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

                                         2820

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 21, 2009
                                      ___________

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

       AN  ACT  to amend the retirement and social security law, in relation to
         member contributions to a public retirement system

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

    1    Section  1.  Section  517 of the retirement and social security law is
    2  amended by adding a new subdivision h to read as follows:
    3    H. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER THE EFFEC-
    4  TIVE DATE OF THIS SUBDIVISION, MEMBERS SHALL NOT BE REQUIRED NOR PERMIT-
    5  TED TO CONTRIBUTE TO THE RETIREMENT SYSTEM IN WHICH  THEY  HAVE  MEMBER-
    6  SHIP.    NOTHING  HEREIN, HOWEVER, SHALL AFFECT ANY OBLIGATION UNDER LAW
    7  WITH RESPECT TO CONTRIBUTIONS MADE PRIOR TO THE EFFECTIVE DATE  OF  THIS
    8  SUBDIVISION.
    9    S  2. Section 613 of the retirement and social security law is amended
   10  by adding a new subdivision f to read as follows:
   11    F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER THE EFFEC-
   12  TIVE DATE OF THIS SUBDIVISION, MEMBERS SHALL NOT BE REQUIRED NOR PERMIT-
   13  TED TO CONTRIBUTE TO THE RETIREMENT SYSTEM IN WHICH  THEY  HAVE  MEMBER-
   14  SHIP.    NOTHING  HEREIN, HOWEVER, SHALL AFFECT ANY OBLIGATION UNDER LAW
   15  WITH RESPECT TO CONTRIBUTIONS MADE PRIOR TO THE EFFECTIVE DATE  OF  THIS
   16  SUBDIVISION.
   17    S 3. This act shall take effect June 30, 2009, provided, however, that
   18  subdivision  h  of  section  517 and subdivision f of section 613 of the
   19  retirement and social security law, as added by section one and  section
   20  two  of  this  act,  shall  be  subject  to and shall expire pursuant to
   21  section 615 of such law as from time to time amended.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This bill would amend Sections 517  and  613  of  the  Retirement  and
       Social  Security  Law  to eliminate the required 3% contributions on and
       after June 30, 2009 for Tier 3 and 4 members.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05610-01-9
       A. 2820                             2

         Insofar as this bill would affect the New York State and Local Employ-
       ees' Retirement System, we anticipate  that  there  would  be  estimated
       additional  annual  contributions  of  approximately  $44 million to the
       State of New York and $63 million to the participating employers in  the
       New York State and Local Employees' Retirement System.
         This estimate, dated December 1, 2008 and intended for use only during
       the  2009  Legislative  Session, is Fiscal Note No. 2009-16, prepared by
       the Actuary for the New  York  State  and  Local  Employees'  Retirement
       System.