S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4982--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M. of A. RODRIGUEZ, LUPARDO, COOK, MONTESANO, SEPULVEDA,
   RICHARDSON, MAYER, SOLAGES, DILAN, PRETLOW, PICHARDO,  RIVERA,  BLAKE,
   O'DONNELL,  NOLAN,  BENEDETTO,  ROZIC, ARROYO, TITONE, DAVILA, JOYNER,
   FARRELL, HOOPER, DenDEKKER, WALKER,  GOTTFRIED,  AUBRY,  SANTABARBARA,
   GUNTHER,  PERRY, HUNTER, BICHOTTE, CRESPO, HARRIS, JEAN-PIERRE, BRAUN-
   STEIN, LAVINE, HEVESI,  DINOWITZ,  JENNE,  BRINDISI,  BARRON,  MOSLEY,
   STIRPE,  FAHY,  CASTORINA,  RAIA,  ROSENTHAL, SKOUFIS, LIFTON, WEPRIN,
   RAMOS,  ORTIZ,  QUART,  GALEF,  SEAWRIGHT,  SIMOTAS,  RYAN,   BRONSON,
   PEOPLES-STOKES, TITUS, KIM, KAVANAGH, WILLIAMS, COLTON, MOYA, HYNDMAN,
   WOERNER,  CARROLL, FINCH, MAGNARELLI, McDONALD, D'URSO, GRAF -- Multi-
   Sponsored by -- M.  of  A.    BUCHWALD,  CURRAN,  ENGLEBRIGHT,  GLICK,
   KEARNS,  LENTOL, LOPEZ, LUPINACCI, McDONOUGH, McLAUGHLIN, RA, SIMANOW-
   ITZ, SIMON, SKARTADOS, STEC, STECK, THIELE -- read once  and  referred
   to the Committee on Governmental Employees -- reported and referred to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the retirement and social security  law  and  the  state
   finance  law, in relation to enacting the New York state secure choice
   savings program act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state secure choice savings program act".
   § 2. The retirement and social security law is amended by adding a new
 article 14-C to read as follows:
                               ARTICLE 14-C
               NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 SECTION 570. DEFINITIONS.
         571. PROGRAM ESTABLISHED.
         572. COMPOSITION OF THE BOARD.
         573. FIDUCIARY DUTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05116-04-7

 A. 4982--A                          2
 
         574. DUTIES OF THE BOARD.
         575. RISK MANAGEMENT.
         576. INVESTMENT FIRMS.
         577. INVESTMENT OPTIONS.
         578. BENEFITS.
         579. EMPLOYER  AND  EMPLOYEE  INFORMATION PACKETS AND DISCLOSURE
                FORMS.
         580. PROGRAM IMPLEMENTATION AND ENROLLMENT.
         581. PAYMENTS.
         582. DUTY AND LIABILITY OF THE STATE.
         583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS.
         584. AUDIT AND REPORTS.
         585. DELAYED IMPLEMENTATION.
   § 570. DEFINITIONS. ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED
 IN A COMPARABLE CONTEXT IN THE INTERNAL REVENUE CODE. AS  USED  IN  THIS
 ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOARD" SHALL MEAN THE NEW YORK SECURE CHOICE SAVINGS PROGRAM BOARD
 ESTABLISHED UNDER THIS ARTICLE.
   2. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   2-A. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
   3.  "EMPLOYEE"  SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE
 OR OLDER, WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED  WAGES  WORKING
 FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
   4.  "EMPLOYER"  SHALL  MEAN  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
 INDUSTRY, PROFESSION, TRADE, OR OTHER  ENTERPRISE  IN  NEW  YORK  STATE,
 WHETHER  FOR  PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED A QUALIFIED
 RETIREMENT PLAN, INCLUDING, BUT NOT LIMITED TO, A PLAN  QUALIFIED  UNDER
 SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
 INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
   5. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
   6.  "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 FUND.
   7. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
 1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
   8. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
   9.  "PARTICIPATING  EMPLOYER"  SHALL  MEAN AN EMPLOYER THAT PROVIDES A
 PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT AS PROVIDED FOR  BY  THIS
 ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
   10.  "PAYROLL  DEPOSIT  RETIREMENT  SAVINGS ARRANGEMENT" SHALL MEAN AN
 ARRANGEMENT BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO  REMIT
 PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
   11.  "PROGRAM"  SHALL  MEAN  THE  NEW YORK STATE SECURE CHOICE SAVINGS
 PROGRAM.
   12. "WAGES" MEANS ANY  COMPENSATION  WITHIN  THE  MEANING  OF  SECTION
 219(F)(1)  OF  THE INTERNAL REVENUE CODE THAT IS RECEIVED BY AN ENROLLEE
 FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
   § 571. PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED  A  RETIREMENT
 SAVINGS PROGRAM IN THE FORM OF AN AUTOMATIC ENROLLMENT PAYROLL DEDUCTION
 IRA,  KNOWN  AS  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM. THE
 GENERAL ADMINISTRATION AND RESPONSIBILITY FOR THE  PROPER  OPERATION  OF
 THE  PROGRAM  SHALL  BE  ADMINISTERED  BY  THE  BOARD FOR THE PURPOSE OF
 PROMOTING GREATER RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES  IN  A
 CONVENIENT, LOW-COST, AND PORTABLE MANNER.
   §  572. COMPOSITION OF THE BOARD. THERE IS HEREBY CREATED THE NEW YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD.

 A. 4982--A                          3

   1. THE BOARD SHALL CONSIST OF THE FOLLOWING EIGHT MEMBERS:
   (A)  THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE, WHO SHALL SERVE AS
 CHAIR;
   (B) THE SUPERINTENDENT, OR HIS OR HER DESIGNEE;
   (C) TWO PUBLIC REPRESENTATIVES WITH EXPERTISE  IN  RETIREMENT  SAVINGS
 PLAN  ADMINISTRATION  OR  INVESTMENT,  OR  BOTH,  ONE  OF  WHOM SHALL BE
 APPOINTED BY THE SPEAKER OF THE  ASSEMBLY  AND  ONE  OF  WHOM  SHALL  BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (D)  A  REPRESENTATIVE  OF  PARTICIPATING  EMPLOYERS, APPOINTED BY THE
 GOVERNOR;
   (E) A REPRESENTATIVE OF ENROLLEES, APPOINTED BY THE GOVERNOR;
   (F) THE CHAIR OF THE ASSEMBLY GOVERNMENTAL EMPLOYEES COMMITTEE; AND
   (G) THE CHAIR OF THE SENATE CIVIL SERVICE AND PENSION COMMITTEE.
   2. MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION  BUT  MAY  BE
 REIMBURSED  FOR  NECESSARY  TRAVEL  EXPENSES INCURRED IN CONNECTION WITH
 THEIR BOARD DUTIES FROM FUNDS APPROPRIATED FOR THE PURPOSE.
   3. THE INITIAL APPOINTMENTS SHALL BE AS FOLLOWS: ONE PUBLIC  REPRESEN-
 TATIVE FOR FOUR YEARS; THE REPRESENTATIVE OF PARTICIPATING EMPLOYERS FOR
 THREE YEARS; AND THE REPRESENTATIVE OF ENROLLEES FOR THREE YEARS.  THER-
 EAFTER, ALL THE GOVERNOR'S APPOINTEES SHALL BE FOR TERMS OF FOUR YEARS.
   4.  A VACANCY IN THE TERM OF AN APPOINTED BOARD MEMBER SHALL BE FILLED
 FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT.
   5. EACH APPOINTMENT BY THE GOVERNOR SHALL BE SUBJECT  TO  APPROVAL  BY
 THE  COMPTROLLER,  WHO, UPON APPROVAL, SHALL CERTIFY HIS OR HER APPROVAL
 TO THE SECRETARY OF STATE.
   § 573. FIDUCIARY DUTY. THE BOARD, THE INDIVIDUAL MEMBERS OF THE BOARD,
 THE TRUSTEES, ANY OTHER AGENTS APPOINTED OR ENGAGED BY  THE  BOARD,  AND
 ALL  PERSONS  SERVING AS PROGRAM STAFF SHALL DISCHARGE THEIR DUTIES WITH
 RESPECT TO THE PROGRAM SOLELY IN THE INTEREST OF THE PROGRAM'S ENROLLEES
 AND BENEFICIARIES AS FOLLOWS:
   1. FOR THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO  ENROLLEES  AND
 BENEFICIARIES  AND  DEFRAYING  REASONABLE  EXPENSES OF ADMINISTERING THE
 PROGRAM;
   2. BY INVESTING WITH THE CARE, SKILL, PRUDENCE,  AND  DILIGENCE  UNDER
 THE  PREVAILING  CIRCUMSTANCES  THAT  A  PRUDENT PERSON ACTING IN A LIKE
 CAPACITY AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF  AN
 ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND
   3.  BY  USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND EMPLOYERS REMIT-
 TING EMPLOYEES' OWN CONTRIBUTIONS INTO THE  TRUST  EXCLUSIVELY  FOR  THE
 PURPOSE OF PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST
 OF ADMINISTRATION OF THE PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENE-
 FIT OF THE PROGRAM.
   §  574.  DUTIES  OF  THE  BOARD.  IN  ADDITION TO THE OTHER DUTIES AND
 RESPONSIBILITIES STATED IN THIS ARTICLE, THE BOARD SHALL:
   1. CAUSE THE PROGRAM TO BE DESIGNED, ESTABLISHED  AND  OPERATED  IN  A
 MANNER THAT:
   (A) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
   (B)  MAXIMIZES  PARTICIPATION, SAVINGS, AND SOUND INVESTMENT PRACTICES
 INCLUDING CONSIDERING THE USE OF AUTOMATIC ENROLLMENT AS  ALLOWED  UNDER
 FEDERAL LAW;
   (C) MAXIMIZES SIMPLICITY, INCLUDING EASE OF ADMINISTRATION FOR PARTIC-
 IPATING EMPLOYERS AND ENROLLEES;
   (D)  PROVIDES  AN EFFICIENT PRODUCT TO ENROLLEES BY POOLING INVESTMENT
 FUNDS;
   (E) ENSURES THE PORTABILITY OF BENEFITS; AND

