assembly Bill A7776

2015-2016 Legislative Session

Relates to the continuance of retirement allowance upon election to public office by members of the New York fire department pension fund

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Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to governmental employees
May 27, 2015 referred to governmental employees

A7776 - Bill Details

See Senate Version of this Bill:
S5361
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §13-341.1, NYC Ad Cd
Versions Introduced in 2013-2014 Legislative Session:
S5548

A7776 - Bill Texts

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Relates to the continuance of retirement allowance upon election to public office by members of the New York fire department pension fund.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7776

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2015
                               ___________

Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
  ER  -- read once and referred to the Committee on Governmental Employ-
  ees

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the continuance of retirement allowance upon election to
  public office by members of the New York fire department pension fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 13-341.1 to read as follows:
  S 13-341.1 CONTINUANCE OF RETIREMENT ALLOWANCE UPON ELECTION TO PUBLIC
OFFICE. NOTWITHSTANDING THE PROVISIONS OF ANY  GENERAL,  SPECIAL,  LOCAL
LAW, NEW YORK CITY CHARTER, NEW YORK CITY ADMINISTRATIVE CODE OR RULE OR
REGULATION  TO  THE  CONTRARY,  THE PAYMENT OF ANY PENSION FROM THE FIRE
DEPARTMENT PENSION FUND, SUBCHAPTER ONE OF THIS CHAPTER,  SHALL  NOT  BE
REVOKED,  REPEALED  OR  DIMINISHED BY REASON OF THE PENSIONER HOLDING OR
RECEIVING ANY COMPENSATION AS THE RESULT OF HIS OR  HER  ELECTION  TO  A
PUBLIC  OFFICE  UNDER  THE  STATE OF NEW YORK, OR OF ANY CITY, COUNTY OR
OTHER POLITICAL SUBDIVISION, AGENCY OR BOARD OF THE STATE OF NEW YORK.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This proposed legislation would amend Administrative Code of the  City
of  New  York  ("ACNY")  by  adding  Section  13-341.1 to allow that the
payment of any pension from the New York Fire  Department  Pension  Fund
("FIRE")  shall  not be revoked, repealed or diminished by reason of the
pensioner holding or receiving any compensation as the result of his  or
her  election to a public office under the state of New York, or of, any
city, county or other political subdivision,  agency  or  board  of  the
state of New York.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09935-02-5

A. 7776                             2

  Note:  The provisions of this proposed legislation for retired members
of FIRE are similar to those currently in law under ACNY Section  13-250
for retired members of the New York City Police Pension Fund.
  Currently, a retired member of FIRE may have their pension limited due
to  post-retirement limitations imposed by New York City Charter Section
1117 or by Retirement and Social Security Law Sections 211 and 212. This
proposed legislation, if enacted, would remove these limitations in  the
case of elections to a public office as described in the legislation.
  The  Effective  Date  of the proposed legislation would be the date of
enactment.
  FINANCIAL IMPACT -  ACTUARIAL  PRESENT  VALUE  OF  BENEFITS,  EMPLOYER
NORMAL  COST, ACTUARIAL ACCRUED LIABILITY AND EMPLOYER CONTRIBUTIONS: As
the Actuary expects that few retired members will be  affected  by  this
legislation,  the  enactment of this proposed legislation is expected to
result in little or no change in the Actuarial Present  Value  of  Bene-
fits,  Employer  Normal  Cost,  Actuarial  Accrued Liability or employer
contributions to FIRE.
  STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet, am  a  Fellow  of
the Society of Actuaries and a Member of the American Academy of Actuar-
ies.    I  meet  the  Qualification Standards of the American Academy of
Actuaries to render the actuarial opinion contained herein.
  FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
during  the  2015  Legislative Session. It is Fiscal Note 2015-25, dated
May 6, 2015.

senate Bill S5469

2015-2016 Legislative Session

Relates to the floor area ratio of certain dwellings in New York City

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Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Jun 07, 2016 advanced to third reading
Jun 06, 2016 2nd report cal.
Jun 02, 2016 1st report cal.1354
Jan 06, 2016 referred to housing, construction and community development
May 14, 2015 referred to housing, construction and community development

S5469 - Bill Details

See Assembly Version of this Bill:
A7807
Current Committee:
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd §26, Mult Dwell L

S5469 - Bill Texts

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Relates to the floor area ratio of certain dwellings in New York City.

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BILL NUMBER:S5469

TITLE OF BILL: An act to amend the multiple dwelling law, in relation
to the floor area ratio (FAR) in the city of New York

SUMMARY OF PROVISIONS: The bill amends subdivision 3 of section 26 of
the Multiple Dwelling Law to permit the City of New York to replace
the floor area ratio (FAR) limit set forth in the Multiple Dwelling
Law with limits established in the New York City Zoning Resolution.

REASONS FOR SUPPORT: This bill would allow the City of New York,
through its zoning amendment procedure as specified in the City
Charter, and subject to environmental review, to establish appropriate
densities for the development of new or enlarged residential multiple
dwellings.

The City of New York is experiencing a severe shortage of housing at
all income levels, and on May 1, 2014, Mayor de Blasio announced an
ambitious plan to construct or preserve 200,000 units of affordable
housing over a 10-year period. The current 12.0 FAR restriction in the
Multiple Dwelling Law represents an undue constraint on the land use
decision making of the city government and its ability to enact zoning
that addresses the housing needs of its population. Sufficient
procedures exist, in the New York City Charter Uniform Land Use Review
Procedure (ULURP) and the City Environmental Quality Review (CEQR)
Procedure, to ensure that the adverse impacts, if any, of proposed
zoning changes will be duly considered, the public will have multiple
opportunities to comment upon such proposed changes, with final
authority for zoning changes resting with the New York City Council.

The City of New York should have broad flexibility to determine the
maximum FAR. for residential buildings through careful study and
review pursuant to its land use processes, including, where
appropriate, FARs in excess of the current 12.0 limitation. While the
instances in which residential FARs greater than the current 12.0
limitation will be appropriate are limited by zoning regulations,
including bulk, height and other restrictions applicable in each
zoning district, precedent for such greater density already exists.
New York City's Zoning Resolution, as authorized by Article 7B of the
Multiple Dwelling Law, permits all the floor area of obsolete
nonresidential buildings to be converted to multiple dwellings,
including floor area in excess of 12.0 FAR. The extensive experience
with this provision, over more than 30 years, indicates that multiple
dwellings in excess of 12.0 FAR, when carefully planned, and in the
right context, are appropriate and do not result in inherent land use
impacts requiring a strict prohibition by state law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5469

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. FELDER -- (at request of the NYC Department of City
  Planning) -- read twice and ordered printed, and when  printed  to  be
  committed  to  the  Committee  on  Housing, Construction and Community
  Development

AN ACT to amend the multiple dwelling law, in relation to the floor area
  ratio (FAR) in the city of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 of section 26 of the multiple dwelling law,
as amended by chapter 748 of the laws of 1961, is  amended  to  read  as
follows:
  3.  Floor  area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN THE
ZONING RESOLUTION OF THE CITY OF NEW YORK, THE floor area ratio (FAR) of
any dwelling or dwellings on a lot shall not exceed 12.0, except that  a
fireproof  class B dwelling in which six or more passenger elevators are
maintained and operated in any city having a local zoning law, ordinance
or resolution restricting districts in such city to residential use, may
be erected in accordance with the provisions of such zoning  law,  ordi-
nance  or  resolution, if such class B dwelling is erected in a district
no part of which is restricted by such zoning law, ordinance  or  resol-
ution to residential uses.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10964-01-5