S1893-2013 Actions

• Jan 9, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

S1893-2013 Memo

BILL NUMBER:S1893

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 retire-
ment 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

S1893-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1893
 2013-2014 Regular Sessions
 I N  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

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