STATE OF NEW YORK
________________________________________________________________________
2097
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sen. HARCKHAM -- 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
establishing a retirement benefit review panel
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 803-b to read as follows:
3 § 803-b. Retirement benefit review panel. a. The comptroller shall
4 establish a retirement benefit review panel consisting of at least
5 fifteen members, any three of whom may sit as a team to review a partic-
6 ular case. Members of the panel shall have expertise in the various
7 retirement systems of the state, including, but not limited to, member-
8 ship, service credit, retirement options and the transfer of retirement
9 service between retirement systems within and without the state. To the
10 extent practicable, the workload of the panel should be evenly distrib-
11 uted among its members. Members of the panel should be free to exercise
12 independent professional judgment without pressure or retaliation for
13 the exercise of that judgment from any source.
14 b. Any member of a retirement system in this state, after seeking
15 relief pursuant to: (1) section eight hundred three of this article; (2)
16 a hearing; and/or (3) any other provision of law, who has failed to
17 obtain the relief sought, may have his or her case heard before the
18 retirement benefit review panel. Such panel is authorized to hear testi-
19 mony and admit evidence that such panel deems relevant to the case
20 before it. Upon the hearing of all testimony and admission of all
21 evidence, the panel shall make its determination regarding the relief
22 sought. Any determination made by such panel shall be final.
23 c. The comptroller is authorized to promulgate rules and regulations
24 to implement the provisions of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01139-01-3
S. 2097 2
1 § 2. This act shall take effect on the one hundred twentieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such date.
