Expands the composition of the board of trustees of the New York City Employees' Retirement system to include the employee organization which represents the largest number of uniformed employees for the purposes of collective bargaining on pension matters.
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: The purpose of this bill is to make the president of the Correction Officers Benevolent Association ("COBA") a voting member of the Board of Trustees of the New York City Employees' Retirement System ("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 to include a fourth employee representative.
EXISTING LAW: Under current law, only three employee representative serve on the NYCERS Board, each of whom casts one vote.
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.4256 of 2012 - Referred to Civil Service and Pensions both years A.6921 of 2012 - Referred to Governmental Employees
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3586 2013-2014 Regular Sessions IN SENATE February 7, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 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. LBD08697-01-3 S. 3586 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.