NY State Senate Bill 2017-S7934

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2018	recommit, enacting clause stricken
Mar 12, 2018	referred to civil service and pensions

2017-S7934 (ACTIVE) - Details

Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §645, R & SS L; amd §13-146, NYC Ad Cd

2017-S7934 (ACTIVE) - Summary

Relates to the termination of membership in public retirement systems; provides that no public retirement system shall require a member to automatically withdraw from the public retirement system due to an insufficient number of years spent as a member of such retirement system.

2017-S7934 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7934             REVISED MEMO 03/12/2018

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the retirement and social security law
and the administrative code of the city of New York, in relation to the
termination of membership in public retirement systems

 
PURPOSE:

Prohibits a public retirement system from requiring a member to automat-
ically withdraw from the system due to failure to work for a sufficient
number of years.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Retirement and Social Security Law to prohibit a
pension system from automatically requiring withdrawal from the system
due to a member's failure to spend an insufficient number of years as a
member.

Section 2 amends the Administrative Code of the City of New York to

repeal sections of law providing that members of the New York City
Employees Retirement System shall automatically withdraw from the
pension system due to failure to spend a sufficient number of years as a
member.

Section 3 provides for the effect date.

 
EXISTING LAW:

 
JUSTIFICATION:

Current law requires members of the New York City Employees Retirement
System to automatically withdraw their membership in the pension system
if they work for no more than five years, and do not return to city
service within five years after that date.

This legislation would prohibit any pension system, with particular
attention paid to NYCERS, from maintaining a policy of automatic with-
drawal due to a failure to spend a sufficient number of years as a
member. This law disincentivizes individual from returning to city
service, thus hurting the recruitment efforts of New York City in its
process to fill vacant slots and address workforce turnover. The current
provision may also violate the spirit of the New York State Constitution
by limiting the rights of a pension member to retain service credit in
the case of reemployment after the five year window.

 
LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

Minimal. Affected state employees have accrued sick leave pursuant to
their health benefit plan, and the accrual of those benefits should be
included as part of the annual OTPS appropriation for an individual
agency. The loss of this accrual is essentially a future unplanned
surplus for the state. As a result, there should be little new costs to
the state for allowing a limited number of public employees affected by
this scenario to maintain their sick leave bank to be applied to their
retiree health care cost.
 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2017-S7934 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7934
 
                             I N  S E N A T E
 
                              March 12, 2018
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the retirement and social security law and the  adminis-
   trative  code  of the city of New York, in relation to the termination
   of membership in public retirement systems

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 4 of section 645 of the retirement and social
 security law, as renumbered by chapter 646  of  the  laws  of  1999,  is
 renumbered  subdivision  5  and  a new subdivision 4 is added to read as
 follows:
   4. NO PUBLIC RETIREMENT SYSTEM SHALL REQUIRE A MEMBER TO AUTOMATICALLY
 WITHDRAW FROM THE PUBLIC RETIREMENT SYSTEM DUE TO AN INSUFFICIENT NUMBER
 OF YEARS SPENT AS A MEMBER OF SUCH RETIREMENT SYSTEM.
   § 2. Section 13-146 of the administrative code of the city of New York
 is amended to read as follows:
   § 13-146 Termination of membership; miscellaneous. Membership  in  the
 retirement  system  shall  cease  upon  the occurrence of any one of the
 following conditions:
   1. [When the time out of city-service, other than time on a  preferred
 civil  service list or other than time in the armed forces of the United
 States in world war II of any member who has resigned or has been  sepa-
 rated  from  the service through no fault of his or her own, and who has
 total service of less than twenty-five years, shall aggregate more  than
 five years in any period not exceeding ten consecutive years since he or
 she last became a member.
   2. When the time out of city-service of any member, other than time on
 a preferred civil service list or other than time in the armed forces of
 the  United  States  in world war II, who has resigned or has been sepa-
 rated from the service through no fault of his or her own before  reach-
 ing  the  age  of  retirement,  and who has total service of twenty-five
 years, or more, shall aggregate more than ten years.
   3.] When any member shall have withdrawn more than fifty per centum of
 his or her accumulated deductions.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15081-01-8

 S. 7934                             2
 
   [4.] 2. When any member shall have withdrawn the cash benefit provided
 by section 13-150 of this chapter.
   [5.] 3. When any member shall die.
   [6.] 4. When any member shall be retired on a pension.
   [7.  The  provisions  of subdivisions one and two of this section with
 respect to time spent in the armed forces of the United States in  world
 war II shall not apply to county employees.]
   § 3. This act shall take effect immediately.

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Senate Bill S7934

Sponsored By

Archive: Last Bill Status - Stricken

2017-S7934 (ACTIVE) - Details

2017-S7934 (ACTIVE) - Summary

2017-S7934 (ACTIVE) - Sponsor Memo

2017-S7934 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7934

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Sponsored By

Brian Benjamin

Archive: Last Bill Status - Stricken

2017-S7934 (ACTIVE) - Details

2017-S7934 (ACTIVE) - Summary

2017-S7934 (ACTIVE) - Sponsor Memo

2017-S7934 (ACTIVE) - Bill Text download pdf

Comments