N.Y. SOS Law § 335 — New York Code / Act SOS / Article 5 / Title 9-B / Section 335
Assessments and employability plans for certain recipients in households with dependent children
Status: in_force

§ 335. Assessments and employability plans for certain recipients in\nhouseholds with dependent children. 1. Each social services official\nshall ensure that each recipient of public assistance who is a member of\na household with dependent children and is eighteen years of age or\nolder, or who is sixteen or seventeen years of age and is not attending\nsecondary school and has not completed high school or a high school\nequivalency program, receives an assessment of employability based on\nhis or her educational level, including literacy and English language\nproficiency, basic skills proficiency, child care and other supportive\nservices needs; and skills, prior work experience, training and\nvocational interests. This assessment shall include a review of family\ncircumstances including a review of any special needs of a child and\nwhether home visiting services would be appropriate and beneficial for\nthe family. Such assessment shall be completed within ninety days of the\ndate on which such person is determined eligible for public assistance.\nAn applicant for or recipient of public assistance may be assigned to\nwork activities prior to completion of such assessment.\n  2. (a) Based on the assessment required by subdivision one of this\nsection, the social services official, in consultation with the\nparticipant, shall develop an employability plan in writing which shall\nset forth the services that will be provided by the social services\nofficial, including but not limited to child care and other services and\nthe activities in which the participant will take part, including child\ncare and other services and shall set forth an employment goal for the\nparticipant. To the extent possible, the employability plan shall\nreflect the preferences of the participant in a manner that is\nconsistent with the results of the participant's assessment and the need\nof the social services district to meet federal and state work activity\nparticipation requirements, and, if such preferences cannot be\naccommodated, the reasons shall be specified in the employability plan.\nThe employability plan shall also take into account the participant's\nsupportive services needs, available program resources, local employment\nopportunities, and where the social services official is considering an\neducational activity assignment for such participant, the participant's\nliability for student loans, grants and scholarship awards. The\nemployability plan shall be explained to the participant. Any change to\nthe participant's employability plan required by the social services\nofficial shall be discussed with the participant and shall be documented\nin writing.\n  (b) Where an assessment indicates that a participant who is not\nsubject to the education requirements of subdivision four of section\nthree hundred thirty-six-a of this title has not attained a basic\nliteracy level, the social services official shall encourage and may\nrequire the participant to enter a program to achieve basic literacy or\nhigh school equivalency or to enter such educational programs in\ncombination with other training activities consistent with the\nemployability plan.\n  (c) Where an assessment indicates that home visiting services would be\nappropriate and beneficial to the public assistance household, and such\nservices are available, the local social services official shall\nencourage the recipient to participate in such services. To the extent\nthat such participant is interested in receiving home visiting services,\nthe local social services official shall assign the participant to a\nwork activity in accordance with paragraph (f) or (m) of subdivision one\nof section three hundred thirty-six of this title, where such home\nvisiting services shall count towards the individual's work requirements\nas set forth in section three hundred thirty-five-b of this title.\n  3. Each applicant for or recipient of public assistance as described\nherein must participate in an assessment as required by the social\nservices district in accordance with the conditions of this section.\nApplicants who fail or refuse to participate with the requirements of\nthis section shall be ineligible for public assistance. Recipients who\nfail or refuse to participate with the requirements of this section\nshall be subject to the sanctions set forth in section three hundred\nforty-two of this title.\n  4. A local social services official shall, pursuant to department\nregulations developed in consultation with the department of education,\nand the department of social services or its successor agencies use\ndesignated trained staff or contract with providers having a\ndemonstrated effectiveness in performing assessments and developing\nemployability plans to perform assessments and develop employability\nplans.\n  5. A social services district shall assign participants to activities\npursuant to their employability plans to the extent that child care is\nguaranteed and other services as prescribed by section three hundred\nthirty-two-a of this title and section four hundred ten-u of this\nchapter are available. The district shall provide information to\nparticipants orally and in writing, as appropriate, regarding child care\nand the methods of payment therefor. Such information shall be\nsufficient for participants to make an informed decision regarding child\ncare.\n  6. Nothing in this section shall be construed to prevent a social\nservices official from providing an assessment more detailed or\ncomprehensive than the requirements set forth in this section.\n
N.Y. LAB Law § 635 — New York Code / Act LAB / Article 18 / Title 9 / Section 635
Deductions from wages
Status: in_force

§ 635. Deductions from wages. Any employer who shall make a deduction\nfrom the remuneration of any employee to pay any portion of the\ncontribution which the employer is required to make shall be guilty of a\nmisdemeanor.\n
N.Y. PBA Law § 365 — New York Code / Act PBA / Article 2 / Title 9 / Section 365
Notes or bonds of the authority
Status: in_force

§ 365. Notes or bonds of the authority. 1. (a) Subject to the\nprovisions of section three hundred sixty-six of this title, the\nauthority shall have the power and is hereby authorized from time to\ntime to issue its negotiable notes and bonds in conformity with\napplicable provisions of the uniform commercial code in such principal\namount as, in the opinion of the authority, shall be necessary to\nprovide sufficient moneys for achieving the corporate purposes thereof,\nincluding construction, reconstruction and improvement of the thruway\nsections and connections, and highway connections herein described,\ntogether with suitable facilities and appurtenances, the payment of all\nindebtedness to the state, the cost of acquisition of all real property,\nthe expense of maintenance and operation, interest on notes and bonds\nduring construction and for a reasonable period thereafter,\nestablishment of reserves to secure notes or bonds, and all other\nexpenditures of the authority incident to and necessary or convenient to\ncarry out its corporate purposes and powers.\n  (b) The authority shall have power from time to time to issue renewal\nnotes, to issue bonds to pay notes, and whenever it deems refunding\nexpedient, to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any other\npurpose. The refunding bonds shall be sold and the proceeds applied to\nthe purchase, redemption or payment of the bonds to be refunded.\n  (c) Except as may otherwise be expressly provided by the authority,\nevery issue of the notes or bonds shall be general obligations payable\nout of any moneys or revenues of the authority, subject only to any\nagreements with the holders of notes or bonds pledging any receipts or\nrevenues.\n  2. The notes and bonds shall be authorized by resolution of the board,\nshall bear such date or dates and mature at such time or times, in the\ncase of notes and any renewals thereof within five years after their\nrespective dates and in the case of bonds not exceeding forty years from\ntheir respective dates, as such resolution or resolutions may provide.\nThe notes and bonds shall bear interest at such rate or rates, be in\nsuch denominations, be in such form, either coupon or registered, carry\nsuch registration privileges, be executed in such manner, be payable in\nsuch medium of payment, at such place or places, and be subject to such\nterms of redemption as such resolution or resolutions may provide. Bonds\nand notes shall be sold by the authority, at public or private sale, at\nsuch price or prices as the authority may determine. Bonds and notes of\nthe authority shall not be sold by the authority at private sale unless\nsuch sale and the terms thereof have been approved in writing by the\ncomptroller, where such sale is not to the comptroller, or by the\ndirector of the budget, where such sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any notes or bonds or any\nissue thereof may contain provisions, which shall be a part of the\ncontract with the holders thereof, as to\n  (a) pledging all or any part of the fees, charges, gifts, grants,\nrents, revenues or other moneys received or to be received and leases or\nagreements to secure the payment of the notes or bonds or of any issue\nthereof subject to such agreements with bondholders as may then exist;\n  (b) The rates of the fees or charges to be established, and the\namounts to be raised in each year thereby and the use and disposition of\nthe fees, charges, gifts, grants, rents, revenues or other moneys\nreceived or to be received;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the purpose to which the proceeds of sale of any\nissue of notes or bonds then or thereafter to be issued may be applied\nand pledging such proceeds to secure the payment of the notes or bonds\nor of any issue thereof;\n  (e) limitations on the issuance of additional notes or bonds; the\nterms upon which additional notes or bonds may be issued and secured;\nthe refunding of outstanding or other notes or bonds;\n  (f) the procedure, if any, by which the terms of any contract with\nnoteholders or bondholders may be amended or abrogated, the amount of\nnotes or bonds the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (g) limitations on the amount of moneys to be expended by the\nauthority for operating, administrative or other expenses of the\nauthority;\n  (h) in the case of notes or bonds not guaranteed by the state, vesting\nin a trustee or trustees such property, rights, powers and duties in\ntrust as the authority may determine which may include any or all of the\nrights, powers and duties of the trustee appointed by the bondholders\npursuant to this title, and limiting or abrogating the right of the\nbondholders to appoint a trustee under this title or limiting the\nrights, duties and powers of such trustee;\n  (i) the acquisition of jurisdiction over, and of property for,\nthruways, and the construction, reconstruction, improvement, maintenance\nor operation thereof;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the notes or bonds.\n  4. Whenever the authority pledges its revenues under a resolution\nauthorized by this section, such resolution shall not prohibit the\nauthority from financing for additional corporate transportation\npurposes authorized by law secured by an additional pledge of such\nrevenues. Such additional pledge of revenues may, in the discretion of\nthe authority, be subordinate to the pledge of such revenues securing\nother bonds, notes or other evidence of indebtedness of the authority.\nProvided, however, the authority shall not make any such additional\npledge if the security of the bonds, notes or other evidences of\nindebtedness previously issued will be impaired as a result thereof.\n  5. It is the intention hereof that any pledge made by the authority\nshall be valid and binding from the time when the pledge is made; that\nthe moneys so pledged and thereafter received by the authority shall\nimmediately be subject to the lien of such pledge without any physical\ndelivery thereof or further act, and that the lien of any such pledge\nshall be valid and binding as against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether such parties have notice thereof. Neither the resolution nor\nany other instrument by which a pledge is created need be recorded.\n  6. Neither the members of the board nor any person executing the notes\nor bonds shall be liable personally on the notes or bonds or be subject\nto any personal liability or accountability by reason of the issuance\nthereof.\n  7. The authority shall have power out of any funds available therefor\nto purchase notes or bonds, which shall thereupon be cancelled, at a\nprice not exceeding (a) if the notes or bonds are then redeemable, the\nredemption price then applicable plus accrued interest to the next\ninterest payment date thereon, or (b) if the notes or bonds are not then\nredeemable, the redemption price applicable on the first date after such\npurchase upon which the notes or bonds become subject to redemption plus\naccrued interest to said date.\n
N.Y. PBA Law § 380 — New York Code / Act PBA / Article 2 / Title 9 / Section 380
Further additional powers of the authority to finance certain local highway and bridge improvements and payments to the authority
Status: in_force

§ 380. Further additional powers of the authority to finance certain\nlocal highway and bridge improvements and payments to the authority. 1.\n(a) The authority is hereby authorized, as additional corporate purposes\nthereof: (i) to issue bonds and notes and to incur obligations secured\nby the moneys as provided in the service contracts authorized pursuant\nto section eleven of chapter three hundred twenty-nine of the laws of\nnineteen hundred ninety-one, as amended; (ii) to make available the\nproceeds from the sale of such bonds and notes, net of all costs to the\nauthority in connection therewith, for the purposes of financing all or\na portion of the capital costs of local highway and bridge projects\npursuant to sections ten-c, ten-f and ten-g of the highway law and\nsections sixteen and sixteen-a of the chapter of the laws of nineteen\nhundred ninety-one which enacted this section, section eighty-b of the\nhighway law and section fifteen of chapter three hundred twenty-nine of\nthe laws of nineteen hundred ninety-one which enacted this section, and\nproject costs for: construction, reconstruction, improvement,\nreconditioning and preservation of rail freight facilities and intercity\nrail passenger facilities and equipment; construction, reconstruction,\nimprovement, reconditioning and preservation of state, municipal and\nprivately owned ports; construction, reconstruction, improvement,\nreconditioning and preservation of municipal airports; privately owned\nairports and aviation capital facilities, excluding airports operated by\nthe state or operated by a bi-state municipal corporate instrumentality\nfor which federal funding is not available provided the project is\nconsistent with an approved airport layout plan; construction,\nreconstruction, enhancement, improvement, replacement, reconditioning,\nrestoration, rehabilitation and preservation of state, county, town,\ncity and village roads, highways, parkways and bridges, and\nconstruction, reconstruction, improvement, reconditioning and\npreservation of fixed ferry facilities of municipal and privately owned\nferry lines for transportation purposes; (iii) to enter into agreements\nwith the commissioner with respect to financing any such local highways\nand bridges owned, maintained or operated by a municipality, and (iv) to\nenter into service contracts, contracts, agreements, deeds and leases\nwith the director of the budget or the commissioner of transportation\nand project sponsors and others to provide for the financing by the\nauthority of project costs for: construction, reconstruction,\nimprovement, reconditioning and preservation of rail freight facilities\nand intercity rail passenger facilities and equipment; construction,\nreconstruction, improvement, reconditioning and preservation of state,\nmunicipal and privately owned ports; construction, reconstruction,\nimprovement, reconditioning and preservation of municipal airports;\nprivately owned airports and aviation capital facilities, excluding\nairports operated by the state or operated by a bi-state municipal\ncorporate instrumentality for which federal funding is not available\nprovided the project is consistent with an approved airport layout plan;\nconstruction, reconstruction, enhancement, improvement, replacement,\nreconditioning, restoration, rehabilitation and preservation of state,\ncounty, town, city and village roads, highways, parkways and bridges;\nand construction, reconstruction, improvement, reconditioning and\npreservation of fixed ferry facilities of municipal and privately owned\nferry lines for transportation purposes. The director of the budget and\nthe commissioner of transportation are each hereby authorized to enter\ninto service contracts, contracts, agreements, deeds and leases with the\nauthority, project sponsors or others to provide for the financing by\nthe authority of the project costs specified in subparagraph (iv) of the\npreceding sentence.\n  (b) Such obligations shall be issued or incurred with the approval of\nthe director of the budget and shall be special limited obligations of\nthe authority secured by and payable solely out of amounts appropriated\nby the legislature as authorized pursuant to such section eleven of\nchapter three hundred twenty-nine of laws of nineteen hundred\nninety-one, as amended, and any other funds appropriated by the\nlegislature to the authority therefor without recourse against any other\nassets, revenues or funds of or other payments due to the authority.\n  (d) Such obligations shall contain on the face thereof a statement to\nthe effect that they shall not be deemed to be an obligation of the\nstate and that the state shall not be liable thereon.\n  (e) All of the provisions of this title relating to bonds and notes,\nwhich are not inconsistent with the provisions of this section, shall\napply to obligations authorized by this section, including but not\nlimited to the power to issue renewal notes or refunding bonds thereof.\n  (f) Notwithstanding any inconsistent provision of law, any place where\nreference to paragraph (c) of this subdivision is made in law it shall\nbe deemed to be a reference to paragraph (b) of this subdivision as\nrelettered by chapter six hundred thirty-seven of the laws of nineteen\nhundred ninety-six which added this paragraph.\n  2. Not less than one hundred twenty days before the beginning of each\nstate fiscal year, the chairman of the authority shall certify to the\ncomptroller and to the director of the budget a schedule of anticipated\ncash requirements for such fiscal year. The total amount so certified\nfor such fiscal year shall be equal to the total amount of the debt\nservice due or expected to be due during such fiscal year on obligations\nof the authority incurred pursuant to subdivision one of this section,\nincluding payments of interest and principal (including sinking fund\npayments), together with:\n  (a) the amount, if any, due to any provider of any insurance policy,\nletter of credit or other letter of enhancement or a related facility\nwith respect to such obligations, representing payments made by it as\nprovided in the applicable resolution or trust indenture as a result of\nany previous failure of the state to make any payment provided for in\nthis section, including any related reasonable interest, fees or charges\nso provided;\n  (b) the amount, if any, required to restore any applicable reserve\nfund to the applicable reserve fund requirement to the extent any\ndeficiency therein has resulted directly or indirectly from failure by\nthe state to make any payment provided for in this section;\n  (c) the amount, if any, required to be rebated to the United States to\nprovide for continued exclusion from federal income taxation of interest\non obligations of the authority; and\n  (d) the expenses of the establishment and continued operating expenses\nof the authority relating to local highway and bridge projects and\nproject costs for: construction, reconstruction, improvement,\nreconditioning and preservation of rail freight facilities and intercity\nrail passenger facilities and equipment; construction, reconstruction,\nimprovement, reconditioning and preservation of state, municipal and\nprivately owned ports; construction, reconstruction, improvement,\nreconditioning and preservation of municipal airports; privately owned\nairports and aviation capital facilities, excluding airports operated by\nthe state or operated by a bi-state municipal corporate instrumentality\nfor which federal funding is not available provided the project is\nconsistent with an approved airport layout plan; construction,\nreconstruction, enhancement, improvement, replacement, reconditioning,\nrestoration, rehabilitation and preservation of state, county, town,\ncity and village roads, highways, parkways and bridges; and\nconstruction, reconstruction, improvement, reconditioning and\npreservation of fixed ferry facilities of municipal and privately owned\nferry lines for transportation purposes, funded pursuant to section\neleven of chapter three hundred twenty-nine of the laws of nineteen\nhundred ninety-one, as amended, including, but not limited to, trustees'\nfees, fees payable to providers of credit facilities, fees for issuing\nand paying agents, remarketing agents and dealers, legal counsel,\nfinancial or other advisors or consultants, independent auditors,\nproviders of interest rate exchange agreements, rating agencies,\ntransfer or information agents, the publication of advertisements and\nnotices, surety arrangements, and printer's fees or charges incurred by\nthe authority to comply with applicable federal and state securities and\ntax laws; and any other costs of issuance in excess of the amount\nprovided therefor from the proceeds of the sale of such obligations, to\nthe extent that any of the foregoing amounts or expenses are not to be\npaid from other resources available to the authority for such purpose.\n  3. The chairman of the authority may revise such certification at such\ntimes as shall be determined by the chairman; provided, however, that\nthe chairman of the authority shall revise such certification not later\nthan thirty days after the issuance of any obligations authorized\npursuant to subdivision one of this section including refunding bonds,\nand the adoption of any interest rate exchange or other financial\narrangement affecting the cash requirements of the authority with\nrespect to the obligations incurred pursuant to this section.\n  4. Such certification shall provide for payments on such dates as the\nauthority deems appropriate to ensure that sufficient funds will be\navailable from the sources identified in this section to enable it to\nmeet its current obligations with respect to those obligations incurred\npursuant to this section as they become due.\n  5. Upon receipt of such certification, or any revision thereof, the\ncomptroller shall pay such amount to the authority in accordance with\nsuch certification, from the service contracts authorized pursuant to\nsection eleven of chapter 329 of the laws of nineteen hundred\nninety-one, as amended, or from any other amount appropriated for such\npurpose. Such payments shall be made on or before the date specified in\neach certificate or within thirty days after such receipt, whichever is\nlater, provided that all such amounts shall have been first appropriated\nby the state.\n  6. The state, acting through the director of the budget, and the\nauthority may enter into, amend, modify, or rescind one or more\nagreements providing for the specific manner, timing, and amount of\npayments to be made under this section, but only in conformity with this\nsection. The agreement of the state contained in this section shall be\ndeemed executory only to the extent of appropriations available for\npayments under this section and no liability on account of any such\npayment shall be incurred by the state beyond such appropriations.\n  7. The authorization, sale and issuance of bonds, notes or other\nobligations pursuant to this section shall not be deemed an action as\nsuch term is defined in article eight of the environmental conservation\nlaw for the purposes of such article. Such exemption shall be strictly\nlimited in its application to such financing activities of the authority\nand does not exempt the department of transportation or any other entity\nfrom compliance with such article.\n
N.Y. PBA Law § 1225-E — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-E
Administration of the fund
Status: in_force