 A. 4982--A                          4
 
   (F) PROVIDES FOR THE DEACCUMULATION OF ENROLLEE  ASSETS  IN  A  MANNER
 THAT MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
   2. APPOINT A TRUSTEE TO THE IRA FUND IN COMPLIANCE WITH SECTION 408 OF
 THE INTERNAL REVENUE CODE.
   3.  EXPLORE AND ESTABLISH INVESTMENT OPTIONS, SUBJECT TO THIS ARTICLE,
 THAT OFFER ENROLLEES RETURNS ON  CONTRIBUTIONS  AND  THE  CONVERSION  OF
 INDIVIDUAL  RETIREMENT  SAVINGS  ACCOUNT  BALANCES  TO SECURE RETIREMENT
 INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
   4. ESTABLISH THE PROCESS BY WHICH INTEREST, INVESTMENT  EARNINGS,  AND
 INVESTMENT  LOSSES ARE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS ON A PRO
 RATA BASIS AND ARE COMPUTED AT THE INTEREST RATE ON THE  BALANCE  OF  AN
 INDIVIDUAL'S ACCOUNT.
   5.  MAKE  AND ENTER INTO CONTRACTS NECESSARY FOR THE ADMINISTRATION OF
 THE PROGRAM AND FUND, INCLUDING,  BUT  NOT  LIMITED  TO,  RETAINING  AND
 CONTRACTING  WITH  INVESTMENT  MANAGERS, PRIVATE FINANCIAL INSTITUTIONS,
 OTHER FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES,  COUNSEL,
 AUDITORS,  THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS NECES-
 SARY.
   6. CONDUCT A REVIEW OF THE PERFORMANCE OF ANY INVESTMENT VENDORS EVERY
 FOUR YEARS, INCLUDING, BUT NOT LIMITED TO, A REVIEW  OF  RETURNS,  FEES,
 AND  CUSTOMER  SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO THE BOARD'S
 INTERNET WEBSITE.
   7. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
 TER THE PROGRAM AND ASSEMBLE SUCH A STAFF, INCLUDING, AS NEEDED, EMPLOY-
 ING STAFF, AND APPOINTING A PROGRAM ADMINISTRATOR.
   8. CAUSE MONEYS IN THE FUND TO BE HELD AND INVESTED AS POOLED  INVEST-
 MENTS  DESCRIBED  IN THIS ARTICLE, WITH A VIEW TO ACHIEVING COST SAVINGS
 THROUGH EFFICIENCIES AND ECONOMIES OF SCALE.
   9. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN ENROLLEE IS ABLE  TO
 CONTRIBUTE  A  PORTION  OF HIS OR HER WAGES TO THE PROGRAM FOR AUTOMATIC
 DEPOSIT OF THOSE CONTRIBUTIONS AND THE PROCESS BY WHICH THE  PARTICIPAT-
 ING  EMPLOYER  PROVIDES A PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT
 TO FORWARD THOSE CONTRIBUTIONS AND RELATED INFORMATION TO  THE  PROGRAM,
 INCLUDING, BUT NOT LIMITED TO, CONTRACTING WITH FINANCIAL SERVICE COMPA-
 NIES  AND  THIRD-PARTY ADMINISTRATORS WITH THE CAPABILITY TO RECEIVE AND
 PROCESS EMPLOYEE  INFORMATION  AND  CONTRIBUTIONS  FOR  PAYROLL  DEPOSIT
 RETIREMENT SAVINGS ARRANGEMENTS OR SIMILAR ARRANGEMENTS.
   10.  DESIGN  AND  ESTABLISH  THE  PROCESS FOR ENROLLMENT INCLUDING THE
 PROCESS BY WHICH AN EMPLOYEE CAN OPT NOT TO PARTICIPATE IN THE  PROGRAM,
 SELECT  A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND TERMINATE
 PARTICIPATION IN THE PROGRAM.
   11. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN EMPLOYEE MAY VOLUN-
 TARILY ENROLL IN AND MAKE CONTRIBUTIONS TO THE PROGRAM.
   12. ACCEPT ANY GRANTS, APPROPRIATIONS, OR OTHER MONEYS FROM THE STATE,
 ANY UNIT OF FEDERAL, STATE, OR LOCAL GOVERNMENT, OR  ANY  OTHER  PERSON,
 FIRM,  PARTNERSHIP,  OR  CORPORATION  SOLELY  FOR DEPOSIT INTO THE FUND,
 WHETHER FOR INVESTMENT OR ADMINISTRATIVE PURPOSES.
   13. EVALUATE THE NEED FOR, AND PROCURE AS  NEEDED,  INSURANCE  AGAINST
 ANY  AND ALL LOSS IN CONNECTION WITH THE PROPERTY, ASSETS, OR ACTIVITIES
 OF THE PROGRAM, AND INDEMNIFY AS NEEDED EACH MEMBER OF  THE  BOARD  FROM
 PERSONAL  LOSS OR LIABILITY RESULTING FROM A MEMBER'S ACTION OR INACTION
 AS A MEMBER OF THE BOARD.
   14. MAKE PROVISIONS  FOR  THE  PAYMENT  OF  ADMINISTRATIVE  COSTS  AND
 EXPENSES  FOR  THE  CREATION,  MANAGEMENT, AND OPERATION OF THE PROGRAM.
 SUBJECT TO APPROPRIATION, THE STATE MAY PAY ADMINISTRATIVE COSTS ASSOCI-
 ATED WITH THE CREATION AND MANAGEMENT OF THE  PROGRAM  UNTIL  SUFFICIENT

 A. 4982--A                          5

 ASSETS  ARE  AVAILABLE  IN  THE  FUND  FOR THAT PURPOSE. THEREAFTER, ALL
 ADMINISTRATIVE COSTS OF THE FUND, INCLUDING REPAYMENT  OF  ANY  START-UP
 FUNDS PROVIDED BY THE STATE, SHALL BE PAID ONLY OUT OF MONEYS ON DEPOSIT
 THEREIN.  HOWEVER, PRIVATE FUNDS OR FEDERAL FUNDING RECEIVED IN ORDER TO
 IMPLEMENT THE PROGRAM UNTIL THE FUND IS  SELF-SUSTAINING  SHALL  NOT  BE
 REPAID  UNLESS  THOSE  FUNDS WERE OFFERED CONTINGENT UPON THE PROMISE OF
 SUCH REPAYMENT. THE BOARD SHALL KEEP ANNUAL ADMINISTRATIVE  EXPENSES  AS
 LOW  AS  POSSIBLE,  BUT IN NO EVENT SHALL THEY EXCEED 0.75% OF THE TOTAL
 TRUST BALANCE.
   15. ALLOCATE ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS  IN
 THE PROGRAM ON A PRO RATA BASIS.
   16.  SET  MINIMUM  AND  MAXIMUM CONTRIBUTION LEVELS IN ACCORDANCE WITH
 LIMITS ESTABLISHED FOR IRAS BY THE INTERNAL REVENUE CODE.
   17. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
   18. FACILITATE COMPLIANCE BY THE PROGRAM WITH ALL APPLICABLE  REQUIRE-
 MENTS  FOR  THE  PROGRAM  UNDER THE INTERNAL REVENUE CODE, INCLUDING TAX
 QUALIFICATION REQUIREMENTS OR ANY OTHER APPLICABLE  LAW  AND  ACCOUNTING
 REQUIREMENTS.
   19.  CARRY  OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM IN AN EFFEC-
 TIVE, EFFICIENT, AND LOW-COST MANNER.
   20. EXERCISE ANY AND ALL OTHER POWERS  REASONABLY  NECESSARY  FOR  THE
 EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE PROGRAM.
   21.  DEPOSIT INTO THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND
 ALL GRANTS, GIFTS, DONATIONS, FEES, AND EARNINGS FROM  INVESTMENTS  FROM
 THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND THAT ARE USED TO
 RECOVER ADMINISTRATIVE COSTS. ALL EXPENSES OF THE BOARD  SHALL  BE  PAID
 FROM THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   22.  DETERMINE  WITHDRAWAL  PROVISIONS,  SUCH  AS  ECONOMIC HARDSHIPS,
 PORTABILITY AND LEAKAGE.
   23. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
   § 575. RISK MANAGEMENT. THE BOARD SHALL ANNUALLY PREPARE AND  ADOPT  A
 WRITTEN  STATEMENT  OF INVESTMENT POLICY THAT INCLUDES A RISK MANAGEMENT
 AND OVERSIGHT PROGRAM. THIS INVESTMENT POLICY SHALL PROHIBIT THE  BOARD,
 PROGRAM,  AND  FUND  FROM  BORROWING  FOR  INVESTMENT PURPOSES. THE RISK
 MANAGEMENT AND OVERSIGHT PROGRAM SHALL BE DESIGNED  TO  ENSURE  THAT  AN
 EFFECTIVE  RISK MANAGEMENT SYSTEM IS IN PLACE TO MONITOR THE RISK LEVELS
 OF THE PROGRAM AND FUND PORTFOLIO, TO ENSURE THAT THE  RISKS  TAKEN  ARE
 PRUDENT AND PROPERLY MANAGED, TO PROVIDE AN INTEGRATED PROCESS FOR OVER-
 ALL RISK MANAGEMENT, AND TO ASSESS INVESTMENT RETURNS AS WELL AS RISK TO
 DETERMINE  IF  THE  RISKS  TAKEN  ARE ADEQUATELY COMPENSATED COMPARED TO
 APPLICABLE PERFORMANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSID-
 ER THE STATEMENT OF INVESTMENT POLICY AND ANY CHANGES IN THE  INVESTMENT
 POLICY AT A PUBLIC HEARING.
   §  576. INVESTMENT FIRMS. 1. THE BOARD SHALL ENGAGE, AFTER AN OPEN BID
 PROCESS, AN INVESTMENT MANAGER OR MANAGERS TO INVEST THE  FUND  AND  ANY
 OTHER ASSETS OF THE PROGRAM. MONEYS IN THE FUND MAY BE INVESTED OR REIN-
 VESTED  BY  THE  COMPTROLLER  OR MAY BE INVESTED IN WHOLE OR IN PART. IN
 SELECTING THE INVESTMENT MANAGER OR MANAGERS, THE BOARD SHALL TAKE  INTO
 CONSIDERATION  AND  GIVE  WEIGHT  TO  THE  INVESTMENT MANAGER'S FEES AND
 CHARGES IN ORDER TO REDUCE THE PROGRAM'S ADMINISTRATIVE EXPENSES.
   2. THE INVESTMENT MANAGER OR MANAGERS SHALL COMPLY WITH  ANY  AND  ALL
 APPLICABLE  FEDERAL  AND  STATE LAWS, RULES, AND REGULATIONS, AS WELL AS
 ANY AND ALL RULES, POLICIES, AND GUIDELINES  PROMULGATED  BY  THE  BOARD
 WITH  RESPECT  TO THE PROGRAM AND THE INVESTMENT OF THE FUND, INCLUDING,
 BUT NOT LIMITED TO, THE INVESTMENT POLICY.

 A. 4982--A                          6
 
   3. THE INVESTMENT MANAGER OR MANAGERS SHALL PROVIDE  SUCH  REPORTS  AS
 THE  BOARD  DEEMS  NECESSARY  FOR  THE  BOARD TO OVERSEE EACH INVESTMENT
 MANAGER'S PERFORMANCE AND THE PERFORMANCE OF THE FUND.
   §  577. INVESTMENT OPTIONS. 1. THE BOARD SHALL ESTABLISH AS AN INVEST-
 MENT OPTION A LIFE-CYCLE FUND WITH A TARGET DATE BASED UPON THE  AGE  OF
 THE  ENROLLEE. THIS SHALL BE THE DEFAULT INVESTMENT OPTION FOR ENROLLEES
 WHO FAIL TO ELECT AN INVESTMENT OPTION UNLESS AND UNTIL THE BOARD DESIG-
 NATES BY RULE A NEW INVESTMENT OPTION AS THE DEFAULT.
   2. THE BOARD MAY ALSO ESTABLISH ANY OR ALL OF THE FOLLOWING ADDITIONAL
 INVESTMENT OPTIONS:
   (A) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
   (B) A GROWTH FUND;
   (C) A SECURE RETURN FUND WHOSE PRIMARY OBJECTIVE IS  THE  PRESERVATION
 OF  THE  SAFETY  OF PRINCIPAL AND THE PROVISION OF A STABLE AND LOW-RISK
 RATE OF RETURN; IF THE BOARD ELECTS TO ESTABLISH A SECURE  RETURN  FUND,
 THE BOARD MAY PROCURE ANY INSURANCE, ANNUITY, OR OTHER PRODUCT TO INSURE
 THE  VALUE  OF  ENROLLEES'  ACCOUNTS AND GUARANTEE A RATE OF RETURN; THE
 COST OF SUCH FUNDING MECHANISM SHALL BE PAID OUT OF THE FUND;  UNDER  NO
 CIRCUMSTANCES  SHALL THE BOARD, PROGRAM, FUND, THE STATE, OR ANY PARTIC-
 IPATING EMPLOYER ASSUME ANY LIABILITY FOR INVESTMENT OR ACTUARIAL  RISK;
 THE  BOARD  SHALL DETERMINE WHETHER TO ESTABLISH SUCH INVESTMENT OPTIONS
 BASED UPON AN ANALYSIS OF  THEIR  COST,  RISK  PROFILE,  BENEFIT  LEVEL,
 FEASIBILITY, AND EASE OF IMPLEMENTATION; OR
   (D) AN ANNUITY FUND.
   3.  IF  THE  BOARD ELECTS TO ESTABLISH A SECURE RETURN FUND, THE BOARD
 SHALL THEN DETERMINE WHETHER SUCH OPTION SHALL REPLACE THE  TARGET  DATE
 OR LIFE-CYCLE FUND AS THE DEFAULT INVESTMENT OPTION FOR ENROLLEES WHO DO
 NOT  ELECT AN INVESTMENT OPTION. IN MAKING SUCH DETERMINATION, THE BOARD
 SHALL CONSIDER THE COST,  RISK  PROFILE,  BENEFIT  LEVEL,  AND  EASE  OF
 ENROLLMENT  IN  THE SECURE RETURN FUND. THE BOARD MAY AT ANY TIME THERE-
 AFTER REVISIT THIS QUESTION AND, BASED UPON AN ANALYSIS OF THESE  CRITE-
 RIA,  ESTABLISH  EITHER THE SECURE RETURN FUND OR THE LIFE-CYCLE FUND AS
 THE DEFAULT FOR ENROLLEES WHO DO NOT ELECT AN INVESTMENT OPTION.
   § 578. BENEFITS. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT  LOSSES
 SHALL  BE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS AS ESTABLISHED BY THE
 BOARD PURSUANT TO THIS ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENE-
 FIT UNDER THE PROGRAM SHALL BE AN AMOUNT EQUAL TO  THE  BALANCE  IN  THE
 INDIVIDUAL'S  PROGRAM ACCOUNT ON THE DATE THE RETIREMENT SAVINGS BENEFIT
 BECOMES PAYABLE. THE STATE SHALL HAVE NO LIABILITY FOR  THE  PAYMENT  OF
 ANY BENEFIT TO ANY ENROLLEE IN THE PROGRAM.
   § 579. EMPLOYER AND EMPLOYEE INFORMATION PACKETS AND DISCLOSURE FORMS.
 1.  PRIOR  TO THE OPENING OF THE PROGRAM FOR ENROLLMENT, THE BOARD SHALL
 DESIGN AND DISSEMINATE TO ALL EMPLOYERS AN EMPLOYER  INFORMATION  PACKET
 AND  AN  EMPLOYEE  INFORMATION  PACKET,  WHICH  SHALL INCLUDE BACKGROUND
 INFORMATION ON THE PROGRAM, APPROPRIATE DISCLOSURES FOR  EMPLOYEES,  AND
 INFORMATION REGARDING THE VENDOR INTERNET WEBSITE DESCRIBED.
   2.  THE  BOARD  SHALL  PROVIDE  FOR  THE CONTENTS OF BOTH THE EMPLOYEE
 INFORMATION PACKET AND THE EMPLOYER INFORMATION PACKET.    THE  EMPLOYEE
 INFORMATION  PACKET SHALL BE MADE AVAILABLE IN ENGLISH, SPANISH, HAITIAN
 CREOLE, CHINESE, KOREAN, RUSSIAN, ARABIC, AND  ANY  OTHER  LANGUAGE  THE
 COMPTROLLER DEEMS NECESSARY.
   3.  THE  EMPLOYEE  INFORMATION PACKET SHALL INCLUDE A DISCLOSURE FORM.
 THE DISCLOSURE FORM SHALL EXPLAIN, BUT NOT BE LIMITED  TO,  ALL  OF  THE
 FOLLOWING:
   (A) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
 PROGRAM;

