S T A T E O F N E W Y O R K
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2450
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the education law and the retirement and social security
law, in relation to termination of membership in a New York state
retirement system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 540 to
read as follows:
S 540. WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP TERMINATION. A TEACHER
INTENDING TO TERMINATE HIS OR HER MEMBERSHIP IN THE RETIREMENT SYSTEM
DEFINED IN SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE
AND THE TEACHER'S EMPLOYER MUST BOTH EXECUTE A WRITTEN STATEMENT
PROVIDED BY THE RETIREMENT BOARD THAT THE TEACHER AND THE EMPLOYER
ACKNOWLEDGE AND UNDERSTAND THAT THE TEACHER, ON A SPECIFIC DATE, WILL NO
LONGER BE A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST, WITHIN
THIRTY DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN STATEMENT
WITH THE RETIREMENT BOARD IN ORDER TO EFFECTUATE SUCH TERMINATION OF
MEMBERSHIP.
S 2. The retirement and social security law is amended by adding a new
section 113-b to read as follows:
S 113-B. WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP TERMINATION. A MEMBER
INTENDING TO TERMINATE HIS OR HER MEMBERSHIP IN THE RETIREMENT SYSTEM
DEFINED IN SUBDIVISION TWENTY-EIGHT OF SECTION TWO OF THIS ARTICLE AND
THE MEMBER'S EMPLOYER MUST BOTH EXECUTE A WRITTEN STATEMENT PROVIDED BY
THE OFFICE OF THE COMPTROLLER THAT THE MEMBER AND THE EMPLOYER ACKNOWL-
EDGE AND UNDERSTAND THAT THE MEMBER, ON A SPECIFIC DATE, WILL NO LONGER
BE A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST, WITHIN THIRTY
DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN STATEMENT WITH
THE OFFICE OF THE COMPTROLLER IN ORDER TO EFFECTUATE SUCH TERMINATION OF
MEMBERSHIP.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05997-01-5
A. 2450 2
S 3. The retirement and social security law is amended by adding a new
section 411-a to read as follows:
S 411-A. WRITTEN ACKNOWLEDGEMENT OF MEMBERSHIP TERMINATION. A MEMBER
INTENDING TO TERMINATE HIS OR HER MEMBERSHIP IN THE RETIREMENT SYSTEM
DEFINED IN SUBDIVISION TWENTY-EIGHT OF SECTION THREE HUNDRED TWO OF THIS
ARTICLE AND THE MEMBER'S EMPLOYER MUST BOTH EXECUTE A WRITTEN STATEMENT
PROVIDED BY THE OFFICE OF THE COMPTROLLER THAT THE MEMBER AND THE
EMPLOYER ACKNOWLEDGE AND UNDERSTAND THAT THE MEMBER, ON A SPECIFIC DATE,
WILL NO LONGER BE A MEMBER OF SUCH RETIREMENT SYSTEM. THE EMPLOYER MUST,
WITHIN THIRTY DAYS AFTER SIGNATURE BY BOTH PARTIES, FILE SUCH WRITTEN
STATEMENT WITH THE OFFICE OF THE COMPTROLLER IN ORDER TO EFFECTUATE SUCH
TERMINATION OF MEMBERSHIP.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such date.