Senate Bill S5528

2011-2012 Legislative Session

Relates to the transfer of the members, assets and liabilities of the board of education retirement system of the city of New York to certain other retirement systems

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to civil service and pensions
May 31, 2011	referred to civil service and pensions

2011-S5528 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Education Law
Laws Affected:: Amd §2575, Ed L; amd §§13-101, 13-133, 13-162, 13-501 & 13-638.4, NYC Ad Cd; amd §§445-d, 445-i, 602, 604-c & 612, R & SS L

2011-S5528 (ACTIVE) - Summary

Relates to the transfer of the members, assets and liabilities of the board of education retirement system of the city of New York to the New York city employees' retirement system and the New York city teachers' retirement system.

2011-S5528 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5528

TITLE OF BILL:
An act
to amend the education law, the administrative code of the city of New
York and the retirement and social security law, in relation to the
transfer of the members, assets and liabilities of the board of education
retirement system of the city of New York to the New York city
employees' retirement system and the teachers' retirement system of such
city

SUMMARY OF PROVISIONS:
This bill would amend the Education Law, the New
York City Administrative Code and the Retirement and Social Security
Law to provide for the dissolution of the Board of Education
Retirement System of the City of New York (BERS), and the transfer of
the members, assets and liabilities of BERS to the New York City
Employees' Retirement System (NYCERS) and the New York City Teachers'
Retirement System (TRS). The transfers would take place as of the
ninetieth day after the enactment of the bill.

REASONS FOR SUPPORT:
This legislation would save the City of New York
approximately millions of dollars annually in administrative costs
and would not, in any way, diminish or impair the pension benefits of
any New York City employee or retiree.

BERS, which was established in 1921, is one of the five actuarially
funded retirement systems maintained by the City of New York. The
membership of BERS is comprised mainly of employees of the New York
City Department of Education who are not eligible for membership in
TRS, employees of the School Construction Authority and school
crossing guards who are employed by the New York City Police
Department. In general, non-pedagogical Department of Education
employees are members of BERS, and regularly appointed teachers, as
well as Department of Education employees in certain other
pedagogical titles, are members of TRS. However, substitute teachers,
substitute paraprofessionals and substitute and non-annualized
Department of Education employees in a limited number of other titles
who have pedagogical duties are currently ineligible for TRS
membership and, therefore, are members of BERS.

As of June 30, 2010, BERS has approximately 23,300 members, 14,000
retirees, and net assets of $1.786 billion. BERS has an
administrative staff of approximately 88 employees, and an
administrative budget of approximately $10.0 million for fiscal
year 2010-11.

The bill would transfer the members, assets and liabilities of BERS to
NYCERS and TRS, and would dissolve BERS. A substantial majority of
the BERS titles would be transferred to NYCERS. A limited
number of pedagogical titles, including substitute teachers and most
substitute paraprofessionals, and all titles eligible for the age
55/25-year and age 55/27-year plans enacted in 2008 (i.e., certain
nurses, physical therapists, adult education teachers, etc.) would be
transferred to TRS. Section six of the bill sets forth the list of


titles which would become TRS-eligible titles, Members of BERS who
discontinued service with vested rights from any of the proposed
TRS-eligible titles would become members of TRS with vested rights.
Retirees of BERS, regardless of the title from which they retired,
would become retirees of NYCERS.

Under the bill, the Chief Actuary of BERS would determine the division
of the BERS assets and liabilities between NYCERS and TRS. In
general, the portion of the total BERS assets and liabilities
attributable to the BERS members and retirees who are moved to NYCERS
would be transferred to NYCERS, and the portion of the total BERS
assets and liabilities attributable to BERS members who are moved to
TRS would be transferred to TRS. The Board of Trustees of NYCERS
would take over the administration of the BERS tax deferred annuity
and variable annuity programs for those NYCERS members who are
eligible to participate in such programs under applicable provisions
of law or the BERS Rules and Regulations.

It is expected that the enactment of this bill would result in
significant cost savings to the City of New York by reducing in
future years the amounts the City would be required to reimburse the
City retirement systems for expenditures incurred in administering
the systems. Moving the non-pedagogical BERS members to NYCERS would
result in significant administrative cost savings because the benefit
structures of BERS and NYCERS are nearly identical in all tiers, and
NYCERS already has in place the expertise and technology systems to
administer such benefits. For example, BERS members who participate
in the BERS age 55/25-year and age 57/5-year plans enacted by Chapter
96 of the Laws of 1995 would be absorbed seamlessly into the
identical NYCERS Chapter 96 special plans. The merger of the systems
proposed in this legislation would end the costly duplication of
having an entirely separate Board of Trustees, administrative staff,
office space and technology systems in BERS to administer the same
retirement benefits as are being administrated by NYCERS.

The bill provides that no BERS member who is transferred to NYCERS or
TRS would have his or her pension benefits diminished or impaired in
any way as the result of the enactment of this legislation (see
subparagraphs two and three of paragraph b of subdivision 26 of
Education Law section 2575, as proposed in section one of the bill).
Finally, section six of the bill, which would convert certain
BERS-eligible titles to TRS-eligible titles, provides that persons
holding such titles would be entitled to the same retirement benefits
from TRS that they would have received if they had retired as members
of BERS.
Thus, the enactment of the bill would not generate any additional
costs for the City of New York on account of benefits.

