S T A T E O F N E W Y O R K
________________________________________________________________________
7248
2017-2018 Regular Sessions
I N A S S E M B L Y
April 12, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Governmental Employees
AN ACT to revive causes of action for the relief provided by section 803
of the retirement and social security law for members who previously
took all steps necessary to obtain relief under such section but were
denied such relief
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration of intent. The legis-
lature finds that for many members of public retirement systems who
qualified for retroactive membership pursuant to section 803 of the
retirement and social security law but who were nonetheless denied such
retroactive membership by their employers, the time to bring a lawsuit
to obtain the relief provided for by such section has expired. Accord-
ingly, the legislature declares the need for remedial legislation in the
form of this act, to revive the period within which a lawsuit may be
commenced by members who previously qualified under such section but who
were nonetheless denied the benefits thereunder.
§ 2. Notwithstanding any other provision of law, any member of a
public retirement system who previously took all of the steps necessary
to qualify for retroactive membership under section 803 of the retire-
ment and social security law within the time required by such section
but who nevertheless was denied such retroactive membership by the
appropriate employer and who failed to bring an action against the
appropriate employer for such cause within the time allowed by law, or
whose action was dismissed without prejudice to the commencement of a
new action or whose action was not decided upon the merits but with
respect to which the time to bring such new action has expired, may
bring such action or new action as authorized by this act. All such
causes of action are hereby revived, provided, however, that all such
actions or new actions shall be commenced on or before June 30, 2018.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03522-01-7