 A. 4982--A                          7
 
   (B) THE MECHANICS OF HOW TO MAKE CONTRIBUTIONS TO THE PROGRAM;
   (C) HOW TO OPT OUT OF THE PROGRAM;
   (D)  HOW  TO  PARTICIPATE  IN  THE  PROGRAM  WITH  A LEVEL OF EMPLOYEE
 CONTRIBUTIONS OTHER THAN THREE PERCENT;
   (E) THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE  THAN
 THREE PERCENT;
   (F) THAT THEY CAN OPT OUT AFTER THEY HAVE ENROLLED;
   (G) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
   (H)  THE  PROCESS  FOR  SELECTING  BENEFICIARIES  OF  THEIR RETIREMENT
 SAVINGS;
   (I) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
   (J) THAT EMPLOYEES SEEKING FINANCIAL ADVICE SHOULD  CONTACT  FINANCIAL
 ADVISORS,  THAT PARTICIPATING EMPLOYERS ARE NOT IN A POSITION TO PROVIDE
 FINANCIAL ADVICE, AND THAT PARTICIPATING EMPLOYERS ARE  NOT  LIABLE  FOR
 DECISIONS EMPLOYEES MAKE PURSUANT TO THIS ARTICLE;
   (K)  INFORMATION  ON  HOW  TO  ACCESS  ANY FINANCIAL LITERACY PROGRAMS
 IMPLEMENTED BY THE COMPTROLLER;
   (L) THAT THE PROGRAM IS NOT AN EMPLOYER-SPONSORED RETIREMENT PLAN; AND
   (M) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.
   4. THE EMPLOYEE INFORMATION PACKET SHALL ALSO INCLUDE A  FORM  FOR  AN
 EMPLOYEE  TO NOTE HIS OR HER DECISION TO OPT OUT OF PARTICIPATION IN THE
 PROGRAM OR ELECT TO PARTICIPATE WITH A LEVEL OF  EMPLOYEE  CONTRIBUTIONS
 OTHER THAN THREE PERCENT.
   5. PARTICIPATING EMPLOYERS SHALL SUPPLY THE EMPLOYEE INFORMATION PACK-
 ET  TO  EXISTING EMPLOYEES AT LEAST ONE MONTH PRIOR TO THE PARTICIPATING
 EMPLOYERS' LAUNCH OF THE PROGRAM. PARTICIPATING EMPLOYERS  SHALL  SUPPLY
 THE  EMPLOYEE INFORMATION PACKET TO NEW EMPLOYEES AT THE TIME OF HIRING,
 AND NEW EMPLOYEES MAY OPT OUT OF PARTICIPATION IN THE PROGRAM  OR  ELECT
 TO  PARTICIPATE  WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER THAN THREE
 PERCENT AT THAT TIME.
   § 580. PROGRAM IMPLEMENTATION  AND  ENROLLMENT.  EXCEPT  AS  OTHERWISE
 PROVIDED  IN THIS ARTICLE, THE PROGRAM SHALL BE IMPLEMENTED, AND ENROLL-
 MENT OF EMPLOYEES SHALL  BEGIN,  WITHIN  TWENTY-FOUR  MONTHS  AFTER  THE
 EFFECTIVE  DATE OF THIS ARTICLE. THE PROVISIONS OF THIS SECTION SHALL BE
 IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   1. EACH PARTICIPATING EMPLOYER MAY ESTABLISH A PAYROLL DEPOSIT RETIRE-
 MENT SAVINGS ARRANGEMENT TO ALLOW EACH EMPLOYEE TO  PARTICIPATE  IN  THE
 PROGRAM  AND  BEGIN  EMPLOYEE  ENROLLMENT  AT MOST NINE MONTHS AFTER THE
 BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   2. ENROLLEES SHALL HAVE THE ABILITY TO  SELECT  A  CONTRIBUTION  LEVEL
 INTO  THE  FUND. THIS LEVEL MAY BE EXPRESSED AS A PERCENTAGE OF WAGES OR
 AS A DOLLAR AMOUNT UP TO THE DEDUCTIBLE AMOUNT FOR THE ENROLLEE'S  TAXA-
 BLE YEAR UNDER SECTION 219(B)(1)(A) OF THE INTERNAL REVENUE CODE. ENROL-
 LEES  MAY  CHANGE THEIR CONTRIBUTION LEVEL AT ANY TIME, SUBJECT TO RULES
 PROMULGATED BY THE BOARD. IF AN ENROLLEE FAILS TO SELECT A  CONTRIBUTION
 LEVEL  USING  THE  FORM  DESCRIBED IN THIS ARTICLE, THEN HE OR SHE SHALL
 CONTRIBUTE THREE PERCENT OF HIS OR HER WAGES TO  THE  PROGRAM,  PROVIDED
 THAT  SUCH  CONTRIBUTIONS  SHALL NOT CAUSE THE ENROLLEE'S TOTAL CONTRIB-
 UTIONS TO IRAS FOR THE YEAR TO EXCEED  THE  DEDUCTIBLE  AMOUNT  FOR  THE
 ENROLLEE'S  TAXABLE  YEAR  UNDER  SECTION  219(B)(1)(A)  OF THE INTERNAL
 REVENUE CODE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY  DEDUCTION
 FROM  THE  WAGES OF AN ENROLLEE BY PARTICIPATING EMPLOYERS SHALL BE MADE
 IN ACCORDANCE WITH THE PROVISIONS IN SECTION ONE HUNDRED NINETY-THREE OF
 THE LABOR LAW. ANY PARTICIPATING EMPLOYER, WHO FAILS  TO  MAKE  EMPLOYEE
 DEDUCTIONS  IN  ACCORDANCE  WITH  THE  PROVISIONS IN SECTION ONE HUNDRED
 NINETY-THREE OF THE LABOR LAW, SHALL BE SUBJECT  TO  THE  PENALTIES  AND

 A. 4982--A                          8
 
 FINES  PROVIDED FOR IN SECTIONS SIX HUNDRED THIRTY AND SIX HUNDRED THIR-
 TY-FIVE OF THE LABOR LAW.
   3.  ENROLLEES  MAY  SELECT  AN  INVESTMENT  OPTION  FROM THE PERMITTED
 INVESTMENT OPTIONS LISTED IN THIS ARTICLE. ENROLLEES  MAY  CHANGE  THEIR
 INVESTMENT  OPTION  AT  ANY  TIME,  SUBJECT  TO RULES PROMULGATED BY THE
 BOARD. IN THE EVENT THAT AN  ENROLLEE  FAILS  TO  SELECT  AN  INVESTMENT
 OPTION,  THAT ENROLLEE SHALL BE PLACED IN THE INVESTMENT OPTION SELECTED
 BY THE BOARD AS THE DEFAULT UNDER THIS ARTICLE. IF  THE  BOARD  HAS  NOT
 SELECTED  A DEFAULT INVESTMENT OPTION UNDER THIS ARTICLE, THEN AN ENROL-
 LEE WHO FAILS TO SELECT AN INVESTMENT OPTION  SHALL  BE  PLACED  IN  THE
 LIFE-CYCLE FUND INVESTMENT OPTION.
   4.  FOLLOWING  INITIAL  IMPLEMENTATION OF THE PROGRAM PURSUANT TO THIS
 SECTION, AT LEAST ONCE EVERY YEAR, PARTICIPATING EMPLOYERS SHALL  DESIG-
 NATE  AN  OPEN  ENROLLMENT  PERIOD DURING WHICH EMPLOYEES WHO PREVIOUSLY
 OPTED OUT OF THE PROGRAM MAY ENROLL IN THE PROGRAM.
   5. AN EMPLOYEE WHO OPTS OUT OF THE PROGRAM WHO SUBSEQUENTLY  WANTS  TO
 PARTICIPATE THROUGH THE PARTICIPATING EMPLOYER'S PAYROLL DEPOSIT RETIRE-
 MENT  SAVINGS  ARRANGEMENT  MAY  ONLY  ENROLL  DURING  THE PARTICIPATING
 EMPLOYER'S DESIGNATED OPEN ENROLLMENT PERIOD  OR  IF  PERMITTED  BY  THE
 PARTICIPATING EMPLOYER AT AN EARLIER TIME.
   6.  EMPLOYERS  SHALL RETAIN THE OPTION AT ALL TIMES TO SET UP ANY TYPE
 OF EMPLOYER-SPONSORED RETIREMENT PLAN INSTEAD OF HAVING A PAYROLL DEPOS-
 IT RETIREMENT SAVINGS ARRANGEMENT TO ALLOW EMPLOYEE PARTICIPATION IN THE
 PROGRAM.
   7. AN ENROLLEE MAY TERMINATE HIS OR HER PARTICIPATION IN  THE  PROGRAM
 AT ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
   8.  (A)  THE STATE COMPTROLLER SHALL ESTABLISH A WEBSITE REGARDING THE
 SECURE CHOICE SAVINGS PROGRAM WHICH  SHALL  BE  ACCESSIBLE  THROUGH  THE
 STATE COMPTROLLER'S OWN WEBSITE.
   (B) THE BOARD SHALL, IN CONJUNCTION WITH THE OFFICE OF THE STATE COMP-
 TROLLER,  ESTABLISH  AND MAINTAIN A SECURE WEBSITE WHEREIN ENROLLEES MAY
 LOG IN AND ACQUIRE INFORMATION REGARDING  CONTRIBUTIONS  AND  INVESTMENT
 INCOME  ALLOCATED  TO,  WITHDRAWALS  FROM, AND BALANCES IN THEIR PROGRAM
 ACCOUNTS FOR THE REPORTING PERIOD. SUCH WEBSITE MUST ALSO INCLUDE INFOR-
 MATION FOR THE  ENROLLEES  REGARDING  OTHER  OPTIONS  AVAILABLE  TO  THE
 EMPLOYEE  AND  HOW  THEY  CAN  TRANSFER THEIR ACCOUNTS TO OTHER PROGRAMS
 SHOULD THEY WISH TO DO SO. SUCH WEBSITE MAY INCLUDE ANY  OTHER  INFORMA-
 TION REGARDING THE PROGRAM AS THE BOARD MAY DETERMINE.
   §  581. PAYMENTS. EMPLOYEE CONTRIBUTIONS DEDUCTED BY THE PARTICIPATING
 EMPLOYER THROUGH PAYROLL DEDUCTION SHALL BE PAID  BY  THE  PARTICIPATING
 EMPLOYER  TO  THE  FUND  USING  ONE  OR  MORE PAYROLL DEPOSIT RETIREMENT
 SAVINGS ARRANGEMENTS  ESTABLISHED  BY  THE  BOARD  UNDER  THIS  ARTICLE,
 EITHER:
   1. ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH
 THE  COMPENSATION  OTHERWISE  WOULD HAVE BEEN PAYABLE TO THE EMPLOYEE IN
 CASH; OR
   2. BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING  SUCH
 PAYMENTS,  BUT  NOT  LATER  THAN  THE  DUE  DATE  FOR THE DEPOSIT OF TAX
 REQUIRED TO BE DEDUCTED AND WITHHELD RELATING TO  COLLECTION  OF  INCOME
 TAX  AT  SOURCE  ON  WAGES OR FOR THE DEPOSIT OF TAX REQUIRED TO BE PAID
 UNDER THE UNEMPLOYMENT INSURANCE SYSTEM FOR THE PAYROLL PERIOD TO  WHICH
 SUCH PAYMENTS RELATE.
   §  582.  DUTY  AND  LIABILITY OF THE STATE. 1. THE STATE SHALL HAVE NO
 DUTY OR LIABILITY TO ANY PARTY FOR THE PAYMENT OF ANY RETIREMENT SAVINGS
 BENEFITS ACCRUED BY  ANY  ENROLLEE  UNDER  THE  PROGRAM.  ANY  FINANCIAL
 LIABILITY  FOR  THE  PAYMENT OF RETIREMENT SAVINGS BENEFITS IN EXCESS OF

