Provides for the annual reimbursement to licensed not-for-profit corporations which provide direct care to consumers approved for service 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.
S T A T E O F N E W Y O R K
________________________________________________________________________
7498
2025-2026 Regular Sessions
I N A S S E M B L Y
March 28, 2025
___________
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.
LBD10721-01-5
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