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A05429 Summary:

BILL NOA05429
 
SAME ASSAME AS S02861
 
SPONSORAbbate
 
COSPNSR
 
MLTSPNSR
 
Amd §§13-101 & 13-133, add §§13-197 & 13-198, NYC Ad Cd
 
Relates to establishing a variable supplements fund for sanitation members of the New York city employees' retirement system; creates a board to manage such fund and to make payments.
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A05429 Actions:

BILL NOA05429
 
02/16/2021referred to governmental employees
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A05429 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5429
 
SPONSOR: Abbate
  TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to establishing a variable supplements fund for sanitation members of the New York city employees' retirement system   PURPOSE OR GENERAL IDEA OF BILL: To provide sanitation workers of the city of New York with additional retirement benefits in the form of a statutorily created variable supplements fund (VSF).   SUMMARY OF PROVISIONS: Section one of the bill adds a new subdivision (97) to section 13-101 of the City administrative code. Section two of the bill defines the following terms, "association," "variable supplements board," "beneficiary," "variable supplement," and establishes the fund, as well as some governing rules of such. The section provides that the VSF will not serve as a pension, retirement system or fund but discretionary monies given to beneficiaries as deter- mined by the variable supplements board from the retirement system. The section also establishes the board of trustees for the VSF. The section designates positions of the board as including one represen- tative from the New York City Mayor's office, the New York City Comp- troller, one member of the Uniformed Sanitationmen's Association and one member of the Sanitation Officers' Association. The section defines the role of the board of trustees and describes those who will assist the board in its operations. The section establishes the authority of the board and explains the role of the board in determining the beneficiaries of the VSF and outlines a few general guidelines for the operation of the board and the VSF monies. It also grants the VSF equal powers of a registered corporation and grants the VSF Board of Trustees the power to invest and handle the monies of the VSF in a variety of ways. Section two of the bill also requires the VSF Board of Trustees to publish an annual report of its assets accumulated and of its cash and securities of such fund as certified by the comptroller. The comptroller is established as the custodian of the monies and assets of the sanita- tion VSF. The members of the board are prohibited from having interest in any payment or transaction of the fund. Section three of the bill amends section 13-133 of the New York City administrative code to make technical corrections and to add the new section (above) into the regulation and definition of interest. Section four of the bill defines the following terms: "base fiscal year," "current fiscal year," "transferable earnings," "amount of assets of the retirement system," "amount of sanitation assets," and "allo- cation to the sanitation variable supplements fund." The guidelines for calculating the amount obtained in any base fiscal year are also set. Section five sets the effective date.   JUSTIFICATION: New York City sanitation workers deserve to be compensated through a variable supplements fund the same as their city partners, the NYPD and other city agencies are. Sanitation workers in the city of New York work hard in grueling conditions to maintain a clean and healthy environment for residents of the city. This bill justly compensates sanitation work- ers through a reasonable method for their hard years of service.   PRIOR LEGISLATIVE HISTORY: 2020: S6129 - Referred to Civil Service and Pensions 2019: S6129 - Referred to Civil Service and Pensions   FISCAL IMPLICATIONS: See bill   EFFECTIVE DATE: Immediately
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A05429 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5429
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2021
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to establishing a variable supplements  fund  for  sanitation
          members 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:
 
     1    Section 1. Section 13-101 of the administrative code of  the  city  of
     2  New York is amended by adding a new subdivision 97 to read as follows:
     3    97.  "Sanitation  variable  supplements fund." The sanitation variable
     4  supplements fund established by section 13-197 of this chapter.
     5    § 2. The administrative code of the city of New  York  is  amended  by
     6  adding a new section 13-197 to read as follows:
     7    §  13-197  Sanitation  variable  supplements  fund. 1. As used in this
     8  section, the following words and phrases shall have the following  mean-
     9  ings, unless a different meaning is plainly required by the context:
    10    (a)  "Association".  The uniformed sanitationmen's association and the
    11  sanitation officers' association.
    12    (b) "Variable supplements board". The board of trustees  provided  for
    13  in subdivision three of this section.
    14    (c)  "Beneficiary". Any person who (1) receives a retirement allowance
    15  by reason of having retired from service as a sanitation member, or  (2)
    16  receives a benefit by reason of election of an option by such sanitation
    17  member.
    18    (d)  "Variable supplement". Any sum authorized to be paid to a benefi-
    19  ciary by the variable supplements board pursuant to  the  provisions  of
    20  this section.
    21    2.  (a) There is hereby established a fund, to be known as the sanita-
    22  tion variable supplements fund. Such fund shall consist of  such  monies
    23  as  may  be  paid  thereto  from  the  retirement system pursuant to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06265-01-1