 A. 4982--A                          9
 
 FUNDS AVAILABLE UNDER THE PROGRAM SHALL BE BORNE SOLELY BY THE  ENTITIES
 WITH  WHOM THE BOARD CONTRACTS TO PROVIDE INSURANCE TO PROTECT THE VALUE
 OF THE PROGRAM.
   2. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 MEMBER  THEREOF  IS  LIABLE  FOR  ANY  LOSS OR DEFICIENCY RESULTING FROM
 PARTICULAR INVESTMENTS SELECTED  UNDER  THIS  ARTICLE,  EXCEPT  FOR  ANY
 LIABILITY THAT ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
   §  583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS. 1.  PARTICIPAT-
 ING EMPLOYERS SHALL NOT HAVE ANY LIABILITY FOR AN EMPLOYEE'S DECISION TO
 PARTICIPATE IN, OR OPT OUT OF, THE PROGRAM OR FOR THE  INVESTMENT  DECI-
 SIONS OF THE BOARD OR OF ANY ENROLLEE.
   2. A PARTICIPATING EMPLOYER SHALL NOT BE A FIDUCIARY, OR CONSIDERED TO
 BE  A  FIDUCIARY,  OVER  THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT
 BEAR RESPONSIBILITY FOR THE ADMINISTRATION,  INVESTMENT,  OR  INVESTMENT
 PERFORMANCE OF THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT BE LIABLE
 WITH  REGARD TO INVESTMENT RETURNS, PROGRAM DESIGN, AND BENEFITS PAID TO
 PROGRAM PARTICIPANTS.
   § 584. AUDIT AND REPORTS. 1. THE BOARD SHALL ANNUALLY SUBMIT:
   (A) AN AUDITED FINANCIAL REPORT, PREPARED IN ACCORDANCE WITH GENERALLY
 ACCEPTED ACCOUNTING PRINCIPLES, ON THE OPERATIONS OF THE PROGRAM  DURING
 EACH  CALENDAR YEAR BY JULY FIRST OF THE FOLLOWING YEAR TO THE GOVERNOR,
 THE COMPTROLLER, THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE SENATE
 AND ASSEMBLY; AND
   (B) A REPORT PREPARED BY THE BOARD, WHICH SHALL INCLUDE,  BUT  IS  NOT
 LIMITED TO, A SUMMARY OF THE BENEFITS PROVIDED BY THE PROGRAM, INCLUDING
 THE  NUMBER  OF  ENROLLEES IN THE PROGRAM, THE PERCENTAGE AND AMOUNTS OF
 INVESTMENT OPTIONS AND RATES OF RETURN, AND SUCH OTHER INFORMATION  THAT
 IS  RELEVANT TO MAKE A FULL, FAIR, AND EFFECTIVE DISCLOSURE OF THE OPER-
 ATIONS OF THE PROGRAM AND THE FUND. THE ANNUAL AUDIT SHALL BE MADE BY AN
 INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AND SHALL INCLUDE,  BUT  IS  NOT
 LIMITED TO, DIRECT AND INDIRECT COSTS ATTRIBUTABLE TO THE USE OF OUTSIDE
 CONSULTANTS,  INDEPENDENT CONTRACTORS, AND ANY OTHER PERSONS WHO ARE NOT
 STATE EMPLOYEES FOR THE ADMINISTRATION OF THE PROGRAM.
   2. IN ADDITION TO ANY OTHER STATEMENTS OR REPORTS REQUIRED BY LAW, THE
 BOARD SHALL PROVIDE PERIODIC REPORTS AT  LEAST  ANNUALLY  TO  ENROLLEES,
 REPORTING  CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO, WITHDRAWALS
 FROM, AND BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE  REPORTING  PERIOD.
 SUCH  REPORTS MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM AS
 THE BOARD MAY DETERMINE.
   § 585. DELAYED IMPLEMENTATION. IF THE BOARD DOES NOT  OBTAIN  ADEQUATE
 FUNDS  TO  IMPLEMENT  THE  PROGRAM WITHIN THE TIME FRAME SET FORTH UNDER
 THIS ARTICLE AND IS SUBJECT TO APPROPRIATION, THE BOARD  MAY  DELAY  THE
 IMPLEMENTATION OF THE PROGRAM.
   § 3. The state finance law is amended by adding two new sections 99-bb
 and 99-cc to read as follows:
   §  99-BB. NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND. 1.  THERE
 IS HEREBY ESTABLISHED WITHIN THE JOINT CUSTODY OF  THE  COMMISSIONER  OF
 TAXATION  AND FINANCE AND THE STATE COMPTROLLER IN CONSULTATION WITH THE
 NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD, A  NEW  FUND  TO  BE
 KNOWN AS THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND.
   2. THE FUND SHALL INCLUDE THE INDIVIDUAL RETIREMENT ACCOUNTS OF ENROL-
 LEES, WHICH SHALL BE ACCOUNTED FOR AS INDIVIDUAL ACCOUNTS.
   3.  MONEYS IN THE FUND SHALL CONSIST OF MONEYS RECEIVED FROM ENROLLEES
 AND PARTICIPATING EMPLOYERS PURSUANT TO AUTOMATIC PAYROLL DEDUCTIONS AND
 CONTRIBUTIONS TO SAVINGS MADE UNDER THE NEW  YORK  STATE  SECURE  CHOICE

 A. 4982--A                         10

 SAVINGS  PROGRAM  PURSUANT  TO  ARTICLE FOURTEEN-C OF THE RETIREMENT AND
 SOCIAL SECURITY LAW.
   4.  THE  FUND SHALL BE OPERATED IN A MANNER DETERMINED BY THE NEW YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD, PROVIDED  THAT  THE  FUND  IS
 OPERATED SO THAT THE ACCOUNTS OF ENROLLEES ESTABLISHED UNDER THE PROGRAM
 MEET THE REQUIREMENTS FOR IRAS UNDER THE INTERNAL REVENUE CODE.
   5.  THE AMOUNTS DEPOSITED IN THE FUND SHALL NOT CONSTITUTE PROPERTY OF
 THE STATE AND THE FUND SHALL NOT BE CONSTRUED TO BE A DEPARTMENT, INSTI-
 TUTION, OR AGENCY OF THE STATE. AMOUNTS ON DEPOSIT IN THE FUND SHALL NOT
 BE COMMINGLED WITH STATE FUNDS AND THE STATE SHALL HAVE NO CLAIM  TO  OR
 AGAINST, OR INTEREST IN, SUCH FUNDS.
   §  99-CC.  NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND. 1.  THERE
 IS HEREBY ESTABLISHED WITHIN THE JOINT CUSTODY OF  THE  COMMISSIONER  OF
 TAXATION  AND FINANCE AND THE STATE COMPTROLLER IN CONSULTATION WITH THE
 NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD, A  NEW  FUND  TO  BE
 KNOWN AS THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   2.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE ADMINISTRATIVE FUND TO PAY FOR ADMINISTRATIVE EXPENSES  IT
 INCURS  IN THE PERFORMANCE OF ITS DUTIES UNDER THE NEW YORK STATE SECURE
 CHOICE SAVINGS PROGRAM PURSUANT TO ARTICLE FOURTEEN-C OF THE  RETIREMENT
 AND SOCIAL SECURITY LAW.
   3.  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM BOARD SHALL USE
 MONEYS IN THE  ADMINISTRATIVE  FUND  TO  COVER  START-UP  ADMINISTRATIVE
 EXPENSES  IT INCURS IN THE PERFORMANCE OF ITS DUTIES UNDER ARTICLE FOUR-
 TEEN-C OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   4. THE ADMINISTRATIVE FUND MAY RECEIVE  ANY  GRANTS  OR  OTHER  MONEYS
 DESIGNATED  FOR  ADMINISTRATIVE  PURPOSES FROM THE STATE, OR ANY UNIT OF
 FEDERAL OR LOCAL GOVERNMENT, OR ANY OTHER PERSON, FIRM, PARTNERSHIP,  OR
 CORPORATION.  ANY  INTEREST  EARNINGS THAT ARE ATTRIBUTABLE TO MONEYS IN
 THE ADMINISTRATIVE FUND MUST BE DEPOSITED INTO THE ADMINISTRATIVE FUND.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4982--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M. of A. RODRIGUEZ, LUPARDO, COOK, MONTESANO, SEPULVEDA,
   RICHARDSON, MAYER, SOLAGES, DILAN, PRETLOW, PICHARDO,  RIVERA,  BLAKE,
   O'DONNELL,  NOLAN,  BENEDETTO,  ROZIC, ARROYO, TITONE, DAVILA, JOYNER,
   FARRELL, HOOPER, DenDEKKER, WALKER,  GOTTFRIED,  AUBRY,  SANTABARBARA,
   GUNTHER,  PERRY, HUNTER, BICHOTTE, CRESPO, HARRIS, JEAN-PIERRE, BRAUN-
   STEIN, LAVINE, HEVESI,  DINOWITZ,  JENNE,  BRINDISI,  BARRON,  MOSLEY,
   STIRPE,  FAHY,  CASTORINA,  RAIA,  ROSENTHAL, SKOUFIS, LIFTON, WEPRIN,
   RAMOS,  ORTIZ,  QUART,  GALEF,  SEAWRIGHT,  SIMOTAS,  RYAN,   BRONSON,
   PEOPLES-STOKES, TITUS, KIM, KAVANAGH, WILLIAMS, COLTON, MOYA, HYNDMAN,
   WOERNER, CARROLL, FINCH, MAGNARELLI, McDONALD, D'URSO, GRAF, MURRAY --
   Multi-Sponsored  by -- M.  of A. BUCHWALD, CURRAN, ENGLEBRIGHT, GLICK,
   KEARNS, LENTOL, LOPEZ, LUPINACCI, McDONOUGH, McLAUGHLIN, RA,  SIMANOW-
   ITZ,  SIMON,  SKARTADOS, STEC, STECK, THIELE -- read once and referred
   to the Committee on Governmental Employees -- reported and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred  to  the Committee on Ways and Means -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the retirement and social security law and the state
   finance law, in relation to enacting the New York state secure  choice
   savings program act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state secure choice savings program act".
   § 2. The retirement and social security law is amended by adding a new
 article 14-C to read as follows:
                               ARTICLE 14-C
               NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 SECTION 570. DEFINITIONS.