2011-S5528 (ACTIVE) - Bill Text download pdf

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

                                  5528

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 31, 2011
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

AN  ACT  to amend the education law, the administrative code of the city
  of New York and the retirement and social security law, in relation to
  the transfer of the members, assets and liabilities of  the  board  of
  education  retirement  system  of the city of New York to the New York
  city employees' retirement system and the teachers' retirement  system
  of such city

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

  Section 1. Section 2575 of the education law is amended  by  adding  a
new subdivision 26 to read as follows:
  26.  (A)  THE FOLLOWING TERMS, AS USED IN THIS SUBDIVISION, SHALL HAVE
THE FOLLOWING MEANINGS, UNLESS A DIFFERENT MEANING IS  PLAINLY  REQUIRED
BY THE CONTEXT:
  (1)  "BERS".  THE  BOARD OF EDUCATION RETIREMENT SYSTEM OF THE CITY OF
NEW YORK ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (2) "NYCERS". THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM.
  (3) "TRS". THE TEACHERS' RETIREMENT SYSTEM OF THE CITY OF NEW YORK.
  (4) "BERS RULES AND REGULATIONS". THE RULES AND  REGULATIONS  FOR  THE
GOVERNMENT,  MANAGEMENT  AND  CONTROL  OF  BERS  ADOPTED PURSUANT TO THE
PROVISIONS OF THIS SECTION.
  (5) "BERS TRANSFER DATE". THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (6) "BERS BENEFICIARY". ANY PERSON WHO, IMMEDIATELY PRIOR TO THE  BERS
TRANSFER DATE, IS ENTITLED TO RECEIVE BENEFITS FROM BERS PURSUANT TO ANY
PROVISION OF LAW OR THE BERS RULES AND REGULATIONS IN EFFECT IMMEDIATELY
PRIOR  TO  THE  BERS  TRANSFER DATE, INCLUDING A SERVICE RETIREE OF BERS
WHO, IMMEDIATELY PRIOR  TO  THE  BERS  TRANSFER  DATE,  IS  ENTITLED  TO
DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11263-01-1

S. 5528                             2

  (7)  "ADMINISTRATIVE CODE". THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK.
  (8)  "DISCONTINUED MEMBER OF BERS". ANY MEMBER OF BERS WHO HAS DISCON-
TINUED EDUCATION SERVICE AND HAS A VESTED RIGHT TO  DEFERRED  PAYABILITY
OF A RETIREMENT ALLOWANCE FROM BERS.
  (B)(1)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON
AND AFTER THE BERS TRANSFER DATE,  BERS  SHALL  NO  LONGER  EXIST  AS  A
RETIREMENT  SYSTEM  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION.
  (2) ANY PERSON WHO, IMMEDIATELY PRIOR TO THE BERS TRANSFER DATE, IS  A
MEMBER  OF  BERS, OTHER THAN A MEMBER WHO IS TRANSFERRED TO TRS PURSUANT
TO SUBPARAGRAPH THREE OF THIS PARAGRAPH, OR OTHER  THAN  A  DISCONTINUED
MEMBER  OF  BERS  WHO  BECOMES  A DISCONTINUED MEMBER OF TRS PURSUANT TO
SUBPARAGRAPH NINE OF THIS PARAGRAPH, SHALL, ON THE BERS  TRANSFER  DATE,
BECOME  A MEMBER OF NYCERS, AND SHALL HAVE HIS OR HER MEMBERSHIP IN BERS
TRANSFERRED TO NYCERS. NOTHING CONTAINED IN THIS  SUBDIVISION  SHALL  BE
CONSTRUED  TO  DIMINISH  OR IMPAIR ANY OF THE RIGHTS, BENEFITS OR PRIVI-
LEGES OF RETIREMENT SYSTEM MEMBERSHIP OF  ANY  MEMBER  OF  BERS  WHO  IS
TRANSFERRED TO NYCERS PURSUANT TO THIS SUBPARAGRAPH.
  (3)  ANY PERSON WHO, IMMEDIATELY PRIOR TO THE BERS TRANSFER DATE, IS A
MEMBER OF BERS AND EITHER HOLDS, OR LAST HELD, A POSITION  IN  EDUCATION
SERVICE  AS A TEACHER WITHIN THE MEANING OF PARAGRAPH (C) OF SUBDIVISION
SEVEN OF SECTION 13-501 OF THE ADMINISTRATIVE CODE, SHALL, ON  THE  BERS
TRANSFER DATE, BECOME A MEMBER OF TRS, AND SHALL HAVE HIS OR HER MEMBER-
SHIP  IN  BERS TRANSFERRED TO TRS. NOTHING CONTAINED IN THIS SUBDIVISION
SHALL BE CONSTRUED TO DIMINISH OR IMPAIR ANY OF THE RIGHTS, BENEFITS  OR
PRIVILEGES  OF RETIREMENT SYSTEM MEMBERSHIP OF ANY MEMBER OF BERS WHO IS
TRANSFERRED TO TRS PURSUANT TO THIS SUBPARAGRAPH, AND ALL  SUCH  MEMBERS
TRANSFERRED  TO TRS SHALL BE SUBJECT TO THE BENEFIT PROVISIONS SET FORTH
IN PARAGRAPH (D) OF SUBDIVISION SEVEN OF SUCH SECTION 13-501, WHERE SUCH
PROVISIONS ARE APPLICABLE.
  (4) FOR ALL PERSONS WHO ARE TRANSFERRED FROM BERS TO  NYCERS  PURSUANT
TO  SUBPARAGRAPH  TWO OF THIS PARAGRAPH, OR FROM BERS TO TRS PURSUANT TO
SUBPARAGRAPH THREE OF THIS PARAGRAPH, BERS  SHALL  MAKE  A  TRANSFER  OF
ACCUMULATED  MEMBER  CONTRIBUTIONS AND SERVICE CREDIT TO THE APPROPRIATE
RETIREMENT SYSTEM USING A METHOD WHICH IS CALCULATED,  AS  CERTIFIED  BY
THE  ACTUARY  FOR  SUCH  RETIREMENT SYSTEM, TO PRODUCE RESULTS WHICH ARE
REASONABLY EQUIVALENT TO THE RESULTS WHICH WOULD BE  PRODUCED  BY  USING
THE  METHOD REQUIRED BY SECTION FORTY-THREE OF THE RETIREMENT AND SOCIAL
SECURITY LAW. ALL RECORDS AND DOCUMENTS  RELATING  TO  MEMBERS  OF  BERS
SHALL ALSO BE TRANSFERRED TO THE APPROPRIATE RETIREMENT SYSTEM.
  (5)  THE  ACTUARY FOR BERS SHALL DETERMINE, AS OF THE DATE IMMEDIATELY
PRECEDING THE BERS TRANSFER DATE, THE TOTAL AMOUNTS OF  THE  ASSETS  AND
LIABILITIES  OF BERS, AND THE PERCENTAGES AND AMOUNTS OF SUCH ASSETS AND
LIABILITIES THAT ARE ATTRIBUTABLE TO EACH OF THE FOLLOWING GROUPS:
  (I)(A) THOSE BERS MEMBERS WHO ARE TRANSFERRED TO  NYCERS  PURSUANT  TO
SUBPARAGRAPH  TWO  OF  THIS  PARAGRAPH; (B) THOSE BERS BENEFICIARIES WHO
BECOME BENEFICIARIES OF NYCERS PURSUANT TO SUBPARAGRAPH  SEVEN  OF  THIS
PARAGRAPH; AND (C) THOSE DISCONTINUED MEMBERS OF BERS WHO BECOME DISCON-
TINUED  MEMBERS  OF  NYCERS PURSUANT TO SUBPARAGRAPH EIGHT OF THIS PARA-
GRAPH; AND
  (II)(A) THOSE BERS MEMBERS WHO ARE  TRANSFERRED  TO  TRS  PURSUANT  TO
SUBPARAGRAPH THREE OF THIS PARAGRAPH, AND (B) THOSE DISCONTINUED MEMBERS
OF  BERS WHO BECOME DISCONTINUED MEMBERS OF TRS PURSUANT TO SUBPARAGRAPH
NINE OF THIS PARAGRAPH.

