Senate Bill S4638A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4638--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced by Sens. WEIK, BORRELLO, HELMING, MATTERA, PALUMBO, RHOADS --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Civil Service and  Pensions  --  recommitted  to  the
   Committee on Civil Service and Pensions in accordance with Senate Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT in relation to establishing a temporary commission to reform tier
   V and tier VI status in  the  New  York  state  and  local  employees'
   retirement  system;  and  providing  for the repeal of such provisions
   upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that the enact-
 ment  of  chapter  18  of  the laws of 2012 has caused severe employment
 recruitment and retention shortages throughout the New  York  state  and
 local  public  workforce. These shortages have caused massive reductions
 in the size of the public workforce, significant increases  in  overtime
 costs, and unacceptable delays to the citizens of the state.
   Further,  New York state and local governments also face a coming wave
 of retirements, with over one-quarter of the current workforce  eligible
 to retire in the next five years. These retirements will further exacer-
 bate worker shortages and overtime costs to unsustainable levels.
   It  is  incumbent  on the state to proactively address these near-term
 workforce management challenges to maintain acceptable levels of govern-
 ment service delivery to all New York state residents.
   § 2. Temporary state commission to reform tier V and tier VI status in
 the New York state and local employees' retirement system. 1.  A  tempo-
 rary state commission is hereby created to reform and improve tier V and
 tier  VI  status  in  the New York state and local employees' retirement
 system.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08929-02-6
 S. 4638--A                          2
              

 
   2. The commission shall consist of nine members, to  be  appointed  as
 follows: five shall be appointed by the governor; one shall be appointed
 by  the temporary president of the senate; one shall be appointed by the
 minority leader of the senate; one shall be appointed by the speaker  of
 the  assembly;  and one shall be appointed by the minority leader of the
 assembly.
   3. The commission may employ and at pleasure remove such personnel  as
 it may deem necessary for the performance of its functions and fix their
 compensation within the amounts made available therefor.
   4. The commission may meet within and without the state, shall hold at
 least three public hearings, and shall have all the powers of a legisla-
 tive committee pursuant to the legislative law.
   5.  The  members  of  the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties hereunder.
   6. To the maximum extent feasible, the commission shall be entitled to
 request and receive and shall utilize and be provided with such  facili-
 ties,  resources,  and  data  of any court, department, division, board,
 bureau, commission, or agency of the state or any political  subdivision
 thereof  as  it  may reasonably request to properly carry out its powers
 and duties hereunder.
   7. No later than one year after the effective date of  this  act,  the
 commission  shall  submit  a final report to the governor, the temporary
 president of the senate, and the speaker of the assembly containing  its
 findings,  conclusions,  and recommendations for reforming and improving
 tier V and tier VI status in the New York  state  and  local  employees'
 retirement system.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed 1 year after such date.