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Assembly Bill A10076

2017-2018 Legislative Session

Relates to setting limits on severance packages for public at-will employees

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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2017-A10076 (ACTIVE) - Details

Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add §2854, Pub Auth L
Versions Introduced in 2019-2020 Legislative Session:
A2480

2017-A10076 (ACTIVE) - Summary

Sets limits on severance packages equal to three months salary for public at-will employees not subject to a collective bargaining agreement or union contract.

2017-A10076 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10076
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public  authorities  law,  in  relation  to  setting
   limits on severance packages for public at-will employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the  "severance
 pay limitation act".
   §  2.    The public authorities law is amended by adding a new section
 2854 to read as follows:
   § 2854. SEVERANCE PACKAGES. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "AT-WILL EMPLOYEE" SHALL MEAN AN EMPLOYEE OF ANY ENTITY  ORGANIZED
 UNDER  THIS  CHAPTER.    ANY  EMPLOYEE  THAT  IS COVERED BY A COLLECTIVE
 BARGAINING AGREEMENT OR  UNION  CONTRACT  SHALL  NOT  BE  CONSIDERED  AN
 AT-WILL EMPLOYEE FOR THE PURPOSE OF THIS SECTION.
   (B)  "SEVERANCE PAY FOR AN AT-WILL EMPLOYEE" SHALL INCLUDE BENEFITS OR
 COMPENSATION WITH A QUANTIFIABLE MONETARY VALUE THAT ARE PROVIDED FOR AN
 AT-WILL EMPLOYEE UPON TERMINATION OF EMPLOYMENT AND SHALL NOT BE CONSID-
 ERED PART OF THE AT-WILL EMPLOYEE'S ANNUAL WAGES AND  BENEFITS.  "SEVER-
 ANCE PAY FOR AN AT-WILL EMPLOYEE" SHALL NOT INCLUDE PAYMENTS FOR ACCUMU-
 LATED  VACATION,  ACCUMULATED  SICK  LEAVE,  AND  ACCUMULATED SICK LEAVE
 LIQUIDATED TO COVER THE COST OF GROUP  TERM  INSURANCE  OR  PAYMENTS  OF
 PERIODIC  CONTRIBUTIONS  BY AN EMPLOYER TOWARD PREMIUMS FOR GROUP INSUR-
 ANCE POLICIES.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 SEVERANCE  PAY PROVIDED FOR AN AT-WILL EMPLOYEE LEAVING EMPLOYMENT SHALL
 NOT EXCEED AN AMOUNT EQUIVALENT TO THEIR PRIOR THREE MONTHS' SALARY.
   3. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 THE SEVERANCE PAY FOR AN AT-WILL EMPLOYEE SHALL BE EXCLUDED FROM RETIRE-
 MENT DEDUCTIONS AND FROM ANY CALCULATIONS OF RETIREMENT BENEFITS.
   4.  IF  A  RETIRED  OR  TERMINATED AT-WILL EMPLOYEE DIES BEFORE ALL OF
 THEIR SEVERANCE PAY HAS BEEN DISBURSED, THE BALANCE DUE MUST BE PAID  TO
 A NAMED BENEFICIARY OR, LACKING ONE, TO THE DECEDENT'S ESTATE.
   5.  NO  COLLECTIVE  BARGAINING  AGREEMENT  OR  UNION CONTRACT SHALL BE
 ALTERED BY THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately.

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