S. 5528                             3

  (6) EFFECTIVE AS OF THE BERS TRANSFER DATE, THE AMOUNTS OF THE  ASSETS
AND  LIABILITIES DETERMINED PURSUANT TO ITEM (I) OF SUBPARAGRAPH FIVE OF
THIS PARAGRAPH SHALL BE TRANSFERRED TO NYCERS, AND THE AMOUNTS OF ASSETS
AND LIABILITIES DETERMINED PURSUANT TO ITEM (II)  OF  SUCH  SUBPARAGRAPH
FIVE SHALL BE TRANSFERRED TO TRS.
  (7) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON THE
BERS  TRANSFER  DATE,  ANY  PERSON WHO IS A BERS BENEFICIARY IMMEDIATELY
PRIOR TO THE BERS TRANSFER DATE SHALL BECOME A  BENEFICIARY  OF  NYCERS,
AND, ON AND AFTER THE BERS TRANSFER DATE, NYCERS SHALL PAY TO SUCH BENE-
FICIARY  ALL BENEFITS TO WHICH HE OR SHE IS OTHERWISE ENTITLED UNDER THE
APPLICABLE PROVISIONS OF LAW OR THE APPLICABLE PROVISIONS  OF  THE  BERS
RULES AND REGULATIONS IN EFFECT IMMEDIATELY PRIOR TO SUCH DATE.
  (8)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON WHO, IMMEDIATELY PRIOR TO THE BERS TRANSFER DATE, IS A DISCONTIN-
UED MEMBER OF BERS AS A RESULT OF HAVING  DISCONTINUED  SERVICE  FROM  A
POSITION  OTHER THAN THE POSITION OF TEACHER WITHIN THE MEANING OF PARA-
GRAPH (C) OF SUBDIVISION SEVEN OF SECTION 13-501 OF  THE  ADMINISTRATIVE
CODE,  SHALL, ON THE BERS TRANSFER DATE, BECOME A DISCONTINUED MEMBER OF
NYCERS, AND THEREAFTER NYCERS SHALL PAY TO SUCH DISCONTINUED MEMBER  ALL
BENEFITS  TO  WHICH HE OR SHE IS OTHERWISE ENTITLED UNDER THE APPLICABLE
PROVISIONS OF LAW OR THE APPLICABLE PROVISIONS OF  THE  BERS  RULES  AND
REGULATIONS IN EFFECT IMMEDIATELY PRIOR TO THE BERS TRANSFER DATE.
  (9)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON WHO, IMMEDIATELY PRIOR TO THE BERS TRANSFER DATE, IS A DISCONTIN-
UED MEMBER OF BERS AS A RESULT OF HAVING DISCONTINUED SERVICE  FROM  THE
POSITION  OF  TEACHER WITHIN THE MEANING OF PARAGRAPH (C) OF SUBDIVISION
SEVEN OF SECTION 13-501 OF THE ADMINISTRATIVE CODE, SHALL, ON  THE  BERS
TRANSFER  DATE,  BECOME A DISCONTINUED MEMBER OF TRS, AND THEREAFTER TRS
SHALL PAY TO SUCH DISCONTINUED MEMBER ALL BENEFITS TO WHICH HE OR SHE IS
OTHERWISE ENTITLED UNDER THE APPLICABLE PROVISIONS OF LAW OR THE  APPLI-
CABLE PROVISIONS OF THE BERS RULES AND REGULATIONS IN EFFECT IMMEDIATELY
PRIOR TO THE BERS TRANSFER DATE.
  (10)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ON
THE BERS TRANSFER DATE, THE DUTIES AND RESPONSIBILITIES OF ADMINISTERING
THE TAX DEFERRED ANNUITY PROGRAM AND THE VARIABLE  ANNUITY  PROGRAM  FOR
BERS MEMBERS CONFERRED UPON THE RETIREMENT BOARD OF BERS BY THE APPLICA-
BLE  PROVISIONS  OF THE BERS RULES AND REGULATIONS IN EFFECT IMMEDIATELY
PRIOR TO SUCH DATE SHALL BE TRANSFERRED TO AND ASSUMED BY THE  BOARD  OF
TRUSTEES  OF  NYCERS, FOR THE BENEFIT OF THOSE MEMBERS OF NYCERS WHO, ON
OR AFTER SUCH DATE, MAY OTHERWISE BE ELIGIBLE  TO  PARTICIPATE  IN  SUCH
PROGRAMS  PURSUANT TO APPLICABLE PROVISIONS OF LAW OR RULE. EFFECTIVE AS
OF THE BERS TRANSFER DATE, ALL PROVISIONS OF THE BERS  RULES  AND  REGU-
LATIONS  RELATING  TO  THE TAX DEFERRED ANNUITY PROGRAM AND THE VARIABLE
ANNUITY PROGRAM WHICH ARE IN EFFECT IMMEDIATELY PRIOR TO SUCH DATE SHALL
BE DEEMED TO BE ADOPTED BY THE BOARD OF TRUSTEES OF NYCERS. ON AND AFTER
THE BERS TRANSFER DATE, THE BOARD OF TRUSTEES OF NYCERS SHALL  HAVE  THE
AUTHORITY TO AMEND SUCH RULES AND REGULATIONS.
  (11)  ANY  MEMBER OF NYCERS WHO IS PERSONALLY EMPLOYED AND PAID BY THE
BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF  NEW  YORK
ON  AND  AFTER  THE BERS TRANSFER DATE ON THE INDIRECT METHOD OF COMPEN-
SATION PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT WHICH PROVIDES  FOR
THE  DETERMINATION  OF SUCH MEMBER'S PENSION SALARY FOR PENSION PURPOSES
ONLY BASED ON THE AREA OF HIS OR HER BUILDING ASSIGNMENT  SHALL,  ON  OR
AFTER THE BERS TRANSFER DATE, HAVE HIS OR HER PENSION SALARY FOR PENSION
PURPOSES  ONLY  DETERMINED  IN  ACCORDANCE  WITH THE METHOD SET FORTH IN
SECTION TWENTY-SEVEN OF THE BERS RULES AND REGULATIONS IN  EFFECT  IMME-