§ 1225-e. Administration of the fund. (1) The fund shall be\nadministered by three trustees, one of whom shall be the director of the\nbudget. The remaining two trustees shall be appointed by the mayor, no\nmore than one of whom may be a city official. All city officials shall\nserve ex-officio. Trustees, except ex-officio trustees, shall serve for\na term expiring at the end of the term actually served by the officer\nmaking the appointment and shall be removable for cause by the mayor\nafter hearing on ten days notice. In the event of a vacancy occurring in\nthe office of a trustee by death, resignation or otherwise, a successor\nshall be chosen in the same manner as was the trustee whose office\nbecame vacant, to serve for the balance of the unexpired term.\n  (2) The mayor shall designate a chairman and a vice-chairman from\namong the trustees. The chairman shall preside over all meetings of the\ntrustees and shall have such other duties as the trustees of the fund\nmay direct. The vice-chairman shall preside over all meetings of the\ntrustees in the absence of the chairman and shall have such other duties\nas the trustees of the fund may direct.\n  (3) The trustees of the fund shall serve without salary, but each\ntrustee shall be reimbursed for his actual and necessary expenses\nincurred in the performance of his official duties as a trustee of the\nfund. The trustees of the fund may engage in private employment or in a\nprofession or business (if not otherwise prohibited from so doing by\nvirtue of any other public office), subject to the limitations contained\nin sections seventy-three and seventy-four of the public officers law.\nThe fund shall, for the purposes of such sections, be a "state agency"\nand the trustees thereof shall be "officers" of the agency for the\npurpose of said sections.\n  (4) Nothwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state of New York, any\ncity, county, town or village, any other political or civil division of\nthe state, any municipality, any governmental entity operating any\npublic school or college, any school district or any other public agency\nor instrumentality or unit of government which exercises governmental\npowers under the laws of the state, shall forfeit his office or\nemployment by reason of his acceptance of appointment as a trustee,\nofficer or agent of the fund; nor shall service as such trustee, officer\nor agent of the fund be deemed incompatible or in conflict with such\noffice or employment.\n  (5) A majority of the whole number of trustees then in office shall\nconstitute a quorum for the transaction of any business or the exercise\nof any power of the fund. Except as otherwise specified in this title,\nfor the transaction of any business or the exercise of any power of the\nfund, the fund shall have power to act by a majority of the trustees\npresent at any meeting at which a quorum is in attendance.  The fund may\ndelegate to one or more of its trustees, or officers, agents and\nemployees, such powers and duties as the trustees may deem proper.\n  (6) The fund may appoint officers, employees, and agents as it may\nrequire and prescribe their duties and fix their compensation, as\nhereinafter provided.\n  (7) On or before November fifteenth of each year, the fund shall\nsubmit to the city comptroller, the director of management and budget,\nand the chairman of the finance committee of the city council, a\nfinancial statement for the preceding city fiscal year, a report of its\nactivities during that year, and a report on its program for both the\ncurrent and next succeeding city fiscal years including but not limited\nto: (i) the estimated cost of the administration of the fund in the\nsucceeding city fiscal year and (ii) the amounts, if any, of all rentals\nand other payments to become due and estimated to become due in the\nsucceeding city fiscal year to the transportation authority from the\nfund pursuant to any lease or other agreement entered into between the\nfund and the transportation authority.\n
N.Y. RSS Law § 89-P — New York Code / Act RSS / Article 2 / Title 9 / Section 89-P
Optional twenty-five year retirement plan for certain sheriffs, undersheriffs, deputy sheriffs and correction officers whose employer ele...
Status: in_force

§ 89-p. Optional twenty-five year retirement plan for certain\nsheriffs, undersheriffs, deputy sheriffs and correction officers whose\nemployer elects to provide same. a. A member employed by a county shall\nbe eligible to retire pursuant to the provisions of this section if the\ncounty elects to make the benefits provided herein available as provided\nin subdivision j of this section and if he or she is (1) a sheriff or\nundersheriff, or a deputy sheriff who is engaged directly in criminal\nlaw enforcement activities; or (2) a correction officer. Such\neligibility shall be an alternative to the eligibility provisions\navailable under any other plan of this article to which such member is\nsubject. The comptroller shall have the authority to include positions\nherein that comprehend the same duties and responsibilities, but are\nnamed differently.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include (1) in\nthe case of a sheriff, undersheriff and/or correction officer, any and\nall services performed as a sheriff, undersheriff and/or correction\nofficer of his or her employer that makes the election provided for\nherein and all criminal law enforcement services performed as a deputy\nsheriff of such county, provided, however, that criminal law enforcement\nservice shall only be creditable when it aggregates fifty per centum or\nmore of his service as a deputy sheriff and (2) in the case of a deputy\nsheriff, all criminal law enforcement service shall only be creditable\nwhen it aggregates fifty per centum or more of such service and any and\nall services performed as a sheriff, undersheriff and/or correction\nofficer of such county.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. The sheriff (or the chief executive officer where correction\nofficers are not employed in a sheriff's department) of a county that\nmakes the election provided for in subdivision j of this section shall\ncertify to the comptroller, periodically and at such intervals of time\nas may be required of him and in such fashion as may be prescribed, the\nidentity of: (1) the deputy sheriffs in the sheriff's employ who are\nengaged directly in criminal law enforcement activities; and (2) the\neligible correction officers.\n  g. A member contributing on the basis of this section at the time of\nretirement shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserved-for-increased-take-home-pay to\nwhich he may then be entitled, shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  h. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of his or her employer that makes the election provided for\nherein.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. (1) Each county that elects pursuant to the provisions of this\nsubdivision shall pay the cost attributable therefor.\n  (2) The benefits of this section shall be available only to those\nmembers defined in subdivisions a and d of this section whose employer\nelects on or before June thirtieth, nineteen hundred ninety-nine to\nprovide such benefits by adopting a resolution to such effect and filing\na certified copy thereof with the comptroller. Such resolution may also\ncontain an election that any past service cost be paid over either a\nfive-year or ten-year period. Such resolution shall be accompanied by\nthe affidavit of the chief executive officer of the county that the\ncounty has received an estimate from the retirement system of the cost\nof the benefit provided by this section.\n  (3) Such resolution shall apply to all members defined in subdivisions\na and d of this section, except those already subject to a retirement\nplan which permits immediate retirement with a benefit upon a specified\nperiod of service of twenty-five years or less without regard to age.\n  k. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. ENV Law § 21-0901 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0901
Great Lakes Basin Compact
Status: in_force

§ 21-0901. Great Lakes Basin Compact.\n  The Great Lakes Basin Compact, as first enacted by chapter 643 of the\nlaws of l960, as reenacted by chapter 473 of the laws of 1961, and as\nrenumbered by chapter 73 of the laws of l962, is hereby continued. The\ncompact is as follows:\n  The party states solemnly agree:\n                                 ARTICLE I\n  The purposes of this compact are, through means of joint or\ncooperative action:\n  1. To promote the orderly, integrated, and comprehensive development,\nuse, and conservation of the water resources of the Great Lakes Basin\n(hereinafter called the Basin).\n  2. To plan for the welfare and development of the water resources of\nthe Basin as a whole as well as for those portions of the Basin which\nmay have problems of special concern.\n  3. To make it possible for the states of the Basin and their people to\nderive the maximum benefit from utilization of public works, in the form\nof navigational aids or otherwise, which may exist or which may be\nconstructed from time to time.\n  4. To advise in securing and maintaining a proper balance among\nindustrial, commercial, agricultural, water supply, residential,\nrecreational, and other legitimate uses of the water resources of the\nBasin.\n  5. To establish and maintain an intergovernmental agency to the end\nthat the purposes of this compact may be accomplished more effectively.\n                                ARTICLE II\n  A. This compact shall enter into force and become effective and\nbinding when it has been enacted by the legislatures of any four of the\nStates of Illinois, Indiana, Michigan, Minnesota, New York, Ohio,\nPennsylvania, and Wisconsin and thereafter shall enter into force and\nbecome effective and binding as to any other of said states when enacted\nby the legislature thereof.\n  B. The Province of Ontario and the Province of Quebec, or either of\nthem, may become states party to this compact by taking such action as\ntheir laws and the laws of the Government of Canada may prescribe for\nadherence thereto. For the purpose of this compact the word "state"\nshall be construed to include a Province of Canada.\n                                ARTICLE III\n  The Great Lakes Commission created by Article IV of this compact shall\nexercise its powers and perform its functions in respect to the Basin\nwhich, for the purposes of this compact, shall consist of so much of the\nfollowing as may be within the party states:\n  1. Lakes Erie, Huron, Michigan, Ontario, St. Clair, Superior, and the\nSt. Lawrence River, together with any and all natural or man-made water\ninterconnections between or among them.\n  2. All rivers, ponds, lakes, streams, and other watercourses which, in\ntheir natural state or in their prevailing condition, are tributary to\nLakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior or any of\nthem or which comprise part of any watershed draining into any of said\nlakes.\n                                ARTICLE IV\n  A. There is hereby created an agency of the party states to be known\nas The Great Lakes Commission, (hereinafter called the Commission). In\nthat name the Commission may sue and be sued, acquire, hold and convey\nreal and personal property and any interest therein. The Commission\nshall have a seal with the words "The Great Lakes Commission" and such\nother design as it may prescribe engraved thereon by which it shall\nauthenticate its proceedings. Transactions involving real or personal\nproperty shall conform to the laws of the state in which the property is\nlocated, and the Commission may by bylaws provide for the execution and\nacknowledgment of all instruments in its behalf.\n  B. The Commission shall be composed of not less than three\ncommissioners nor more than five commissioners from each party state\ndesignated or appointed in accordance with the law of the state which\nthey represent and serving and subject to removal in accordance with\nsuch law.\n  C. Each state delegation shall be entitled to three votes in the\nCommission. The presence of commissioners from a majority of the party\nstates shall constitute a quorum for the transaction of business at any\nmeeting of the Commission. Actions of the Commission shall be by a\nmajority of the votes cast except that any recommendations made pursuant\nto Article VI of this compact shall require an affirmative vote of not\nless than a majority of the votes cast from each of a majority of the\nstates present and voting.\n  D. The commissioners of any two or more party states may meet\nseparately to consider problems of particular interest to their states\nbut no action taken at any such meeting shall be deemed an action of the\nCommission unless and until the Commission shall specifically approve\nthe same.\n  E. In the absence of any commissioner, his vote may be cast by another\nrepresentative or commissioner of his state provided that said\ncommissioner or other representative casting said vote shall have a\nwritten proxy in proper form as may be required by the Commission.\n  F. The Commission shall elect annually from among its members a\nchairman and vice-chairman. The Commission shall appoint an Executive\nDirector who shall also act as secretary-treasurer, and who shall be\nbonded in such amount as the Commission may require. The Executive\nDirector shall serve at the pleasure of the Commission and at such\ncompensation and under such terms and conditions as may be fixed by it.\nThe Executive Director shall be custodian of the records of the\nCommission with authority to affix the Commission's official seal and to\nattest to and certify such records or copies thereof.\n  G. The Executive Director, subject to the approval of the Commission\nin such cases as its bylaws may provide, shall appoint and remove or\ndischarge such personnel as may be necessary for the performance of the\nCommission's functions. Subject to the aforesaid approval, the Executive\nDirector may fix their compensation, define their duties, and require\nbonds of such of them as the Commission may designate.\n  H. The Executive Director, on behalf of, as trustee for, and with the\napproval of the Commission, may borrow, accept, or contract for the\nservices of personnel from any state or government or any subdivision or\nagency thereof, from any intergovernmental agency, or from any\ninstitution, person, firm or corporation; and may accept for any of the\nCommission's purposes and functions under this compact any and all\ndonations, gifts, and grants of money, equipment, supplies, materials,\nand services from any state or government or any subdivision or agency\nthereof or intergovernmental agency or from any institution, person,\nfirm or corporation and may receive and utilize the same.\n  I. The Commission may establish and maintain one or more offices for\nthe transacting of its business and for such purposes the Executive\nDirector, on behalf of, as trustee for, and with the approval of the\nCommission, may acquire, hold and dispose of real and personal property\nnecessary to the performance of its functions.\n  J. No tax levied or imposed by any party state or any political\nsubdivision thereof shall be deemed to apply to property, transactions,\nor income of the Commission.\n  K. The Commission may adopt, amend and rescind bylaws, rules and\nregulations for the conduct of its business.\n  L. The organization meeting of the Commission shall be held within six\nmonths from the effective date of this compact.\n  M. The Commission and its Executive Director shall make available to\nthe party states any information within its possession and shall always\nprovide free access to its records by duly authorized representatives of\nsuch party states.\n  N. The Commission shall keep a written record of its meetings and\nproceedings and shall annually make a report thereof to be submitted to\nthe duly designated official of each party state.\n  O. The Commission shall make and transmit annually to the legislature\nand Governor of each party state a report covering the activities of the\nCommission for the preceding year and embodying such recommendations as\nmay have been adopted by the Commission. The Commission may issue such\nadditional reports as it may deem desirable.\n                                 ARTICLE V\n  A. The members of the Commission shall serve without compensation, but\nthe expenses of each commissioner shall be met by the state which he\nrepresents in accordance with the law of that state. All other expenses\nincurred by the Commission in the course of exercising the powers\nconferred upon it by this compact, unless met in some other manner\nspecifically provided by this compact, shall be paid by the Commission\nout of its own funds.\n  B. The Commission shall submit to the executive head or designated\nofficer of each party state a budget of its estimated expenditures for\nsuch period as may be required by the laws of that state for\npresentation to the legislature thereof.\n  C. Each of the Commission's budgets of estimated expenditures shall\ncontain specific recommendations of the amount or amounts to be\nappropriated by each of the party states. Detailed commission budgets\nshall be recommended by a majority of the votes cast, and the costs\nshall be allocated equitably among the party states in accordance with\ntheir respective interests.\n  D. The Commission shall not pledge the credit of any party state.  The\nCommission may meet any of its obligations in whole or in part with\nfunds available to it under Article IV (II) of this compact, provided\nthat the Commission takes specific action setting aside such funds prior\nto the incurring of any obligations to be met in whole or in part in\nthis manner. Except where the Commission makes use of funds available to\nit under Article IV (H) hereof, the Commission shall not incur any\nobligations prior to the allotment of funds by the party states adequate\nto meet the same.\n  E. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be\nsubject to the audit and accounting procedures established under the\nbylaws. However, all receipts and disbursements of funds handled by the\nCommission shall be audited yearly by a qualified public accountant and\nthe report of the audit shall be included in and become a part of the\nannual report of the Commission.\n  F. The accounts of the Commission shall be open at any reasonable time\nfor inspection by such agency, representative or representatives of the\nparty states as may be duly constituted for that purpose and by others\nwho may be authorized by the Commission.\n                                ARTICLE VI\n  The Commission shall have power to:\n  A. Collect, correlate, interpret, and report on data relating to the\nwater resources and the use thereof in the Basin or any portion thereof.\n  B. Recommend methods for the orderly, efficient, and balanced\ndevelopment, use, and conservation of the water resources of the Basin\nor any portion thereof to the party states and to any other governments\nor agencies having interests in or jurisdiction over the Basin or any\nportion thereof.\n  C. Consider the need for and desirability of public works and\nimprovements relating to the water resources in the Basin or any portion\nthereof.\n  D. Consider means of improving navigation and port facilities in the\nBasin or any portion thereof.\n  E. Consider means of improving and maintaining the fisheries of the\nBasin or any portion thereof.\n  F. Recommend policies relating to water resources including the\ninstitution and alteration of flood plain and other zoning laws,\nordinances and regulations.\n  G. Recommend uniform or other laws, ordinances, or regulations\nrelating to the development, use and conservation of the Basin's water\nresources to the party states or any of them and to other governments,\npolitical subdivisions, agencies or intergovernmental bodies having\ninterests in or jurisdiction sufficient to affect conditions in the\nBasin or any portion thereof.\n  H. Consider and recommend amendments or agreements supplementary to\nthis compact to the party states or any of them, and assist in the\nformulation and drafting of such amendments or supplementary agreements.\n  I. Prepare and publish reports, bulletins, and publications\nappropriate to this work and fix reasonable sale prices therefor.\n  J. With respect to the water resources of the Basin or any portion\nthereof, recommend agreements between the governments of the United\nStates and Canada.\n  K. Recommend mutual arrangements expressed by concurrent or reciprocal\nlegislation on the part of Congress and the Parliament of Canada\nincluding but not limited to such agreements and mutual arrangements as\nare provided for by Article XIII of the Treaty of 1909 Relating to\nBoundary Waters and Questions Arising Between the United States and\nCanada. (Treaty Series, No. 548).\n  L. Cooperate with the governments of the United States and of Canada,\nthe party states and any public or private agencies or bodies having\ninterests in or jurisdiction sufficient to affect the Basin or any\nportion thereof.\n  M. At the request of the United States, or in the event that a\nProvince shall be a party state, at the request of the Government of\nCanada, assist in the negotiation and formulation of any treaty or other\nmutual arrangement or agreement between the United States and Canada\nwith reference to the Basin or any portion thereof.\n  N. Make any recommendation and do all things necessary and proper to\ncarry out the powers conferred upon the Commission by this compact,\nprovided that no action of the Commission shall have the force of law\nin, or be binding upon, any party state.\n                                ARTICLE VII\n  Each party state agrees to consider the action the Commission\nrecommends in respect to:\n  A. Stabilization of lake levels.\n  B. Measures for combating pollution, beach erosion, floods, and shore\ninundation.\n  C. Uniformity in navigation regulations within the constitutional\npowers of the states.\n  D. Proposed navigation aids and improvements.\n  E. Uniformity or effective coordinating action in fishing laws and\nregulations and cooperative action to eradicate destructive and\nparasitical forces endangering the fisheries, wild life and other water\nresources.\n  F. Suitable hydroelectric power developments.\n  G. Cooperative programs for control of soil and bank erosion for the\ngeneral improvement of the Basin.\n  H. Diversion of waters from and into the Basin.\n  I. Other measures the Commission may recommend to the states pursuant\nto Article VI of this compact.\n                               ARTICLE VIII\n  This compact shall continue in force and remain binding upon each\nparty state until renounced by act of the legislature of such state, in\nsuch form and manner as it may choose and as may be valid and effective\nto repeal a statute of said state, provided that such renunciation shall\nnot become effective until six months after notice of such action shall\nhave been officially communicated in writing to the executive head of\nthe other party states.\n                                ARTICLE IX\n  It is intended that the provisions of this compact shall be reasonably\nand liberally construed to effectuate the purposes thereof. The\nprovisions of this compact shall be severable and if any phrase, clause,\nsentence or provision of this compact is declared to be contrary to the\nconstitution of any party state or of the United States, or in the case\nof a Province, to the British North America Act of 1867 as amended, or\nthe applicability thereof to any state, agency, person or circumstance\nis held invalid, the constitutionality of the remainder of this compact\nand the applicability thereof to any state, agency, person or\ncircumstance shall not be affected thereby, provided further that if\nthis compact shall be held contrary to the constitution of the United\nStates, or in the case of a Province, to the British North America Act\nof 1867 as amended, or of any party state, the compact shall remain in\nfull force and effect as to the remaining states and in full force and\neffect as to the state affected as to all severable matters.\n
N.Y. PBA Law § 1209-A — New York Code / Act PBA / Article 5 / Title 9 / Section 1209-A
Transit adjudication bureau
Status: in_force

