S T A T E O F N E W Y O R K
________________________________________________________________________
5359
2011-2012 Regular Sessions
I N S E N A T E
May 11, 2011
___________
Introduced by Sen. ZELDIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter in relation to condition
precedent to employment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection a of section 1127 of the New York city charter,
as added by a vote of the people of the city of New York at the general
election held in November of 1988, is amended to read as follows:
a. Notwithstanding the provisions of any local law, rule or regulation
to the contrary, every person seeking employment with the city of New
York or any of its agencies regardless of civil service classification
or status shall sign an agreement as a condition precedent to such
employment to the effect that if such person is or becomes a nonresident
individual as that term is defined in section 11-1706 of the administra-
tive code of the city of New York or any similar provision of such code,
during employment by the city, such person will pay to the city an
amount by which a city personal income tax on residents computed and
determined as if such person were a resident individual, as defined in
such section, during such employment, exceeds the amount of any city
earnings tax and city personal income tax imposed on such person for the
same taxable period; PROVIDED, HOWEVER, ANY OUTSIDE INCOME OF ANY SUCH
EMPLOYEE, EARNED OUTSIDE OF NEW YORK CITY, SHALL NOT BE INCLUDED. ANY
INCOME EARNED OUTSIDE OF NEW YORK CITY BY SUCH EMPLOYEE'S SPOUSE SHALL
NOT BE CONSIDERED FOR THE PROVISIONS OF THIS SECTION. THE PROVISIONS OF
THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE ANY REIMBURSEMENT TO
NON-RESIDENT EMPLOYEES OR THEIR SPOUSES FOR THE PERIOD OF TIME SUCH
PAYMENT WAS IN FORCE AND EFFECT.
S 2. This act shall take effect immediately and shall not apply to any
agreement executed on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02892-03-1