S. 5528                             4

DIATELY  PRIOR  TO  THE  BERS  TRANSFER  DATE, AND THE PROVISIONS OF THE
APPLICABLE COLLECTIVE BARGAINING  AGREEMENT,  AND  SUCH  PENSION  SALARY
SHALL  BE BASED ON THE AREA OF SUCH PERSON'S REGULAR BUILDING ASSIGNMENT
ONLY,  PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL
BE CONSTRUED TO DIMINISH OR IMPAIR ANY OF THE RIGHTS, BENEFITS OR PRIVI-
LEGES OF RETIREMENT SYSTEM MEMBERSHIP OF ANY PERSON WHO  LAST  BECAME  A
MEMBER  OF  NYCERS PRIOR TO THE BERS TRANSFER DATE, AND PROVIDED FURTHER
THAT THE THREE-YEAR FINAL AVERAGE SALARY FOR A  MEMBER  COVERED  BY  THE
PROVISIONS OF THIS PARAGRAPH WHO IS SUBJECT TO THE PROVISIONS OF ARTICLE
ELEVEN,  FOURTEEN  OR FIFTEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW,
SHALL BE BASED ON THE SALARY FOR PENSION PURPOSES DETERMINED PURSUANT TO
THIS PARAGRAPH FOR EACH YEAR THAT IS USED  IN  THE  CALCULATION  OF  THE
THREE-YEAR FINAL AVERAGE SALARY FOR SUCH MEMBER PURSUANT TO THE APPLICA-
BLE  PROVISIONS  OF SUBDIVISION E OF SECTION FOUR HUNDRED FORTY-THREE OF
THE RETIREMENT AND SOCIAL SECURITY LAW, SUBDIVISION D  OF  SECTION  FIVE
HUNDRED TWELVE OF SUCH LAW OR SUBDIVISION D OF SECTION SIX HUNDRED EIGHT
OF SUCH LAW.
  S 2. Paragraph b of subdivision 3 of section 13-101 of the administra-
tive  code of the city of New York, as amended by chapter 16 of the laws
of 1997, is amended to read as follows:
  b. Service as a paid employee of the triborough bridge authority,  the
Henry  Hudson  parkway  authority, the Marine parkway authority, the New
York city tunnel authority, the New York city parkway authority, the New
York city housing authority, the triborough bridge and tunnel authority,
the New York city transit authority, the New York city housing  develop-
ment  corporation,  the  New York city health and hospitals corporation,
the New York city off-track  betting  corporation,  the  New  York  city
school construction authority, THE BOARD OF EDUCATION OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK (EXCEPT SERVICE ON ACCOUNT OF WHICH ANY
PERSON  IS  ELIGIBLE TO PARTICIPATE IN THE TEACHERS' RETIREMENT SYSTEM),
the New York city municipal water finance authority, the New  York  city
water  board,  the  transit construction fund, the New York city transi-
tional finance authority, the New York city sports authority and the New
York city rehabilitation mortgage insurance corporation shall constitute
city-service as herein defined.
  S 3. Subdivision 55 of section 13-101 of the  administrative  code  of
the city of New York is amended to read as follows:
  55. "Official  list  of  physically  taxing positions" shall [mean] BE
COMPRISED OF (A) the list of positions WITH RESPECT TO THE CITY  promul-
gated and maintained by the list administrator pursuant to subdivision 1
of  section 13-162 of this chapter, relating to the career pension plan,
AND (B) THE LIST OF POSITIONS PROMULGATED AND MAINTAINED BY THE BOARD OF
EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW  YORK  PURSUANT
TO SUCH SUBDIVISION 1.
  S 4. Paragraph 1 of subdivision c of section 13-133 of the administra-
tive  code  of  the city of New York is amended by adding a new subpara-
graph (G) to read as follows:
  (G) THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY  OF
NEW YORK SHALL MAKE MONTHLY PAYMENTS, IN TWELVE EQUAL INSTALLMENTS, WITH
RESPECT  TO  OBLIGATIONS  WHICH  IT INCURS TO PAY SUMS TO THE RETIREMENT
SYSTEM.
  S 5. Subdivision 1 of section 13-162 of the administrative code of the
city of New York is amended by adding a new  paragraph  10  to  read  as
follows:
  (10) THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW  YORK  SHALL  CONTINUE  TO  MAINTAIN  AN OFFICIAL LIST OF PHYSICALLY

