of 2002 to any
agency for costs related to homeland security,  and  reimbursement  from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for a capital appropriation  of  $10,000,000  authorized  by
chapter  54  of  the  laws  of  2002  to the department of environmental
conservation for Onondaga lake.
  S 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the comptroller is hereby authorized and directed to deposit,
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state of New York for a capital appropriation for  $215,650,000  author-
ized by chapter 55 of the laws of 2000 to all state agencies for payment
of costs related to the strategic investment program.
  S  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by  chapter
55  of  the laws of 2003 to the department of environmental conservation

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for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  or  other  financing  source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to  the  office
of general services for payment of capital construction costs for the 51
Elk  street  parking  garage  building  located  in  the city of Albany,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general  services  for  various  purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized  by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from  any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for disbursements of up to $10,000,000  from  appropriations
or  reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $11,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of  envi-
ronmental  conservation  for  environmental  purposes, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  disbursements  of  up  to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of  state
for enhanced 911 wireless service.
  S  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities

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corporation  for  disbursements  of  up  to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2004  to  the  department of environmental conservation for environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by  the  dormitory  authority  for  a  capital  appropriation  of
$80,000,000  authorized  by chapter 53 of the laws of 2004 to the educa-
tion  department  for  capital  transition  grants  for  transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $243,325,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to  economic
development  projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation
of  $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to  the
H.  H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  a  capital appropriation of $345,750,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
  S 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for a capital  appropriation
of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds  issued
by  the  dormitory  authority for a capital appropriation of $89,750,000
authorized by chapter 62 of the laws of 2005 for  regional  development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $249,000,000 authorized by
chapter  62  of  the  laws  of  2005  for  technology  and  development,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $48,517,000
authorized  by  chapter  162  of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital

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appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory  authority  or  other financing source for a capital appropri-
ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to  the
office of general services for payment of capital construction costs for
the  Elk  street  parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of $15,000,000
authorized by chapter 53 of the laws of  2005  to  the  state  education
department  for  payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal  appropriation  or  reappropriation  authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs  for  various
purposes.
  S  25.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  of  up  to  $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2006  to  the
division of state police for public protection facilities, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for a capital appropriation of  $117,000,000  authorized  by
chapter 50 of the laws of 2006 to all state departments and agencies for

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the  purchase  of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development  corpo-
ration  for  all  or a portion of capital appropriations of $603,050,000
authorized  by  chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects,  reimbursement  from
the  proceeds of notes or bonds issued by the dormitory authority or the
urban  development  corporation   for   a   capital   appropriation   of
$201,500,000  authorized by chapter 108 of the laws of 2006 to the urban
development corporation for university development projects,  reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108  of  the  laws  of  2006  to  the  urban development corporation for
cultural facilities projects, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  dormitory authority or the urban development
corporation for capital appropriations totaling  $60,000,000  authorized
by  chapter 108 of the laws of 2006 to the urban development corporation
for energy/environmental projects, reimbursement from  the  proceeds  of
notes  or  bonds issued by the dormitory authority or the urban develop-
ment corporation for a capital appropriation of  $20,000,000  authorized
by  chapter 108 of the laws of 2006 to the urban development corporation
for a competitive solicitation for construction of  a  pilot  cellulosic
ethanol  refinery,  reimbursement  from  the  proceeds of notes or bonds
issued by the urban development corporation for a capital  appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture  for  a  new  stadium  in Queens county, and reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for  a  capital appropriation of $74,700,000 authorized by chapter 55 of
the laws of 2006 to the urban development corporation for  services  and
expenses related to infrastructure improvements to construct a new park-
ing  facility  at  a new stadium in Bronx county, reimbursement from the
proceeds of notes and  bonds  issued  by  the  environmental  facilities
corporation  for  a  capital  appropriation  of $5,000,000 authorized by
chapter 55 of the laws of 2006 to the  environmental  facilities  corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the  proceeds  of  notes  or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from  any  capital  appropri-
ation  or  reappropriation  authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $1,200,000 authorized by  chapter
53  of  the laws of 2006 for the towns of Bristol and Canandaigua public
water systems, reimbursement from the proceeds of notes or bonds  issued
by  the  urban development corporation or the dormitory authority for an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for Belleayre mountain ski center, reimbursement from  the  proceeds  of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53  of the laws of 2006 for the town of Smithtown/Kings Park psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the  dormitory  authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws

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of  2006 for a state of New York umbilical cord bank, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  or  the  dormitory  authority for an appropriation of $5,500,000
authorized  by  chapter  53 of the laws of 2006 for an Old Gore mountain
ski bowl connection, reimbursement from the proceeds of notes  or  bonds
issued  by  the urban development corporation or the dormitory authority
for an appropriation of $2,000,000 authorized by chapter 53 of the  laws
of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $2,000,000
authorized  by  chapter  53  of the laws of 2006 for a Fredonia vineyard
laboratory, reimbursement from the proceeds of notes or bonds issued  by
the  dormitory  authority  or  the  urban development corporation for an
appropriation of $40,000,000 authorized by chapter 108 of  the  laws  of
2006  for  a food testing laboratory, reimbursement from the proceeds of
notes or bonds issued by the New York state  thruway  authority  for  an
appropriation  of  $22,000,000  authorized by chapter 108 of the laws of
2006 to the department of transportation for high speed rail, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of  up  to  $500,000,000  from  an
appropriation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for development of a semiconductor manufacturing
facility,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation of up to $150,000,000 from  an  appro-
priation  authorized  by  chapter  108  of the laws of 2006 to the urban
development corporation for research and  development  activities  of  a
semiconductor manufacturer, and reimbursement from the proceeds of notes
or  bonds  issued  by  the  urban  development  corporation  for capital
disbursements of up to $292,385,000 from an appropriation to  the  urban
development  corporation  authorized  by chapter 108 of the laws of 2006
for community revitalization projects.
  S 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds

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issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to  the  division  of  state  police  for
construction  of  a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized  by  chapter
50  of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $77,900,000 authorized
by chapter 51 of the laws of 2007 to the judiciary  for  court  training
facilities  and  courthouse improvement projects, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for  a  capital appropriation of $20,000,000 authorized by chapter 50 of
the laws of 2007 to all state departments and agencies for the  purchase
of  equipment,  reimbursement from the proceeds of notes or bonds issued
by  the  dormitory  authority  for  capital  disbursements  of   up   to
$14,000,000 from any capital appropriation or reappropriation authorized
by  chapter  53 of the laws of 2007 for library construction, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity for capital disbursements of up  to  $60,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007  for  cultural education storage facilities, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for  capital  disbursements of up to $15,000,000 from any capital appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for Roosevelt Island Operating Corporation aerial tramway, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  capital  disbursements  of  up to $20,000,000 from any
capital appropriation or reappropriation authorized by chapter 55 of the
laws of 2007 for Governor's Island, reimbursement from the  proceeds  of
notes  or  bonds issued by the urban development corporation for capital
disbursements of up to $7,500,000  from  any  capital  appropriation  or
reappropriation  authorized by chapter 55 of the laws of 2007 for Harri-
man research and technology park, reimbursement  from  the  proceeds  of
notes  or  bonds issued by the urban development corporation for capital
disbursements of up to $7,950,000  from  any  capital  appropriation  or
reappropriation  authorized  by  chapter  55 of the laws of 2007 for USA
Niagara, and reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$1,300,000  from  appropriations authorized by chapter 50 of the laws of
2007 made to the office  of  general  services  for  legislative  office
building hearing rooms.
  S  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development

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corporation  for  a  capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2008  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by  chapter
55  of the laws of 2008 to the energy research and development authority
for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 55 of the laws of 2008 to the department of envi-
ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or reappropriations authorized by chapter 55 of the laws of 2008
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to  the  office  for  technology  for  activities  related  to broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for a capital appropriation of  $6,000,000
authorized  by  chapter  50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of  New
York or other financing source for a capital appropriation authorized by
chapter  53  of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of  notes
or  bonds  issued by the dormitory authority of the state of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the  education  department  for
museum  renewal  projects,  reimbursement  from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban  development  corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
urban  development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and  community  development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53  of  the  laws  of
2008  for  New  York city waterfront development projects, reimbursement
from the proceeds of bonds or notes  issued  by  the  urban  development
corporation  for  a  capital  appropriation of $45,000,000 authorized by
chapter 53  of  the  laws  of  2008  for  Luther  Forest  infrastructure

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projects,  reimbursement  from  the proceeds of notes or bonds issued by
the  urban  development  corporation  for   capital   appropriation   of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development  corporation  for services and expenses related to downstate
regional projects, reimbursement from the proceeds  of  notes  or  bonds
issued by the urban development corporation for capital appropriation of
$137,037,000  authorized  by chapter 53 of the laws of 2008 to the urban
development corporation for services and  expenses  related  to  upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to  the  down-
state  revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the  urban  development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds  of
notes  or  bonds issued by the urban development corporation for capital
appropriation of $25,000,000 authorized by chapter 53  of  the  laws  of
2008  to  the  urban  development  corporation for services and expenses
related  to  the  upstate  agricultural   economic   development   fund,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $350,000,000
authorized  by  chapter  53 of the laws of 2008 to the urban development
corporation for services and expenses related  to  the  New  York  state
capital  assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the   New  York  state  economic  development  assistance  program,  and
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development corporation for capital appropriation of $20,000,000 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-

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mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or reappropriations authorized by chapter 55 of the laws of 2009
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2009 to the division of military and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to  the  division  of  state  police  for  rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  authorized  by chapter 53 of the laws of 2009 of
$14,000,000 to the state education department for library  construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $4,000,000 to the  state  education  department
for  rehabilitation  associated  with  the  St.  Regis Mohawk elementary
school authorized by chapter 53 of the laws of  2009  and  reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter 55 of the laws of 2009 to  the  urban  development  corporation  for
services  and  expenses related to the empire state economic development
fund.
  S 29. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2010 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $187,285,000  authorized  by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2010  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $5,000,000 authorized  by  chapter
55  of  the laws of 2010 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
issued  by the environmental facilities corporation for disbursements of
up to $12,000,000 from any capital  appropriations  or  reappropriations
authorized  by chapter 55 of the laws of 2010 to the department of envi-
ronmental conservation for environmental  purposes,  reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for capital disbursements of up to $3,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of