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

                                                            LBD05116-06-7

 A. 4982--B                          2
 
         571. PROGRAM ESTABLISHED.
         572. COMPOSITION OF THE BOARD.
         573. FIDUCIARY DUTY.
         574. DUTIES OF THE BOARD.
         575. RISK MANAGEMENT.
         576. INVESTMENT FIRMS.
         577. INVESTMENT OPTIONS.
         578. BENEFITS.
         579. EMPLOYER  AND  EMPLOYEE  INFORMATION PACKETS AND DISCLOSURE
                FORMS.
         580. PROGRAM IMPLEMENTATION AND ENROLLMENT.
         581. PAYMENTS.
         582. DUTY AND LIABILITY OF THE STATE.
         583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS.
         584. AUDIT AND REPORTS.
         585. DELAYED IMPLEMENTATION.
   § 570. DEFINITIONS. ALL TERMS SHALL HAVE THE SAME MEANING AS WHEN USED
 IN A COMPARABLE CONTEXT IN THE INTERNAL REVENUE CODE. AS  USED  IN  THIS
 ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BOARD" SHALL MEAN THE NEW YORK SECURE CHOICE SAVINGS PROGRAM BOARD
 ESTABLISHED UNDER THIS ARTICLE.
   2. "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE DEPARTMENT OF
 FINANCIAL SERVICES.
   2-A. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
   3.  "EMPLOYEE"  SHALL MEAN ANY INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE
 OR OLDER, WHO IS EMPLOYED BY AN EMPLOYER, AND WHO EARNED  WAGES  WORKING
 FOR AN EMPLOYER IN NEW YORK STATE DURING A CALENDAR YEAR.
   4.  "EMPLOYER"  SHALL  MEAN  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
 INDUSTRY, PROFESSION, TRADE, OR OTHER  ENTERPRISE  IN  NEW  YORK  STATE,
 WHETHER  FOR  PROFIT OR NOT FOR PROFIT, THAT HAS NOT OFFERED A QUALIFIED
 RETIREMENT PLAN, INCLUDING, BUT NOT LIMITED TO, A PLAN  QUALIFIED  UNDER
 SECTIONS 401(A), 401(K), 403(A), 403(B), 408(K), 408(P) OR 457(B) OF THE
 INTERNAL REVENUE CODE OF 1986 IN THE PRECEDING TWO YEARS.
   5. "ENROLLEE" SHALL MEAN ANY EMPLOYEE WHO IS ENROLLED IN THE PROGRAM.
   6.  "FUND" SHALL MEAN THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM
 FUND.
   7. "INTERNAL REVENUE CODE" SHALL MEAN THE  INTERNAL  REVENUE  CODE  OF
 1986, OR ANY SUCCESSOR LAW, IN EFFECT FOR THE CALENDAR YEAR.
   8. "IRA" SHALL MEAN A ROTH IRA (INDIVIDUAL RETIREMENT ACCOUNT).
   9.  "PARTICIPATING  EMPLOYER"  SHALL  MEAN AN EMPLOYER THAT PROVIDES A
 PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT AS PROVIDED FOR  BY  THIS
 ARTICLE FOR ITS EMPLOYEES WHO ARE ENROLLEES IN THE PROGRAM.
   10.  "PAYROLL  DEPOSIT  RETIREMENT  SAVINGS ARRANGEMENT" SHALL MEAN AN
 ARRANGEMENT BY WHICH A PARTICIPATING EMPLOYER ALLOWS ENROLLEES TO  REMIT
 PAYROLL DEDUCTION CONTRIBUTIONS TO THE PROGRAM.
   11.  "PROGRAM"  SHALL  MEAN  THE  NEW YORK STATE SECURE CHOICE SAVINGS
 PROGRAM.
   12. "WAGES" MEANS ANY  COMPENSATION  WITHIN  THE  MEANING  OF  SECTION
 219(F)(1)  OF  THE INTERNAL REVENUE CODE THAT IS RECEIVED BY AN ENROLLEE
 FROM A PARTICIPATING EMPLOYER DURING THE CALENDAR YEAR.
   § 571. PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED  A  RETIREMENT
 SAVINGS PROGRAM IN THE FORM OF AN AUTOMATIC ENROLLMENT PAYROLL DEDUCTION
 IRA,  KNOWN  AS  THE  NEW  YORK STATE SECURE CHOICE SAVINGS PROGRAM. THE
 GENERAL ADMINISTRATION AND RESPONSIBILITY FOR THE  PROPER  OPERATION  OF
 THE  PROGRAM  SHALL  BE  ADMINISTERED  BY  THE  BOARD FOR THE PURPOSE OF

 A. 4982--B                          3

 PROMOTING GREATER RETIREMENT SAVINGS FOR PRIVATE-SECTOR EMPLOYEES  IN  A
 CONVENIENT, LOW-COST, AND PORTABLE MANNER.
   §  572. COMPOSITION OF THE BOARD. THERE IS HEREBY CREATED THE NEW YORK
 STATE SECURE CHOICE SAVINGS PROGRAM BOARD.
   1. THE BOARD SHALL CONSIST OF THE FOLLOWING EIGHT MEMBERS:
   (A) THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE, WHO SHALL SERVE  AS
 CHAIR;
   (B) THE SUPERINTENDENT, OR HIS OR HER DESIGNEE;
   (C)  TWO  PUBLIC  REPRESENTATIVES WITH EXPERTISE IN RETIREMENT SAVINGS
 PLAN ADMINISTRATION OR  INVESTMENT,  OR  BOTH,  ONE  OF  WHOM  SHALL  BE
 APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY  AND ONE OF WHOM SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (D) A REPRESENTATIVE OF  PARTICIPATING  EMPLOYERS,  APPOINTED  BY  THE
 GOVERNOR;
   (E) A REPRESENTATIVE OF ENROLLEES, APPOINTED BY THE GOVERNOR;
   (F) THE CHAIR OF THE ASSEMBLY GOVERNMENTAL EMPLOYEES COMMITTEE; AND
   (G) THE CHAIR OF THE SENATE CIVIL SERVICE AND PENSION COMMITTEE.
   2.  MEMBERS  OF  THE BOARD SHALL SERVE WITHOUT COMPENSATION BUT MAY BE
 REIMBURSED FOR NECESSARY TRAVEL EXPENSES  INCURRED  IN  CONNECTION  WITH
 THEIR BOARD DUTIES FROM FUNDS APPROPRIATED FOR THE PURPOSE.
   3.  THE INITIAL APPOINTMENTS SHALL BE AS FOLLOWS: ONE PUBLIC REPRESEN-
 TATIVE FOR FOUR YEARS; THE REPRESENTATIVE OF PARTICIPATING EMPLOYERS FOR
 THREE YEARS; AND THE REPRESENTATIVE OF ENROLLEES FOR THREE YEARS.  THER-
 EAFTER, ALL THE GOVERNOR'S APPOINTEES SHALL BE FOR TERMS OF FOUR YEARS.
   4. A VACANCY IN THE TERM OF AN APPOINTED BOARD MEMBER SHALL BE  FILLED
 FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT.
   5.  EACH  APPOINTMENT  BY THE GOVERNOR SHALL BE SUBJECT TO APPROVAL BY
 THE COMPTROLLER, WHO, UPON APPROVAL, SHALL CERTIFY HIS OR  HER  APPROVAL
 TO THE SECRETARY OF STATE.
   § 573. FIDUCIARY DUTY. THE BOARD, THE INDIVIDUAL MEMBERS OF THE BOARD,
 THE  TRUSTEES,  ANY  OTHER AGENTS APPOINTED OR ENGAGED BY THE BOARD, AND
 ALL PERSONS SERVING AS PROGRAM STAFF SHALL DISCHARGE THEIR  DUTIES  WITH
 RESPECT TO THE PROGRAM SOLELY IN THE INTEREST OF THE PROGRAM'S ENROLLEES
 AND BENEFICIARIES AS FOLLOWS:
   1.  FOR  THE EXCLUSIVE PURPOSES OF PROVIDING BENEFITS TO ENROLLEES AND
 BENEFICIARIES AND DEFRAYING REASONABLE  EXPENSES  OF  ADMINISTERING  THE
 PROGRAM;
   2.  BY  INVESTING  WITH THE CARE, SKILL, PRUDENCE, AND DILIGENCE UNDER
 THE PREVAILING CIRCUMSTANCES THAT A PRUDENT  PERSON  ACTING  IN  A  LIKE
 CAPACITY  AND FAMILIAR WITH THOSE MATTERS WOULD USE IN THE CONDUCT OF AN
 ENTERPRISE OF A LIKE CHARACTER AND WITH LIKE AIMS; AND
   3. BY USING ANY CONTRIBUTIONS PAID BY EMPLOYEES AND  EMPLOYERS  REMIT-
 TING  EMPLOYEES'  OWN  CONTRIBUTIONS  INTO THE TRUST EXCLUSIVELY FOR THE
 PURPOSE OF PAYING BENEFITS TO THE ENROLLEES OF THE PROGRAM, FOR THE COST
 OF ADMINISTRATION OF THE PROGRAM, AND FOR INVESTMENTS MADE FOR THE BENE-
 FIT OF THE PROGRAM.
   § 574. DUTIES OF THE BOARD.  IN  ADDITION  TO  THE  OTHER  DUTIES  AND
 RESPONSIBILITIES STATED IN THIS ARTICLE, THE BOARD SHALL:
   1.  CAUSE  THE  PROGRAM  TO BE DESIGNED, ESTABLISHED AND OPERATED IN A
 MANNER THAT:
   (A) ACCORDS WITH BEST PRACTICES FOR RETIREMENT SAVINGS VEHICLES;
   (B) MAXIMIZES PARTICIPATION, SAVINGS, AND SOUND  INVESTMENT  PRACTICES
 INCLUDING  CONSIDERING  THE USE OF AUTOMATIC ENROLLMENT AS ALLOWED UNDER
 FEDERAL LAW;

 A. 4982--B                          4
 
   (C) MAXIMIZES SIMPLICITY, INCLUDING EASE OF ADMINISTRATION FOR PARTIC-
 IPATING EMPLOYERS AND ENROLLEES;
   (D)  PROVIDES  AN EFFICIENT PRODUCT TO ENROLLEES BY POOLING INVESTMENT
 FUNDS;
   (E) ENSURES THE PORTABILITY OF BENEFITS; AND
   (F) PROVIDES FOR THE DEACCUMULATION OF ENROLLEE  ASSETS  IN  A  MANNER
 THAT MAXIMIZES FINANCIAL SECURITY IN RETIREMENT.
   2. APPOINT A TRUSTEE TO THE IRA FUND IN COMPLIANCE WITH SECTION 408 OF
 THE INTERNAL REVENUE CODE.
   3.  EXPLORE AND ESTABLISH INVESTMENT OPTIONS, SUBJECT TO THIS ARTICLE,
 THAT OFFER ENROLLEES RETURNS ON  CONTRIBUTIONS  AND  THE  CONVERSION  OF
 INDIVIDUAL  RETIREMENT  SAVINGS  ACCOUNT  BALANCES  TO SECURE RETIREMENT
 INCOME WITHOUT INCURRING DEBT OR LIABILITIES TO THE STATE.
   4. ESTABLISH THE PROCESS BY WHICH INTEREST, INVESTMENT  EARNINGS,  AND
 INVESTMENT  LOSSES ARE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS ON A PRO
 RATA BASIS AND ARE COMPUTED AT THE INTEREST RATE ON THE  BALANCE  OF  AN
 INDIVIDUAL'S ACCOUNT.
   5.  MAKE  AND ENTER INTO CONTRACTS NECESSARY FOR THE ADMINISTRATION OF
 THE PROGRAM AND FUND, INCLUDING,  BUT  NOT  LIMITED  TO,  RETAINING  AND
 CONTRACTING  WITH  INVESTMENT  MANAGERS, PRIVATE FINANCIAL INSTITUTIONS,
 OTHER FINANCIAL AND SERVICE PROVIDERS, CONSULTANTS, ACTUARIES,  COUNSEL,
 AUDITORS,  THIRD-PARTY ADMINISTRATORS, AND OTHER PROFESSIONALS AS NECES-
 SARY.
   6. CONDUCT A REVIEW OF THE PERFORMANCE OF ANY INVESTMENT VENDORS EVERY
 FOUR YEARS, INCLUDING, BUT NOT LIMITED TO, A REVIEW  OF  RETURNS,  FEES,
 AND  CUSTOMER  SERVICE. A COPY OF REVIEWS SHALL BE POSTED TO THE BOARD'S
 INTERNET WEBSITE.
   7. DETERMINE THE NUMBER AND DUTIES OF STAFF MEMBERS NEEDED TO ADMINIS-
 TER THE PROGRAM AND ASSEMBLE SUCH A STAFF, INCLUDING, AS NEEDED, EMPLOY-
 ING STAFF, AND APPOINTING A PROGRAM ADMINISTRATOR.
   8. CAUSE MONEYS IN THE FUND TO BE HELD AND INVESTED AS POOLED  INVEST-
 MENTS  DESCRIBED  IN THIS ARTICLE, WITH A VIEW TO ACHIEVING COST SAVINGS
 THROUGH EFFICIENCIES AND ECONOMIES OF SCALE.
   9. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN ENROLLEE IS ABLE  TO
 CONTRIBUTE  A  PORTION  OF HIS OR HER WAGES TO THE PROGRAM FOR AUTOMATIC
 DEPOSIT OF THOSE CONTRIBUTIONS AND THE PROCESS BY WHICH THE  PARTICIPAT-
 ING  EMPLOYER  PROVIDES A PAYROLL DEPOSIT RETIREMENT SAVINGS ARRANGEMENT
 TO FORWARD THOSE CONTRIBUTIONS AND RELATED INFORMATION TO  THE  PROGRAM,
 INCLUDING, BUT NOT LIMITED TO, CONTRACTING WITH FINANCIAL SERVICE COMPA-
 NIES  AND  THIRD-PARTY ADMINISTRATORS WITH THE CAPABILITY TO RECEIVE AND
 PROCESS EMPLOYEE  INFORMATION  AND  CONTRIBUTIONS  FOR  PAYROLL  DEPOSIT
 RETIREMENT SAVINGS ARRANGEMENTS OR SIMILAR ARRANGEMENTS.
   10.  DESIGN  AND  ESTABLISH  THE  PROCESS FOR ENROLLMENT INCLUDING THE
 PROCESS BY WHICH AN EMPLOYEE CAN OPT NOT TO PARTICIPATE IN THE  PROGRAM,
 SELECT  A CONTRIBUTION LEVEL, SELECT AN INVESTMENT OPTION, AND TERMINATE
 PARTICIPATION IN THE PROGRAM.
   11. EVALUATE AND ESTABLISH THE PROCESS BY WHICH AN EMPLOYEE MAY VOLUN-
 TARILY ENROLL IN AND MAKE CONTRIBUTIONS TO THE PROGRAM.
   12. ACCEPT ANY GRANTS, APPROPRIATIONS, OR OTHER MONEYS FROM THE STATE,
 ANY UNIT OF FEDERAL, STATE, OR LOCAL GOVERNMENT, OR  ANY  OTHER  PERSON,
 FIRM,  PARTNERSHIP,  OR  CORPORATION  SOLELY  FOR DEPOSIT INTO THE FUND,
 WHETHER FOR INVESTMENT OR ADMINISTRATIVE PURPOSES.
   13. EVALUATE THE NEED FOR, AND PROCURE AS  NEEDED,  INSURANCE  AGAINST
 ANY  AND ALL LOSS IN CONNECTION WITH THE PROPERTY, ASSETS, OR ACTIVITIES
 OF THE PROGRAM, AND INDEMNIFY AS NEEDED EACH MEMBER OF  THE  BOARD  FROM

