S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4643
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to retirement  bene-
   fits for certain direct care workers employed by not-for-profit office
   for people with developmental disabilities providers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 41.60 to read as follows:
 § 41.60 ADDITIONAL EXPENDITURES RELATED TO RETIREMENT BENEFITS.
   THE  OFFICE  FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL ANNUALLY
 REIMBURSE LICENSED NOT-FOR-PROFIT  CORPORATIONS,  WHICH  PROVIDE  DIRECT
 CARE  TO  CONSUMERS  OF  SERVICES APPROVED BY THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL DISABILITIES, FOR THE COST OF EMPLOYER CONTRIBUTIONS TO  A
 RETIREMENT  BENEFIT  FUND  GOVERNED  BY  THE  PROVISIONS  OF THE FEDERAL
 EMPLOYEE RETIREMENT INCOME  SECURITY  ACT  OF  1974,  AS  AMENDED.  SUCH
 REIMBURSEMENT  SHALL  COMMENCE ON THE FIRST DAY OF APRIL OF THE CALENDAR
 YEAR FOLLOWING THE SUBMISSION BY SUCH CORPORATION OF THE FEDERAL  INTER-
 NAL  REVENUE  SERVICE  FORM  5500  WHICH  DOCUMENTS  THAT  SUCH EMPLOYER
 CONTRIBUTIONS WERE MADE. ANY SUCH CORPORATION MAY APPLY  TO  THE  OFFICE
 FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES FOR EXPEDITED REIMBURSEMENT
 OF SUCH EMPLOYER CONTRIBUTIONS UPON DEMONSTRATING TO  SUCH  OFFICE  THAT
 SUCH  PAYMENTS  MUST  BE  MADE PROMPTLY, AND THAT THE CORPORATION CANNOT
 REASONABLY MAKE PROMPT PAYMENT. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES SHALL NOT REIMBURSE ANY AMOUNT WHICH EXCEEDS TEN PERCENT OF
 THE EMPLOYER'S TOTAL PAYROLL ON DECEMBER THIRTY-FIRST  OF  ANY  YEAR  IN
 WHICH CONTRIBUTIONS ARE MADE.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09421-01-3