S. 6255--A                         110                        A. 9055--A

2010 to the division of military and naval affairs for various purposes,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized  by  chapter  50 of the laws of 2010 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of  New
York   or   other  financing  source  for  a  capital  appropriation  of
$14,000,000 authorized by chapter 53 of the laws of 2010  to  the  state
education  department  for library construction, reimbursements from the
proceeds of notes or bonds issued by  the  dormitory  authority  of  the
state  of New York or other financing source for a capital appropriation
of $20,400,000 authorized by chapter 100 of the  laws  of  2010  to  the
state   education  department  for  the  longitudinal  data  system  and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $42,000,000  for  the state preparedness and
training center.
  S 30. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2011 to the department of environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $92,751,000 authorized  by  a
chapter  of  the  laws of 2011 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or  reappropriations authorized by a chapter of the laws of 2011
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2011 to the division of military  and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of $6,000,000 authorized by a chapter of the laws of 2011
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state  education  department  for  library  construction,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $130,550,000
authorized  by  a  chapter  of the laws of 2011 to the urban development
corporation for services and expenses related to the  regional  economic
development council initiative, reimbursement from the proceeds of notes
or  bonds issued by the urban development corporation for capital appro-
priation of $50,000,000 authorized by a chapter of the laws of  2011  to

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the  urban  development corporation for services and expenses related to
the economic transformation program.  Reimbursements from  the  proceeds
of  notes  or  bonds  issued  by  the  urban development corporation for
disbursements  of  up  to  $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of  the  laws  of  2011  to  the
office of general services for various purposes.
  S  31.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a  chap-
ter  of the laws of 2012 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $26,000,000 from any capital
appropriation or reappropriation authorized by a chapter of the laws  of
2012  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for disbursements of up to $12,000,000 from any
capital appropriations or reappropriations authorized by  a  chapter  of
the  laws  of  2012  to the department of environmental conservation for
environmental purposes, reimbursement from  the  proceeds  of  notes  or
bonds  issued by the urban development corporation for capital disburse-
ments of up to $3,000,000 from any capital appropriation or  reappropri-
ation  authorized  by  a  chapter of the laws of 2012 to the division of
military and naval affairs for various purposes, reimbursement from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $6,000,000 authorized by a chapter of the
laws of 2012 to the division  of  state  police  for  rehabilitation  of
facilities,  reimbursement from the proceeds of notes or bonds issued by
the dormitory authority of the state of  New  York  or  other  financing
source  for a capital appropriation of $14,000,000 authorized by a chap-
ter of the laws of 2012 to the state education  department  for  library
construction.
  S  31-a.  For  purposes  of sections twenty through thirty-one of this
act, the comptroller is also hereby authorized and directed  to  deposit
to  the  credit  of  any  capital  projects fund, reimbursement from the
proceeds of bonds and notes issued by any authorized issuer, as  defined
by  section  68-a  of  the state finance law, in the amounts and for the
purposes listed in such sections.
  S 32. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the state university residence hall rehabilitation fund
(074), reimbursement from the proceeds of notes or bonds issued  by  the
dormitory  authority  of the state of New York for capital disbursements
of up to $331,000,000 from any appropriation or reappropriation  author-
ized by a chapter of the laws of 2012.
  S  33.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  city  university  special  revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any  appropriation  or  reappropriation  authorized  by
chapter  53  of  the laws of 2009 to the city university of New York for
various purposes.

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  S 34. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the  New  York  state  medical  care  facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene  for  the  purpose  of  making
payments  to  the  dormitory  authority of the state of New York for the
amount of the earnings for the investment of  monies  deposited  in  the
mental health services fund that such agency determines will or may have
to  be  rebated  to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to  enable  such
agency  to  maintain  the  exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2012, such agency shall
certify to the  state  comptroller  its  determination  of  the  amounts
received  in  the mental health services fund as a result of the invest-
ment of monies deposited therein that will or may have to be rebated  to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
  S  35.  (1)  Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each  month
certify to the director of the budget, the commissioner of environmental
conservation,  the  chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from  all
appropriations  for  hazardous  waste site remediation disbursements for
the month preceding such certification.
  (2) Notwithstanding any law to the contrary, prior to the issuance  by
the comptroller of bonds authorized pursuant to subdivision a of section
4  of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986,  disbursements  from  all
appropriations  for  that  purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund,  site  investigation  and
construction  account,  to  the  extent  moneys  are  available  in such
account. For purposes of determining moneys available in  such  account,
the  commissioner  of  environmental  conservation  shall certify to the
comptroller the amounts required for  administration  of  the  hazardous
waste remedial program.
  (3)  The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to  all  appropriations
from  such site investigation and construction account; provided, howev-
er, that if such transfers are  determined  by  the  comptroller  to  be
insufficient  to  assure  that  interest  paid to holders of state obli-
gations issued for hazardous waste purposes  pursuant  to  the  environ-
mental  quality  bond  act of nineteen hundred eighty