S. 5528                             5

TAXING POSITIONS OF SUCH BOARD WHICH SHALL CONTAIN THE TITLES OF  CAREER
PENSION  PLAN POSITIONS WHICH, BY REASON OF THEIR DUTIES, AS ESTABLISHED
PURSUANT TO LAW, REQUIRE HEAVY DUTY AND EXTRAORDINARY  PHYSICAL  EFFORT.
BEFORE PROMULGATING, CHANGING OR AMENDING SUCH LIST, THE BOARD OF EDUCA-
TION  SHALL  CONSULT  WITH THE PUBLIC EMPLOYEE ORGANIZATION CERTIFIED BY
SUCH BOARD AS AN EXCLUSIVE COLLECTIVE BARGAINING  REPRESENTATIVE  AS  TO
INCLUSION  OR  EXCLUSION ON SUCH LIST OF THOSE CAREER PENSION PLAN POSI-
TIONS FOR WHICH THE CERTIFIED PUBLIC EMPLOYEE ORGANIZATION  IS  ENTITLED
TO BARGAIN.
  S 6. Subdivision 7 of section 13-501 of the administrative code of the
city  of New York is amended by adding two new paragraphs (c) and (d) to
read as follows:
  (C)(1) "TEACHER" ALSO SHALL MEAN ANY BOARD OF EDUCATION EMPLOYEE SERV-
ING AS A REGULAR SUBSTITUTE, FULL TERM PER DIEM  SUBSTITUTE,  OCCASIONAL
PER  DIEM  SUBSTITUTE,  OR SUBSTITUTE PARAPROFESSIONAL, OTHER THAN OCCA-
SIONAL PER DIEM SUBSTITUTE OR EMPLOYEE PAID ON A PER SESSION  BASIS,  IN
ANY  POSITION  WHERE  A  REGULARLY  APPOINTED  EMPLOYEE  IS DEFINED AS A
"TEACHER" IN PARAGRAPH (A) OF THIS SUBDIVISION, WHO FILES AN APPLICATION
FOR MEMBERSHIP IN THE RETIREMENT ASSOCIATION ON A FORM SUPPLIED  BY  THE
RETIREMENT BOARD.
  (2)  "TEACHER"  ALSO  SHALL  MEAN  ANY  EMPLOYEE SERVING IN ANY OF THE
FOLLOWING POSITIONS WHICH, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND ELEVEN  WHICH  ADDED  THIS  SUBPARAGRAPH,  WERE
POSITIONS  IN EDUCATION SERVICE (AS DEFINED IN SUBPARAGRAPH TEN OF PARA-
GRAPH (B) OF SUBDIVISION SEVENTEEN OF SECTION TWENTY-FIVE HUNDRED SEVEN-
TY-FIVE OF THE EDUCATION LAW) THAT, PRIOR TO SUCH EFFECTIVE DATE,  WOULD
HAVE  CONFERRED  ELIGIBILITY  FOR  MEMBERSHIP  IN THE BOARD OF EDUCATION
RETIREMENT SYSTEM OF THE CITY: (I) SUBSTITUTE SCHOOL  SECRETARY  INTERN,
PER SESSION TEACHER, PER DIEM TEACHER, PER DIEM SECRETARY, SCHOOL SECRE-
TARY  ASSISTANT,  HEAD  NURSE,  HEAD  NURSE (BOE), SUPERVISOR OF NURSES,
STAFF NURSE, REGISTERED NURSE  (BOE),  PUBLIC  HEALTH  NURSE,  PEDIATRIC
NURSE  ASSOCIATE,  SUPERVISING THERAPIST, SENIOR OCCUPATIONAL THERAPIST,
SENIOR OCCUPATIONAL THERAPIST  (BOE),  OCCUPATIONAL  THERAPIST,  OCCUPA-
TIONAL THERAPIST (BOE), SENIOR PHYSICAL THERAPIST, SENIOR PHYSICAL THER-
APIST  (BOE),  PHYSICAL  THERAPIST, PHYSICAL THERAPIST (BOE), SUBSTITUTE
VOCATIONAL ASSISTANT, NON-ANNUALIZED ADULT EDUCATION TEACHER,  NON-ANNU-
ALIZED  ADULT  EDUCATION ASSISTANT COORDINATOR, NON-ANNUALIZED EDUCATION
COORDINATOR, DIRECTOR OF DRUG AND ALCOHOL PROGRAMS,  ASSISTANT  DIRECTOR
OF  DRUG  AND  ALCOHOL  PROGRAMS,  SIGN LANGUAGE INTERPRETER, TEACHER OF
MILITARY SCIENCE, SENIOR ARMY, NAVY, AIR FORCE, AEROSPACE, MARINE  CORPS
OR  COAST  GUARD  INSTRUCTOR,  ARMY,  NAVY, AIR FORCE, AEROSPACE, MARINE
CORPS OR COAST GUARD INSTRUCTOR OR YOUTH DEVELOPMENT SPECIALIST, OR (II)
THE FOLLOWING POSITIONS REPRESENTED BY THE RECOGNIZED TEACHER  ORGANIZA-
TION FOR COLLECTIVE BARGAINING PURPOSES: EDUCATION ADMINISTRATOR, EDUCA-
TION  OFFICER, ASSOCIATE EDUCATION OFFICER, EDUCATION ANALYST OR ASSOCI-
ATE EDUCATION ANALYST WHO FILES AN APPLICATION  FOR  MEMBERSHIP  IN  THE
RETIREMENT ASSOCIATION ON A FORM SUPPLIED BY THE RETIREMENT BOARD.
  (D)  (1)  NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPH ONE OF PARA-
GRAPH (C) OF THIS SUBDIVISION OR ANY  OTHER  PROVISION  OF  LAW  TO  THE
CONTRARY,  THE RETIREMENT BENEFITS OF ANY MEMBER WHO RETIRES FROM ANY OF
THE SUBSTITUTE POSITIONS SPECIFIED IN SUBPARAGRAPH ONE OF PARAGRAPH  (C)
OF  THIS SUBDIVISION (INCLUDING A MEMBER WHO BECOMES ENTITLED TO RETIRE-
MENT BENEFITS AS THE RESULT OF DISCONTINUING SERVICE FROM  ANY  OF  SUCH
SUBSTITUTE  POSITIONS WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF SUCH
RETIREMENT BENEFITS) WITHOUT HAVING ATTAINED AN EMPLOYMENT STATUS  WHICH
WOULD  HAVE PERMITTED SUCH MEMBER TO JOIN THE RETIREMENT SYSTEM PURSUANT