 A. 4982--B                          5
 
 PERSONAL  LOSS OR LIABILITY RESULTING FROM A MEMBER'S ACTION OR INACTION
 AS A MEMBER OF THE BOARD.
   14.  MAKE  PROVISIONS  FOR  THE  PAYMENT  OF  ADMINISTRATIVE COSTS AND
 EXPENSES FOR THE CREATION, MANAGEMENT, AND  OPERATION  OF  THE  PROGRAM.
 SUBJECT TO APPROPRIATION, THE STATE MAY PAY ADMINISTRATIVE COSTS ASSOCI-
 ATED  WITH  THE  CREATION AND MANAGEMENT OF THE PROGRAM UNTIL SUFFICIENT
 ASSETS ARE AVAILABLE IN THE  FUND  FOR  THAT  PURPOSE.  THEREAFTER,  ALL
 ADMINISTRATIVE  COSTS  OF  THE FUND, INCLUDING REPAYMENT OF ANY START-UP
 FUNDS PROVIDED BY THE STATE, SHALL BE PAID ONLY OUT OF MONEYS ON DEPOSIT
 THEREIN. HOWEVER, PRIVATE FUNDS OR FEDERAL FUNDING RECEIVED IN ORDER  TO
 IMPLEMENT  THE  PROGRAM  UNTIL  THE FUND IS SELF-SUSTAINING SHALL NOT BE
 REPAID UNLESS THOSE FUNDS WERE OFFERED CONTINGENT UPON  THE  PROMISE  OF
 SUCH  REPAYMENT.  THE BOARD SHALL KEEP ANNUAL ADMINISTRATIVE EXPENSES AS
 LOW AS POSSIBLE, BUT IN NO EVENT SHALL THEY EXCEED 0.75%  OF  THE  TOTAL
 TRUST BALANCE.
   15.  ALLOCATE ADMINISTRATIVE FEES TO INDIVIDUAL RETIREMENT ACCOUNTS IN
 THE PROGRAM ON A PRO RATA BASIS.
   16. SET MINIMUM AND MAXIMUM CONTRIBUTION  LEVELS  IN  ACCORDANCE  WITH
 LIMITS ESTABLISHED FOR IRAS BY THE INTERNAL REVENUE CODE.
   17. FACILITATE EDUCATION AND OUTREACH TO EMPLOYERS AND EMPLOYEES.
   18.  FACILITATE COMPLIANCE BY THE PROGRAM WITH ALL APPLICABLE REQUIRE-
 MENTS FOR THE PROGRAM UNDER THE INTERNAL  REVENUE  CODE,  INCLUDING  TAX
 QUALIFICATION  REQUIREMENTS  OR  ANY OTHER APPLICABLE LAW AND ACCOUNTING
 REQUIREMENTS.
   19. CARRY OUT THE DUTIES AND OBLIGATIONS OF THE PROGRAM IN  AN  EFFEC-
 TIVE, EFFICIENT, AND LOW-COST MANNER.
   20.  EXERCISE  ANY  AND  ALL OTHER POWERS REASONABLY NECESSARY FOR THE
 EFFECTUATION OF THE PURPOSES, OBJECTIVES, AND PROVISIONS OF THIS ARTICLE
 PERTAINING TO THE PROGRAM.
   21. DEPOSIT INTO THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE  FUND
 ALL  GRANTS,  GIFTS, DONATIONS, FEES, AND EARNINGS FROM INVESTMENTS FROM
 THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND THAT ARE  USED  TO
 RECOVER  ADMINISTRATIVE  COSTS.  ALL EXPENSES OF THE BOARD SHALL BE PAID
 FROM THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   22. DETERMINE  WITHDRAWAL  PROVISIONS,  SUCH  AS  ECONOMIC  HARDSHIPS,
 PORTABILITY AND LEAKAGE.
   23. DETERMINE EMPLOYEE RIGHTS AND ENFORCEMENT OF PENALTIES.
   §  575.  RISK MANAGEMENT. THE BOARD SHALL ANNUALLY PREPARE AND ADOPT A
 WRITTEN STATEMENT OF INVESTMENT POLICY THAT INCLUDES A  RISK  MANAGEMENT
 AND  OVERSIGHT PROGRAM. THIS INVESTMENT POLICY SHALL PROHIBIT THE BOARD,
 PROGRAM, AND FUND FROM  BORROWING  FOR  INVESTMENT  PURPOSES.  THE  RISK
 MANAGEMENT  AND  OVERSIGHT  PROGRAM  SHALL BE DESIGNED TO ENSURE THAT AN
 EFFECTIVE RISK MANAGEMENT SYSTEM IS IN PLACE TO MONITOR THE RISK  LEVELS
 OF  THE  PROGRAM  AND FUND PORTFOLIO, TO ENSURE THAT THE RISKS TAKEN ARE
 PRUDENT AND PROPERLY MANAGED, TO PROVIDE AN INTEGRATED PROCESS FOR OVER-
 ALL RISK MANAGEMENT, AND TO ASSESS INVESTMENT RETURNS AS WELL AS RISK TO
 DETERMINE IF THE RISKS TAKEN  ARE  ADEQUATELY  COMPENSATED  COMPARED  TO
 APPLICABLE PERFORMANCE BENCHMARKS AND STANDARDS. THE BOARD SHALL CONSID-
 ER  THE STATEMENT OF INVESTMENT POLICY AND ANY CHANGES IN THE INVESTMENT
 POLICY AT A PUBLIC HEARING.
   § 576. INVESTMENT FIRMS. 1. THE BOARD SHALL ENGAGE, AFTER AN OPEN  BID
 PROCESS,  AN  INVESTMENT  MANAGER OR MANAGERS TO INVEST THE FUND AND ANY
 OTHER ASSETS OF THE PROGRAM. MONEYS IN THE FUND MAY BE INVESTED OR REIN-
 VESTED BY THE COMPTROLLER OR MAY BE INVESTED IN WHOLE  OR  IN  PART.  IN
 SELECTING  THE INVESTMENT MANAGER OR MANAGERS, THE BOARD SHALL TAKE INTO

 A. 4982--B                          6
 
 CONSIDERATION AND GIVE WEIGHT  TO  THE  INVESTMENT  MANAGER'S  FEES  AND
 CHARGES IN ORDER TO REDUCE THE PROGRAM'S ADMINISTRATIVE EXPENSES.
   2.  THE  INVESTMENT  MANAGER OR MANAGERS SHALL COMPLY WITH ANY AND ALL
 APPLICABLE FEDERAL AND STATE LAWS, RULES, AND REGULATIONS,  AS  WELL  AS
 ANY  AND  ALL  RULES,  POLICIES, AND GUIDELINES PROMULGATED BY THE BOARD
 WITH RESPECT TO THE PROGRAM AND THE INVESTMENT OF THE  FUND,  INCLUDING,
 BUT NOT LIMITED TO, THE INVESTMENT POLICY.
   3.  THE  INVESTMENT  MANAGER OR MANAGERS SHALL PROVIDE SUCH REPORTS AS
 THE BOARD DEEMS NECESSARY FOR  THE  BOARD  TO  OVERSEE  EACH  INVESTMENT
 MANAGER'S PERFORMANCE AND THE PERFORMANCE OF THE FUND.
   §  577. INVESTMENT OPTIONS. 1. THE BOARD SHALL ESTABLISH AS AN INVEST-
 MENT OPTION A LIFE-CYCLE FUND WITH A TARGET DATE BASED UPON THE  AGE  OF
 THE  ENROLLEE. THIS SHALL BE THE DEFAULT INVESTMENT OPTION FOR ENROLLEES
 WHO FAIL TO ELECT AN INVESTMENT OPTION UNLESS AND UNTIL THE BOARD DESIG-
 NATES BY RULE A NEW INVESTMENT OPTION AS THE DEFAULT.
   2. THE BOARD MAY ALSO ESTABLISH ANY OR ALL OF THE FOLLOWING ADDITIONAL
 INVESTMENT OPTIONS:
   (A) A CONSERVATIVE PRINCIPAL PROTECTION FUND;
   (B) A GROWTH FUND;
   (C) A SECURE RETURN FUND WHOSE PRIMARY OBJECTIVE IS  THE  PRESERVATION
 OF  THE  SAFETY  OF PRINCIPAL AND THE PROVISION OF A STABLE AND LOW-RISK
 RATE OF RETURN; IF THE BOARD ELECTS TO ESTABLISH A SECURE  RETURN  FUND,
 THE BOARD MAY PROCURE ANY INSURANCE, ANNUITY, OR OTHER PRODUCT TO INSURE
 THE  VALUE  OF  ENROLLEES'  ACCOUNTS AND GUARANTEE A RATE OF RETURN; THE
 COST OF SUCH FUNDING MECHANISM SHALL BE PAID OUT OF THE FUND;  UNDER  NO
 CIRCUMSTANCES  SHALL THE BOARD, PROGRAM, FUND, THE STATE, OR ANY PARTIC-
 IPATING EMPLOYER ASSUME ANY LIABILITY FOR INVESTMENT OR ACTUARIAL  RISK;
 THE  BOARD  SHALL DETERMINE WHETHER TO ESTABLISH SUCH INVESTMENT OPTIONS
 BASED UPON AN ANALYSIS OF  THEIR  COST,  RISK  PROFILE,  BENEFIT  LEVEL,
 FEASIBILITY, AND EASE OF IMPLEMENTATION; OR
   (D) AN ANNUITY FUND.
   3.  IF  THE  BOARD ELECTS TO ESTABLISH A SECURE RETURN FUND, THE BOARD
 SHALL THEN DETERMINE WHETHER SUCH OPTION SHALL REPLACE THE  TARGET  DATE
 OR LIFE-CYCLE FUND AS THE DEFAULT INVESTMENT OPTION FOR ENROLLEES WHO DO
 NOT  ELECT AN INVESTMENT OPTION. IN MAKING SUCH DETERMINATION, THE BOARD
 SHALL CONSIDER THE COST,  RISK  PROFILE,  BENEFIT  LEVEL,  AND  EASE  OF
 ENROLLMENT  IN  THE SECURE RETURN FUND. THE BOARD MAY AT ANY TIME THERE-
 AFTER REVISIT THIS QUESTION AND, BASED UPON AN ANALYSIS OF THESE  CRITE-
 RIA,  ESTABLISH  EITHER THE SECURE RETURN FUND OR THE LIFE-CYCLE FUND AS
 THE DEFAULT FOR ENROLLEES WHO DO NOT ELECT AN INVESTMENT OPTION.
   § 578. BENEFITS. INTEREST, INVESTMENT EARNINGS, AND INVESTMENT  LOSSES
 SHALL  BE ALLOCATED TO INDIVIDUAL PROGRAM ACCOUNTS AS ESTABLISHED BY THE
 BOARD PURSUANT TO THIS ARTICLE. AN INDIVIDUAL'S RETIREMENT SAVINGS BENE-
 FIT UNDER THE PROGRAM SHALL BE AN AMOUNT EQUAL TO  THE  BALANCE  IN  THE
 INDIVIDUAL'S  PROGRAM ACCOUNT ON THE DATE THE RETIREMENT SAVINGS BENEFIT
 BECOMES PAYABLE. THE STATE SHALL HAVE NO LIABILITY FOR  THE  PAYMENT  OF
 ANY BENEFIT TO ANY ENROLLEE IN THE PROGRAM.
   § 579. EMPLOYER AND EMPLOYEE INFORMATION PACKETS AND DISCLOSURE FORMS.
 1.  PRIOR  TO THE OPENING OF THE PROGRAM FOR ENROLLMENT, THE BOARD SHALL
 DESIGN AND DISSEMINATE TO ALL EMPLOYERS AN EMPLOYER  INFORMATION  PACKET
 AND  AN  EMPLOYEE  INFORMATION  PACKET,  WHICH  SHALL INCLUDE BACKGROUND
 INFORMATION ON THE PROGRAM, APPROPRIATE DISCLOSURES FOR  EMPLOYEES,  AND
 INFORMATION REGARDING THE VENDOR INTERNET WEBSITE DESCRIBED.
   2.  THE  BOARD  SHALL  PROVIDE  FOR  THE CONTENTS OF BOTH THE EMPLOYEE
 INFORMATION PACKET AND THE EMPLOYER INFORMATION PACKET.    THE  EMPLOYEE
 INFORMATION  PACKET SHALL BE MADE AVAILABLE IN ENGLISH, SPANISH, HAITIAN

