Assembly Bill A7193C

Vetoed By Governor
2017-2018 Legislative Session

Relates to employer's duties regarding optional public retirement systems

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-A7193 - Details

See Senate Version of this Bill:
S5634
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §45, R & SS L

2017-A7193 - Summary

Relates to employer's duties regarding optional public retirement systems; provides for the automatic enrollment for employees whose right to membership has been made optional by the head of the public retirement system involved.

2017-A7193 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7193
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   providing  for  the  automatic enrollment for employees whose right to
   membership has been made optional by the head of the public retirement
   system involved

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  45 of the retirement and social security law, as
 added by chapter 878 of the laws of 1986, is amended to read as follows:
   § 45. Right to membership.   A. Upon the employment  of  any  employee
 whose  right  to  membership in a public retirement system of the state,
 which for purposes of this section shall include any  public  retirement
 system  other  than  the New York state teachers' retirement system, has
 been made optional by the head of the retirement  system  involved,  the
 employer shall PROVIDE THE RESPECTIVE AUTOMATIC CONTRIBUTION ARRANGEMENT
 FOR  THE  EMPLOYEE TO JOIN THE RETIREMENT SYSTEM AND inform the employee
 in writing of the right to join the system AS WELL AS THE FACT THAT  THE
 EMPLOYEE HAS BEEN ENROLLED.  SUCH EMPLOYER SHALL THEN ALLOW THE EMPLOYEE
 NINETY  DAYS  TO  OPT-OUT  OF  THE RETIREMENT SYSTEM. Each such employee
 shall acknowledge the receipt of such notice by signing a  copy  thereof
 and  filing  it  with  such  employer; provided, however, the failure to
 inform such employee shall not in any way  be  construed  to  waive  the
 requirement  that membership for such an employee commences only when an
 application for membership is filed with the system,  nor  shall  it  be
 construed  to  waive  any  of  the eligibility requirements for previous
 service credit.
   B. EACH EMPLOYER SHALL, ON OR BEFORE APRIL FIRST OF EACH YEAR, PROVIDE
 EACH EMPLOYEE ELIGIBLE FOR, BUT NOT ENROLLED  IN,  A  PUBLIC  RETIREMENT
 SYSTEM WITH AN ESTIMATE OF THE EMPLOYEE'S COSTS TO PURCHASE THEIR PREVI-
 OUS SERVICE CREDITS FROM THEIR ELIGIBLE POSITIONS WITH SAID EMPLOYER AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2017-A7193A - Details

See Senate Version of this Bill:
S5634
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §45, R & SS L

2017-A7193A - Summary

Relates to employer's duties regarding optional public retirement systems; provides for the automatic enrollment for employees whose right to membership has been made optional by the head of the public retirement system involved.

2017-A7193A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7193--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PERRY,  SIMON, COOK, D'URSO, BLAKE, DICKENS,
   JONES, CRESPO, RODRIGUEZ, ORTIZ, COLTON, HYNDMAN, JEAN-PIERRE,  WALKER
   --  read  once and referred to the Committee on Governmental Employees
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to amend the retirement and social security law, in relation to
   providing for the automatic enrollment for employees  whose  right  to
   membership has been made optional by the head of the public retirement
   system involved
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 45 of the retirement and social  security  law,  as
 added by chapter 878 of the laws of 1986, is amended to read as follows:
   §  45.  Right  to membership.   A. Upon the employment of any employee
 whose right to membership in a public retirement system  of  the  state,
 which  for  purposes of this section shall include any public retirement
 system other than the New York state teachers'  retirement  system,  has
 been  made  optional  by the head of the retirement system involved, the
 employer shall PROVIDE THE RESPECTIVE AUTOMATIC CONTRIBUTION ARRANGEMENT
 FOR THE EMPLOYEE  TO  JOIN  THE  RETIREMENT  SYSTEM  NINETY  DAYS  AFTER
 COMMENCEMENT  OF  EMPLOYMENT,  WITH  MEMBERSHIP IN THE RETIREMENT SYSTEM
 COMMENCING ON THE NINETY-FIRST DAY  AFTER  COMMENCEMENT  OF  EMPLOYMENT,
 PROVIDED  THAT,  IF THE EMPLOYEE FILES WITH THE SYSTEM AN APPLICATION TO
 OPT OUT OF MEMBERSHIP WITHIN NINETY DAYS AFTER COMMENCEMENT  OF  EMPLOY-
 MENT,  THE  EMPLOYER  SHALL  REFRAIN  FROM ENROLLING THE EMPLOYEE IN THE
 RETIREMENT SYSTEM UNLESS AND UNTIL SUCH EMPLOYEE SUBSEQUENTLY  FILES  AN
 APPLICATION  FOR MEMBERSHIP WITH THE SYSTEM. THE AUTOMATIC ENROLLMENT OF
 OPTIONAL EMPLOYEES  AS  PROVIDED  FOR  IN  THIS  SECTION  SHALL  NOT  BE
 CONSTRUED  TO  MODIFY  THE  RIGHT OF ELIGIBLE EMPLOYEES TO JOIN A PUBLIC
 RETIREMENT SYSTEM AS OF THE FIRST DATE OF COVERED EMPLOYMENT  BY  FILING
 AN  APPLICATION  FOR  MEMBERSHIP  WITH  THE  SYSTEM.  THE EMPLOYER SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A7193B - Details