§ 1209-a. Transit adjudication bureau. 1. Establishment. There is\nhereby created in the authority a transit adjudication bureau. The head\nof such bureau shall be the executive director, who shall be appointed\nby the president of the authority. The executive director may delegate\nthe powers and duties conferred upon the executive director by this\nsection to such qualified officers and employees of the bureau as he may\ndesignate.\n  2. Hearing officers. The president of the authority shall appoint\nhearing officers who shall preside at hearings for the adjudication of\ncharges of transit or railroad infractions, as hereinafter defined and\nthe adjudication of allegations of liability for violations of the rules\nand regulations of the triborough bridge and tunnel authority in\naccordance with section two thousand nine hundred eighty-five of this\nchapter, and who, as provided below, may be designated to serve on the\nappeals board of the bureau. Every hearing officer shall have been\nadmitted to the practice of law in this state for a period of at least\nthree years, and shall be compensated for their services on a per diem\nbasis determined by the bureau.\n  3. Jurisdiction. The bureau shall have, with respect to acts or\nincidents in or on the transit or railroad facilities of the authority\nor the metropolitan transportation authority or a subsidiary thereof\ncommitted by or involving persons who are sixteen years of age or over,\nand with respect to violation of toll collection regulations of the\ntriborough bridge and tunnel authority as described in section\ntwenty-nine hundred eighty-five of this chapter, non-exclusive\njurisdiction over violations of: (a) the rules which may from time to\ntime be established by the authority under subdivision five-a of section\ntwelve hundred four of this chapter; (b) article one hundred thirty-nine\nof the health code of the city of New York, as it may be amended from\ntime to time, relating to public transportation facilities; (c) article\nfour of the noise control code of the city of New York, as it may be\namended from time to time, insofar as it pertains to sound reproduction\ndevices; (d) the rules and regulations which may from time to time be\nestablished by the triborough bridge and tunnel authority in accordance\nwith the provisions of section twenty-nine hundred eighty-five of this\nchapter; and (e) rules and regulations which may from time to time be\nestablished by the metropolitan transportation authority or a subsidiary\nthereof in accordance with the provisions of section twelve hundred\nsixty-six of this chapter. Matters within the jurisdiction of the bureau\nexcept violations of the rules and regulations of the triborough bridge\nand tunnel authority shall be known for purposes of this section as\ntransit or railroad infractions, as applicable. Nothing herein shall be\nconstrued to divest jurisdiction from any court now having jurisdiction\nover any criminal charge or traffic infraction relating to any act\ncommitted in a transit or toll facility, or to impair the ability of a\npolice officer to conduct a lawful search of a person in a transit or\nrailroad facility. The criminal court of the city of New York shall\ncontinue to have jurisdiction over any criminal charge or traffic\ninfraction brought for violation of the rules of the authority, the\ntriborough bridge and tunnel authority or the metropolitan\ntransportation authority or a subsidiary thereof, as well as\njurisdiction relating to any act which may constitute a crime or an\noffense under any law of the state of New York or any municipality or\npolitical subdivision thereof and which may also constitute a violation\nof such rules. The bureau shall have concurrent jurisdiction with the\nenvironmental control board and the administrative tribunal of the\ndepartment of health over the aforesaid provisions of the health code\nand noise control code of the city of New York.\n  4. General powers. The bureau shall have the following functions,\npowers and duties:\n  a. To accept pleas (whether made in person or by mail) to, and to hear\nand determine, charges of transit and railroad infractions and\nallegations of civil liability pursuant to section two thousand nine\nhundred eighty-five of this chapter within its jurisdiction;\n  b. To impose civil penalties and to issue warnings for any transit or\nrailroad infraction within its jurisdiction, in accordance with a\npenalty schedule established by the authority or the metropolitan\ntransportation authority or a subsidiary thereof, as applicable, and the\nconditions set forth in subdivisions eleven and twelve of this section\nand subdivision four of section twelve hundred sixty-six of this\narticle, except that penalties for violations of the health code of the\ncity of New York shall be in accordance with the penalties established\nfor such violations by the board of health of the city of New York, and\npenalties for violations of the noise code of the city of New York shall\nbe in accordance with the penalties established for such violations by\nlaw, and civil penalties for violations of the rules and regulations of\nthe triborough bridge and tunnel authority shall be in accordance with\nthe penalties established for such violations by section twenty-nine\nhundred eighty-five of this chapter;\n  c. In its sole discretion, to suspend or forgive penalties or any\nportion of penalties imposed on the condition that the respondent\nvoluntarily agrees to perform and actually does satisfactorily perform\nunpaid services on transit or railroad facilities as assigned by the\nauthority, such as, without limitation, cleaning of rolling stock;\n  d. To adopt, amend and rescind rules and regulations not inconsistent\nwith any applicable provision of law to carry out the purposes of this\nsection, including but not limited to rules and regulations prescribing\nthe internal procedures and organization of the bureau, the manner and\ntime of entering pleas, the conduct of hearings, and the amount and\nmanner of payment of penalties;\n  e. To enter judgments and enforce them, without court proceedings, in\nthe same manner as the enforcement of money judgments in civil actions,\nas provided below;\n  f. To compile and maintain complete and accurate records relating to\nall warnings, charges and dispositions, which records shall be deemed\nexempt from disclosure under the freedom of information law as records\ncompiled for law enforcement purposes, and provided that, in the absence\nof an additional violation, records of a warning issued to an individual\nin accordance with paragraph a of subdivision eleven of this section\nshall be sealed or expunged as of the date that is four years after the\ndate that such warning was issued;\n  g. To apply to a court of competent jurisdiction for enforcement of\nany decision or order issued by such bureau or of any subpoena issued by\na hearing officer as provided in paragraph d of subdivision seven of\nthis section;\n  h. To enter into contracts with other government agencies, with\nprivate organizations, or with individuals to undertake on its behalf\nsuch functions as data processing, debt collections, mailing, and\ngeneral administration, as the executive director deems appropriate,\nexcept that the conduct by hearing officers of hearings and of appeals\nmay not be performed by outside contractors, and that biometric\nidentifying technology, including but not limited to facial recognition\ntechnology, may not be used or arranged for use by outside contractors\nto enforce or process transit and railroad infractions relating to the\npayment of fares;\n  i. To accept payment of penalties and to remit same to the authority\nor the metropolitan transportation authority or a subsidiary thereof, as\napplicable; and\n  j. To adjudicate the liability of motor vehicle owners for violations\nof rules and regulations established in accordance with the provisions\nof section two thousand nine hundred eighty-five of this chapter.\n  5. Notices of violation. The bureau shall prepare and distribute\nnotices of violation in blank to the transit police and any other person\nempowered by law, rule and regulation to serve such notices. The form\nand wording of the notice of violation shall be prescribed by the\nexecutive director, and it may be the same as any other notice of\nviolation or summons form already in use if said form meets the\nrequirements hereof. The notice of violation may include provisions to\nrecord information which will facilitate the identification and location\nof respondents, including but not limited to name, address, telephone\nnumbers, date of birth, social security number if otherwise permitted by\nlaw, place of employment or school, and name and address of parents or\nguardian if a minor. Notices of violation shall be issued only to\npersons who are sixteen years of age or over, and shall be served by\ndelivering the notice within the state to the person to be served. A\ncopy of each notice of violation served hereunder shall be filed and\nretained by said bureau, and shall be deemed a record kept in the\nordinary course of business, and, if sworn to or affirmed, shall be\nprima facie evidence of the facts contained therein. Said notice of\nviolation shall contain information advising the person charged of the\nmanner and the time within which such person may either admit or deny\nthe offense charged in the notice. Such notice of violation shall also\ncontain a warning to advise the person charged that failure to plead in\nthe manner and within the time stated in the notice may result in a\ndefault decision and order being entered against such person, and the\nimposition of supplemental penalties as provided in subdivision five-a\nof section twelve hundred four or subdivision four of section twelve\nhundred sixty-six of this chapter. A notice of violation shall not be\ndeemed to be a notice of liability issued pursuant to section two\nthousand nine hundred eighty-five of this chapter.\n  6. Defaults. Where a respondent has failed to plead to a notice of\nviolation or to a notice of liability issued pursuant to section two\nthousand nine hundred eighty-five of this chapter within the time\nallowed by the rules of said bureau or has failed to appear on a\ndesignated hearing date or a subsequent date following an adjournment,\nsuch failure to plead or appear shall be deemed, for all purposes, to be\nan admission of liability and shall be grounds for rendering a default\ndecision and order imposing a penalty in such amount as may be\nprescribed by the authority or the metropolitan transportation authority\nor a subsidiary thereof.\n  7. Hearings. a. (1) A person charged with a transit or railroad\ninfraction returnable to the bureau or a person alleged to be liable in\naccordance with the provisions of section two thousand nine hundred\neighty-five of this chapter who contests such allegation shall be\nadvised of the date on or by which such person must appear to answer the\ncharge at a hearing. Notification of such hearing date shall be given\neither in the notice of violation or in a form, the content of which\nshall be prescribed by the executive director or in a manner prescribed\nin section two thousand nine hundred eighty-five of this chapter. Any\nsuch notification shall contain a warning to advise the person charged\nthat failure to appear on or by the date designated, or any subsequent\nrescheduled or adjourned date, shall be deemed for all purposes, an\nadmission of liability, and that a default judgment may be rendered and\npenalties may be imposed. Where notification is given in a manner other\nthan in the notice of violation, the bureau shall deliver such notice to\nthe person charged, either personally or by registered or certified\nmail.\n  (2) Whenever a person charged with a transit or railroad infraction or\nalleged to be liable in accordance with the provisions of section two\nthousand nine hundred eighty-five of this chapter returnable to the\nbureau requests an alternate hearing date and is not then in default as\ndefined in subdivision six of this section, the bureau shall advise such\nperson personally, or by registered or certified mail, of the alternate\nhearing date on or by which such person must appear to answer the charge\nor allegation at a hearing. The form and content of such notice of\nhearing shall be prescribed by the executive director, and shall contain\na warning to advise the person charged or alleged to be liable that\nfailure to appear on or by the alternate designated hearing date, or any\nsubsequent rescheduled or adjourned date, shall be deemed for all\npurposes an admission of liability, and that a default judgment may be\nrendered and penalties may be imposed.\n  (3) Whenever a person charged with a transit or railroad infraction or\nalleged to be liable in accordance with the provisions of section two\nthousand nine hundred eighty-five of this chapter returnable to the\nbureau appears at a hearing and obtains an adjournment of the hearing\npursuant to the rules of the bureau, the bureau shall advise such person\npersonally, or by registered or certified mail, of the adjourned date on\nwhich such person must appear to answer the charge or allegation at a\ncontinued hearing. The form and content of such notice of a continued\nhearing shall be prescribed by the executive director, and shall contain\na warning to advise the person charged or alleged to be liable that\nfailure to appear on the adjourned hearing date shall be deemed for all\npurposes an admission of liability, and that a default judgment may be\nrendered and penalties may be imposed.\n  b. Every hearing for the adjudication of a charge of a transit or\nrailroad infraction or an allegation of liability under section two\nthousand nine hundred eighty-five of this chapter hereunder shall be\nheld before a hearing officer in accordance with the rules and\nregulations promulgated by the bureau.\n  c. The hearing officer shall not be bound by the rules of evidence in\nthe conduct of the hearing, except rules relating to privileged\ncommunications.\n  d. The hearing officer may, in their discretion, or at the request of\nthe person charged or alleged to be liable on a showing of good cause\nand need therefor, issue subpoenas to compel the appearance of any\nperson to give testimony, and issue subpoenas duces tecum to compel the\nproduction for examination or introduction into evidence of any book,\npaper or other thing relevant to the charges.\n  e. In the case of a refusal to obey a subpoena, the bureau may make\napplication to the supreme court pursuant to section twenty-three\nhundred eight of the civil practice law and rules, for an order\nrequiring such appearance, testimony or production of materials.\n  f. The bureau shall make and maintain a sound recording or other\nrecord of every hearing.\n  g. After due consideration of the evidence and arguments, the hearing\nofficer shall determine whether the charges or allegations have been\nestablished. No charge may be established except upon proof by clear and\nconvincing evidence except allegations of civil liability for violations\nof triborough bridge and tunnel authority rules and regulations will be\nestablished in accordance with the provisions of section two thousand\nnine hundred eighty-five of this chapter. Where the charges have not\nbeen established, an order dismissing the charges or allegations shall\nbe entered. Where a determination is made that a charge or allegation\nhas been established or if an answer admitting the charge or allegation\nhas been received, the hearing officer shall set a penalty in accordance\nwith the penalty schedule established by the authority or the\nmetropolitan transportation authority or its subsidiaries, or for\nallegations of civil liability in accordance with the provisions of\nsection two thousand nine hundred eighty-five of this chapter and an\nappropriate order shall be entered in the records of the bureau. The\nrespondent shall be given notice of such entry in person or by certified\nmail. This order shall constitute the final determination of the hearing\nofficer, and for purposes of review it shall be deemed to incorporate\nany intermediate determinations made by said officer in the course of\nthe proceeding. When no appeal is filed this order shall be the final\norder of the bureau.\n  8. Administrative and judicial review. a. There shall be appeals\nboards within the bureau which shall consist of three or more hearing\nofficers, as the executive director shall determine. The executive\ndirector shall select a chairman for each appeals board from the members\nso appointed.  No hearing officer may sit on an appeals board\nconsidering an appeal from a determination made by said hearing officer.\n  b. A party aggrieved by a final determination of a hearing officer may\nobtain a review thereof by serving upon the bureau, within thirty days\nof the bureau's service of its notice of entry of such order a notice of\nappeal setting forth the reasons why the determination should be\nreversed or modified. There shall be no interlocutory appeals.\n  c. An appeal from a final determination of a hearing officer shall be\nsubmitted to the appeals board, which shall have power to review the\nfacts and the law, but shall not consider any evidence which was not\npresented to the hearing officer, and shall have power to reverse or\nmodify any judgment appealed from for error of fact or law.\n  d. Appeals shall be made without the appearance of the appellant and\nappellant's attorney unless the presence of either or both are requested\nby the appellant, appellant's attorney, appellant's parent or guardian\nif appellant is a minor, or the appeals board. Within twenty days after\na request for an appearance, made by or for the appellant, appellant's\nattorney or the board, the bureau shall advise the appellant, either\npersonally or by registered or certified mail, of the date on which he\nor she shall appear. The appellant shall be notified in writing of the\ndecision of the appeals board.\n  e. A party may request and obtain a record of the proceedings\nresulting in a determination for which an appeal is sought, but the\nparty shall pay to the bureau the cost of providing such record. When a\nrecord is timely requested for the purpose of preparing an appeal, the\nbureau shall not thereafter cause the appeal to be heard or submitted\nless than ten days after the delivery or mailing of the record to\nappellant or appellant's attorney.\n  f. The service of a notice of appeal shall not stay the enforcement of\nan order appealed from unless the appellant shall have posted a bond in,\nor shall have paid, the amount of penalties imposed in the order\nappealed from within the time period established by rule of the bureau\nfor payment of penalties following entry of such an order.\n  g. No determination of a hearing officer which is appealable under the\nprovisions of this section shall be reviewed in any court unless an\nappeal has been filed and determined in accordance with this\nsubdivision. When an appeal has been filed, the order of the appeals\nboard shall be the final order of the bureau. Judicial review may be\nsought pursuant to article seventy-eight of the civil practice law and\nrules.\n  9. Enforcement of judgments. a. The bureau shall have the power to\nenforce its final decisions and orders imposing civil penalties for\nviolations of laws, rules and regulations enforced by it as if they were\nmoney judgments, without court proceedings, in the manner described\nherein.\n  b. Any final order of the bureau imposing a civil penalty, whether the\nadjudication was had by hearing or upon default or otherwise, shall\nconstitute a judgment rendered by the bureau which may be entered in the\ncivil court of the city of New York or any other place provided for the\nentry of civil judgments within the state, and, provided that no\nproceeding for judicial review shall then be pending, may be enforced\nwithout court proceedings in the same manner as the enforcement of money\njudgments entered in civil actions. A final order against any person or\npersons shall be a bar to the criminal prosecution of, and in the case\nof a minor, juvenile offender proceedings against, said person or\npersons for conduct upon which the order was based.\n  c. Notwithstanding the foregoing provisions: (1) Before a judgment\nbased upon a default may be so entered the bureau must have attempted to\nnotify the respondent by first class mail, in such form as the bureau\nmay direct: (i) of the default decision and order and the penalty\nimposed; (ii) that a judgment will be entered in the civil court of the\ncity of New York or any other place provided for the entry of civil\njudgments within the state; and (iii) the entry of such judgments may be\navoided by requesting a stay of default for good cause shown and either\nrequesting a hearing or entering a plea pursuant to the rules of the\nbureau within thirty days of the mailing of such notice.\n  (2) Upon receipt by the bureau of a copy of an order to show cause in\nlieu of a notice of petition, or of a notice of petition, served upon it\nin a proceeding for judicial review of any final order of the bureau\nwhich constitutes a judgment which may be entered in the civil court of\nthe city of New York or any other place provided for the entry of civil\njudgments within the state, the bureau shall forthwith serve by\nfirst-class mail the attorney for the petitioner in such proceeding, or\nif the petitioner has initiated the proceeding pro se, the petitioner,\nwith a notice stating whether or not a judgment was entered in any such\ncourt or other place provided for the entry of civil judgments within\nthe state prior to the pendency of such proceeding for judicial review.\nIf a judgment was so entered, such notice from the bureau also shall\ncontain: (i) the name and address of the court or other place in which\nthe judgment was entered, and (ii) identification of the judgment book,\nindex number, docket number, date of entry, other information or\ncombination of the foregoing, sufficient for the petitioner's attorney\nin such proceeding, or for the petitioner pro se, to locate such entry\nof judgment according to the indexing system utilized by the court or\nother place in which the judgment was entered. Proof of service of such\nnotice from the bureau shall be filed by the bureau with the court in\nwhich the proceeding for judicial review is pending at the same time as\nthe filing with the court of the bureau's first legal papers in such\nproceeding. The court in which the proceeding for judicial review is\npending shall not accept for filing the bureau's first legal papers in\nsuch proceeding unless such legal papers are accompanied by such proof\nof service.\n  10. Funds. All penalties collected pursuant to the provisions of this\nsection shall be paid to the authority to the credit of a transit crime\nfund which the authority shall establish. Any sums in this fund shall be\nused to pay for programs selected by the board of the metropolitan\ntransportation authority, in its discretion, to reduce the incidence of\ncrimes and infractions on transit and railroad facilities, or to improve\nthe enforcement of laws against such crimes and infractions. Such funds\nshall be in addition to and not in substitution for any funds provided\nby the state or any political subdivision within the metropolitan\ncommuter transportation district as established by section twelve\nhundred sixty-two of this article for such purposes.\n  11. Civil penalties relating to payment of transit fare violations.\nCivil penalties imposed by the bureau in connection with a violation by\na respondent of the rules of the authority or the MTA bus company\nrelating to the payment of fares shall adhere to the following\nconditions:\n  a. A violation that is the first such violation by a respondent\ncommitted in any four year period shall, absent exceptional\ncircumstances including a concurrent violation or violations by such\nindividual of the penal law or the rules of conduct of the New York city\ntransit authority or the MTA bus company which causes or may tend to\ncause harm to oneself or to any other person, or to the safe operation\nof the transit system, be punishable only by an official written warning\nissued according to and governed by the rules of the authority in all\nrespects; provided that such warning shall not be used for any purpose\nother than as a predicate to the imposition by the transit adjudication\nbureau of a civil penalty on such respondent pursuant to this\nsubdivision in the event of a subsequent violation, and provided further\nthat such information shall not be open to the public, nor subject to\ncivil or criminal process or discovery, nor used by any court or\nadministrative or adjudicatory body in any action or proceeding therein\nexcept that which is necessary for the adjudication of the notice of\nviolation pursuant to this subdivision or for inspection and copying and\nuse by the respondent.\n  b. A penalty for a violation that is the second such violation by a\nrespondent committed in any four year period shall not exceed one\nhundred dollars (exclusive of supplemental penalties, interest or costs\nassessed thereon). Upon payment by such respondent of the penalty in\nfull by the date due for such payment, absent exceptional circumstances\nas set forth in paragraph a of this subdivision, the bureau shall issue\na farecard to the respondent for use on transit facilities in an amount\nnot to exceed one-half of the penalty amount.\n  c. A penalty for a violation that is the third or subsequent such\nviolation by a respondent committed in any four year period shall not\nexceed one hundred fifty dollars (exclusive of supplemental penalties,\ninterest or costs assessed thereon).\n  d. In the case of a violation by a respondent who at the time of such\nviolation is enrolled in the fair fares program administered by the city\nof New York and provides to the bureau proof of such enrollment, the\npenalty amount for such violation shall not exceed fifty percent of the\npenalty amount applicable to such violation pursuant to the schedule of\nsuch penalties as may from time to time be established by rules of the\nauthority in accordance with paragraphs a through c of this subdivision\n(exclusive of supplemental penalties, interest or costs assessed\nthereon).\n  e. Notwithstanding paragraphs a through d of this subdivision, the\nbureau shall forgive penalties or any portion of penalties imposed on a\nrespondent for a violation of the rules of the authority or of the MTA\nbus company relating to the payment of fares on the condition that the\nrespondent enrolls in the fair fares program administered by the city of\nNew York and provides to the bureau proof of such enrollment.\n  12. Civil penalties relating to payment of railroad fare violations.\nCivil penalties imposed by the bureau in connection with a violation by\na respondent of the rules of the authority or the metropolitan\ntransportation authority or any of its subsidiaries relating to the\npayment of fares to the Metro-North railroad and Long Island rail road\nshall adhere to the following conditions:\n  a. In the case of a violation by a respondent who at the time of such\nviolation is enrolled in the fair fares program administered by the city\nof New York and provides to the bureau proof of such enrollment, the\npenalty amount for such violation shall not exceed fifty percent of the\npenalty amount applicable to such violation pursuant to the schedule of\nsuch penalties as may from time to time be established by rules of the\nauthority or metropolitan transportation authority or any of its\nsubsidiaries.\n  b. Notwithstanding the rules of the authority or the metropolitan\ntransportation authority or any of its subsidiaries, the bureau shall\nforgive penalties or any portion of penalties imposed on a respondent\nfor a violation of the rules of the authority or of the metropolitan\ntransportation authority or any of its subsidiaries relating to the\npayment of fares to the Metro-North railroad or Long Island rail road on\nthe condition that the respondent enrolls in the fair fares program\nadministered by the city of New York and provides to the bureau proof of\nsuch enrollment.\n  13. Reporting. Within two years of the effective date of this\nsubdivision, the metropolitan transportation authority shall begin\npublishing through the open data website established under section\ntwelve hundred seventy-nine-i of this article, data regarding fare\nevasion infractions adjudicated by the bureau, including without\nlimitation the number of transit and railroad infractions issued by\nlocation including, to the extent ascertainable, the subway stop, bus\nroute and/or stop if applicable, the number and percentage of transit or\nrailroad infractions for which a written warning was issued broken down\nby location including, to the extent ascertainable, the subway stop, bus\nroute and/or stop if applicable, the date and time of day of each\ninfraction, the number and percentage of transit and railroad\ninfractions issued wherein the infraction was a second or subsequent\ninfraction alleged against the respondent, and such other information as\nthe authority or bureau deem appropriate. No identifiable information\nabout individual violations shall be published in such reporting.\n
N.Y. ENV Law § 11-0927 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0927
Field trials
Status: in_force