 A. 4982--B                          7

 CREOLE, CHINESE, KOREAN, RUSSIAN, ARABIC, AND  ANY  OTHER  LANGUAGE  THE
 COMPTROLLER DEEMS NECESSARY.
   3.  THE  EMPLOYEE  INFORMATION PACKET SHALL INCLUDE A DISCLOSURE FORM.
 THE DISCLOSURE FORM SHALL EXPLAIN, BUT NOT BE LIMITED  TO,  ALL  OF  THE
 FOLLOWING:
   (A) THE BENEFITS AND RISKS ASSOCIATED WITH MAKING CONTRIBUTIONS TO THE
 PROGRAM;
   (B) THE MECHANICS OF HOW TO MAKE CONTRIBUTIONS TO THE PROGRAM;
   (C) HOW TO OPT OUT OF THE PROGRAM;
   (D)  HOW  TO  PARTICIPATE  IN  THE  PROGRAM  WITH  A LEVEL OF EMPLOYEE
 CONTRIBUTIONS OTHER THAN THREE PERCENT;
   (E) THAT THEY ARE NOT REQUIRED TO PARTICIPATE OR CONTRIBUTE MORE  THAN
 THREE PERCENT;
   (F) THAT THEY CAN OPT OUT AFTER THEY HAVE ENROLLED;
   (G) THE PROCESS FOR WITHDRAWAL OF RETIREMENT SAVINGS;
   (H)  THE  PROCESS  FOR  SELECTING  BENEFICIARIES  OF  THEIR RETIREMENT
 SAVINGS;
   (I) HOW TO OBTAIN ADDITIONAL INFORMATION ABOUT THE PROGRAM;
   (J) THAT EMPLOYEES SEEKING FINANCIAL ADVICE SHOULD  CONTACT  FINANCIAL
 ADVISORS,  THAT PARTICIPATING EMPLOYERS ARE NOT IN A POSITION TO PROVIDE
 FINANCIAL ADVICE, AND THAT PARTICIPATING EMPLOYERS ARE  NOT  LIABLE  FOR
 DECISIONS EMPLOYEES MAKE PURSUANT TO THIS ARTICLE;
   (K)  INFORMATION  ON  HOW  TO  ACCESS  ANY FINANCIAL LITERACY PROGRAMS
 IMPLEMENTED BY THE COMPTROLLER;
   (L) THAT THE PROGRAM IS NOT AN EMPLOYER-SPONSORED RETIREMENT PLAN; AND
   (M) THAT THE PROGRAM FUND IS NOT GUARANTEED BY THE STATE.
   4. THE EMPLOYEE INFORMATION PACKET SHALL ALSO INCLUDE A  FORM  FOR  AN
 EMPLOYEE  TO NOTE HIS OR HER DECISION TO OPT OUT OF PARTICIPATION IN THE
 PROGRAM OR ELECT TO PARTICIPATE WITH A LEVEL OF  EMPLOYEE  CONTRIBUTIONS
 OTHER THAN THREE PERCENT.
   5. PARTICIPATING EMPLOYERS SHALL SUPPLY THE EMPLOYEE INFORMATION PACK-
 ET  TO  EXISTING EMPLOYEES AT LEAST ONE MONTH PRIOR TO THE PARTICIPATING
 EMPLOYERS' LAUNCH OF THE PROGRAM. PARTICIPATING EMPLOYERS  SHALL  SUPPLY
 THE  EMPLOYEE INFORMATION PACKET TO NEW EMPLOYEES AT THE TIME OF HIRING,
 AND NEW EMPLOYEES MAY OPT OUT OF PARTICIPATION IN THE PROGRAM  OR  ELECT
 TO  PARTICIPATE  WITH A LEVEL OF EMPLOYEE CONTRIBUTIONS OTHER THAN THREE
 PERCENT AT THAT TIME.
   § 580. PROGRAM IMPLEMENTATION  AND  ENROLLMENT.  EXCEPT  AS  OTHERWISE
 PROVIDED  IN THIS ARTICLE, THE PROGRAM SHALL BE IMPLEMENTED, AND ENROLL-
 MENT OF EMPLOYEES SHALL  BEGIN,  WITHIN  TWENTY-FOUR  MONTHS  AFTER  THE
 EFFECTIVE  DATE OF THIS ARTICLE. THE PROVISIONS OF THIS SECTION SHALL BE
 IN FORCE AFTER THE BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   1. EACH PARTICIPATING EMPLOYER MAY ESTABLISH A PAYROLL DEPOSIT RETIRE-
 MENT SAVINGS ARRANGEMENT TO ALLOW EACH EMPLOYEE TO  PARTICIPATE  IN  THE
 PROGRAM  AND  BEGIN  EMPLOYEE  ENROLLMENT  AT MOST NINE MONTHS AFTER THE
 BOARD OPENS THE PROGRAM FOR ENROLLMENT.
   2. ENROLLEES SHALL HAVE THE ABILITY TO  SELECT  A  CONTRIBUTION  LEVEL
 INTO  THE  FUND. THIS LEVEL MAY BE EXPRESSED AS A PERCENTAGE OF WAGES OR
 AS A DOLLAR AMOUNT UP TO THE DEDUCTIBLE AMOUNT FOR THE ENROLLEE'S  TAXA-
 BLE YEAR UNDER SECTION 219(B)(1)(A) OF THE INTERNAL REVENUE CODE. ENROL-
 LEES  MAY  CHANGE THEIR CONTRIBUTION LEVEL AT ANY TIME, SUBJECT TO RULES
 PROMULGATED BY THE BOARD. IF AN ENROLLEE FAILS TO SELECT A  CONTRIBUTION
 LEVEL  USING  THE  FORM  DESCRIBED IN THIS ARTICLE, THEN HE OR SHE SHALL
 CONTRIBUTE THREE PERCENT OF HIS OR HER WAGES TO  THE  PROGRAM,  PROVIDED
 THAT  SUCH  CONTRIBUTIONS  SHALL NOT CAUSE THE ENROLLEE'S TOTAL CONTRIB-
 UTIONS TO IRAS FOR THE YEAR TO EXCEED  THE  DEDUCTIBLE  AMOUNT  FOR  THE

 A. 4982--B                          8

 ENROLLEE'S  TAXABLE  YEAR  UNDER  SECTION  219(B)(1)(A)  OF THE INTERNAL
 REVENUE CODE. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  ANY  PARTIC-
 IPATING  ENROLLEE,  WHOSE  EMPLOYER FAILS TO MAKE EMPLOYEE DEDUCTIONS IN
 ACCORDANCE  WITH  THE  PROVISIONS IN SECTION ONE HUNDRED NINETY-THREE OF
 THE LABOR LAW, MAY BRING AN ACTION,  PURSUANT  TO  SECTION  ONE  HUNDRED
 NINETY-EIGHT  OF  THE  LABOR  LAW,  TO RECOVER SUCH MONIES. FURTHER, ANY
 PARTICIPATING EMPLOYER, WHO FAILS TO MAKE EMPLOYEE DEDUCTIONS IN ACCORD-
 ANCE WITH THE PROVISIONS IN SECTION  ONE  HUNDRED  NINETY-THREE  OF  THE
 LABOR  LAW,  SHALL BE SUBJECT TO THE PENALTIES AND FINES PROVIDED FOR IN
 SECTION ONE HUNDRED NINETY-EIGHT-A OF THE LABOR LAW.
   3. ENROLLEES MAY  SELECT  AN  INVESTMENT  OPTION  FROM  THE  PERMITTED
 INVESTMENT  OPTIONS  LISTED  IN THIS ARTICLE. ENROLLEES MAY CHANGE THEIR
 INVESTMENT OPTION AT ANY TIME,  SUBJECT  TO  RULES  PROMULGATED  BY  THE
 BOARD.  IN  THE  EVENT  THAT  AN  ENROLLEE FAILS TO SELECT AN INVESTMENT
 OPTION, THAT ENROLLEE SHALL BE PLACED IN THE INVESTMENT OPTION  SELECTED
 BY  THE  BOARD  AS  THE DEFAULT UNDER THIS ARTICLE. IF THE BOARD HAS NOT
 SELECTED A DEFAULT INVESTMENT OPTION UNDER THIS ARTICLE, THEN AN  ENROL-
 LEE  WHO  FAILS  TO  SELECT  AN INVESTMENT OPTION SHALL BE PLACED IN THE
 LIFE-CYCLE FUND INVESTMENT OPTION.
   4. FOLLOWING INITIAL IMPLEMENTATION OF THE PROGRAM  PURSUANT  TO  THIS
 SECTION,  AT LEAST ONCE EVERY YEAR, PARTICIPATING EMPLOYERS SHALL DESIG-
 NATE AN OPEN ENROLLMENT PERIOD DURING  WHICH  EMPLOYEES  WHO  PREVIOUSLY
 OPTED OUT OF THE PROGRAM MAY ENROLL IN THE PROGRAM.
   5.  AN  EMPLOYEE WHO OPTS OUT OF THE PROGRAM WHO SUBSEQUENTLY WANTS TO
 PARTICIPATE THROUGH THE PARTICIPATING EMPLOYER'S PAYROLL DEPOSIT RETIRE-
 MENT SAVINGS  ARRANGEMENT  MAY  ONLY  ENROLL  DURING  THE  PARTICIPATING
 EMPLOYER'S  DESIGNATED  OPEN  ENROLLMENT  PERIOD  OR IF PERMITTED BY THE
 PARTICIPATING EMPLOYER AT AN EARLIER TIME.
   6. EMPLOYERS SHALL RETAIN THE OPTION AT ALL TIMES TO SET UP  ANY  TYPE
 OF EMPLOYER-SPONSORED RETIREMENT PLAN INSTEAD OF HAVING A PAYROLL DEPOS-
 IT RETIREMENT SAVINGS ARRANGEMENT TO ALLOW EMPLOYEE PARTICIPATION IN THE
 PROGRAM.
   7.  AN  ENROLLEE MAY TERMINATE HIS OR HER PARTICIPATION IN THE PROGRAM
 AT ANY TIME IN A MANNER PRESCRIBED BY THE BOARD.
   8. (A) THE STATE COMPTROLLER SHALL ESTABLISH A WEBSITE  REGARDING  THE
 SECURE  CHOICE  SAVINGS  PROGRAM  WHICH  SHALL BE ACCESSIBLE THROUGH THE
 STATE COMPTROLLER'S OWN WEBSITE.
   (B) THE BOARD SHALL, IN CONJUNCTION WITH THE OFFICE OF THE STATE COMP-
 TROLLER, ESTABLISH AND MAINTAIN A SECURE WEBSITE WHEREIN  ENROLLEES  MAY
 LOG  IN  AND  ACQUIRE INFORMATION REGARDING CONTRIBUTIONS AND INVESTMENT
 INCOME ALLOCATED TO, WITHDRAWALS FROM, AND  BALANCES  IN  THEIR  PROGRAM
 ACCOUNTS FOR THE REPORTING PERIOD. SUCH WEBSITE MUST ALSO INCLUDE INFOR-
 MATION  FOR  THE  ENROLLEES  REGARDING  OTHER  OPTIONS  AVAILABLE TO THE
 EMPLOYEE AND HOW THEY CAN TRANSFER  THEIR  ACCOUNTS  TO  OTHER  PROGRAMS
 SHOULD  THEY  WISH TO DO SO. SUCH WEBSITE MAY INCLUDE ANY OTHER INFORMA-
 TION REGARDING THE PROGRAM AS THE BOARD MAY DETERMINE.
   § 581. PAYMENTS. EMPLOYEE CONTRIBUTIONS DEDUCTED BY THE  PARTICIPATING
 EMPLOYER  THROUGH  PAYROLL  DEDUCTION SHALL BE PAID BY THE PARTICIPATING
 EMPLOYER TO THE FUND  USING  ONE  OR  MORE  PAYROLL  DEPOSIT  RETIREMENT
 SAVINGS  ARRANGEMENTS  ESTABLISHED  BY  THE  BOARD  UNDER  THIS ARTICLE,
 EITHER:
   1. ON OR BEFORE THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH
 THE COMPENSATION OTHERWISE WOULD HAVE BEEN PAYABLE TO  THE  EMPLOYEE  IN
 CASH; OR
   2.  BEFORE SUCH LATER DEADLINE PRESCRIBED BY THE BOARD FOR MAKING SUCH
 PAYMENTS, BUT NOT LATER THAN  THE  DUE  DATE  FOR  THE  DEPOSIT  OF  TAX