S. 5528                             6

TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE CALCULATED PURSUANT TO THE
PROVISIONS OF THE BERS RULES AND REGULATIONS (AS DEFINED IN SUBPARAGRAPH
FOUR OF PARAGRAPH (A) OF SUBDIVISION TWENTY-SIX OF  SECTION  TWENTY-FIVE
HUNDRED  SEVENTY-FIVE OF THE EDUCATION LAW) OR THE PROVISIONS OF LAW, AS
AMENDED, BY WHICH RETIREMENT BENEFITS WOULD  HAVE  BEEN  CALCULATED  FOR
PERSONS  IN  SUCH SUBSTITUTE POSITIONS IF THE CHAPTER OF THE LAWS OF TWO
THOUSAND ELEVEN WHICH ADDED THIS SUBPARAGRAPH HAD NOT BEEN ENACTED,  AND
SUCH MEMBER WERE RETIRING (OR DISCONTINUING SERVICES WITH A VESTED RIGHT
TO  DEFERRED PAYABILITY OF RETIREMENT BENEFITS) FROM ANY OF SUCH SUBSTI-
TUTE POSITIONS AS A MEMBER OF THE BOARD OF EDUCATION  RETIREMENT  SYSTEM
OF THE CITY.
  (2)  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPH TWO OF PARAGRAPH
(C) OF THIS SUBDIVISION OR ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
THE RETIREMENT BENEFITS OF ANY MEMBER WHO RETIRES FROM ANY OF THE TITLES
SPECIFIED  IN  SUBPARAGRAPH  TWO  OF  PARAGRAPH  (C) OF THIS SUBDIVISION
(INCLUDING A MEMBER WHO BECOMES ENTITLED TO RETIREMENT BENEFITS  AS  THE
RESULT  OF  DISCONTINUING  SERVICE FROM ANY OF SUCH TITLES WITH A VESTED
RIGHT TO DEFERRED PAYABILITY  OF  SUCH  RETIREMENT  BENEFITS)  SHALL  BE
CALCULATED  PURSUANT TO THE PROVISIONS OF THE BERS RULES AND REGULATIONS
OR THE PROVISIONS OF LAW, AS AMENDED, BY WHICH RETIREMENT BENEFITS WOULD
HAVE BEEN CALCULATED FOR PERSONS IN SUCH TITLES IF THE  CHAPTER  OF  THE
LAWS  OF  TWO THOUSAND ELEVEN WHICH ADDED THIS SUBPARAGRAPH HAS NOT BEEN
ENACTED, AND SUCH MEMBER WERE RETIRING (OR DISCONTINUING SERVICE WITH  A
VESTED  RIGHT TO DEFERRED PAYABILITY OF RETIREMENT BENEFITS) FROM ANY OF
SUCH TITLES AS A MEMBER OF THE BOARD OF EDUCATION RETIREMENT  SYSTEM  OF
THE CITY.
  S  7. Paragraph 1 of subdivision c of section 13-638.4 of the adminis-
trative code of the city of New York, as added by  chapter  749  of  the
laws of 1992, is amended to read as follows:
  (1)  Notwithstanding  any  other provision of law to the contrary, and
except as provided in paragraph two OR TWO-A of  this  subdivision,  and
subject  to  the provisions of subdivision f of this section a member of
NYCERS or BERS, who otherwise is entitled to credit for city-service  or
education  service,  shall have such credit prorated on the basis of one
year of service credit for eighteen hundred twenty-seven hours  of  such
service  rendered  in  a  calendar year, provided, however, that no such
member shall earn more than one year of service credit during any calen-
dar year, and no such member shall earn, for any fraction of a  calendar
year,  a fraction of a year of service credit, which fraction is greater
than such fraction of a calendar year.   However, this  paragraph  shall
not  apply  to teachers, including those who work as regular substitutes
and per diem teachers.
  S 8. Subdivision c of section 13-638.4 of the administrative  code  of
the city of New York is amended by adding a new paragraph 2-a to read as
follows:
  (2-A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION,  OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND SUBJECT TO THE
PROVISIONS OF SUBDIVISION F OF THIS SECTION, A  MEMBER  OF  NYCERS,  WHO
OTHERWISE IS ENTITLED TO CREDIT FOR CITY-SERVICE IN A JOB TITLE WITH THE
BOARD  OF  EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
IN WHICH DUTIES ARE REGULARLY SCHEDULED TO BE PERFORMED ONLY DURING  THE
SCHOOL  YEAR,  OR WHO OTHERWISE IS ENTITLED TO CREDIT FOR SERVICE IN THE
TITLE OF SCHOOL CROSSING GUARD WITH THE NEW YORK CITY POLICE DEPARTMENT,
WHERE THE DUTIES OF SUCH TITLE ARE REGULARLY SCHEDULED TO  BE  PERFORMED
ONLY  DURING  THE  SCHOOL  YEAR,  SHALL HAVE SUCH CREDIT PRORATED ON THE
BASIS OF ONE YEAR OF SERVICE CREDIT FOR FOURTEEN HUNDRED  SEVENTY  HOURS