§ 11-0927. Field trials.\n  1. No person shall hold a field trial except as provided in this\nsection or take part in a field trial not conducted in accordance with\nthe provisions of this section.\n  2. a. A field trial may be held on liberated game, liberated\nartificially propagated game, led or confined game legally possessed, or\non wild game on a licensed dog training area at any time without\nlicense, provided such game is not taken by shooting or otherwise\nkilled; and, on areas other than a licensed dog training area, such\nfield trials may be held on wild game from August 16 to April 15 without\nlicense, or at such other times when licensed by the department from\nApril 16 to August 15.\n  b. A permit from the department is required for liberation of any\nwildlife.\n  3. Wild game shall not be taken by shooting or otherwise killed in the\ncourse of a field trial. Other game on which a field trial may be held\nas provided in this section may be taken by shooting in the course of a\nfield trial, except a field trial held on a licensed dog training area,\nprovided a license for such shooting has been procured from the\ndepartment. Game so taken shall be immediately identified on forms\nprovided by the department until the game is finally prepared for\nconsumption.\n  4. Game so identified may be possessed, transported, bought and sold\nat any time, without limitation by section 11-0917 of this article.\n
N.Y. ENV Law § 33-0905 — New York Code / Act ENV / Article 33 / Title 9 / Section 33-0905
Pesticide applicator certification
Status: in_force

§ 33-0905. Pesticide applicator certification.\n  1. Any person who engages in the commercial or private application of\npesticides or the sale of restricted use pesticides shall be certified\nby the commissioner except as provided in subdivision two of this\nsection. No certification shall be valid unless the certified person\nalso holds a valid identification card issued by the commissioner.\n  2. The provisions of this article relating to registration and\ncertification shall not apply to:\n  a. residential application of pesticides as defined in this article;\nor\n  b. private application of a general use pesticide as defined in this\narticle.\n  2-a. The commissioner may, pursuant to paragraph e of subdivision\nthree of section 33-0303 of this article, adopt regulations on the use\nof pesticides including the appropriate method and setting for the use\nof pesticides classified by the United States environmental protection\nagency as an exempt material under 40 CFR part 152.25, often called\nminimum risk pesticides, which are exempt from the requirements of the\nFederal Insecticide, Fungicide and Rodenticide Act. Such regulations\nshall encompass all factors necessary to prevent damage or injury to\nhealth, property and wildlife.\n  3. a. Application for pesticide applicator certification shall be made\nto the commissioner. The application shall be on a form prescribed by\nthe commissioner and shall be accompanied by the fee or fees provided in\nsection 33-0911.\n  b. An applicant for certification shall satisfy the commissioner as to\nhis knowledge and experience concerning the proper use and application\nof pesticides and pesticide application equipment through examination\nprior to initial certification. Recertification shall be by training,\nworkbook, or examination as required by the commissioner.\n  c. Upon certification, the commissioner shall certify the applicant\nfor the appropriate category of certification and shall issue a\ncertification identification card to the applicant. The certification\nmay restrict the applicant to the use of a certain type or types of\nequipment or materials.\n  d. Except as provided in paragraph e of this subdivision, pesticide\napplicator certifications shall be valid for three years after which\nevery applicator shall recertify according to the requirements then in\neffect. Certification identification cards shall be valid for three\nyears.\n  e. Private applicator certifications shall be valid for five years\nafter which every such applicator shall recertify according to the\nrequirements then in effect. Private applicator certification\nidentification cards shall be valid for five years.\n  g. The commissioner is authorized to provide all examinations,\ntraining materials, applications, and any other forms or written\nmaterials necessary for a private and/or commercial applicator\ncertification in Spanish for applicants whose primary language is\nSpanish and for other languages if the commissioner deems it necessary.\nThe commissioner may require applicants for registration of pesticides\nto make available pesticide label information and instructions in\nSpanish and other languages, when necessary, for applicators certified\nin Spanish or other languages.\n  4. Certified pesticide applicators shall maintain such records and\nshall furnish such reports concerning the application of pesticides as\nthe commissioner shall require. All records required to be kept under\nthis section shall be available for inspection by the commissioner.\n  5. a. Every certified applicator shall, prior to the application of a\npesticide within or on the premises of a dwelling, supply the occupants\ntherein with a copy of the information, including any warnings,\ncontained on the label of the pesticide to be applied. Such information\nshall be supplied in either a written, digital or electronic format\nwhich shall be determined by the occupants of such dwelling, provided\nhowever that the certified applicator must also have a written copy of\nsuch information in his/her possession.\n  b. Except as provided in paragraph c of this subdivision, every\ncertified applicator shall, prior to the application of a pesticide\nwithin or on the premises of a multiple dwelling, building, or structure\nother than a dwelling supply the owner or his agent, with a copy of the\ninformation, including all warnings, contained on the label of the\npesticide to be applied. Such information shall be supplied in either a\nwritten, digital or electronic format which shall be determined by the\nowner or his or her agent, provided however that the certified\napplicator must also have a written copy of such information in his or\nher possession. Such owner or agent shall make available upon request at\nreasonable times such information in written or electronic form if\navailable to the occupants or residents of such multiple dwelling,\nbuilding, or structure.\n  c. In the case where an occupant of a multiple dwelling unit retains a\ncertified applicator to apply pesticides within such unit, such\ncertified applicator shall, prior to the application of a pesticide,\nsupply any information, including all warnings, contained on the label\nof the pesticides to the occupants.\n  d. For the purposes of this subdivision:\n  (i) A "dwelling" is any building or structure or portion thereof which\nis occupied in whole or in part as the home, residence or sleeping place\nfor one or two families;\n  (ii) A "multiple dwelling" shall mean any dwelling which is to be\noccupied by or is occupied as the residence or home of three or more\nfamilies living independently of each other;\n  (iii) A "multiple dwelling unit" shall mean that portion of a multiple\ndwelling occupied by one or more persons as the residence or home of\nsuch persons; and\n  (iv) "Premises" shall mean land and improvements or appurtenances or\nany part thereof.\n
N.Y. PBA Law § 362 — New York Code / Act PBA / Article 2 / Title 9 / Section 362
Assistance by state officers, departments, boards, divisions and commissions
Status: in_force

§ 362. Assistance by state officers, departments, boards, divisions\nand commissions. At the request of the authority, engineering and legal\nservices for such authority shall be performed by forces or officers of\nthe department of transportation and the department of law respectively,\nand all other state officers, departments, boards, divisions and\ncommissions shall render services within their respective functions. At\nthe request of the authority, services in connection with the collection\nof any charges or fees for the use of the thruway or any part thereof\nmay be performed by the department of motor vehicles.\n
N.Y. RSS Law § 89-F — New York Code / Act RSS / Article 2 / Title 9 / Section 89-F
Retirement of county correction officers in Suffolk county
Status: in_force

§ 89-f. Retirement of county correction officers in Suffolk county. a.\nAny member who is employed in Suffolk county as a correction officer\nshall be eligible to retire pursuant to the provisions of this section.\nSuch eligibility shall be an alternative to the eligibility provisions\navailable under any other plan of this article to which such member is\nsubject. The sheriff shall certify to the comptroller, periodically and\nat such intervals of time as may be required of him and in such fashion\nas may be prescribed, the identity of the eligible correction officers\nin his employ.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. (1) Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of such member's\naccumulated contributions at the time of such member's retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which such member may then be\nentitled shall be sufficient to provide such member with a retirement\nallowance equal to one-half of such member's final average salary.\n  (2) Upon completion of thirty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of such member's\naccumulated contributions at the time of such member's retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which such member may then be\nentitled shall be sufficient to provide such member with a retirement\nallowance equal to sixty percent of such member's final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as a correction officer of Suffolk county.\n  e. As used in this section, "correction officer" means a correction\nofficer, warden, deputy warden or chief of staff.\n  f. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  g. A member contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years or\nthirty years of total creditable service. Application therefor may be\nfiled in a manner similar to that provided in section seventy of this\narticle. Upon completion of twenty-five years or thirty years of such\nservice and upon retirement, each such member shall receive a pension\nwhich, together with an annuity which shall be the actuarial equivalent\nof such member's accumulated contributions at the time of such member's\nretirement and an additional pension which is the actuarial equivalent\nof the reserve-for-increased-take-home-pay to which such member may then\nbe entitled shall be sufficient to provide such member with a retirement\nallowance equal to one-half of such member's final average salary for a\nmember retiring after the completion of twenty-five years, or a\nretirement allowance equal to sixty percent of such member's final\naverage salary for a member retiring after the completion of thirty\nyears.\n  h. In computing the twenty-five years or thirty years of total service\nof a member pursuant to this section full credit shall be given and full\nallowance shall be made for service of such member in time of war after\nWorld War I as defined in section two of this chapter, provided such\nmember at the time of such member's entrance into the armed forces was\nin the service of the county of Suffolk.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. ENV Law § 11-0931 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0931
Prohibitions on the use and possession of firearms
Status: in_force

