New York State Assembly

 
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A10076 Summary:

A10076 Actions:

A10076 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Paulin      
DATE:04/24/2018AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Paulin
Aye
Lawrence
Aye
Cook
Aye
Blankenbush
Aye
Galef
Aye
Friend
Absent
Jenne
Aye
Malliotakis
Aye
Rodriguez
Aye
Palmesano
Aye
Abinanti
Aye
Montesano
Aye
Quart
Aye
Lalor
Aye
Otis
Aye
Rozic
Aye
Kim
Aye
Buchwald
Aye
Seawright
Aye
Dilan
Aye
Richardson
Absent
De La Rosa
Aye
Pheffer Amato
Aye
Vanel
Absent
Carroll
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/08/2018AYE/NAY:33/0  Action: Favorable         
Weinstein
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Excused
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Aye
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Aye
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Aye

A10076 Floor Votes:

A10076 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10076
 
                   IN ASSEMBLY
 
                                     March 14, 2018
                                       ___________
 
        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public  authorities  law,  in  relation  to  setting
          limits on severance packages for public at-will employees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the  "severance
     2  pay limitation act".
     3    §  2.    The public authorities law is amended by adding a new section
     4  2854 to read as follows:
     5    § 2854. Severance packages. 1. For the purposes of this section:
     6    (a) "at-will employee" shall mean an employee of any entity  organized
     7  under  this  chapter.    Any  employee  that  is covered by a collective
     8  bargaining agreement or  union  contract  shall  not  be  considered  an
     9  at-will employee for the purpose of this section.
    10    (b)  "severance pay for an at-will employee" shall include benefits or
    11  compensation with a quantifiable monetary value that are provided for an
    12  at-will employee upon termination of employment and shall not be consid-
    13  ered part of the at-will employee's annual wages and  benefits.  "Sever-
    14  ance pay for an at-will employee" shall not include payments for accumu-
    15  lated  vacation,  accumulated  sick  leave,  and  accumulated sick leave
    16  liquidated to cover the cost of group  term  insurance  or  payments  of
    17  periodic  contributions  by an employer toward premiums for group insur-
    18  ance policies.
    19    2. Notwithstanding any other law, rule or regulation to the  contrary,
    20  severance  pay provided for an at-will employee leaving employment shall
    21  not exceed an amount equivalent to their prior three months' salary.
    22    3. Notwithstanding any other law, rule or regulation to the  contrary,
    23  the severance pay for an at-will employee shall be excluded from retire-
    24  ment deductions and from any calculations of retirement benefits.
    25    4.  If  a  retired  or  terminated at-will employee dies before all of
    26  their severance pay has been disbursed, the balance due must be paid  to
    27  a named beneficiary or, lacking one, to the decedent's estate.
    28    5.  No  collective  bargaining  agreement  or  union contract shall be
    29  altered by the provisions of this section.
    30    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14915-05-8