S. 5528                             7

OF  SUCH  SERVICE  RENDERED  IN  A  CALENDAR YEAR, PROVIDED THAT NO SUCH
MEMBER SHALL EARN MORE THAN ONE YEAR OF SERVICE CREDIT DURING ANY CALEN-
DAR YEAR, AND NO SUCH MEMBER SHALL EARN FOR ANY FRACTION OF  A  CALENDAR
YEAR,  A FRACTION OF A YEAR OF SERVICE CREDIT, WHICH FRACTION IS GREATER
THAN SUCH FRACTION OF A CALENDAR YEAR.
  S 9. Subparagraph (i) of paragraph  1  of  subdivision  e  of  section
13-638.4 of the administrative code of the city of New York, as added by
chapter 749 of the laws of 1992, is amended to read as follows:
  (i)  "Full-time position in city-service". (A) A position in city-ser-
vice in which a person is regularly scheduled to work at least  eighteen
hundred twenty-seven hours per year; OR
  (B)  A  POSITION IN CITY-SERVICE AS AN EMPLOYEE OF THE BOARD OF EDUCA-
TION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK OR AN  EMPLOYEE
OF  THE  NEW YORK CITY POLICE DEPARTMENT IN THE TITLE OF SCHOOL CROSSING
GUARD (A) IN WHICH DUTIES ARE REGULARLY SCHEDULED TO BE  PERFORMED  ONLY
DURING  THE SCHOOL YEAR; (B) IN WHICH A PERSON IS REGULARLY SCHEDULED TO
WORK AT LEAST FOURTEEN HUNDRED SEVENTY HOURS PER SCHOOL YEAR; AND (C) IN
WHICH SUCH PERSON, AS A MEMBER OF NYCERS, IS ENTITLED TO EARN CREDIT FOR
SUCH SERVICE, PURSUANT TO PARAGRAPH  TWO-A  OF  SUBDIVISION  C  OF  THIS
SECTION, ON THE BASIS OF ONE YEAR OF SERVICE CREDIT FOR FOURTEEN HUNDRED
SEVENTY HOURS OF SUCH SERVICE RENDERED IN A CALENDAR YEAR.
  S  10.  Subparagraph  (i)  of  paragraph 2 of subdivision f of section
13-638.4 of the administrative code of the city of New York, as added by
chapter 749 of the laws of 1992, is amended to read as follows:
  (i) Except as provided in  SUBPARAGRAPH  (IV)  OF  THIS  PARAGRAPH  OR
subparagraph (iv) of paragraph eight of this subdivision, the provisions
of  this  subdivision shall apply only to two or more positions in city-
service held concurrently by a member of NYCERS or to two or more  posi-
tions in education service held concurrently by a member of BERS.
  S 11. Paragraph 2 of subdivision f of section 13-638.4 of the adminis-
trative code of the city of New York is amended by adding a new subpara-
graph (iv) to read as follows:
  (IV)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON WHO  IS
A  MEMBER OF NYCERS ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND ELEVEN WHICH ADDED THIS SUBPARAGRAPH, AND  WHO,  AT
ANY  POINT  IN  TIME  PRIOR  TO SUCH EFFECTIVE DATE, CONCURRENTLY HELD A
POSITION IN CITY-SERVICE AND A POSITION IN  EDUCATION  SERVICE  WHILE  A
MEMBER  OF  EITHER  NYCERS  OR  BERS,  SHALL HAVE THE SAME RIGHTS AND BE
SUBJECT TO THE SAME OBLIGATIONS UNDER THE PROVISIONS OF THIS SUBDIVISION
FOR SERVICE RENDERED IN SUCH CONCURRENTLY HELD POSITIONS THAT HE OR  SHE
WOULD  HAVE  HAD  OR  BEEN  SUBJECT TO IF EACH OF SUCH CONCURRENTLY HELD
POSITIONS HAD ENTITLED SUCH  PERSON  TO  MEMBERSHIP  IN  THE  RETIREMENT
SYSTEM IN WHICH HE OR SHE WAS A MEMBER AT THE SAME TIME.
  S  12.  Subparagraph  (i)  of  paragraph 5 of subdivision a of section
445-d of the retirement and social security law, as amended  by  chapter
634 of the laws of 1999, is amended to read as follows:
  (i)  with  respect to members of NYCERS, all positions in city-service
(as defined in subdivision three of section 13-101 of the administrative
code), except (a) any position in the uniformed transit police force, as
defined in subdivision thirty-one of section 13-101 of  the  administra-
tive code; (b) any position in the New York city transit authority which
is  covered  by  the  provisions of section 13-161 of the administrative
code, whether or not the person employed in such  position  elected  the
benefits  of such section 13-161; (c) any position in the housing police
service, as defined in subdivision thirty-five of section 13-101 of  the

S. 5528                             8

administrative code; (d) any position in the uniformed correction force,
as  defined in subdivision thirty-nine of section 13-101 of the adminis-
trative code; (e) any position in the uniformed force of the  department
of  sanitation, as defined in subdivision sixty-two of section 13-101 of
the administrative code; (f) the positions of bridge and tunnel officer,
bridge and tunnel sergeant,  bridge  and  tunnel  lieutenant,  assistant
bridge  and  tunnel  maintainer,  bridge  and  tunnel maintainer, senior
bridge and tunnel maintainer and laborer with the Triborough bridge  and
tunnel authority; (g) any position in the division of housing and commu-
nity  renewal;  (h)  any  position  in the unified court system; (i) any
teaching position with the city university of New York;  [and]  (j)  any
position  as an investigator member; AND (K) ANY POSITION REPRESENTED BY
THE RECOGNIZED TEACHER ORGANIZATION FOR COLLECTIVE  BARGAINING  PURPOSES
WHICH,  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND ELEVEN WHICH AMENDED  THIS  SUBPARAGRAPH,  WAS  A  POSITION  IN
EDUCATION  SERVICE  THAT WOULD HAVE CONFERRED ELIGIBILITY FOR MEMBERSHIP
IN BERS; or
  S 13. Subparagraph (i) of paragraph 5  of  subdivision  a  of  section
445-i  of the retirement and social security law, as added by chapter 19
of the laws of 2008, is amended to read as follows:
  (i) with respect to members of TRS, all positions  as  a  teacher  (as
defined  in  PARAGRAPH (A) OF subdivision seven of section 13-501 of the
administrative code), AND ANY POSITION SPECIFIED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH WHICH, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE
LAWS  OF  TWO THOUSAND ELEVEN WHICH AMENDED THIS SUBPARAGRAPH, WAS A NEW
YORK CITY ELIGIBLE POSITION WITH RESPECT TO MEMBERS OF BERS,  and  shall
not include any position covered by section 13-563 of the administrative
code; or
  S  14.  Subdivision  b-1  of  section 602 of the retirement and social
security law, as added by section 2 of part C of chapter 504 of the laws
of 2009, is amended to read as follows:
  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, OR (III) A
MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT  SYSTEM  WHO  HOLDS  A
POSITION  REPRESENTED BY THE RECOGNIZED TEACHER ORGANIZATION FOR COLLEC-
TIVE BARGAINING PURPOSES WHICH, PRIOR TO THE EFFECTIVE DATE OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED  THIS  SUBDIVISION,
WAS A POSITION IN EDUCATION SERVICE (AS DEFINED IN PARAGRAPH FOURTEEN OF
SUBDIVISION  A OF SECTION SIX HUNDRED FOUR-I OF THIS ARTICLE) THAT WOULD
HAVE CONFERRED ELIGIBILITY FOR MEMBERSHIP IN THE NEW YORK CITY BOARD  OF
EDUCATION RETIREMENT SYSTEM, 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.
  S 15. Subparagraph (i) of paragraph 5  of  subdivision  a  of  section
604-c  of  the retirement and social security law, as amended by chapter
634 of the laws of 1999, is amended to read as follows:

