NY State Senate Bill 2011-S5651

Senate Bill S5651

Signed By Governor

2011-2012 Legislative Session

Decreases the minimum amount of time required before a service retirement may become effective and certain retirees may begin to receive their retirement

download bill text pdf

Archive: Last Bill Status Via A7834 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2011	signed chap.375
Jul 22, 2011	delivered to governor
Jun 14, 2011	returned to assembly passed senate 3rd reading cal.1180 substituted for s5651
Jun 14, 2011	substituted by a7834
Jun 13, 2011	ordered to third reading cal.1180
Jun 11, 2011	committee discharged and committed to rules
Jun 08, 2011	referred to civil service and pensions

Votes

- Jun 14, 2011 - Floor Vote
  A7834
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Krueger
  Jun 13, 2011 - Rules Committee Vote
  S5651
  
  20
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2011
      
      aye (20)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (4)
      
      Duane
      
      LaValle
      
      Montgomery
      
      Perkins

2011-S5651 (ACTIVE) - Details

See Assembly Version of this Bill:: A7834
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§70 & 370, R & SS L
Versions Introduced in 2009-2010 Legislative Session:: S5532, A7973

2011-S5651 (ACTIVE) - Summary

Decreases the minimum amount of time required before a service retirement may become effective and retirees of certain retirement systems may begin to receive their retirement.

2011-S5651 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5651

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
decreasing the minimum amount of time required before a service
retirement may become effective and
retirees of certain
retirement systems may begin to
receive their retirement

PURPOSE:
Decreases from 30 days to 15 days the minimum amount of time within
which a service retirement may take effect for a prospective retiree
of the New York State and Local Employees' Retirement System or the
New York State and Local Police and Fire Retirement System.

SUMMARY OF PROVISIONS:
Section 1 of this bill amends subdivision a of section 70 of the
retirement and social security law to reduce from 30 days to 15 days
the minimum amount of time within which a service retirement may take
effect for a prospective retiree who is a member of the New York
State and Local Employees' Retirement System.

Section 2 of this bill amends subdivision a of section 370 of the
retirement and social security law to reduce from 30 days to 15

days the minimum amount of time within which a service retirement may
take effect for a prospective retiree who is a member of the New York
State and Local Police and Fire Retirement System.

Section 3 or this bill provides for an immediate effective date.

PRIOR LEGISLATIVE HISTORY:
2009 - Passed Assembly
2010 - Passed Senate

JUSTIFICATION:
In the electronic age we live in, a thirty day waiting period before a
service retirement may take effect for a member of the New York State
and Local Employees' Retirement System or the New York State and
Local Police and Fire Retirement System is unnecessary. The laws
governing other retirement systems, such as the New York State
Teachers' Retirement System, allow a retirement to become effective
on the date the application is filed. By reducing from thirty days to
fifteen days the minimum amount of time within which a prospective
retiree who is a member of the New York State and Local Employees'
Retirement System or the New York State and Local Police and Fire
Retirement System must wait before an application for retirement
becomes effective, this bill would help such members who are
potentially no longer on the state payroll receive their pension in
a more timely fashion.

The Comptroller urges passage of this legislation.

BUDGET IMPLICATIONS:
This bill has no significant fiscal impact


EFFECTIVE DATE:
This bill take effect immediately.

2011-S5651 (ACTIVE) - Bill Text download pdf

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

                                  5651

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Civil Service and Pensions

AN  ACT  to amend the retirement and social security law, in relation to
  decreasing the minimum  amount  of  time  required  before  a  service
  retirement  may  become  effective  and retirees of certain retirement
  systems may begin to receive their retirement

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

  Section  1.  Subdivision  a of section 70 of the retirement and social
security law, as amended by chapter 207 of the laws of 1978, is  amended
to read as follows:
  a. Any member may retire if he OR SHE shall have attained at least the
minimum retirement age while in service as a member, or while in federal
service,  or in the service of the United Nations or other international
organizations of which the United  States  is  a  member,  as  a  member
continued pursuant to paragraph one of subdivision f of section forty of
this article, or while entitled to make application for a vested retire-
ment  allowance pursuant to section seventy-six of this [chapter] TITLE.
Any such member desiring to retire shall execute and file with the comp-
troller an application for retirement, which shall specify the effective
date of his OR HER retirement, which shall be  not  less  than  [thirty]
FIFTEEN  nor more than ninety days subsequent to such date of filing. An
application for service retirement, filed hereunder in  accordance  with
the provisions of subdivision c of section sixty-two or subdivision f of
section sixty-three of this [chapter] ARTICLE, shall be processed in the
regular  manner,  provided  that if the application filed simultaneously
therewith under either of such subdivisions is granted, then and in that
event the retirement allowance granted in accordance with the provisions
of this section shall be appropriately adjusted.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11194-01-1

S. 5651                             2

  S 2. Subdivision a of section 370 of the retirement and social securi-
ty law, as amended by chapter 570 of the laws of  1999,  is  amended  to
read as follows:
  a. Any member may retire if he OR SHE shall have attained at least the
minimum retirement age while in service as a member, or while in federal
service,  or in the service of the United Nations or other international
organizations of which the United  States  is  a  member,  as  a  member
continued  pursuant  to  paragraph one of subdivision f of section three
hundred forty of this article or while entitled to make application  for
a  vested  retirement allowance pursuant to section three hundred seven-
ty-six of this [chapter] TITLE.   Any such  member  desiring  to  retire
shall  execute  and file with the comptroller an application for retire-
ment, which shall specify the effective date of his OR  HER  retirement,
which  shall be not less than [thirty] FIFTEEN nor more than ninety days
subsequent to such date of filing. An application  for  service  retire-
ment, filed hereunder in accordance with the provisions of subdivision c
of  section  sixty-two  or  subdivision f of section sixty-three of this
chapter, shall be processed in the regular manner, provided that if  the
application filed simultaneously therewith under either of such subdivi-
sions is granted, then and in that event the retirement allowance grant-
ed  in accordance with the provisions of this section shall be appropri-
ately adjusted. Notwithstanding any other provision of law,  any  member
who  is eligible to retire and who has died while in active service, and
who has filed an application for service  retirement  less  than  thirty
days  prior  to  death, shall be deemed to have retired and the member's
designated beneficiary shall have  the  option  to  choose  the  benefit
provided  by service retirement rather than the death benefit, provided,
however that if the designated beneficiary elects the service retirement
benefit such person shall be required to choose an option under  section
three hundred ninety of this article.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill would decrease the minimum amount of time required before a
service retirement may become effective for  members  of  the  New  York
State  and Local Employees' Retirement System and the New York State and
Local Police and Fire Retirement System. The current minimum of 30  days
would be replaced by 15 days.
  If this bill is enacted, there will be minimal administrative costs.
  This  estimate, dated April 26, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No.  2011-176  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System and the New York State and Local Employees' Retirement System.

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