 A. 4982--B                          9
 
 REQUIRED  TO  BE  DEDUCTED AND WITHHELD RELATING TO COLLECTION OF INCOME
 TAX AT SOURCE ON WAGES OR FOR THE DEPOSIT OF TAX  REQUIRED  TO  BE  PAID
 UNDER  THE UNEMPLOYMENT INSURANCE SYSTEM FOR THE PAYROLL PERIOD TO WHICH
 SUCH PAYMENTS RELATE.
   §  582.  DUTY  AND  LIABILITY OF THE STATE. 1. THE STATE SHALL HAVE NO
 DUTY OR LIABILITY TO ANY PARTY FOR THE PAYMENT OF ANY RETIREMENT SAVINGS
 BENEFITS ACCRUED BY  ANY  ENROLLEE  UNDER  THE  PROGRAM.  ANY  FINANCIAL
 LIABILITY  FOR  THE  PAYMENT OF RETIREMENT SAVINGS BENEFITS IN EXCESS OF
 FUNDS AVAILABLE UNDER THE PROGRAM SHALL BE BORNE SOLELY BY THE  ENTITIES
 WITH  WHOM THE BOARD CONTRACTS TO PROVIDE INSURANCE TO PROTECT THE VALUE
 OF THE PROGRAM.
   2. NO STATE BOARD, COMMISSION, OR AGENCY, OR ANY OFFICER, EMPLOYEE, OR
 MEMBER THEREOF IS LIABLE FOR  ANY  LOSS  OR  DEFICIENCY  RESULTING  FROM
 PARTICULAR  INVESTMENTS  SELECTED  UNDER  THIS  ARTICLE,  EXCEPT FOR ANY
 LIABILITY THAT ARISES OUT OF A BREACH OF FIDUCIARY DUTY.
   § 583. DUTY AND LIABILITY OF PARTICIPATING EMPLOYERS. 1.   PARTICIPAT-
 ING EMPLOYERS SHALL NOT HAVE ANY LIABILITY FOR AN EMPLOYEE'S DECISION TO
 PARTICIPATE  IN,  OR OPT OUT OF, THE PROGRAM OR FOR THE INVESTMENT DECI-
 SIONS OF THE BOARD OR OF ANY ENROLLEE.
   2. A PARTICIPATING EMPLOYER SHALL NOT BE A FIDUCIARY, OR CONSIDERED TO
 BE A FIDUCIARY, OVER THE PROGRAM. A  PARTICIPATING  EMPLOYER  SHALL  NOT
 BEAR  RESPONSIBILITY  FOR  THE ADMINISTRATION, INVESTMENT, OR INVESTMENT
 PERFORMANCE OF THE PROGRAM. A PARTICIPATING EMPLOYER SHALL NOT BE LIABLE
 WITH REGARD TO INVESTMENT RETURNS, PROGRAM DESIGN, AND BENEFITS PAID  TO
 PROGRAM PARTICIPANTS.
   § 584. AUDIT AND REPORTS. 1. THE BOARD SHALL ANNUALLY SUBMIT:
   (A) AN AUDITED FINANCIAL REPORT, PREPARED IN ACCORDANCE WITH GENERALLY
 ACCEPTED  ACCOUNTING PRINCIPLES, ON THE OPERATIONS OF THE PROGRAM DURING
 EACH CALENDAR YEAR BY JULY FIRST OF THE FOLLOWING YEAR TO THE  GOVERNOR,
 THE COMPTROLLER, THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE SENATE
 AND ASSEMBLY; AND
   (B)  A  REPORT  PREPARED BY THE BOARD, WHICH SHALL INCLUDE, BUT IS NOT
 LIMITED TO, A SUMMARY OF THE BENEFITS PROVIDED BY THE PROGRAM, INCLUDING
 THE NUMBER OF ENROLLEES IN THE PROGRAM, THE PERCENTAGE  AND  AMOUNTS  OF
 INVESTMENT  OPTIONS AND RATES OF RETURN, AND SUCH OTHER INFORMATION THAT
 IS RELEVANT TO MAKE A FULL, FAIR, AND EFFECTIVE DISCLOSURE OF THE  OPER-
 ATIONS OF THE PROGRAM AND THE FUND. THE ANNUAL AUDIT SHALL BE MADE BY AN
 INDEPENDENT  CERTIFIED  PUBLIC  ACCOUNTANT AND SHALL INCLUDE, BUT IS NOT
 LIMITED TO, DIRECT AND INDIRECT COSTS ATTRIBUTABLE TO THE USE OF OUTSIDE
 CONSULTANTS, INDEPENDENT CONTRACTORS, AND ANY OTHER PERSONS WHO ARE  NOT
 STATE EMPLOYEES FOR THE ADMINISTRATION OF THE PROGRAM.
   2. IN ADDITION TO ANY OTHER STATEMENTS OR REPORTS REQUIRED BY LAW, THE
 BOARD  SHALL  PROVIDE  PERIODIC  REPORTS AT LEAST ANNUALLY TO ENROLLEES,
 REPORTING CONTRIBUTIONS AND INVESTMENT INCOME ALLOCATED TO,  WITHDRAWALS
 FROM,  AND  BALANCES IN THEIR PROGRAM ACCOUNTS FOR THE REPORTING PERIOD.
 SUCH REPORTS MAY INCLUDE ANY OTHER INFORMATION REGARDING THE PROGRAM  AS
 THE BOARD MAY DETERMINE.
   §  585.  DELAYED IMPLEMENTATION. IF THE BOARD DOES NOT OBTAIN ADEQUATE
 FUNDS TO IMPLEMENT THE PROGRAM WITHIN THE TIME  FRAME  SET  FORTH  UNDER
 THIS  ARTICLE  AND  IS SUBJECT TO APPROPRIATION, THE BOARD MAY DELAY THE
 IMPLEMENTATION OF THE PROGRAM.
   § 3. The state finance law is amended by adding two new sections 99-bb
 and 99-cc to read as follows:
   § 99-BB. NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND. 1.   THERE
 IS  HEREBY  ESTABLISHED  WITHIN THE JOINT CUSTODY OF THE COMMISSIONER OF
 TAXATION AND FINANCE AND THE STATE COMPTROLLER IN CONSULTATION WITH  THE

 A. 4982--B                         10
 
 NEW  YORK  STATE  SECURE  CHOICE SAVINGS PROGRAM BOARD, A NEW FUND TO BE
 KNOWN AS THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM FUND.
   2. THE FUND SHALL INCLUDE THE INDIVIDUAL RETIREMENT ACCOUNTS OF ENROL-
 LEES, WHICH SHALL BE ACCOUNTED FOR AS INDIVIDUAL ACCOUNTS.
   3.  MONEYS IN THE FUND SHALL CONSIST OF MONEYS RECEIVED FROM ENROLLEES
 AND PARTICIPATING EMPLOYERS PURSUANT TO AUTOMATIC PAYROLL DEDUCTIONS AND
 CONTRIBUTIONS TO SAVINGS MADE UNDER THE NEW  YORK  STATE  SECURE  CHOICE
 SAVINGS  PROGRAM  PURSUANT  TO  ARTICLE FOURTEEN-C OF THE RETIREMENT AND
 SOCIAL SECURITY LAW.
   4. THE FUND SHALL BE OPERATED IN A MANNER DETERMINED BY THE  NEW  YORK
 STATE  SECURE  CHOICE  SAVINGS  PROGRAM BOARD, PROVIDED THAT THE FUND IS
 OPERATED SO THAT THE ACCOUNTS OF ENROLLEES ESTABLISHED UNDER THE PROGRAM
 MEET THE REQUIREMENTS FOR IRAS UNDER THE INTERNAL REVENUE CODE.
   5. THE AMOUNTS DEPOSITED IN THE FUND SHALL NOT CONSTITUTE PROPERTY  OF
 THE STATE AND THE FUND SHALL NOT BE CONSTRUED TO BE A DEPARTMENT, INSTI-
 TUTION, OR AGENCY OF THE STATE. AMOUNTS ON DEPOSIT IN THE FUND SHALL NOT
 BE  COMMINGLED  WITH STATE FUNDS AND THE STATE SHALL HAVE NO CLAIM TO OR
 AGAINST, OR INTEREST IN, SUCH FUNDS.
   § 99-CC. NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND. 1.    THERE
 IS  HEREBY  ESTABLISHED  WITHIN THE JOINT CUSTODY OF THE COMMISSIONER OF
 TAXATION AND FINANCE AND THE STATE COMPTROLLER IN CONSULTATION WITH  THE
 NEW  YORK  STATE  SECURE  CHOICE SAVINGS PROGRAM BOARD, A NEW FUND TO BE
 KNOWN AS THE NEW YORK STATE SECURE CHOICE ADMINISTRATIVE FUND.
   2. THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM  BOARD  SHALL  USE
 MONEYS  IN THE ADMINISTRATIVE FUND TO PAY FOR ADMINISTRATIVE EXPENSES IT
 INCURS IN THE PERFORMANCE OF ITS DUTIES UNDER THE NEW YORK STATE  SECURE
 CHOICE  SAVINGS PROGRAM PURSUANT TO ARTICLE FOURTEEN-C OF THE RETIREMENT
 AND SOCIAL SECURITY LAW.
   3. THE NEW YORK STATE SECURE CHOICE SAVINGS PROGRAM  BOARD  SHALL  USE
 MONEYS  IN  THE  ADMINISTRATIVE  FUND  TO  COVER START-UP ADMINISTRATIVE
 EXPENSES IT INCURS IN THE PERFORMANCE OF ITS DUTIES UNDER ARTICLE  FOUR-
 TEEN-C OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   4.  THE  ADMINISTRATIVE  FUND  MAY  RECEIVE ANY GRANTS OR OTHER MONEYS
 DESIGNATED FOR ADMINISTRATIVE PURPOSES FROM THE STATE, OR  ANY  UNIT  OF
 FEDERAL  OR LOCAL GOVERNMENT, OR ANY OTHER PERSON, FIRM, PARTNERSHIP, OR
 CORPORATION. ANY INTEREST EARNINGS THAT ARE ATTRIBUTABLE  TO  MONEYS  IN
 THE ADMINISTRATIVE FUND MUST BE DEPOSITED INTO THE ADMINISTRATIVE FUND.
   § 4. This act shall take effect immediately.