S T A T E O F N E W Y O R K
________________________________________________________________________
4547
2023-2024 Regular Sessions
I N A S S E M B L Y
February 16, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend part M of chapter 57 of the laws of 2005, amending the
education law relating to providing for school budget revote, in
relation to a special apportionment for public pension accruals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 10 of part M of chapter 57 of the
laws of 2005, amending the education law relating to providing for
school budget revote, is amended to read as follows:
a. Notwithstanding any other provision of law, (1) upon application
to the commissioner of education, not later than June 30, 2005, a school
district eligible for an apportionment pursuant to section 3602 of the
education law shall be eligible to receive an apportionment pursuant to
this section, for the school year ending June 30, 2005, and such appor-
tionment shall not exceed the additional accruals required to be made by
school districts in the 2004-2005 school year associated with changes in
accounting methodologies for liabilities for employer and employee
contributions due and payable to a public retirement system, and (2)
upon application to the commissioner of education, not later than June
30, 2006, a school district eligible for an apportionment pursuant to
section 3602 of the education law shall be eligible to receive an appor-
tionment pursuant to this section, for the school year ending June 30,
2006, and such apportionment shall not exceed the additional accruals
required to be made by school districts in the 2004-05 or 2005-06
school years associated with changes in accounting methodologies for
such public pension liabilities AND/OR (3) FOR SCHOOL DISTRICTS WITH A
POPULATION IN EXCESS OF ONE HUNDRED NINETY-FIVE THOUSAND INHABITANTS AND
LESS THAN TWO HUNDRED NINETEEN THOUSAND INHABITANTS ACCORDING TO THE
LATEST FEDERAL CENSUS, UPON APPLICATION TO THE COMMISSIONER OF EDUCA-
TION, NOT LATER THAN JUNE 30, 2023, A SCHOOL DISTRICT ELIGIBLE FOR AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09560-01-3
A. 4547 2
APPORTIONMENT PURSUANT TO SECTION 3602 OF THE EDUCATION LAW SHALL BE
ELIGIBLE TO RECEIVE AN APPORTIONMENT PURSUANT TO THIS SECTION, FOR THE
SCHOOL YEAR ENDING JUNE 30, 2023, AND SUCH APPORTIONMENT SHALL NOT
EXCEED THE ADDITIONAL ACCRUALS REQUIRED TO BE MADE BY SUCH DISTRICT IN
BOTH THE 2021-2022 AND 2022-2023 SCHOOL YEARS ASSOCIATED WITH CHANGES IN
PUBLIC PENSION LIABILITIES. The amount of such additional accrual shall
be certified to the commissioner of education by the president of the
board of education or the trustees or, in the case of a city school
district in a city with a population in excess of one hundred twenty-
five thousand inhabitants, the mayor of such city. Such application
shall be made by a school district, after the board of education or
trustees have adopted a resolution to do so and in the case of a city
school district in a city with a population in excess of one hundred
twenty-five thousand inhabitants, with the approval of the mayor of such
city.
§ 2. This act shall take effect April 1, 2023; provided that if this
act shall become a law after such date, it shall take effect immediately
and shall be deemed to have been in full force and effect on and after
such date.