See Senate Version of this Bill:
S5634
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §45, R & SS L

2017-A7193B - Summary

Relates to employer's duties regarding optional public retirement systems; provides for the automatic enrollment for employees whose right to membership has been made optional by the head of the public retirement system involved.

2017-A7193B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7193--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PERRY,  SIMON, COOK, D'URSO, BLAKE, DICKENS,
   JONES, CRESPO, RODRIGUEZ, ORTIZ, COLTON, HYNDMAN, JEAN-PIERRE,  WALKER
   --  read  once and referred to the Committee on Governmental Employees
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   providing for the automatic enrollment for employees  whose  right  to
   membership has been made optional by the head of the public retirement
   system involved
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 45 of the retirement and social  security  law,  as
 added by chapter 878 of the laws of 1986, is amended to read as follows:
   §  45.  Right  to membership.   A. Upon the employment of any employee
 whose right to membership in a public retirement system  of  the  state,
 which  for  purposes of this section shall include any public retirement
 system other than the New York state teachers'  retirement  system,  has
 been  made  optional  by the head of the retirement system involved, the
 employer shall inform the employee in writing of the right to  join  the
 system.  Each such employee shall acknowledge the receipt of such notice
 by signing a copy thereof and filing it with  such  employer;  provided,
 however,  the  failure  to  inform such employee shall not in any way be
 construed to waive the requirement that membership for such an  employee
 commences  only  when  an  application  for membership is filed with the
 system, nor shall it be  construed  to  waive  any  of  the  eligibility
 requirements for previous service credit.
   B. 1. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION,
 UPON  THE  EMPLOYMENT  OF  ANY EMPLOYEE WHOSE RIGHT TO MEMBERSHIP IN THE
 BOARD OF EDUCATION RETIREMENT SYSTEM HAS BEEN MADE OPTIONAL BY THE  HEAD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A7193C (ACTIVE) - Details

See Senate Version of this Bill:
S5634
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §45, R & SS L

2017-A7193C (ACTIVE) - Summary

Relates to employer's duties regarding optional public retirement systems; provides for the automatic enrollment for employees whose right to membership has been made optional by the head of the public retirement system involved.

2017-A7193C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7193--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PERRY,  SIMON, COOK, D'URSO, BLAKE, DICKENS,
   JONES, CRESPO, RODRIGUEZ, ORTIZ, COLTON, HYNDMAN, JEAN-PIERRE, WALKER,
   SEPULVEDA, VANEL -- Multi-Sponsored by -- M. of A. LENTOL -- read once
   and referred to the Committee on Governmental Employees  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said  committee
   --  again  reported  from  said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the retirement and social security law, in  relation  to
   providing  for  the  automatic enrollment for employees whose right to
   membership has been made optional by the head of the public retirement
   system involved
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  45 of the retirement and social security law, as
 added by chapter 878 of the laws of 1986, is amended to read as follows:
   § 45. Right to membership.   A. Upon the employment  of  any  employee
 whose  right  to  membership in a public retirement system of the state,
 which for purposes of this section shall include any  public  retirement
 system  other  than  the New York state teachers' retirement system, has
 been made optional by the head of the retirement  system  involved,  the
 employer  shall  inform the employee in writing of the right to join the
 system. Each such employee shall acknowledge the receipt of such  notice
 by  signing  a  copy thereof and filing it with such employer; provided,
 however, the failure to inform such employee shall not  in  any  way  be
 construed  to waive the requirement that membership for such an employee
 commences only when an application for  membership  is  filed  with  the
 system,  nor  shall  it  be  construed  to  waive any of the eligibility
 requirements for previous service credit.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10847-09-7

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