S T A T E O F N E W Y O R K
________________________________________________________________________
1988
2025-2026 Regular Sessions
I N S E N A T E
January 14, 2025
___________
Introduced by Sens. HARCKHAM, ROLISON -- 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, in relation to
establishing a retirement benefit review panel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 803-b to read as follows:
§ 803-B. RETIREMENT BENEFIT REVIEW PANEL. A. THE COMPTROLLER SHALL
ESTABLISH A RETIREMENT BENEFIT REVIEW PANEL CONSISTING OF AT LEAST
FIFTEEN MEMBERS, ANY THREE OF WHOM MAY SIT AS A TEAM TO REVIEW A PARTIC-
ULAR CASE. MEMBERS OF THE PANEL SHALL HAVE EXPERTISE IN THE VARIOUS
RETIREMENT SYSTEMS OF THE STATE, INCLUDING, BUT NOT LIMITED TO, MEMBER-
SHIP, SERVICE CREDIT, RETIREMENT OPTIONS AND THE TRANSFER OF RETIREMENT
SERVICE BETWEEN RETIREMENT SYSTEMS WITHIN AND WITHOUT THE STATE. TO THE
EXTENT PRACTICABLE, THE WORKLOAD OF THE PANEL SHOULD BE EVENLY DISTRIB-
UTED AMONG ITS MEMBERS. MEMBERS OF THE PANEL SHOULD BE FREE TO EXERCISE
INDEPENDENT PROFESSIONAL JUDGMENT WITHOUT PRESSURE OR RETALIATION FOR
THE EXERCISE OF THAT JUDGMENT FROM ANY SOURCE.
B. ANY MEMBER OF A RETIREMENT SYSTEM IN THIS STATE, AFTER SEEKING
RELIEF PURSUANT TO: (1) SECTION EIGHT HUNDRED THREE OF THIS ARTICLE; (2)
A HEARING; AND/OR (3) ANY OTHER PROVISION OF LAW, WHO HAS FAILED TO
OBTAIN THE RELIEF SOUGHT, MAY HAVE THEIR CASE HEARD BEFORE THE RETIRE-
MENT BENEFIT REVIEW PANEL. SUCH PANEL IS AUTHORIZED TO HEAR TESTIMONY
AND ADMIT EVIDENCE THAT SUCH PANEL DEEMS RELEVANT TO THE CASE BEFORE IT.
UPON THE HEARING OF ALL TESTIMONY AND ADMISSION OF ALL EVIDENCE, THE
PANEL SHALL MAKE ITS DETERMINATION REGARDING THE RELIEF SOUGHT. ANY
DETERMINATION MADE BY SUCH PANEL SHALL BE FINAL.
C. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04711-01-5
S. 1988 2
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.