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BILL NUMBER:S4256

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to the composition of the board of trustees of the New York city employees' retirement system

PURPOSE: Makes president of COBA a member of the Board of Trustees of the NYCERS.

SUMMARY OF PROVISIONS: Paragraph 5 of subdivision b of section 13-103 of the administrative code is amended to expand the membership of the NYCERS Board. At present, employer representatives may cast four votes, while employee representatives may cast three votes.

JUSTIFICATION: Correction Officers are uniformed employees. They are also the largest group of uniformed employees in NYCERS. The three unions currently represented in the Board cover non-uniformed employees. Given that by definition, the concerns of uniformed employees differ from those of non-uniformed employees, the interest of members of COBA would be better served if there were to be a representative of uniformed employees on the Board.

At present, the three unions represented on the NYCERS Board are DC 37, the TWO and Teamsters Local 237. If this bill were to be enacted, COBA would be represented on the Board as well.

LEGISLATIVE HISTORY: S.1956 of 2005-06 - 3rd Reading Calendar S.2872 of 2007-08 - Referred to Civil Service and Pensions

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

4256

2011-2012 Regular Sessions

IN SENATE

March 25, 2011
___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the composition of the board of trustees of the New York
  city employees' retirement system

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

  Section  1.  Paragraph  5  of  subdivision  b of section 13-103 of the
administrative code of the city of  New  York  is  amended  to  read  as
follows:
  5.  (a) [Three] FOUR employee representatives, who shall each be enti-
tled to cast one vote. The  chief  executive  officer  of  each  of  the
[three]  FOUR  employee organizations designated as [herein] provided IN
THIS SUBDIVISION shall be one of such representatives.
  (b) On or before July first of the year  in  which  this  subparagraph
shall take effect, the director of labor relations of the city (or other
officer  performing  the  same or similar functions under another title)
shall, by instrument in writing filed in his or her office and with  the
board,  designate  (I) the three employee organizations which represent,
for the purposes of collective bargaining on pension matters, the  larg-
est  number  of  employees who are members of the retirement system, AND
(II) THE EMPLOYEE ORGANIZATION WHICH REPRESENTS,  FOR  THE  PURPOSES  OF
COLLECTIVE   BARGAINING  ON  PENSION  MATTERS,  THE  LARGEST  NUMBER  OF
UNIFORMED EMPLOYEES WHO ARE  MEMBERS  OF  THE  RETIREMENT  SYSTEM.  Such
designation  shall  be reviewed annually by such director or other offi-
cer, and if such review discloses  a  change  in  the  standing  of  the
employee  organizations  concerned,  such designation shall thereupon be
revised by him or her to specify the  [three]  FOUR  such  organizations
having  the  leading representational status as [hereinabove] prescribed
IN THIS SUBPARAGRAPH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10368-01-1
S. 4256                             2

  (c) Any such employee representative  may,  by  written  authorization
filed  with the board, designate one or more persons to act in the place
of such member on such board in the event of the absence of such member,
provided, however, that the by-laws or constitution of the  organization
of  which  he  or  she  is chief executive officer authorize such desig-
nation.
  (d) Each act of such board shall be by  a  resolution  adopted  by  at
least  [three]  FOUR and [three-fifths] ONE-FIFTH votes. The concurrence
of one  employee  representative  and  one  non-employee  representative
member  or members entitled to one vote shall be necessary for an act of
such board. A quorum of such board shall consist of members entitled  to
cast at least [three] FOUR and [three-fifths] ONE-FIFTH votes.
  S 2. This act shall take effect immediately.