§ 11-0931. Prohibitions on the use and possession of firearms.\n  1. No person except a law enforcement officer in the performance of\nhis official duties shall use in hunting or possess in the fields or\nforests or on the waters of the state for any purpose:\n  a. the apparatus known as a silencer;\n  b. any automatic firearm, or any firearm which has been converted to\nan automatic type, or any firearm which has a built-in mechanical\nadjustment which will permit it to function as an automatic arm; or\n  c. any auto-loading firearm of a construction to contain more than six\nshells in the magazine and chamber combined, except\n  (1) such a firearm using twenty-two caliber rim-fire ammunition, or\n  (2) such a firearm which has been altered so as to reduce its capacity\nto not more than six shells at one time in the magazine and chamber\ncombined, or\n  (3) an auto-loading pistol having a barrel less than eight inches in\nlength.\n  d. An automatic firearm is defined as one which will continue to fire\nas long as the trigger is held back. An auto-loading firearm is defined\nas one which reloads itself after each shot and requires that the\ntrigger be pulled back for each shot.\n  * 2. a. No crossbow or firearm except a pistol or revolver shall be\ncarried or possessed in or on a motor vehicle unless it is uncocked, for\na crossbow or unloaded, for a firearm in both the chamber and the\nmagazine, except that a loaded firearm which may be legally used for\ntaking migratory game birds may be carried or possessed in a motorboat\nwhile being legally used in hunting migratory game birds, and b. no\nperson except a law enforcement officer in the performance of his\nofficial duties or a nuisance wildlife specialist with a permit issued\npursuant to section 11-0522-a of this article, provided that such\nactivities are in furtherance of the site-specific deer management plan,\nshall, while in or on a motor vehicle, use a jacklight, spotlight or\nother artificial light upon lands inhabited by deer if he or she is in\npossession or is accompanied by a person who is in possession, at the\ntime of such use, of a longbow, crossbow or a firearm of any kind except\na pistol or revolver, unless such longbow or crossbow is unstrung or\nsuch firearm or crossbow is taken down or securely fastened in a case or\nlocked in the trunk of the vehicle. For purposes of this subdivision,\nmotor vehicle shall mean every vehicle or other device operated by any\npower other than muscle power, and which shall include but not be\nlimited to automobiles, trucks, motorcycles, tractors, trailers and\nmotorboats, snowmobiles and snowtravelers, whether operated on or off\npublic highways. Notwithstanding the provisions of this subdivision, the\ndepartment may issue a permit to any person who is non-ambulatory,\nexcept with the use of a mechanized aid, to possess a loaded firearm in\nor on a motor vehicle as defined in this section, subject to such\nrestrictions as the department may deem necessary in the interest of\npublic safety. Nothing in this section permits the possession of a\npistol or a revolver contrary to the penal law.\n  * NB Effective until January 1, 2027\n  * 2. No crossbow or firearm except a pistol or revolver shall be\ncarried or possessed in or on a motor vehicle unless it is uncocked, for\na crossbow or unloaded, for a firearm in both the chamber and the\nmagazine, except that a loaded firearm which may be legally used for\ntaking migratory game birds may be carried or possessed in a motorboat\nwhile being legally used in hunting migratory game birds, and no person\nexcept a law enforcement officer in the performance of his official\nduties shall, while in or on a motor vehicle, use a jacklight, spotlight\nor other artificial light upon lands inhabited by deer if he or she is\nin possession or is accompanied by a person who is in possession, at the\ntime of such use, of a longbow, crossbow or a firearm of any kind except\na pistol or revolver, unless such longbow or crossbow is unstrung or\nsuch firearm or crossbow is taken down or securely fastened in a case or\nlocked in the trunk of the vehicle. For purposes of this subdivision,\nmotor vehicle shall mean every vehicle or other device operated by any\npower other than muscle power, and which shall include but not be\nlimited to automobiles, trucks, motorcycles, tractors, trailers and\nmotorboats, snowmobiles and snowtravelers, whether operated on or off\npublic highways. Notwithstanding the provisions of this subdivision, the\ndepartment may issue a permit to any person who is non-ambulatory,\nexcept with the use of a mechanized aid, to possess a loaded firearm in\nor on a motor vehicle as defined in this section, subject to such\nrestrictions as the department may deem necessary in the interest of\npublic safety. Nothing in this section permits the possession of a\npistol or a revolver contrary to the penal law.\n  * NB Effective January 1, 2027\n  3. No person shall discharge a firearm in a "restricted area"\nestablished pursuant to section 11-0321, contrary to the terms of the\nrestriction prohibiting or restricting such discharge.\n  4. a. No person shall:\n  (1) discharge a firearm, crossbow or long bow in such a way as will\nresult in the load, bolt, or arrow thereof passing over a public highway\nor any part thereof;\n  (2) discharge a firearm within five hundred feet, a long bow within\none hundred fifty feet, or a crossbow within two hundred fifty feet from\na dwelling house, farm building or farm structure actually occupied or\nused, school building, school playground, public structure, or occupied\nfactory or church;\n  (3) use a firearm or a long bow for the hunting of migratory game\nbirds in Larchmont Harbor, specifically those portions bounded by the\nfollowing points of land:\n  BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF\nLARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR\nISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO\nDELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY\nDIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA\nBETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE\nSOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN\nSOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.\n  (4) Use of a firearm or a long bow for the hunting of migratory game\nbirds in Udall's Cove, specifically those portions of Little Neck Bay\nwithin Nassau and Queens counties lying east of a line running north\nfrom the foot of Douglaston Parkway to the shore opposite.\n  b. The prohibitions contained in subparagraph 2 of paragraph a above\nshall not apply to:\n  * (1) The owner or lessee of the dwelling house, or members of his\nimmediate family actually residing therein, or a person in his employ,\nor the guest of the owner or lessee of the dwelling house acting with\nthe consent of said owner or lessee, provided however, that nothing\nherein shall be deemed to authorize such persons to discharge a firearm\nwithin five hundred feet, a long bow within one hundred fifty feet, or a\ncrossbow within two hundred fifty feet of any other dwelling house, or a\nfarm building or farm structure actually occupied or used, or a school\nbuilding or playground, public structure, or occupied factory or church;\nprovided further, that a nuisance wildlife specialist with a permit\nissued pursuant to section 11-0522 of this article acting in furtherance\nof the site specific deer management plan may discharge a firearm within\nfive hundred feet of any dwelling houses, structures, schools or\nplaygrounds, provided that the owners or lessees thereof have been\nnotified by certified mail of the date or dates, and time period of the\nexpected activity, and discharge a firearm within two hundred fifty feet\nof such dwelling houses, structures, schools or playgrounds provided\nthat all the owners or lessees thereof have provided written consent;\nprovided further, that a nuisance wildlife specialist with a permit\nissued pursuant to section 11-0522-a of this article acting in\nfurtherance of the site-specific deer management plan may discharge a\nfirearm within five hundred feet of any dwelling houses, structures,\nschools or playgrounds, provided that the owners or lessees thereof have\nbeen notified by certified mail of the date or dates and time period of\nthe expected activity, and discharge a firearm within two hundred fifty\nfeet of such dwelling houses, structures, schools or playgrounds\nprovided that all the owners or lessees thereof have provided written\nconsent;\n  * NB Effective until January 1, 2027\n  * (1) The owner or lessee of the dwelling house, or members of his\nimmediate family actually residing therein, or a person in his employ,\nor the guest of the owner or lessee of the dwelling house acting with\nthe consent of said owner or lessee, provided however, that nothing\nherein shall be deemed to authorize such persons to discharge a firearm\nwithin five hundred feet, a long bow within one hundred fifty feet, or a\ncrossbow within two hundred fifty feet of any other dwelling house, or a\nfarm building or farm structure actually occupied or used, or a school\nbuilding or playground, public structure, or occupied factory or church;\n  * NB Effective January 1, 2027\n  (2) Programs conducted by public schools offering instruction and\ntraining in the use of firearms or long bow;\n  (3) The authorized use of a pistol, rifle or target range regularly\noperated and maintained by a police department or other law enforcement\nagency or by any duly organized membership corporation;\n  (4) The discharge of a shotgun over water by a person hunting\nmigratory game birds if no dwelling house, farm building or farm\nstructure actually occupied or used, school building, school playground,\nor public structure, factory or church, livestock or person is situated\nin the line of discharge less than five hundred feet from the point of\ndischarge.\n  5. a. No person shall use a rifle for hunting on Long Island or in\nWestchester County. If a person be found carrying a rifle in the\nwoodlands on Long Island or in Westchester County, that fact shall be\npresumptive evidence that he is illegally using it for hunting in that\narea; but this provision does not apply to members of a duly organized\ntarget shooting club carrying unloaded rifles to and from the target\nrange.\n  b. In the counties, or parts of counties, where the use of a rifle\nother than a muzzle loading firearm is not permitted in the taking of\ndeer, a person afield shall not possess a rifle larger than twenty-two\ncaliber rim-fire other than a muzzle loading firearm during the open\nseason for deer.\n  c. In the Northern Zone no person, while engaged in hunting with the\naid of a dog or while afield accompanied by a dog, shall possess a rifle\nlarger than .22 caliber using rim-fire ammunition or possess a shotgun\nloaded with a slug, ball or buckshot, or possess a crossbow; but this\nparagraph does not apply to persons, engaged in coyote hunts with dogs\nduring any open season on coyotes established pursuant to the provisions\nof section 11-0903 of this title.\n  6. No person while engaged in hunting deer or bear pursuant to a\nbowhunting privilege, and no person accompanying him or her or a member\nof his or her party, while he or she is so engaged during a special\nlongbow season, shall have in his or her possession a firearm of any\nkind, and no person while engaged in hunting deer or bear pursuant to a\nmuzzle-loading privilege, and no person accompanying him or her or a\nmember of his or her party, while he or she is so engaged during a\nspecial muzzle-loading firearm season, shall have in his or her\npossession a firearm of any kind other than a muzzle-loading firearm.\n  7. During any open season for deer, a person afield shall not possess\nshotgun shells loaded with a slug or ball unless he holds a valid\nlicense or permit to take deer or bear.\n  8. a. No person in Westchester, Nassau, or Suffolk county shall\ndischarge a crossbow within five hundred feet of a dwelling house, a\nfarm building or farm structure actually occupied or used, or a school\nbuilding or playground, public structure, or occupied factory or church.\n  b. A county not enumerated in paragraph a of this subdivision may opt\nby local law to be covered by the provisions of such paragraph.\n
N.Y. RSS Law § 89-D — New York Code / Act RSS / Article 2 / Title 9 / Section 89-D
Optional twenty year retirement plan for detective investigators, criminal investigators, senior criminal investigators, confidential cri...
Status: in_force

§ 89-d. Optional twenty year retirement plan for detective\ninvestigators, criminal investigators, senior criminal investigators,\nconfidential criminal investigators, assistant criminal investigators\nand criminal investigators/arson in the office of a district attorney in\ncounties which have elected to provide same. (a) Any member who is a\ndetective investigator, criminal investigator, senior criminal\ninvestigator, confidential criminal investigator, assistant criminal\ninvestigator and criminal investigator/arson in the office of a district\nattorney who is engaged directly in criminal law enforcement activities,\nmay elect to contribute to the retirement system on the basis of\nretirement after the completion of twenty years of total creditable\nservice pursuant to this section within one year after the county\nwherein he is so engaged elects to make the benefits provided herein\navailable. One year or more after the filing of an election, a member\nmay withdraw any such election by written notice duly acknowledged and\nfiled with the comptroller.\n  (b) On and after a county elects to make the benefits provided herein\navailable, every detective investigator, criminal investigator, senior\ncriminal investigator, confidential criminal investigator, assistant\ncriminal investigator and criminal investigator/arson in the office of a\ndistrict attorney, entering or re-entering service as such and within\none year from the date of entry or re-entry, may elect to contribute to\nthe retirement system pursuant to this section. One year or more after\nthe filing thereof, a member may withdraw any such election by written\nnotice duly acknowledged and filed with the comptroller.\n  (c) Elections shall be in writing and shall be duly executed and filed\nwith the comptroller.\n  (e) A member who elects or is required to contribute in accordance\nwith subdivision (a) of this section shall contribute, in lieu of the\nproportion of compensation as provided in section twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be computed to provide, at the time when he\nshall first become eligible for retirement under this section, an\nannuity equal to one-eightieth of his final average salary for each year\nof creditable service and as a member rendered after the county wherein\nhe is engaged elected the provisions of this section and prior to the\nattainment of the age when he shall first become eligible for\nretirement. Such member's rate of contribution pursuant to this section\nshall be appropriately reduced pursuant to section seventy-a of this\narticle for such period of time as the county wherein he is engaged\ncontributes pursuant to such section towards\npensions-providing-for-increased-take-home-pay. Such member's\ncontribution, reduced as aforesaid, shall also be appropriately further\nreduced by any multiple of twenty-five percentum of such contribution,\nreduced as aforesaid, which the county wherein he is engaged has elected\nto contribute on his behalf in lieu of such member's contributions\npursuant to this subdivision. No such member shall be required to make\ncontributions after completing twenty years of such service, except as\nis provided in subdivision (m) of this section.\n  (f) (1) A member then covered by the provisions of this section shall\nbe entitled to retire after the completion of twenty years of total\ncreditable service and shall retire upon attainment of age sixty-two by\nfiling an application therefor with the comptroller.\n  (2) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which is the actuarial equivalent of his accumulated\ncontributions, if any, at the time of his retirement, and an additional\npension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, shall be sufficient to provide him with a retirement allowance\nequal to one-half of his final average salary.\n  (3) Upon attainment of the mandatory retirement age of sixty-two\nyears, and upon retirement without completion of twenty years of such\nservice, each such member shall receive a pension which together with an\nannuity which is the actuarial equivalent of his accumulated\ncontributions at the time of his retirement and an additional pension\nwhich is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled,\nshall be sufficient to provide him with a retirement allowance equal to\none-fortieth of his final average salary for each year of creditable\nservice in a district attorney's office.  Every such member shall also\nbe entitled to an additional pension for other service as provided under\nparagraphs three and four of subdivision a of section seventy-five of\nthis article. This latter pension shall not increase the total allowance\nto more than one-half of his final average salary.\n  (4) For the purpose only of determining the amount of the pension\nprovided in subdivisions (f) and (m) of this section, the annuity shall\nbe computed as it would be if it were not reduced by the actuarial\nequivalent of any outstanding loan, and if it were not increased by the\nactuarial equivalent of any additional contributions, and if it were not\nreduced by reason of the member's election to decrease his annuity\ncontributions to the retirement system in order to apply the amount of\nsuch reduction in payment of his contributions for old-age and survivors\ninsurance coverage.\n  (g) The entire additional cost for the increased pensions to members,\nas provided by this section, shall be paid from additional contributions\nmade by the participating employer on account of such members. The\nactuary of the retirement system shall compute the additional\ncontribution required for each member who elects to receive the special\nbenefits provided under this section. Such additional contributions\nshall be computed on the basis of contributions during the prospective\nservice of such member which will cover the liability of the retirement\nsystem for such extra pensions. Upon approval of the comptroller, such\nadditional contributions shall be certified by him to the fiscal officer\nof the participating employer. The amount thereof shall be included in\nthe annual appropriation of the participating employer for its district\nattorney's office. Such amount shall be paid to the pension accumulation\nfund of the retirement system.\n  (h) As used in this section "creditable service" shall include all\ncriminal law enforcement services performed as a detective investigator,\ncriminal investigator, senior criminal investigator, confidential\ncriminal investigator, assistant criminal investigator or criminal\ninvestigator/arson in the office of a district attorney, provided,\nhowever, that criminal law enforcement service shall only be creditable\nwhen it aggregates fifty percentum or more of such service.\n  (i) Credit for service as a member or officer of the state police, or\nas a paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district or as a sheriff, undersheriff or\nregular deputy sheriff or as a criminal investigator in the office of a\ndistrict attorney, shall also be deemed to be creditable service and\nshall be included in computing years of total service for retirement\npursuant to this section, provided such service was performed by the\nmember while contributing to the retirement system pursuant to this\narticle or article eight of this chapter.\n  (j) The county wherein the member is engaged may, in its initial\naction taken under this section or subsequent thereto, elect to assume\nand pay all or part of the additional cost on account of service\nrendered to the county prior to the effective date of such election and,\nin addition, may in its initial action taken under this section or\nsubsequent thereto, elect to assume and pay all or any multiple of\ntwenty-five per centum of the additional cost on account of service\nrendered on and after the effective date of such election. The county\nshall pay the additional cost so assumed by any such election by means\nof annual contributions which shall be determined by the actuary.\n  (k) A member contributing on the basis of this section at the time of\nretirement, shall be retired on December thirty-first of the year in\nwhich he attains sixty-two years of age. Application therefor may be\nfiled in a manner similar to that provided in section seventy of this\narticle.\n  (l) The benefits of this section shall be available only to those\nmembers whose employer elects to provide such benefits by adopting a\nresolution to such effect and filing a certified copy thereof with the\ncomptroller.\n  (m) Upon completion of twenty years of total creditable service and\nupon retirement, each member covered by the plan provided by this\nsection shall receive, for each year of creditable service in excess of\ntwenty, but not more than ten such years, an additional retirement\nallowance equal to one-sixtieth of his final average salary for each\nsuch year of such service; provided, however, that this benefit shall be\navailable only after the county employing such member elects\nspecifically to provide this benefit. Member contributions, if any,\nshall be computed in a manner consistent with subdivision (e) of this\nsection so as to provide an annuity of one hundred twentieth of final\naverage salary for each such year of service and employers shall have\nthe further option to reduce contributions in a manner similar to that\nprovided in said subdivision (e).\n  (n) Notwithstanding the provisions of article eleven of this chapter,\na detective investigator, criminal investigator, senior criminal\ninvestigator, confidential criminal investigator, assistant criminal\ninvestigator and criminal investigator/arson in the office of district\nattorney that otherwise qualifies for retirement under this section may\nretire after the completion of twenty years total creditable service\nwithout regard to age with a retirement allowance equal to one-half of\nsuch persons final average salary.\n  (o) The provisions of this section shall, subject to the provisions of\nsection seventy-six of this article, apply to members who, on and after\nJune first, nineteen hundred eighty-three retire or separate in vested\nstatus from service with a participating employer who has elected to\nprovide the benefits hereunder.\n
N.Y. PBA Law § 1206-A — New York Code / Act PBA / Article 5 / Title 9 / Section 1206-A
Transit construction fund
Status: in_force

§ 1206-a. Transit construction fund. In addition to the powers\nprovided elsewhere in this title, and to effectuate the purposes of the\ntransit construction fund act, constituting title nine-a of article five\nof this chapter, the authority or any subsidiary may: (a) acquire and\nuse any transit facility in accordance with the terms and conditions of\nany sublease or other agreement with the transit construction fund; (b)\nauthorize the use by the transit construction fund, either with or\nwithout compensation to the authority, of the agents, employees and\nfacilities of the authority; (c) make and execute contracts, leases,\nsubleases and all other instruments or agreements deemed necessary or\nconvenient including agreements with the metropolitan transportation\nauthority and the transit construction fund; and (d) do any and all\nother things deemed necessary or convenient.\n
N.Y. ENV Law § 19-0907 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0907
Sulfur deposition control program
Status: in_force