S. 5528                             9

  (i) with respect to members of NYCERS, all positions  in  city-service
(as defined in subdivision three of section 13-101 of the administrative
code), except (a) any position in the uniformed transit police force, as
defined  in  subdivision thirty-one of section 13-101 of the administra-
tive code; (b) any position in the New York city transit authority which
is covered by the provisions of section six hundred four-b of this arti-
cle,  whether  or  not the person employed in such position is a partic-
ipant in the retirement program set forth in such  section  six  hundred
four-b  of this article; (c) any position in the housing police service,
as defined in subdivision thirty-five of section 13-101 of the  adminis-
trative  code;  (d)  any  position in the uniformed correction force, as
defined in subdivision thirty-nine of section 13-101 of the  administra-
tive  code; (e) any position in the uniformed force of the department of
sanitation, as defined in subdivision sixty-two of section 13-101 of the
administrative code; (f) the positions of  bridge  and  tunnel  officer,
bridge  and  tunnel  sergeant,  bridge  and tunnel lieutenant, assistant
bridge and tunnel  maintainer,  bridge  and  tunnel  maintainer,  senior
bridge  and tunnel maintainer and laborer with the Triborough bridge and
tunnel authority; (g) any position in the division of housing and commu-
nity renewal; (h) any position in the  unified  court  system;  (i)  any
teaching  position  with  the city university of New York; [and] (j) any
position as an investigator member; AND (K) ANY POSITION REPRESENTED  BY
THE  RECOGNIZED  TEACHER ORGANIZATION FOR COLLECTIVE BARGAINING PURPOSES
WHICH, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  ELEVEN  WHICH  AMENDED  THIS  SUBPARAGRAPH,  WAS A POSITION IN
EDUCATION SERVICE THAT WOULD HAVE CONFERRED ELIGIBILITY  FOR  MEMBERSHIP
IN BERS; or
  S  16.  Subparagraph  (i)  of  paragraph 5 of subdivision a of section
604-i of the retirement and social security law, as added by chapter  19
of the laws of 2008, is amended to read as follows:
  (i)  with  respect  to  members of TRS, all positions as a teacher (as
defined in PARAGRAPH (A) OF subdivision seven of section 13-501  of  the
administrative code), AND ANY POSITION SPECIFIED IN SUBPARAGRAPH (II) OF
THIS  PARAGRAPH WHICH, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED THIS SUBPARAGRAPH, WAS  A  NEW
YORK  CITY  ELIGIBLE POSITION WITH RESPECT TO MEMBERS OF BERS, and shall
not include any position covered by section 13-563 of the administrative
code; or
  S 17. Subdivision a-1 of section 612  of  the  retirement  and  social
security law, as added by section 4 of part C of chapter 504 of the laws
of 2009, is amended to read as follows:
  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,  OR  (III)  A MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT
SYSTEM WHO HOLDS A POSITION REPRESENTED BY THE RECOGNIZED TEACHER ORGAN-
IZATION FOR COLLECTIVE BARGAINING PURPOSES WHICH, PRIOR TO THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  ELEVEN  WHICH  AMENDED

S. 5528                            10

THIS  SUBDIVISION,  WAS  A  POSITION IN EDUCATION SERVICE (AS DEFINED IN
PARAGRAPH FOURTEEN OF SUBDIVISION A OF SECTION  SIX  HUNDRED  FOUR-I  OF
THIS  ARTICLE)  THAT  WOULD HAVE CONFERRED ELIGIBILITY FOR MEMBERSHIP IN
THE  NEW  YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM, AND WHO BECAME
SUBJECT TO THE PROVISIONS OF THIS ARTICLE AFTER THE  EFFECTIVE  DATE  OF
THIS  SUBDIVISION,  other  than  such  a  member of [either] ANY 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 retire-
ment age computed in accordance  with  the  provisions  of  section  six
hundred  four of this article.  Notwithstanding the provisions of subdi-
vision 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 represented by the recognized teacher organization for  collec-
tive bargaining purposes (OTHER THAN SUCH A POSITION WHICH, PRIOR TO THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH
AMENDED THIS SUBDIVISION,  WAS  A  POSITION  IN  EDUCATION  SERVICE,  AS
DEFINED  IN  PARAGRAPH  FOURTEEN OF SUBDIVISION A OF SECTION SIX HUNDRED
FOUR-I OF THIS  ARTICLE,  THAT  WOULD  HAVE  CONFERRED  ELIGIBILITY  FOR
MEMBERSHIP  IN  THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM),
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.
  S 18. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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Senate Bill S5528

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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2011-S5528 (ACTIVE) - Details

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2011-S5528 (ACTIVE) - Bill Text download pdf

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