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.