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

                                  2763

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Governmental Employees

AN ACT to revive causes of action for the relief provided by section 803
  of the retirement and social security law for members  who  previously
  took  all steps necessary to obtain relief under such section but were
  denied such relief

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

  Section  1. Legislative findings and declaration of intent. The legis-
lature finds that for many members  of  public  retirement  systems  who
qualified  for  retroactive  membership  pursuant  to section 803 of the
retirement and social security law but who were nonetheless denied  such
retroactive  membership  by their employers, the time to bring a lawsuit
to obtain the relief provided for by such section has  expired.  Accord-
ingly, the legislature declares the need for remedial legislation in the
form  of  this  act,  to revive the period within which a lawsuit may be
commenced by members who previously qualified under such section but who
were nonetheless denied the benefits thereunder.
  S 2. Notwithstanding any other provision  of  law,  any  member  of  a
public  retirement system who previously took all of the steps necessary
to qualify for retroactive membership under section 803 of  the  retire-
ment  and  social  security law within the time required by such section
but who nevertheless was  denied  such  retroactive  membership  by  the
appropriate  employer  and  who  failed  to  bring an action against the
appropriate employer for such cause within the time allowed by  law,  or
whose  action  was  dismissed without prejudice to the commencement of a
new action or whose action was not decided  upon  the  merits  but  with
respect  to  which  the  time  to bring such new action has expired, may
bring such action or new action as authorized  by  this  act.  All  such
causes  of  action  are hereby revived, provided, however, that all such
actions or new actions shall be commenced on or before June 30, 2016.
  S 3. This act shall take effect immediately.

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

                                                           LBD07256-01-5