BILL NUMBER: S5634
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
participation by free association libraries in the New York state and
local employees' retirement system
 
PURPOSE:
The bill would allow additional free association libraries to partic-
ipate in the State retirement system, providing their librarians and
other employees' equity with those free association libraries, which are
currently in the retirement system, as well as with public libraries
operating under other forms of governance.
 
SUMMARY OF PROVISIONS:
Section 1. Adds a new section 31-g to the retirement and social security
law allowing free association libraries, which meet enumerated stand-
ards, to join the retirement system and providing for administration of
the process. To be eligible, libraries must be chartered by the State
Board of Regents, receive most of their revenues from public sources,
provide for public voting on both their budgets and their trustees and
file appropriate reports with the State Comptroller.
Section 2. Provides the effective date.
 
JUSTIFICATION:
Public libraries in New York generally operate under one of four types
of governance. Some are agencies or departments of a municipality, so
the library staff are employees of the municipality and are thus members
of the retirement system. Others are special districts created by
special State legislation and their retirement system participation may
be established by their enabling legislation. Others are voters estab-
lished "school district public libraries" , which are eligible to
participate in the State retirement system pursuant to section 31-a of
the retirement and social security law.
The fourth type of public library governance is the free association
library. Free association libraries are subject to the same rights and
responsibilities pursuant to the education law as are public libraries
operating under other types of governance. Funding for these libraries
typically is provided by the municipality (or municipalities) in which
they serve. These libraries receive the same state and federal aid as
other public libraries. The largest and most well-known free association
library is the research library of the New York Public Library which is
actually owned by the Astor, Lenos and Tilden Foundations. This free
association library is specifically made eligible to participate in the
retirement system by section 32 of the retirement and social security
law. There are also other free association libraries across the State
covered by the provisions of the retirement and social security law
which allows for participation in the retirement system.
Those remaining free association libraries, which currently are not
eligible to participate in the retirement system, are hampered in their
ability to recruit and retain librarians and other staff. Experienced
staff currently working on other libraries may be reluctant to accept
employment which does not count toward their retirement, while entry
level staff are likely to move to jobs at other libraries or other local
government agencies which participate in the retirement system. Permit-
ting the participation by these remaining libraries in the retirement
system will 'level the playing field' and ensure high quality library
services for citizens in all parts of the State.
 
LEGISLATIVE HISTORY:
2024 5.4245; 2022 S.5179A/A.5824A; 2020: S.5468/A.7399; 2017-18
S.5134A/A.6548A2011 A.574; 2010 A.10012
 
FISCAL IMPLICATIONS:
See fiscal note in bill
 
EFFECTIVE DATE:
Immediately.