BILL NUMBER: S7755
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
retirement benefits for certain employees; and providing for the repeal
of such provisions upon expiration thereof
 
PURPOSE:
This legislation will allow certain individuals employed at OMH to file
an election to change their retirement election during a prescribed
period of time.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision c of Section 700 of the Retirement and
Social Security Law that references a new subdivision d to allow for
provisions of this change.
Section 2 adds a new subdivision d to Section 700 of the Retirement and
Social Security Law that authorizes the individuals covered by this
legislation who are employed at the Office of Mental Health to change
their retirement election during a prescribed period of time.
Section 3 is the effective. date.
 
JUSTIFICATION:
Currently, Security Hospital Treatment Assistants ("SHTAs") employed by
OMH have one year from the date of employment commencement to elect
coverage under either a traditional age-based retirement plan, or cover-
age, under the service-based 25-year retirement plan codified in § 89 of
the Retirement and Social Security Law. This legislation will create a
temporary window for these individuals to change their election. Unfor-
tunately, through no fault of their own, many of the individuals
employed as the SHTAs are currently enrolled in the incorrect retirement
plan. For example, some individuals who already have a significant
amount of civil service credit unrelated to the SHTA title and are
approaching 55 years of age, find. themselves in the 89 plan referenced
above since they were never given an opportunity to choose between plans
when they were first employed. Similarly, younger individuals inadvert-
ently enrolled in the traditional age-based retirement plan when they
should have opted for the 25-year service-based plan.
This legislation would open a very short window for these individuals to
reassess and address any issues they may have with their current retire-
ment election.
 
LEGISLATIVE HISTORY:
2023-2024: S.6054-A - Reported and Committed to Finance/A.6343-A Amend
and Recommit to Governmental Employees
2021-2022: S.8946 - Referred to Civil Service and Pensions/A.7827-A
Amend and Recommit to Governmental Employees
 
STATE AND LOCAL FISCAL IMPLICATIONS: See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed on the one hundred
eightieth day after it shall have become a law.

Statutes affected:
S7755: 700 retirement and social security law, 700(c) retirement and social security law