BILL NUMBER: S1011
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the education law and the retirement and social security
law, in relation to changes of membership eligibility in a New York
state retirement system
 
PURPOSE OR GENERAL IDEA OF BILL:
To require individuals employed and participating in one of New York
State's retirement systems to formally acknowledge termination of
participation in the retirement system.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: the education law is amended by adding a new section 540.
Section 2: the retirement and social security law is amended by adding a
new section 113-b.
Section 3: the retirement and social security law is amended by adding a
new section 411-a.
Section 4: is the effective date.
 
JUSTIFICATION:
In 2001, seven teaching professionals across the state were asked by
their superintendents to coordinate a statewide project called Project
Lead the Way. In 2006, the Teacher's Retirement System filed a claim
against the seven indicating they were working for the not-for-profit
company and could not contribute to TRS. Even though they remained an
employee of the district and a member of their local bargaining unit,
the Appellate Court sided with the TRS and these employees lost nine
years of service credit. This legislation would require that an employee
that participates in one of the New York State retirement systems to
affirmatively acknowledge termination of their membership when reas-
signed to a position outside the scope of a retirement system.
 
LEGISATIVE HISTORY:
2021-22: S4597 Referred to Civil Service and Pensions.
2023: S6361 Passed Senate. 2024: S6361A Passed Senate.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.