        A. 5429                             2
 
     1  provisions of section 13-198  of  this  chapter  and  all  other  monies
     2  received by such fund from any other source pursuant to law.
     3    (b) It is hereby declared by the legislature that the sanitation vari-
     4  able  supplements  fund  shall  not  be,  and  shall not be construed to
     5  constitute, a pension or retirement system or fund, and  that  it  shall
     6  function  as  a  means  whereby  payments, not constituting a pension or
     7  retirement allowance, may be made at  the  discretion  of  the  variable
     8  supplements board, in accordance with the provisions of this section, to
     9  eligible  beneficiaries,  as  a  supplement to benefits received by them
    10  pursuant to this title. The legislature hereby reserves to the state and
    11  itself the right and power to amend, modify or repeal any or all of  the
    12  provisions of this section.
    13    3.  (a) The sanitation variable supplements fund shall be administered
    14  by a board of trustees which shall, subject to applicable provisions  of
    15  law,  from time to time establish rules and regulations for the adminis-
    16  tration and transaction of the business of such fund and for the control
    17  and disposition thereof.
    18    (b) Such variable supplements board shall consist of:
    19    (1) The representative of the mayor who is a member of  the  board  of
    20  trustees  of  the  retirement  system, who shall be entitled to cast one
    21  vote. The mayor may, by instrument in writing filed in his or her office
    22  with the variable supplements board, designate one or  more  members  of
    23  his or her office to act in the place of such representative at meetings
    24  of the board, in the event of such representative's absence therefrom.
    25    (2)  The  comptroller  of  the city, who shall be entitled to cast one
    26  vote.  Any deputy comptroller authorized, pursuant to subdivision  b  of
    27  section ninety-four of the New York city charter, to act in the place of
    28  the  comptroller  as a member of the board of trustees of the retirement
    29  system, may be authorized by the comptroller,  in  accordance  with  the
    30  provisions  of  such subdivision, to act in the place of the comptroller
    31  as a member of the variable supplements board.
    32    (3) One member of the uniformed sanitationmen's  association  and  one
    33  member  of  the sanitation officers' association designated by them, who
    34  shall be entitled to cast one vote. The members so designated  shall  be
    35  officers  of  the  associations.  Each such designee may at any time, by
    36  written authorization filed with the variable supplements board, author-
    37  ize any other officer of the association to act in his or her place as a
    38  member of the board in the event of such  designee's  absence  from  any
    39  meeting thereof; provided that the bylaws or constitution of the associ-
    40  ation provide for the designation of a representative for such purposes.
    41    (c)  Every  act of the variable supplements board shall be by a resol-
    42  ution adopted by the votes of not less than three members of such board,
    43  except as otherwise provided in paragraph (d) of this subdivision.
    44    (d)(1) In the event that the votes of at least three members  of  such
    45  board  are  not  cast  in favor of any resolution proposed, such dispute
    46  shall be promptly referred to the arbitrator designated for the  purpose
    47  of  resolving such disputes, in the collective bargaining agreement then
    48  in effect, between the city of New York and the associations. Such arbi-
    49  trator shall determine such dispute as expeditiously as possible and his
    50  or her determination shall be adopted by the board.
    51    (2) If the arbitrator designated in such  agreement  is  unwilling  or
    52  unable  to  serve,  or if there be no such agreement then in effect, and
    53  the votes of at least three members of the  variable  supplements  board
    54  are not cast in favor of a resolution designating another arbitrator, an
    55  arbitrator  shall  be  appointed by the supreme court, on application of
    56  any member of such board.  The  determination  of  the  arbitrator  made

