Bill Text: NY A07332 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that members of a retirement system who retire from such system and later rejoin the retirement system are reinstated with the same rights, benefits and privileges they had prior to retirement.

Spectrum: Slight Partisan Bill (Democrat 11-6)

Status: (Introduced) 2024-06-03 - print number 7332a [A07332 Detail]

Download: New_York-2023-A07332-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7332--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2023
                                       ___________

        Introduced by M. of A. BICHOTTE HERMELYN, GONZALEZ-ROJAS, ARDILA, LUCAS,
          DICKENS,  CONRAD,  COLTON,  BENDETT,  BRABENEC,  K. BROWN,  DeSTEFANO,
          SAYEGH, HYNDMAN, ZACCARO, FLOOD, MCGOWAN -- Multi-Sponsored by  --  M.
          of A. SIMON -- read once and referred to the Committee on Governmental
          Employees -- recommitted to the Committee on Governmental Employees in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT to amend the administrative code of the city of New York and the
          retirement and social security law,  in  relation  to  providing  that
          members  of  a retirement system who retire from such system and later
          rejoin the retirement system are entitled to the same rights, benefits
          and privileges such member had prior to retirement

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  13-105 of the administrative code of the city of
     2  New York is amended to read as follows:
     3    § 13-105 Membership; eligibility in certain cases. Notwithstanding any
     4  inconsistent provision of this chapter, the code, or any other  law,  an
     5  officer  or  employee  in  city-service  who  is  otherwise eligible for
     6  membership in this retirement system but  who  is  entitled  to  receive
     7  benefits  from any other pension fund or retirement system maintained by
     8  the city may become a member of this  retirement  system  provided  such
     9  benefits  are  suspended  during [his or her] such officer or employee's
    10  active membership in this retirement system. Such member shall  contrib-
    11  ute  to this retirement system as a new entrant, provided, however, that
    12  in the case of a member who has retired or retires from  public  service
    13  on  or  after  July first, nineteen hundred seventy-six and suspended or
    14  suspends such member's retirement allowance upon entrance into city-ser-
    15  vice, such member shall be entitled to the same rights and privileges as
    16  those to which such member was entitled upon such member's last date  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10225-02-4
        A. 7332--A                          2

     1  entry  into  a  public retirement system or pension fund of the state or
     2  the city of New York.
     3    § 2. Subdivision 2 of section 519 of the retirement and social securi-
     4  ty law is amended by adding a new paragraph (vi) to read as follows:
     5    (vi)  Notwithstanding  any  other  provision  of  law, any member of a
     6  public retirement system who retired  after  having  last  entered  such
     7  system  on or after July first, nineteen hundred seventy-six, and there-
     8  after re-entered service and joined  or  rejoined  a  public  retirement
     9  system  shall be entitled to all the rights, benefits and privileges and
    10  subject to all the obligations set forth in any law or laws relating  to
    11  public  retirement  systems  and  to  which  such member would have been
    12  subject or entitled had such member entered or re-entered membership  in
    13  such  retirement  system  on the date in which such member first entered
    14  the retirement system from which such member retired.
    15    § 3. Subdivision b of section 614 of the retirement and social securi-
    16  ty law is amended by adding a new paragraph (vi) to read as follows:
    17    (vi) Notwithstanding any other provision  of  law,  any  member  of  a
    18  public  retirement  system  who  retired  after having last entered such
    19  system on or after July first, nineteen hundred seventy-six, and  there-
    20  after  re-entered  service  and  joined  or rejoined a public retirement
    21  system shall be entitled to all the rights, benefits and privileges  and
    22  subject  to all the obligations set forth in any law or laws relating to
    23  public retirement systems and to  which  such  member  would  have  been
    24  subject  or entitled had such member entered or re-entered membership in
    25  such retirement system on the date in which such  member  first  entered
    26  the retirement system from which such member retired.
    27    § 4. This act shall take effect immediately.