Includes within the definition of government service, service rendered under the direction and control of the officers or directors of a public benefit corporation, local public authority or municipality where the service involved was performed at the request of such public benefit corporation, local public authority or municipality on or after April 1, 1990.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to government service
PURPOSE OR GENERAL IDEA OF BILL: This bill is intended to protect the pension benefits of Industrial Development Agency (IDA) employees who provided services to Local Development Corporations (LDCs).
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new paragraph to subdivision 11 of section 2 of the retirement and social security law. This section adds language to protect pension benefits of IDA employees who provided services to local development corporations.
Section 2: Establishes the effective date.
JUSTIFICATION: Last year the Office of the State Comptroller (OSC) issued an opinion that stated employees of municipal IDAs that had rendered services to an LDC were not eligible for New York State retirement credit. The OSC applied this opinion retroactively in the case of the Jefferson County IDA, and 12 employees were stripped of their retirement credit. This bill will provide protection to other employees of IDAs who might have provided services to LDCs, and whose retirement benefits might be at risk.
PRIOR LEGISLATIVE HISTORY: S. 7750 - 2012
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 1893 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MARTINS -- 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 government service THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 11 of section 2 of the retire- ment and social security law is amended by adding a new subparagraph 3 to read as follows: (3) RENDERED UNDER THE DIRECTION AND CONTROL OF THE OFFICERS OR DIREC- TORS OF A PUBLIC BENEFIT CORPORATION, LOCAL PUBLIC AUTHORITY, OR MUNICI- PALITY WHERE THE SERVICE INVOLVED WAS PERFORMED AT THE REQUEST OF THE PUBLIC BENEFIT CORPORATION, LOCAL PUBLIC AUTHORITY, OR MUNICIPALITY ON OR AFTER APRIL FIRST, NINETEEN HUNDRED NINETY TO PROMOTE THE SPECIFIC OR GENERAL PURPOSES OF THE PUBLIC BENEFIT CORPORATION, LOCAL PUBLIC AUTHOR- ITY, OR MUNICIPALITY AS DETERMINED FROM TIME TO TIME BY THE BOARD OF SAID PUBLIC BENEFIT CORPORATION OR LOCAL PUBLIC AUTHORITY, OR, IN THE CASE OF A MUNICIPALITY, BY THE CHIEF EXECUTIVE OFFICER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01561-01-3