§ 19-0907. Sulfur deposition control program.\n  1. No later than January first, nineteen hundred eighty-five, the\ndepartment shall:\n  a. Identify and publish a preliminary list of the sensitive receptor\nareas of the state with respect to sulfate deposition.\n  b. Measure or estimate wet and dry sulfate deposition at each of these\nsensitive receptor areas, including:\n  (i) total sulfate deposition from all sources; and\n  (ii) total sulfate deposition from instate sources; and\n  (iii) the ratio of total sulfate deposition from instate sources to\ntotal sulfate deposition from all sources.\n  c. Identify and publish a preliminary list of environmental threshold\nvalues for each sensitive receptor area.\n  d. Identify and publish a preliminary list or inventory of all\nfacilities and stationary sources in the state which emit sulfur\ndioxide.\n  e. Prepare such supporting documentation as the department considers\nappropriate.\n  2. a. Before publishing any preliminary list or report pursuant to\nsubdivision one of this section, the department shall conduct a review\nof all appropriate existing acid deposition reports and data as prepared\nby the department, other agencies of the state, agencies of other\nstates, agencies of the federal government or agencies of foreign\ngovernments. The department shall further review appropriate acid\ndeposition reports, data, documents, studies, surveys or analyses as\ncurrently exist in the scientific literature.\n  b. The department shall set forth in writing its presuppositions and\nassumptions, mathematical modeling techniques, sampling methodologies,\nand analytical protocols, based upon existing scientific knowledge, that\nare utilized to derive the preliminary lists and reports required by\nthis section.\n  3. Based on the activities listed in subdivisions one and two of this\nsection, the department shall formulate a preliminary final control\ntarget for each sensitive receptor area, and shall develop a strategy\nidentifying any emissions reductions for the various facilities and\nstationary sources in the state that will be required to meet the\ndeposition control targets. These targets and strategies, together with\nthe lists, reports and supporting documentation described in this\nsection, and together with an analysis of the economic impact of the\nimplementation of such targets and strategies, shall constitute a\npreliminary sulfur deposition control program.\n  4. a. No later than March first, nineteen hundred eighty-five, the\ndepartment shall conduct public hearings in at least three geographic\nlocations of the state for the purpose of soliciting information and\ncomments from the public on the preliminary sulfur deposition control\nprogram. Any such public hearings shall comply with the notice\nprovisions and other procedures in title three and title five of this\narticle.\n  b. No later than May first, nineteen hundred eighty-five, and after\ndue consideration of the hearing record, independent scientific review,\nif any, and the considerations listed in section 19-0303 of this\narticle, the department shall publish the sulfur deposition control\nprogram, hereinafter referred to as the "program". In addition to\npublishing the program, the department shall submit copies of such\nprogram to the governor, the temporary president of the senate, the\nspeaker of the assembly, the chairman of the senate standing committee\non environmental conservation and recreation, and the chairman of the\nassembly standing committee on environmental conservation.\n  c. The program shall be subject to review pursuant to the procedures\nin title five of this article.\n  5. The department shall promulgate such rules and regulations as are\nnecessary to effectuate the provisions of this section.\n  6. The department shall publish all preliminary and final lists,\nreports, targets and programs required by this section in the state\nregister and in the environmental notice bulletin.\n
N.Y. ENV Law § 11-0915 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0915
Disposal of deer, moose and bear killed unintentionally by collision
Status: in_force

§ 11-0915. Disposal of deer, moose and bear killed unintentionally by\n               collision.\n  The owner of a motor vehicle which has been damaged by unintentional\ncollision with a deer, moose or bear shall be entitled to possess such\ndeer, moose or bear under the following conditions:\n  1. The accident is reported to an environmental conservation officer,\na member of the State Police, a member of the sheriff's department in\nwhich the accident occurred or, if the accident occurred on lands under\nthe jurisdiction of the office of parks, recreation and historic\npreservation, to an officer of the regional park police having law\nenforcement responsibilities on such lands, or to any police officer of\na city, town or village located in the county of such accident within 24\nhours thereafter.\n  2. The officer shall investigate and, if he finds the deer, moose or\nbear has been killed or so injured as to require that it be killed and\nthe damage has been done as alleged, he shall issue a permit to the\nowner of the motor vehicle entitling such owner to possess the carcass.\nSuch permit shall authorize the owner of the motor vehicle to transfer\nthe carcass to a designated person.\n  3. Whenever the owner of such damaged motor vehicle declines to\npossess such deer, moose or bear, the officer may in his discretion,\nissue a permit to possess the carcass to any other party requesting such\npossession.\n
N.Y. ENV Law § 27-0921 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0921
Short-term management
Status: in_force

§ 27-0921. Short-term management.\n  1. a. The commissioner shall immediately begin preparation of a\nproposal for a short-term hazardous waste management program for the\neffective and safe disposal, treatment and storage of hazardous waste.\nSuch program shall be coordinated with the on-going comprehensive\nprogram for the long-term treatment and disposal of hazardous waste.\n  b. As part of the proposal, a comprehensive study shall be made with\nregard to the short-term needs of New York state generators of hazardous\nwaste consistent with the protection of public health and safety and the\nenvironment and in light of:\n  (1) federal and state laws, rules and regulations designed to ensure\nproper disposition of hazardous waste from generation to final storage\nor treatment which place substantial responsibilities on industry to\nresponsibly and safely dispose of hazardous waste;\n  (2) the identified shortfall in existing available storage, treatment\nand disposal capacity, and the potential economic and environmental\nproblems that may occur as a result of the potential disruption of\noperation of the presently permitted commercial industrial hazardous\nwaste disposal, treatment and storage facilities located in New York;\nand\n  (3) the fact that it will take a period of several years before a\ncomprehensive program for the long-term disposal and treatment of\nhazardous waste is in operation sufficient to replace or reduce present\nmethods of hazardous waste disposal.\n  c. The proposed short-term hazardous waste management program shall\nincorporate the best short-term methods and means available to contain,\nstore and treat hazardous waste. In preparing the program, consideration\nshall be given to the short-term needs of New York state generators of\nhazardous waste, to the siting of secure landfills or other storage\nfacilities on suitable private or state-owned land, to the development\nand construction of such facilities in a manner to safely allow for the\neventual retrieval of hazardous waste for the purpose of ultimate\ndestruction, detoxification, or neutralization by industrial hazardous\nwaste treatment facilities, to the options of public versus private\nownership and operation of such facilities, to the ongoing efforts to\nestablish and maintain a statewide waste exchange system, and to the\nestablishment of incentives to encourage reduction of the amount of\nhazardous waste generated.\n  2. Not later than January first, nineteen hundred eighty-two, the\ncommissioner shall submit to the legislature the study and the proposal\nfor a short-term hazardous waste management program required pursuant to\nsubdivision one of this section, including any proposed implementing\nlegislation and rules and regulations where appropriate.\n
N.Y. PBA Law § 1225-G — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-G
Agreement with the transportation authority
Status: in_force

§ 1225-g.  Agreement with the transportation authority. (a) To enable\nthe fund to realize its public and governmental purpose, the fund may\nenter into agreements with the transportation authority, to which the\ntransit authority may be a party, pursuant to which the transportation\nauthority may plan, design, construct, acquire, extend, reconstruct,\nrehabilitate, modernize, or otherwise improve any transit facility, and\nthe fund may lease any such transit facility from the transportation\nauthority. The fund may apply the resources of the fund to the payment\nof rentals and other payments required from the fund by any such lease\nor other agreement and may pledge such resources as security for such\npayments to the transportation authority with respect to such leases or\nother agreements.\n  (b) To further enable the fund to realize its public and governmental\npurpose, the fund may enter into agreements with the transportation\nauthority, to which the transit authority may be a party, for planning,\ndesign and feasibility studies, provided or caused to be provided by the\ntransportation authority.\n  (c) Neither the state, nor the city, nor the transit authority shall\nbe liable for any rentals or other payments payable by the fund to the\ntransportation authority pursuant to the terms of any lease or other\nagreement entered into by the fund under this title; and the city shall\nnot be required to pay for all or part of the cost of any transit\nfacility provided pursuant to this title. Any such lease or other\nagreement shall contain among its terms a statement to that effect.\n  (d) A schedule of transit facilities authorized to be provided by the\nfund in accordance with the provisions of this title may be adopted as\nhereinafter provided, and the fund shall not enter into any lease or\nother agreement obligating the fund to pay money to the transportation\nauthority unless such lease or other agreement shall relate to a transit\nfacility contained in such schedule; nor unless, in the case of a\ntransit facility which consists of a rapid transit railroad or portion\nthereof, a route and general plan for such transit facility shall have\nbeen previously approved pursuant to the provisions of the rapid transit\nlaw. The mayor, city council and city board of estimate shall have the\npower to adopt, veto, and amend such schedule and the amounts stated\ntherein in the same manner provided under the city charter for capital\nprojects. Such schedule shall not be deemed a part of the city's capital\nbudget and the transit facilities contained in such schedule shall not\nbe deemed city capital projects. Such schedule shall be published\ntogether with the capital budget accompanied by a statement to this\neffect. Such schedule shall specify the maximum amount of indebtedness\nsecured by and payable from rental or other payments receivable from the\nfund which the transportation authority may incur with respect to each\ntransit facility therein set forth. The fund shall not enter into any\nlease or other agreement which provides or contemplates that the\ntransportation authority shall incur such indebtedness (i) which, for\nany such transit facility would exceed the amounts specified in such\nschedule, which amount shall not be reduced or rescinded except by\namendment and shall in no event be reduced or rescinded by the city\nafter such lease or other agreement has been executed without the\nwritten consent of the transportation authority, or (ii) which would\nbring the aggregate amount of such indebtedness of the transportation\nauthority incurred pursuant to this title to an amount in excess of two\nhundred fifty million dollars. Notwithstanding any other limitation\nherein prescribed, the mayor shall increase the amount so specified for\nany such transit facility by the amount necessary to pay judgments,\nclaims or awards including interest thereon against the transportation\nauthority arising out of work undertaken pursuant to any such agreement,\nand the mayor may increase the amount so specified by not more than\nfifteen per cent in order to meet any costs required to complete such\ntransit facility, or by any amount required to complete such transit\nfacility when the cost to complete such transit facility has increased\ndue to catastrophe. In the event that the mayor shall increase the\namount so specified for any such transit facility for any of the\nforegoing reasons, the limitation on the aggregate amount of such\nindebtedness of the transportation authority which may be outstanding at\nany one time shall be increased by the same amount. In calculating the\naggregate amount of such indebtedness of the transportation authority\nwhich may be increased pursuant to this title, there shall be excluded\nthe amount of outstanding obligations to be refunded or received from\nthe proceeds from the sale of, or to be exchanged for new obligations.\nNothing herein contained shall be construed to require the fund or the\ntransportation authority to enter into any lease or other agreement\nrelating to one or more of the transit facilities contained in such\nschedule.\n
N.Y. PBA Law § 388 — New York Code / Act PBA / Article 2 / Title 9 / Section 388
Limitation on powers of the authority
Status: in_force

§ 388. Limitation on powers of the authority. A department, authority,\ndivision or agency of the state shall not offer or permit any officer or\nemployee of such department, authority, division or agency to use a pass\nto access and/or use the thruway without the officer's or employee's\npersonal payment of tolls except when the use of such a pass and/or use\nof the thruway without personal payment of tolls occurs in the normal\ncourse of the employment or duties of such officer or employee. This\nsection shall not diminish the rights of any employee pursuant to a\ncollective bargaining agreement.\n
N.Y. PBA Law § 1890 — New York Code / Act PBA / Article 8 / Title 9-A / Section 1890
Short title
Status: in_force

§ 1890. Short title. This title shall be known and may be cited as the\n"green jobs-green New York act of 2009".\n
N.Y. ENV Law § 11-0929 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0929
Hunting by minors
Status: in_force

§ 11-0929. Hunting by minors.\n  1. A licensee who is twelve or thirteen years of age shall not hunt\nwildlife with a gun or a longbow unless he or she is accompanied by his\nor her parent or legal guardian, or by a person twenty-one years of age\nor older designated in writing by his or her parent or legal guardian on\na form prescribed by the department, who holds a hunting license. A\nlicensee who is twelve or thirteen years of age shall not hunt with a\ncrossbow.\n  2. A licensee who is fourteen or fifteen years of age shall not:\n  a. hunt wildlife with a gun, crossbow or longbow, other than wild deer\nor bear as provided in paragraph b of this subdivision, unless he or she\nis accompanied by his or her parent or legal guardian holding a hunting\nlicense, or by a person eighteen years of age or older, designated in\nwriting by his or her parent or legal guardian, holding such license;\n  b. hunt wild deer or bear with a crossbow or gun unless:\n  (1) he or she is accompanied by his or her parent or a legal guardian,\nor a youth mentor who is twenty-one years of age or older designated in\nwriting by the parent or legal guardian of the licensee on a form\nprescribed by the department; and\n  (2) such parent, guardian or youth mentor has had at least three years\nof experience in hunting big game; and\n  (3) such parent, guardian or youth mentor holds a hunting license; and\n  (4) such parent, guardian or youth mentor maintains physical control\nover the minor he or she is accompanying at all times while hunting; and\n  (5) such parent, guardian or youth mentor and the minor he or she is\naccompanying remain at ground level at all times while hunting; and\n  (6) such parent, guardian or youth mentor and the minor he or she is\naccompanying shall each display either a minimum total of two hundred\nfifty square inches of solid fluorescent orange or pink or patterned\nfluorescent orange or pink consisting of no less than fifty percent\nfluorescent orange or pink material worn above the waist and visible\nfrom all directions, or a hat or cap with no less than fifty percent of\nthe exterior consisting of solid fluorescent orange or pink material and\nvisible from all directions. For purposes of this paragraph, "physical\ncontrol" shall mean that the physical proximity of the minor to the\nparent, guardian or youth mentor is such that the parent, guardian or\nyouth mentor is reasonably able to issue verbal directions and\ninstructions, maintain constant visual contact, and otherwise provide\nguidance and supervision to the minor.\n  3. A licensee who is sixteen or seventeen years of age and who has not\npreviously had a license which authorizes the holder to hunt big game\nissued to him or her and engaged in hunting pursuant to it shall not\nhunt deer or bear unless he or she is accompanied by his or her parent\nor legal guardian, or by a person designated in writing by his or her\nparent or legal guardian on a form prescribed by the department and who\nis eighteen years of age or older and who has had at least one year's\nexperience in hunting deer or bear, and such accompanying parent,\nguardian or person holds a hunting license.\n  4. A hunting licensee with a bowhunting privilege, who is fourteen or\nfifteen years of age, shall not hunt deer or bear unless he or she is\naccompanied by his or her parent or legal guardian, or by a person\ndesignated in writing by his or her parent or legal guardian on a form\nprescribed by the department who is eighteen years of age or older and\nwho has had at least one year's experience in hunting deer or bear by\nlongbow, and such accompanying parent, guardian or person holds a\nhunting license with a bowhunting privilege.\n  5. A hunting licensee with a bowhunting privilege, who is twelve or\nthirteen years of age, shall not hunt deer or bear unless:\n  (a) he or she is accompanied by his or her parent or legal guardian,\nor by a person designated in writing by his or her parent or legal\nguardian on a form prescribed by the department who is twenty-one years\nof age or older and\n  (b) such parent, guardian or person has had at least three year's\nexperience in hunting deer or bear by longbow and\n  (c) such parent, guardian or person holds a hunting license and\n  (d) such parent, guardian or person maintains physical control over\nthe minor he or she is accompanying at all times while hunting. For the\npurposes of this paragraph "physical control" shall mean that the\nphysical proximity of the minor to the parent, guardian or person is\nsuch that the parent, guardian or person is reasonably able to issue\nverbal directions and instructions, maintain constant visual contact,\nand otherwise provide guidance and supervision to the minor.\n
N.Y. PBA Law § 1912 — New York Code / Act PBA / Article 8 / Title 9-C / Section 1912
Powers and duties
Status: in_force

* § 1912. Powers and duties. The authority is hereby authorized and\ndirected to undertake such actions it deems necessary or convenient to\nestablish, augment, or expand existing renewable energy outreach and\ncommunity planning programs to provide information, resources and\ntechnical assistance to support the siting, development, and acceptance\nof renewable energy technologies, including:\n  1. Developing and enhancing a community education and engagement\nprogram to inform New Yorkers about the climate crisis and the benefits\nof shifting to a clean energy economy and conducting outreach, providing\ninformation and education, and building consensus on the environmental\nand local benefits of renewable energy technologies. Such strategic\neducation and outreach shall include:\n  (a) Effective communication, engagement and public outreach to\ncommunities, including disadvantaged communities, to provide education\nand information on maximizing the benefits that renewable energy\ntechnologies can provide while demonstrating strategies and solutions\nthat are available to ensure that community benefits are meaningful and\nnegative impacts are avoided, reduced, or mitigated;\n  (b) Comprehensive education and outreach to local governments that may\nhost renewable energy technologies to provide objective information\nabout the impacts of renewable energy development and mitigation\nopportunities; and\n  (c) Facilitation of forums for communities, regions, renewable energy\ndevelopers, and other stakeholders to exchange information and ensure\nthat all have access to the factual information necessary to support the\nappropriate siting of facilities and acceptance of renewable energy\ntechnologies.\n  2. Collaborating with community stakeholders, the agriculture and\nforestry sectors, and the renewable energy industry to develop,\nfacilitate, and provide centralized access to renewable energy planning\nresources and assistance for local governments. Such resources shall\ninclude publicly available data resources, including a mapping tool,\nrelated to renewable energy development to help municipal\nrepresentatives and local communities make informed land use decisions\nand communicate local priorities to developers.\n  (a) The renewable energy development data resources, including a\nmapping tool, shall be available on the authority's website and shall\nprovide sufficient information and guidance to allow communities to\nundertake a comprehensive evaluation of the potential for renewable\nenergy development and to plan proactively for deployment that maximizes\nlocal benefit and avoids, reduces, or mitigates negative impact on lands\nwith agricultural soils, farming, forests, and other competing uses.\n  (b) The renewable energy development data resources may use publicly\navailable information and shall be designed to facilitate participation\nby local governments, renewable energy developers and other stakeholders\nin existing renewable energy siting and planning processes.\n  (c) The renewable energy development data resources shall provide, to\nthe extent available information on agricultural, environmental, energy\nsystem and other resources relevant to renewable energy technology\nsiting, such as: land use cover data; disadvantaged communities;\nbrownfields; previously disturbed and developed sites such as large\nrooftops, parking lots, landfills, etc.; agricultural soils and\nagricultural districts; forests; wetlands, floodplains, and waterbodies;\nhistoric, cultural, and archaeological resources; public parks,\npreserves and recreational resources; conserved and protected lands;\nhosting capacity; distribution, and transmission lines; and topography\nas relevant to siting renewable energy technology.\n  3. Providing technical assistance and training to local governments\nand other stakeholders on the use of such information and resources,\nincluding the renewable energy development data resources.\n  4. Consulting, collaborating with, and/or procuring the services of\nservice providers, including, but not limited to: regional planning\nassociations, non-profits, and community-based organizations, to conduct\noutreach and education about renewable energy benefits, develop new\nrenewable energy planning tools and resources, including renewable\nenergy development data resources, and to provide technical assistance\nand training to municipalities to support the authority's\nresponsibilities under this section.\n  5. Managing, allocating, and spending any monies made available to the\nauthority in furtherance of this title as the authority determines to be\nappropriate for the proper administration of the program created\npursuant to this title.\n  6. Requesting and receiving the assistance of the departments or any\nother state agency or authority, within their respective relevant\nsubject matter expertise, to support the administration of the program\ncreated pursuant to this title.\n  * NB Repealed December 31, 2031\n
N.Y. RSS Law § 89-B — New York Code / Act RSS / Article 2 / Title 9 / Section 89-B
Optional twenty year retirement plan for sheriffs, under-sheriffs, and regular deputy sheriffs in counties which have elected to provide ...
Status: in_force

