STATE OF NEW YORK ________________________________________________________________________ 8450 IN SENATE January 31, 2024 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend 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 reinstated as a member of the same tier they were in 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 440 of the retirement and social security law is 2 amended by adding a new subdivision f to read as follows: 3 f. The provisions of this subdivision apply to members of a public 4 retirement system of the state or of a municipality thereof and to 5 employees who would have been eligible to join such a retirement system 6 but in lieu thereof elected an optional retirement program to which his 7 or her employer was required to contribute. Any member or employee who 8 retired from his or her retirement system on or after December thirty- 9 first, two thousand nine and who subsequently rejoins the retirement 10 system or program he or she retired from shall be reinstated in such 11 retirement system as a member of the tier he or she originally was in. 12 § 2. Section 500 of the retirement and social security law is amended 13 by adding a new subdivision h to read as follows: 14 h. The provisions of this subdivision apply to members of a public 15 retirement system of the state or of a municipality thereof and to 16 employees who would have been eligible to join such a retirement system 17 but in lieu thereof elected an optional retirement program to which his 18 or her employer was required to contribute. Any member or employee who 19 retired from his or her retirement system on or after December thirty- 20 first, two thousand nine and who subsequently rejoins the retirement 21 system or program he or she retired from shall be reinstated in such 22 retirement system as a member of the tier he or she originally was in. 23 § 3. Section 600 of the retirement and social security law is amended 24 by adding a new subdivision d to read as follows: 25 d. The provisions of this subdivision apply to members of a public 26 retirement system of the state or of a municipality thereof and to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10225-01-3S. 8450 2 1 employees who would have been eligible to join such a retirement system 2 but in lieu thereof elected an optional retirement program to which his 3 or her employer was required to contribute. Any member or employee who 4 retired from his or her retirement system on or after December thirty- 5 first, two thousand nine and who subsequently rejoins the retirement 6 system or program he or she retired from shall be reinstated in such 7 retirement system as a member of the tier he or she originally was in. 8 § 4. This act shall take effect immediately.