        A. 5429                             3

     1  pursuant  to the provisions of this subparagraph shall be adopted by the
     2  board.
     3    (3)  The  cost of any arbitration pursuant to the foregoing provisions
     4  of this paragraph shall be paid by the sanitation  variable  supplements
     5  fund.
     6    (e)  The actuary appointed by the board of the retirement system shall
     7  be the technical advisor of the variable supplements board.
     8    (f) The retirement system shall assign  to  the  variable  supplements
     9  board  such  number of clerical and other assistants as may be necessary
    10  for the performance of its functions.
    11    4. (a) The variable supplements board may in its discretion  authorize
    12  payments  from the sanitation variable supplements fund to beneficiaries
    13  pursuant to the provisions of this section. Subject to the provisions of
    14  paragraph (b) of this subdivision, such payments may  be  made  in  such
    15  form, in such amount and in such cases as the variable supplements board
    16  may  in  its discretion determine; provided, however, that the board, in
    17  so exercising its discretion, shall give consideration to equity,  fair-
    18  ness and principles of prudent management.
    19    (b)  (1) No beneficiary shall have a right to receive variable supple-
    20  ments except to the extent, in the manner and for the period  authorized
    21  by  the  variable  supplements  board  in the exercise of its discretion
    22  pursuant to this section and any such supplements  granted  may  at  any
    23  time  be  discontinued by the variable supplements board in the exercise
    24  of such discretion.
    25    (2) The legislature hereby  declares  that  the  variable  supplements
    26  authorized by this section and the granting and receipt thereof:
    27    (i)  shall not create or constitute membership in a pension or retire-
    28  ment system and shall not create or constitute a contract with any bene-
    29  ficiary or with any sanitation member; and
    30    (ii) shall not constitute a pension or retirement allowance or benefit
    31  under the retirement system or otherwise.
    32    (3) Except as otherwise provided in section 13-198  of  this  chapter,
    33  nothing  contained in this section shall create or impose any obligation
    34  on the part of the retirement system, or the funds or monies thereof, or
    35  authorize such funds or monies  to  be  appropriated  or  used  for  any
    36  payment under this section or for any purpose thereof.
    37    (c)  Beneficiaries  shall  be eligible to receive variable supplements
    38  pursuant to this section, notwithstanding any other provision of law  to
    39  the contrary.
    40    (d)  (1)  The  variable supplements board shall not grant any variable
    41  supplement pursuant to  this  section  unless  the  sanitation  variable
    42  supplements  fund,  at  the time of the making of such grant, has in its
    43  possession monies or assets which are sufficient to provide such supple-
    44  ment and which have not been encumbered by any other grant of  any  such
    45  supplement.
    46    (2) Upon the making of any such grant, the monies or assets encumbered
    47  thereby  shall be set aside and shall not be used for any other purpose,
    48  except that they may be invested as authorized  by  subdivision  six  of
    49  this section.
    50    5.  The sanitation variable supplements fund shall have the powers and
    51  privileges of a corporation and by its name all of its business shall be
    52  transacted, all of its funds invested, all warrants for money drawn  and
    53  payments  made,  and  all  of its cash and securities and other property
    54  held.
    55    6. The members of the variable supplements board shall be the trustees
    56  of the monies received  by  or  belonging  to  the  sanitation  variable

        A. 5429                             4
 
     1  supplements  fund  pursuant to this section and shall have full power to
     2  invest  same,  subject  to  the  terms,  conditions,   limitations   and
     3  restrictions  imposed  by  the  law upon savings banks in the making and
     4  disposing  of  investments  by savings banks; and subject to like terms,
     5  conditions, limitations and restrictions, such trustees shall have  full
     6  power to hold, purchase, sell, assign, transfer or dispose of any of the
     7  securities  or  investments  in which any of such monies shall have been
     8  invested as well as the proceeds of such investments and of  any  monies
     9  belonging to such fund.
    10    7.  The  variable supplements board shall publish annually in the City
    11  Record a report for the preceding year showing the assets of the sanita-
    12  tion variable supplements fund and a statement  as  to  the  accumulated
    13  cash  and  securities  of such fund as certified by the comptroller, and
    14  shall set forth in such report such  other  facts,  recommendations  and
    15  data as the board may deem pertinent.
    16    8.  The comptroller shall be custodian of the monies and assets of the
    17  sanitation  variable  supplements  fund.  All  such  monies  and  assets
    18  included in such fund or which shall hereafter accrue to such fund shall
    19  be in his or her custody for the purposes of this section subject to the
    20  direction, control and approval of such board as to disposition, invest-
    21  ment,  management  and report. All payments from such fund shall be made
    22  by the comptroller upon a voucher signed by the secretary of  the  vari-
    23  able supplements board.
    24    9.  Except  as  provided  in  this section, the trustees and employees
    25  assigned to the variable supplements board are  prohibited  from  having
    26  any  interest,  directly  or  indirectly, in the gains or profits of any
    27  investment of the sanitation  variable  supplements  fund  or  as  such,
    28  directly  or  indirectly,  from receiving any pay or emolument for their
    29  services. The trustees and such employees, directly or  indirectly,  for
    30  themselves  or  as agents or partners of others, shall not borrow any of
    31  its funds or deposits or in any manner use the same except to make  such
    32  current and necessary payments as are authorized by such board.
    33    10.    (a) The sanitation variable supplements fund shall not make any
    34  payments to beneficiaries unless a plan  setting  forth  the  basis  and
    35  amounts  of  such payments and the qualifications for receipt thereof is
    36  first filed with the superintendent of financial services  and  approved
    37  by him or her as consistent with the provisions of this section.
    38    (b)  The  superintendent of financial services may examine the affairs
    39  of the sanitation variable supplements fund with  the  same  powers  and
    40  jurisdiction  as  are applicable in the case of an examination of a life
    41  insurance company by such superintendent  under  article  three  of  the
    42  insurance law.
    43    § 3. Subdivision a of section 13-133 of the administrative code of the
    44  city  of  New  York,  as  amended by chapter 255 of the laws of 2000, is
    45  amended to read as follows:
    46    a. Regular interest, charges payable, the creation and maintenance  of
    47  reserves  in  the  contingent  reserve fund and the pension fund and the
    48  maintenance of annuity reserves, pension reserves  and  reserves-for-in-
    49  creased-take-home-pay as provided for in this chapter and the payment of
    50  all pensions, pensions-providing-for-increased-take-home-pay, annuities,
    51  retirement  allowances,  refunds,  death benefits and any other benefits
    52  granted under the provisions of this  chapter,  are  hereby  made  obli-
    53  gations  of  the city.   All income, interest and dividends derived from
    54  deposits and investments authorized by this chapter shall  be  used  and
    55  disposed  of  in the manner prescribed by subdivision b of this section.
    56  Upon the basis of each actuarial determination  and  appraisal  provided