§ 89-b. Optional twenty year retirement plan for sheriffs,\nunder-sheriffs, and regular deputy sheriffs in counties which have\nelected to provide same. (a) Any member who is a sheriff, under-sheriff\nor a regular deputy sheriff in any county who is engaged directly in\ncriminal law enforcement activities, may elect to contribute to the\nretirement system on the basis of retirement after the completion of\ntwenty years of total creditable service pursuant to this section within\none year after the county wherein he is so engaged elects to make the\nbenefits provided herein available. One year or more after the filing of\nan election, a member may withdraw any such election by written notice\nduly acknowledged and filed with the comptroller.\n  (b) On and after a county elects to make the benefits provided herein\navailable, every sheriff, under-sheriff or regular deputy sheriff\nentering or re-entering service as such and within one year from the\ndate of entry or re-entry may elect to contribute to the retirement\nsystem pursuant to this section. One year or more after the filing\nthereof, a member may withdraw any such election by written notice duly\nacknowledged and filed with the comptroller.\n  (c) Elections shall be in writing and shall be duly executed and filed\nwith the comptroller.\n  (d) A sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him and in such fashion as\nmay be prescribed, the identity of the regular deputy sheriffs in his\nemploy who are engaged directly in criminal law enforcement activities,\nand shall likewise so certify to the chief executive officer of his\ncounty and to the chairman of the board or body of his county which\nappropriates the funds to pay for the plan's benefits.\n  (e) A member who elects or is required to contribute in accordance\nwith subdivision (a) of this section shall contribute, in lieu of the\nproportion of compensation as provided in section twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be computed to provide, at the time when he\nshall first become eligible for retirement under this section, an\nannuity equal to one-eightieth of his final average salary for each year\nof creditable service and as a member rendered after the county wherein\nhe is engaged elected the provisions of this section and prior to the\nattainment of the age when he shall first become eligible for\nretirement. Such member's rate of contribution pursuant to this section\nshall be appropriately reduced pursuant to section seventy-a of this\narticle for such period of time as the county wherein he is engaged\ncontributes pursuant to such section towards\npensions-providing-for-increased-take-home-pay. Such member's\ncontribution, reduced as aforesaid, shall also be appropriately further\nreduced by any multiple of twenty-five percentum of such contribution,\nreduced as aforesaid, which the county wherein he is engaged has elected\nto contribute on his behalf in lieu of such member's contributions\npursuant to this subdivision. No such member shall be required to make\ncontributions after completing twenty years of such service, except as\nis provided in such subdivision (m) of this section.\n  (f) (1) A member then covered by the provisions of this section shall\nbe entitled to retire after the completion of twenty years of total\ncreditable service and, except a sheriff, shall retire upon attainment\nof age sixty by filing an application therefor with the comptroller.\n  (2) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which is the actuarial equivalent of his accumulated\ncontributions, if any, at the time of his retirement, and an additional\npension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, shall be sufficient to provide him with a retirement allowance\nequal to one-half of his final average salary.\n  (3) Upon attainment of the mandatory retirement age of sixty years,\nor, in the case of a sheriff, upon attainment of the age of sixty years,\nand upon retirement without completion of twenty years of such service,\neach such member shall receive a pension which together with an annuity\nwhich is the actuarial equivalent of his accumulated contributions at\nthe time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled, shall be sufficient to provide him with a\nretirement allowance equal to one-fortieth of his final average salary\nfor each year of creditable service in a sheriff's department. Every\nsuch member shall also be entitled to an additional pension for other\nservice as provided under paragraphs three and four of subdivision a of\nsection seventy-five of this article. This latter pension shall not\nincrease the total allowance to more than one-half of his final average\nsalary.\n  (4) For the purpose only of determining the amount of the pension\nprovided in subdivisions (f) and (m), the annuity shall be computed as\nit would be if it were not reduced by the actuarial equivalent of any\noutstanding loan, and if it were not increased by the actuarial\nequivalent of any additional contributions, and if it were not reduced\nby reason of the member's election to decrease his annuity contributions\nto the retirement system in order to apply the amount of such reduction\nin payment of his contributions for old-age and survivors insurance\ncoverage.\n  (g) The entire additional cost for the increased pensions to members,\nas provided by this section, shall be paid from additional contributions\nmade by the participating employer on account of such members. The\nactuary of the retirement system shall compute the additional\ncontribution required for each member who elects to receive the special\nbenefits provided under this section. Such additional contributions\nshall be computed on the basis of contributions during the prospective\nservice of such member which will cover the liability of the retirement\nsystem for such extra pensions. Upon approval of the comptroller, such\nadditional contributions shall be certified by him to the fiscal officer\nof the participating employer. The amount thereof shall be included in\nthe annual appropriation of the participating employer for its sheriff's\ndepartment. Such amount shall be paid to the pension accumulation fund\nof the retirement system.\n  (h) As used in this section "creditable service" shall include (1) in\nthe case of a sheriff or under-sheriff, any and all services performed\nas a sheriff and/or under-sheriff of a county and all criminal law\nenforcement services performed as a regular deputy sheriff of a county,\nprovided, however, that criminal law enforcement service shall only be\ncreditable when it aggregates fifty percentum or more of his service as\na regular deputy sheriff and (2) in the case of a regular deputy\nsheriff, all criminal law enforcement services performed as a regular\ndeputy sheriff of a county, provided, however, that criminal law\nenforcement service shall only be creditable when it aggregates fifty\npercentum or more of such service and any and all services performed as\na sheriff and/or under-sheriff of a county.\n  (i) Credit for service as a member or officer of the state police, or\nas a paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to this article or\narticle eight of this chapter.\n  (j) The county wherein the member is engaged may, in its initial\naction taken under this section or subsequent thereto, elect to assume\nand pay all or part of the additional cost on account of service\nrendered to the county prior to the effective date of such election and,\nin addition, may in its initial action taken under this section or\nsubsequent thereto, elect to assume and pay all or any multiple of\ntwenty-five per centum of the additional cost on account of service\nrendered on and after the effective date of such election. The county\nshall pay the additional cost so assumed by any such election by means\nof annual contributions which shall be determined by the actuary.\n  (k) A member, excepting a sheriff, contributing on the basis of this\nsection at the time of retirement, shall be retired on December\nthirty-first of the year in which he attains sixty years of age.\nApplication therefor may be filed in a manner similar to that provided\nin section seventy of this article.\n  (l) The benefits of this section shall be available only to those\nmembers whose employer elects to provide such benefits by adopting a\nresolution to such effect and filing a certified copy thereof with the\ncomptroller.\n  (m) Upon completion of twenty years of total creditable service and\nupon retirement, each member covered by the plan provided by this\nsection shall receive, for each year of creditable service in excess of\ntwenty, but not more than ten such years, an additional retirement\nallowance equal to one-sixtieth of his final average salary for each\nsuch year of such service; provided, however, that this benefit shall be\navailable only after the county employing such member elects\nspecifically to provide this benefit. Member contributions, if any,\nshall be computed in a manner consistent with subdivision (e) of this\nsection so as to provide an annuity of one hundred and twentieth of\nfinal average salary for each such year of service and employers shall\nhave the further option to reduce contributions in a manner similar to\nthat provided in said subdivision (e).\n  (n) That portion of the pension reserve required pursuant to this\nsection which is in excess of the pension reserve that would have been\nrequired pursuant to section eighty-nine-a of this article, had the\nnumber been covered thereunder, shall not be included in computing any\nbenefit payable pursuant to the provisions of section sixty of this\narticle.\n  (o) The provisions of this section shall, subject to the provisions of\nsection seventy-six of this article, apply to members who, on and after\nJune first, nineteen hundred seventy and prior to June first, nineteen\nhundred seventy-four retire or separate in vested status from service\nwith a participating employer who has elected to provide the benefits\nhereunder.\n
N.Y. RSS Law § 89-E — New York Code / Act RSS / Article 2 / Title 9 / Section 89-E
Retirement of correction officers of the Westchester county correction department; alternative eligibility for retirement
Status: in_force

§ 89-e. Retirement of correction officers of the Westchester county\ncorrection department; alternative eligibility for retirement. a. Any\nmember who is a correction officer of the Westchester county correction\ndepartment shall be eligible to retire pursuant to the provisions of\nthis section. In addition, any correction officer who is appointed to\nthe title of deputy commissioner and who, while a correction officer and\nprior to such appointment to the title of deputy commissioner, elected\nto participate in the plan established pursuant to this section may\nelect, upon such appointment to the title of deputy commissioner, to\ncontinue to participate in the plan established pursuant to this\nsection. Such eligibility shall be an alternative to the eligibility\nprovisions available under any other plan of this article to which such\nmember is subject. The chief executive officer of such county shall\ncertify to the comptroller, in a manner and at such intervals as the\ncomptroller may require, the identity of such eligible correction\nofficers, including any eligible deputy commissioners.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as a correction officer of Westchester county.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. A member contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  g. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of Westchester.\n  h. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  i. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n  j. As used in this section, "correction officer" of the Westchester\ncounty correction department means a correction officer, correction\nofficer-sergeant, correction officer-captain, assistant warden,\nassociate warden or warden.\n  k. Notwithstanding any provision of law to the contrary, where a\ncorrection officer would have been entitled to retire pursuant to this\nsection at the time of his or her death and where his or her death\noccurs on or after the effective date of the chapter of the laws of two\nthousand twenty-three that added this subdivision, the beneficiary or\nbeneficiaries may elect to receive, in a lump sum, an amount payable\nwhich shall be equal to the pension reserve that would have been\nestablished had the member retired on the date of his or her death, or\nthe value of the death benefit and the\nreserve-for-increased-take-home-pay, if any, whichever is greater.\n
N.Y. LFN Law § 121.10 — New York Code / Act LFN / Article 2 / Title 9 / Section 121.10
Indebtedness of school districts merged with or annexed to a school district outside of a city
Status: in_force

§ 121.10 Indebtedness of school districts merged with or annexed to a\nschool district outside of a city.  a. In ascertaining the power of a\nschool district, other than a school district in a city, to issue bonds\nor bond anticipation notes, there shall be included the amount of bonded\nindebtedness of a merged or annexed school district as follows:\n  1. The amount of outstanding bonds and bond anticipation notes of\nschool districts which merged to form such school district, whether or\nnot any of such merged school districts, prior to such merger, had an\naggregate assessed valuation of one hundred thousand dollars or more,\nand whether or not any of such merged school districts still exist for\nthe purpose of paying off its indebtedness or distributing its property.\n  2. The amount of outstanding bonds and bond anticipation notes of any\nschool district which was annexed to such school district, whether or\nnot such annexed school district, prior to such annexation, had an\naggregate assessed valuation of one hundred thousand dollars or more,\nand whether or not such annexed school district still exists for the\npurpose of paying off its indebtedness or distributing its property.\n  3. The appropriate proportion of the amount of outstanding bonds and\nbond anticipation notes of any school district part of which was annexed\nto such school district, whether or not the aggregate assessed valuation\nof such partially annexed school district, prior to such annexation, was\none hundred thousand dollars or more. Such appropriate proportion of the\namount of such outstanding bonds and bond anticipation notes shall be\nascertained by multiplying the total amount of such outstanding bonds\nand bond anticipation notes by the ratio or percentage, as of the time\nof the annexation, that the average assessed valuation of the portion of\nthe school district annexed bore to the average assessed valuation of\nthe whole of such partially annexed district as it existed prior to such\nannexation.\n
N.Y. RSS Law § 378 — New York Code / Act RSS / Article 8 / Title 9 / Section 378
Supplemental retirement allowance
Status: in_force

§ 378. Supplemental retirement allowance.  a. A supplemental\nretirement allowance shall be paid to pensioners of the retirement\nsystem who have retired prior to the calendar year nineteen hundred\nninety-four. Such supplemental retirement allowance shall be payable on\nthe basis provided for herein, commencing with a payment for the month\nof September, nineteen hundred ninety-nine and continuing through the\nmonth of August, two thousand.  Said supplemental retirement allowance\nshall be a percentage of the retirement allowance otherwise payable,\ncomputed without optional modification. Said percentage, for each\ncalendar year of retirement, is set forth in subdivision b of this\nsection. Said supplemental retirement allowance shall be computed on the\nbasis of the first fourteen thousand dollars of such annual retirement\nallowance and shall be payable commencing September first, nineteen\nhundred ninety-nine to all disability pensioners, and to other\npensioners who have attained age sixty-two or who have been retired for\nten years or more and have attained age fifty-five.\n  b. In calculating the supplemental retirement allowance in accordance\nwith subdivision a of this section, the following percentages will be\nused for each calendar year of retirement, as appropriate:\nCalendar year of retirement         Percentage\n1993                                1.5\n1992                                1.5\n1991                                1.5\n1990                                1.5\n1989                                2.8\n1988                                3.7\n1987                                4.5\n1986                                5.5\n1985                                6.3\n1984                                7.4\n1983                                8.3\n1982                               10.5\n1981                               12.5\n1980                               15.6\n1979                               19.9\n1978                               25.4\n1977                               30.3\n1976                               37.8\n1975                               42.5\n1974                               54.0\n1973                               73.0\n1972                               86.0\n1971                               96.7\n1970                              105.0\n1969                              141.8\n1968                              169.0\n1967                              195.9\n1966                              203.7\n1965                              230.5\n1964                              254.5\n1963                              278.6\n1962                              310.0\n1961                              330.0\n1960                              340.0\n1959                              390.0\n1958                              427.3\n1957                              442.3\n1956                              460.2\n1955                              468.6\n1954                              466.5\n1953                              470.7\n1952                              475.0\n1951                              486.1\n1950                              532.3\n1949                              540.3\n1948                              532.3\n1947                              583.4\n1946                              681.5\n1945                              746.6\n1944                              765.9\n1943                              780.9\n1942                              834.9\n1941                              936.7\n1940                              988.5\n1939                              996.4\n1938                              980.8\n1937                              958.3\n1936                              996.4\n1935                             1012.4\n1934                             1037.3\n1933                             1072.3\n1932                             1012.4\n1931                              902.6\n1930                              812.5\n  c. The supplemental retirement allowance shall be rounded off to the\nnearest dollar.\n  d. The benefits hereinabove provided for shall be in lieu of the\nbenefits presently provided by articles four and six of this chapter\nunless such benefits are in excess of those provided by this section, in\nwhich latter case such benefits shall be paid by the retirement system\npursuant to this section.\n  e. Contributions shall be made to the pension accumulation fund by, or\non account of, the state and each participating employer at a rate fixed\nby the actuary, which shall be computed to be sufficient to provide the\nbenefits established by this section.\n  f. The supplemental retirement allowance authorized by this section\nshall also be paid in the same manner set forth above to a police\nofficer and firefighter sixty-two years of age or older who is retired,\nor any person retired for disability regardless of age, or any spouse\nqualifying pursuant to subdivision h of this section, and who receives,\nas a result, a retirement allowance or pension from any state\nadministered and operated retirement or pension plan or system, not\nincluding, however, the New York state teachers retirement system.\n  g. The cost of providing supplemental retirement allowance payments\npursuant to subdivision f of this section shall be paid from the\nsupplemental pension fund, and the comptroller shall include with his\nbudget estimate furnished to the governor for each fiscal year, amounts\nestimated by him to be sufficient to reimburse the supplemental pension\nfund for such payments. No monies belonging to any publicly administered\nand operated retirement or pension system or plan shall be appropriated\nor used for any purpose or for any payment authorized or required by\nsubdivision f of this section.\n  h. Notwithstanding any other provision of law, (i) the spouse of a\ndeceased pensioner, who had elected one of the options pursuant to this\nchapter which provides that benefits are to be continued for the life of\nsuch spouse after the death of the pensioner, or (ii) the spouse of a\ndeceased pensioner who had provided pursuant to a closed local pension\nplan which was subsequently assumed by the state, that benefits are to\nbe continued for the life of such spouse after the death of the\npensioner, shall be entitled to receive a monthly supplemental\nretirement allowance pursuant to this subdivision. Said monthly\nsupplemental retirement allowance shall be equal in amount to one-half\nof the monthly supplemental retirement allowance which the pensioner\nwould be receiving if living and shall commence upon the death of the\npensioner.\n
N.Y. RSS Law § 89-V*2 — New York Code / Act RSS / Article 2 / Title 9 / Section 89-V*2
Retirement of paramedics employed by the police department in the town of Tonawanda
Status: in_force