        A. 5429                             5
 
     1  for  in this chapter, the board shall prepare and submit to the director
     2  of management and budget an itemized estimate of the  amounts  necessary
     3  to  be  appropriated  by  the  city  to the various funds to provide for
     4  payment  in  full during the ensuing fiscal year of all such obligations
     5  of the city accruing during the ensuing  fiscal  year.  There  shall  be
     6  included  annually  in  the  budget a sum sufficient to provide for such
     7  obligations of the city. The comptroller shall pay the sums so  provided
     8  into  the  various  funds  provided  for by this chapter, subject to the
     9  provisions of subdivision b of this section. Nothing contained  in  this
    10  section  shall be construed as preventing the payments, if any, required
    11  to be made pursuant to sections 13-193 (relating to the  transit  police
    12  variable  supplements  funds),  13-193  (relating  to the housing police
    13  variable supplements funds),  13-193.2,  13-193.3,  13-193.4,  13-193.5,
    14  13-193.7, 13-193.6, 13-195 [and], 13-195.1 and 13-198 of this chapter.
    15    §  4.  The  administrative  code of the city of New York is amended by
    16  adding a new section 13-198 to read as follows:
    17    § 13-198 Payments to sanitation variable supplements fund. 1. As  used
    18  in this section, the following terms shall mean and include:
    19    (a)  "Base  fiscal  year". Any fiscal year of the city beginning on or
    20  after July first, two thousand twenty with respect to which fiscal  year
    21  a  determination  is  required  to  be made as to whether the retirement
    22  system is required to make a payment, pursuant to the provisions of this
    23  section, to the sanitation variable supplements fund.
    24    (b) "Current fiscal year". The fiscal year of the city next succeeding
    25  the base fiscal year.
    26    (c) "Transferable earnings". The  total  amount  obtained  in  a  base
    27  fiscal  year  with  respect  to  the New York city employees' retirement
    28  system by following the  procedure  described  in  paragraph  twelve  of
    29  subdivision a of section 13-232 of this title.
    30    (d)  "Amount  of assets of the retirement system". With respect to any
    31  base fiscal year, the aggregate amount of all assets of  the  retirement
    32  system on June thirtieth of such fiscal year.
    33    (e) "Amount of sanitation assets".  The amount obtained by multiplying
    34  the  total  assets of the retirement system as of June thirtieth of such
    35  base fiscal year by (i) the total salaries of sanitation members of  the
    36  retirement  system as of such June thirtieth and dividing the product by
    37  (ii) the total salaries of members of the retirement system as  of  such
    38  June thirtieth.
    39    (f)  "Allocation  to  the sanitation variable supplements fund".  With
    40  respect to any base fiscal year, the amount obtained:
    41    (i) by multiplying the transferable earnings, if any, with respect  to
    42  such base fiscal year by the amount of sanitation assets with respect to
    43  such base fiscal year; and
    44    (ii)  by  dividing the amount computed pursuant to subparagraph (i) of
    45  this paragraph by the amount of assets of  the  retirement  system  with
    46  respect to such base fiscal year.
    47    2.  As  soon  as practicable after the close of each base fiscal year,
    48  but not later than August thirty-first of the current fiscal  year,  the
    49  board  of  the retirement system shall determine, in the manner provided
    50  in paragraph (f) of subdivision one of this section, whether there is an
    51  allocation to the sanitation variable supplements fund with  respect  to
    52  such  base  fiscal  year,  and  pay  such allocation from the contingent
    53  reserve fund to the sanitation variable supplements fund.
    54    § 5. This act shall take effect immediately.
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