* § 89-v. Retirement of paramedics employed by the police department\nin the town of Tonawanda. a. A member employed by the town of Tonawanda\nas a paramedic, or, if the title of paramedic is abolished, an\nindividual employed by the police department in the town of Tonawanda in\na position with responsibilities that are essentially identical to those\nof a paramedic, shall be eligible to retire pursuant to the provisions\nof this section, if such member files a timely election with the\ncomptroller, on a form provided by the comptroller for such purpose, to\nbe covered by this section. To be effective, such form must be filed\nwithin one year after this section shall become law, or within one year\nfollowing the individual's commencement of eligible employment with the\npolice department in the town of Tonawanda, whichever is later. The\nbenefits hereinabove provided shall be payable to a member, unless at\nthe date of retirement, such member would otherwise be entitled to a\ngreater benefit under other provisions of this article had he withdrawn\nfrom this section, in which event such greater benefits shall be\npayable.\n  b. Such members shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such services and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his or her\naccumulated contributions at the time of his or her retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as a paramedic with the police department in the\ntown of Tonawanda.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, shall also be deemed to be\ncreditable service and shall be included in computing years of total\nservice for retirement pursuant to this section provided such services\nare performed by the member while contributing to the New York state and\nlocal police and fire retirement system pursuant to the provisions of\nthis article or article eight of this chapter.\n  f. The town of Tonawanda shall certify to the comptroller,\nperiodically and at such intervals of time as may be required and in\nsuch fashion as may be prescribed, the identity of the paramedics in the\npolice department's employ.\n  g. A member contributing on the basis of this section at the time of\nretirement, may retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his or her accumulated\ncontributions at the time of his or her retirement and an additional\npension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary. Upon\nretirement, each such member shall receive, for each year of service in\nexcess of twenty-five, an additional pension which shall be equal to\none-sixtieth of his or her final average salary; provided, however, that\nthe total allowance payable pursuant to this section shall not exceed\nthree-quarters of such member's final average salary.\n  h. In computing the service of a member pursuant to this section full\ncredit shall be given and full allowance shall be made for service of\nsuch member in time of war after World War I as defined in section two\nof this chapter, provided such member at the time of his or her entrance\ninto the armed forces was in the service of the town of Tonawanda.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. Impairments of health; presumption. Notwithstanding any provision\nof this chapter or of any general, special or local law to the contrary,\nany paramedic employed by the police department in the town of Tonawanda\nwho is covered by the provisions of this section or subdivision s of\nsection six hundred four of this chapter and who contracts HIV,\ntuberculosis or hepatitis after contact with members of the public\n(where there may have been an exposure to a bodily fluid) will be\npresumed to have contracted such disease in the performance or discharge\nof his or her duties as the natural and proximate result of an accident\nsustained in the performance of duties unless the contrary be proven by\ncompetent evidence.\n  k. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, any condition of impairment of health\ncaused by diseases of the heart, resulting in disability or death to any\nparamedic employed by the police department in the town of Tonawanda who\nis covered by the provisions of this section or subdivision s of section\nsix hundred four of this chapter and who, prior to entry into such\nservice successfully passed a physical examination which failed to\ndisclose evidence of any disease or other impairment of the heart shall\nbe presumptive evidence that it was incurred in the performance and\ndischarge of duty and the natural proximate result of an accident,\nunless the contrary be proved by competent evidence.\n  l. A paramedic employed by the police department in the town of\nTonawanda who is covered by the provisions of this section or\nsubdivision s of section six hundred four of this chapter and is in a\nplan which permits immediate retirement upon completion of a specified\nperiod of service without regard to age or who is subject to the\nprovision of subdivision b of section four hundred forty-five of this\nchapter, shall upon completion of ninety days of service be covered for\nfinancial protection in the event of death in service pursuant to this\nsubdivision. Such death benefit shall be equal to three times the\nmember's salary raised to the next highest multiple of one thousand\ndollars, but in no event shall it exceed three times the maximum salary\nspecified in section one hundred thirty of the civil service law.\n  m. The provisions of this section shall be controlling notwithstanding\nany other provisions in this chapter to the contrary.\n  * NB There are 3 § 89-v's\n
N.Y. RSS Law § 370-A — New York Code / Act RSS / Article 8 / Title 9 / Section 370-A
Pensions-for-increased-take-home-pay
Status: in_force

§ 370-a. Pensions-for-increased-take-home-pay. a. Beginning with a\npayroll period commencing as specified by a participating employer\nelecting to contribute pursuant to the provisions of this section the\ncontribution of each member of the police and fire retirement system in\nthe employ of such a participating employer, exclusive of any increase\nthereof pursuant to subdivision i of section three hundred twenty-one of\nthis chapter or of any reduction thereof pursuant to subdivision one of\nsection one hundred thirty-eight-b of article three of this chapter,\nshall be reduced by five per centum of the compensation of such member.\nBeginning with a payroll period commencing as specified by a\nparticipating employer, specifically electing, as provided in\nsubdivision c of this section, to contribute at the higher rate pursuant\nto the provisions of this section the contribution of each member of the\nretirement system in the employ of such a participating employer,\nexclusive of any increase thereof pursuant to subdivision i of section\ntwenty-one of this chapter or of any reduction thereof pursuant to\nsubdivision one of section one hundred thirty-eight-b of this chapter,\nshall be reduced by an additional three per centum of the compensation\nof such member. Where a member's rate of contribution as so qualified is\nless than the per centum by which his contribution is reduced, such rate\nshall be discontinued. Such a reduction or discontinuance, as the case\nmay be, shall:\n  1. Be subject to waiver by the member as provided in subdivision j of\nsection three hundred twenty-one of this article, as added by this act,\nand\n  2. Take precedence over the member's privilege under subdivision one\nof section one hundred thirty-eight-b of article three of this chapter,\nto decrease his annuity contribution for the purpose of paying his\ncontributions for old-age, survivors, and disability insurance coverage\nof the tax imposed upon him pursuant to the federal insurance\ncontributions act.\n  aa. Beginning with a payroll period commencing on or after such date,\nas specified by a participating employer electing to contribute pursuant\nto the provisions of this subdivision, the contribution of each member\nof the retirement system in the employ of such a participating employer,\nwhose rate of contribution is in excess of eight per centum, exclusive\nof any increase thereof pursuant to subdivision i of section three\nhundred twenty-one of this chapter or of any reduction thereof pursuant\nto subdivision one of section one hundred thirty-eight-b of this chapter\nor subdivision a of this section, shall be suspended. In the case of a\nparticipating employer any member may by written notice duly\nacknowledged and filed with the comptroller beginning with the payroll\nperiod commencing on or after such date as specified by a participating\nemployer within one year after the effective date of this act or within\none year after he last became a member, whichever is later, elect to\nwaive the suspension of his contributions provided by this subdivision.\nOne year or more after the filing thereof, a member may withdraw any\nsuch waiver by written notice duly acknowledged and filed with the\ncomptroller. Where a member makes an election to waive the suspension of\nhis contributions as herein provided, he shall contribute to the\nretirement system as otherwise provided in this chapter. The foregoing\nprovisions of this subdivision shall be inapplicable as to any\nparticipating employers other than those who had filed a resolution\nprior to April first, nineteen hundred sixty-seven, to participate\nthereunder.\n  b. For such period of time as the provisions of subdivision a and\nsubdivision aa of this section shall be in effect, contributions shall\nbe made to the pension accumulation fund by or on account of the state\nand each such participating employer, as provided in sections three\nhundred sixteen, three hundred seventeen and three hundred forty-two of\nthis article, at a rate fixed by the actuary which shall be computed to\nbe sufficient to provide death benefits and\npensions-providing-for-increased-take-home-pay which are or may become\npayable on account of members in the employ of the state or of such a\nparticipating employer. Such a benefit or pension shall be based on a\nreserve-for-increased-take-home-pay which shall be equivalent to the per\ncentum of the member's compensation during such period by which his\ncontribution is reduced, or would otherwise be reduced if his rate of\ncontribution equaled or exceeded eight per centum, pursuant to\nsubdivision a of this section, plus in the case of any member in the\nemploy of the state or of any employee of a participating employer who\nhas elected to participate pursuant to the provisions of this section\nwhose rate of contribution before any reduction as provided in\nsubdivision a of this section exceeds eight per centum, the per centum\nof his compensation during such period by which his contribution is\nsuspended pursuant to subdivision aa, plus regular interest thereon.\nCommencing with the payroll period which is nearest to April first,\nnineteen hundred sixty-one, the provisions of this section shall not\napply to any member for any period or periods during which he ceases or\nhas ceased contributing toward retirement upon completion of years of\nservice or attainment of specified age pursuant to the provisions of any\nsection of this article, provided, however, that such member shall\nreceive credit pursuant to this section for such period or periods for\nwhich he contributes or has contributed toward retirement.\n  c. By the adoption, filing and approval, where required, of a\nresolution in the manner, provided by sections three hundred thirty or\nthree hundred thirty-one of this article, as the case may be, a\nparticipating employer may elect to make contributions to the pension\naccumulation fund pursuant to this section for the purpose of providing\ndeath benefits and pensions-providing-for-increased-take-home-pay. Such\nresolution shall specify the first payroll period after the date of such\nfiling for which reductions shall be made pursuant to subdivision a of\nthis section in the contributions of members in its employ and the per\ncentum of their compensation by which their contributions shall be\nreduced, which shall be five per centum unless eight per centum is\nspecifically elected.\n  d. In the case of persons who last became members on or after July\nfirst, nineteen hundred seventy-three, the provisions of this section\nshall apply only until the payroll period immediately prior to that the\nfirst day of which is nearest to July first, nineteen hundred\nseventy-four.\n
N.Y. RSS Law § 89 — New York Code / Act RSS / Article 2 / Title 9 / Section 89
Retirement of members in the uniformed personnel in institutions under the jurisdiction of the department of corrections and community su...
Status: in_force

§ 89. Retirement of members in the uniformed personnel in institutions\nunder the jurisdiction of the department of corrections and community\nsupervision or who are security hospital treatment assistants; new plan.\na. Any member in the uniformed personnel in institutions under the\njurisdiction of the department of corrections and community supervision,\nas hereinafter defined, who enters or re-enters service on or after the\neffective date of this section, or who is a security hospital treatment\nassistant who enters or reenters service on or after the effective date\nof the amendment permitting security hospital treatment assistants to be\ncovered by this section, shall contribute on the basis provided for by\nthis section.\n  b. Any member in the uniformed personnel in institutions under the\njurisdiction of the department of corrections and community supervision,\nas hereinafter defined, who entered such service prior to the effective\ndate of this section may, on or before September first, nineteen hundred\nsixty-six, elect to come under the provisions of this section. Such\nelection shall be in writing and shall be duly executed and filed with\nthe comptroller.\n  c. Any member in the uniformed personnel in institutions under the\njurisdiction of the department of corrections and community supervision,\nas hereinafter defined, who entered such service prior to the effective\ndate of this section, may, on or before December thirty-first, nineteen\nhundred sixty-six, elect to come under the provisions of this section.\nSuch election shall be in writing and shall be duly executed and filed\nwith the comptroller. Any such member who has made an election as set\nforth herein on or before December thirty-first, nineteen hundred\nsixty-five, shall be permitted to withdraw the same and in like manner\nmake a new election on or before December thirty-first, nineteen hundred\nsixty-six.\n  d. A member who elects or is required to contribute in accordance with\nthis section shall contribute, in lieu of the proportion of compensation\nas provided in section twenty-one of this article, a proportion of his\nor her compensation similarly determined. Such latter proportion shall\nbe computed to provide at the time when he or she shall first become\neligible for retirement under this section, an annuity equal to one-one\nhundredth of his or her final average salary for each year of service as\na member rendered after May first, nineteen hundred sixty-five, and\nprior to the attainment of the age when he or she shall first become\neligible for retirement. Such member's rate of contribution pursuant to\nthis section shall be appropriately reduced pursuant to section\nseventy-a of this article for such period of time as his or her employer\ncontributes pursuant to such section toward\npensions-providing-for-increased-take-home pay. No such member shall be\nrequired to continue contributions after completing twenty-five years of\nsuch service.\n  e. A member contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of\ntwenty-five years of total creditable service as defined in subdivision\ni of this section, or upon the attainment of age sixty, by filing an\napplication therefor in a manner similar to that provided in section\nseventy of this article. He or she thereupon shall receive, on\nretirement a retirement allowance consisting of:\n  1. An annuity, which shall be the actuarial equivalent of his or her\naccumulated contributions at the time of his or her retirement, plus,\n  2. A pension which, together with such annuity and a pension which is\nthe actuarial equivalent of the reserves for-increased-take-home pay to\nwhich he or she may then be entitled, if any, shall equal one-fiftieth\nof his or her final average salary for each year of creditable service\nin the uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or for each year of\ncreditable service as a security hospital treatment assistant under the\njurisdiction of the office of mental health, as hereinafter defined.\nThis pension shall not exceed the amount needed to make the total amount\nof the benefits provided under paragraphs one and two of this\nsubdivision e equal to one-half of his or her final average salary.\n  3. An additional pension equal to the pension for any creditable\nservice rendered while not in the uniformed personnel in institutions\nunder the jurisdiction of the department of corrections and community\nsupervision and rendered while not serving as a security hospital\ntreatment assistant under the jurisdiction of the office of mental\nhealth, as hereinafter defined, as provided under paragraphs two and\nthree of subdivision a of section seventy-five of this article. This\npension shall:\n  (a) Be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service for\nwhich he receives credits under this article, and\n  (b) Not increase the total allowance to more than one-half of his or\nher final average salary.\n  For the purpose only of determining the amount of the pension provided\nherein, the annuity shall be computed as it would be:\n  (aa) if not reduced by the actuarial equivalent of any outstanding\nloan, and\n  (bb) if not increased by the actuarial equivalent of any additional\ncontributions, and\n  (cc) if not reduced by reason of the member's election to decrease his\nor her annuity contributions to the retirement system in order to apply\nthe amount of such reduction in payment of his contributions for old-age\nand survivors insurance coverage.\n  f. The increased pensions to members of the uniformed personnel in\ninstitutions under the jurisdiction of the department of corrections and\ncommunity supervision or to members who are security hospital treatment\nassistants under the jurisdiction of the office of mental health, as\nprovided by this section, shall be paid from additional contributions\nmade by the state on account of such member. The actuary of the\nretirement system shall compute the additional contribution of each\nmember who elects to receive the special benefits provided under this\nsection. Such additional contributions shall be computed on the basis of\ncontributions during the prospective service of such member which will\ncover the liability of the retirement system for such extra pensions.\n  g. In computing the twenty-five years of completed service of a member\nin the uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or of a member who\nis a security hospital treatment assistant under the jurisdiction of the\noffice of mental health, as hereinafter defined, full credit shall be\ngiven and full allowance shall be made for service of such member in war\nafter world war 1 as defined in section two of this chapter, provided\nsuch member at the time of his or her entrance into the armed forces was\nin state service.\n  h. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n  i. As used in this section, "uniformed persons" or "uniformed\npersonnel" in institutions under the jurisdiction of the department of\ncorrections and community supervision or "security hospital treatment\nassistants" under the jurisdiction of the office of mental health mean\nofficers or employees holding the titles hereinafter set forth in\ninstitutions under the jurisdiction of the department of corrections and\ncommunity supervision or under the jurisdiction of the office of mental\nhealth, namely: correction officers, prison guards, correction\nsergeants, correction lieutenants, correction captains, deputy assistant\nsuperintendent or warden, deputy warden or deputy superintendent,\nsuperintendents and wardens, assistant director and director of\ncorrection reception center, director of correctional program, assistant\ndirector of correctional program, director of community correctional\ncenter, community correctional center assistant, correction hospital\nofficers, male or female, correction hospital senior officers,\ncorrection hospital charge officer, correction hospital supervising\nofficer, correction hospital security supervisor, correction hospital\nchief officer, correction youth camp officer, correction youth camp\nsupervisor, assistant supervisor, correctional camp superintendent,\nassistant correctional camp superintendent, director of crisis\nintervention unit, assistant director of crisis intervention unit,\nsecurity hospital treatment assistants, security hospital treatment\nassistants (Spanish speaking), security hospital senior treatment\nassistants, security hospital supervising treatment assistants and\nsecurity hospital treatment chiefs. Previous service rendered under the\ntitles by which such positions were formerly designated and previous\nservice rendered as a narcotic addiction control commission officer\nshall constitute creditable service. Notwithstanding any provision of\nlaw to the contrary, any employee of the department of corrections and\ncommunity supervision who became enrolled under this section by reason\nof employment as a uniformed person in an institution under the\njurisdiction of the department of corrections and community supervision\nshall be entitled to full retirement credit for, and full allowance\nshall be made under this section for the service of such employee, not\nto exceed twelve years, while assigned to the training academy or\ncentral office, in the following titles, namely: correction officer,\ncorrection sergeant, correction lieutenant, correction captain,\ncorrectional services investigator, senior correctional services\nemployee investigator, correctional services fire and safety\ncoordinator, director of special housing and incarcerated individual\ndisciplinary program, assistant director of special housing and\nincarcerated individual disciplinary program, assistant chief of\ninvestigations, director of CERT operations, correctional facility\noperations specialist, director of security staffing project,\ncorrectional security technical services specialist, assistant\ncommissioner and deputy commissioner.\n  j. Notwithstanding any provisions of subdivision a, b or i of this\nsection to the contrary, a member who is in the collective negotiating\nunit designated as the security services unit and established pursuant\nto article fourteen of the civil service law and who has elected or is\nrequired to contribute in accordance with this section may, on or before\nMarch thirty-first, nineteen hundred seventy-three, elect to come under\nthe provisions of section seventy-five-h of this article. Such election\nshall be duly executed and filed with the comptroller.\n  k. Any member who, on or before the effective date of this provision,\nis a security hospital treatment assistant under the jurisdiction of the\noffice of mental health may, by filing an election within one year after\nthe effective date of this provision, elect to be subject to the\nprovisions of this section. Such election shall be in writing, shall be\nduly executed and filed with the comptroller and shall be irrevocable.\n
N.Y. LAB Law § 631 — New York Code / Act LAB / Article 18 / Title 9 / Section 631
Corporation officers' liability
Status: in_force

§ 631. Corporation officers' liability. If a corporation is convicted\nof any violation under this title, the president, secretary, treasurer,\nor officers exercising corresponding functions shall each be guilty of a\nmisdemeanor.\n