N.Y. VAT Law § 2116 — New York Code / Act VAT / Title 10 / Article 46 / Section 2116
Additional requirements for applications
Status: in_force

§ 2116. Additional requirements for applications. (a) An application\nfor a certificate of title shall be accompanied by the required fee when\nmailed or delivered to the commissioner.\n  (b) Except as provided for in subdivision (c) of this section, an\napplication for the naming of a lienholder or his assignee on a\ncertificate of title shall be accompanied by the required fee when\nmailed or delivered to the commissioner.\n  (c) The filing of a notice of lien by the office of temporary and\ndisability assistance, or a local social services district, or its\nauthorized representative, or a lien of another state agency operating\nunder title IV-D of the social security act, shall constitute an\napplication for the naming of a lienholder on a certificate of title.\nThe filing of an application by any such agency shall be completed\nwithout payment of a fee.\n
N.Y. VAT Law § 2125 — New York Code / Act VAT / Title 10 / Article 46 / Section 2125
Fees
Status: in_force

§ 2125. Fees. (a) The commissioner shall be paid the following fees:\n  * (1) for filing an application for a certificate of title, fifty\ndollars except where the application relates to a mobile home or a\nmanufactured home as defined in section one hundred twenty-two-c of this\nchapter, in which case the fee shall be one hundred twenty-five dollars;\n  * NB Effective until April 1, 2028\n  * (1) for filing an application for a certificate of title, five\ndollars except where the application relates to a mobile home or a\nmanufactured home as defined in section one hundred twenty-two-c of this\nchapter, in which case the fee shall be twenty-five dollars;\n  * NB Effective April 1, 2028\n  (2) for each security interest noted upon a certificate of title, five\ndollars;\n  (3) for a duplicate certificate of title, twenty dollars.\n  (b) If an application, certificate of title or other document required\nto be mailed or delivered to the commissioner under any provision of\nthis article is not delivered to the commissioner within ten days from\nthe time it is required to be mailed or delivered, the commissioner may\nimpose, as a penalty, an amount equal to the fee required for the\ntransaction.\n  (c) The fee for filing a notice of security interest shall be paid by\nthe party secured and such fee shall not be charged to the owner in any\nmanner.\n  (d) The provisions of this section with respect to the payment of fees\nfor the issuance of a title certificate shall not apply to any vehicle\nwhich is exempt from the payment of a registration fee by any provision\nof this chapter.\n  (e) The provisions of this section with respect to the payment of fees\nfor recording a security interest on a certificate of title shall not\napply to any security interest reserved or created on behalf of the\nUnited States, this state, any of the political subdivisions of this\nstate, or any public authority of this state created by law.\n  (f) Whenever the commissioner prescribes a procedure which causes\nimages relating to an application for a certificate of title to be\ncreated and stored an additional fee not to exceed one dollar above the\nactual cost of producing a certificate of title rounded to the nearest\ntwenty-five cents shall be paid to the commissioner upon the filing of\nan application for a certificate or duplicate certificate of title.\n  * (g) Fees assessed for filing an application for a certificate of\ntitle shall be deposited to the credit of the dedicated highway and\nbridge trust fund with the exception of the forty dollar increase in the\napplication for an original title for vehicles other than a mobile or\nmanufactured home and the one hundred dollar increase in the application\nfor an original title for a mobile or manufactured home collected\npursuant to paragraph one of subdivision (a) of this section, and the\nten dollar increase in the fee for a duplicate certificate of title\ncollected pursuant to paragraph three of subdivision (a) of this section\nwhich shall be deposited in the dedicated highway and bridge trust fund\nestablished pursuant to section eighty-nine-b of the state finance law\nand the dedicated mass transportation fund established pursuant to\nsection eighty-nine-c of the state finance law and distributed according\nto the provisions of subdivision (d) of section three hundred one-j of\nthe tax law.\n  * NB Repealed April 1, 2028\n
N.Y. PBA Law § 1230-J — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-J
Imposition and disposition of fees, rates or charges
Status: in_force

§ 1230-j. Imposition and disposition of fees, rates or charges. 1. The\nwater board shall establish, fix and revise, from time to time, fees,\nrates or other charges for the use of, or services furnished, rendered\nor made available by, all projects, the facilities and system owned,\nleased or utilized by the water board pursuant to this title in an\namount at least sufficient at all times so as to provide funds in an\namount sufficient, together with other revenues available to the board,\nif any, (a) to pay to the authority, in accordance with any agreement\nwith the authority, an amount sufficient for the purpose of paying the\nprincipal of and the interest on the outstanding bonds of the authority\nas the same shall become due and payable and maintaining or funding a\ncapital or debt service reserve fund therefor, if any, or any other fund\ndetermined necessary by the authority, and, to the extent requested by\nthe city or any municipality in, or annually pursuant to, any agreement,\nto pay to the city or any municipality, in accordance with any\nagreement, an amount sufficient for the purpose of paying the principal\nof and interest on general obligation bonds of the city or any\nmunicipality issued for or allocable to the facilities of the system, as\nthe same shall become due and payable, and to maintain or fund reserves\ntherefor, (b) to pay to the city or any municipality, in accordance with\nany agreement, an amount sufficient for the purpose of paying the costs\nof administering, maintaining, repairing and operating and the cost of\nconstructing capital improvements to the system, (c) to pay to the city\nor any municipality in accordance with any agreement entered into\npursuant to section twelve hundred thirty-h of this title an amount\nsufficient for the purpose of paying liabilities issued for or allocable\nto the system, as the same shall become due and payable, (d) to pay to\nthe city or any municipality, in accordance with this title or any\nagreement entered into pursuant to this title, an amount sufficient for\nthe purpose of paying any payment in lieu of taxes as the same shall\nbecome due and payable, (e) to raise an amount sufficient for the\npurpose of paying the costs of administering, managing, maintaining,\nrepairing and operating any system facility, (f) to meet any\nrequirements of any agreement, including requirements relating to the\nestablishment of reserves for renewal and replacement and for\nuncollected rates, fees or other charges and covenants respecting rates,\n(g) to pay all other reasonable and necessary expenses of the authority\nand the water board in relation thereto, and (h) to pay or provide for\nsuch other purposes or projects as the water board considers appropriate\nand in the public interest.\n  2. There is hereby established in the custody of the water board a\nspecial fund to be known as the local water fund. Such fund shall\nconsist of the revenues derived from the fees, rates, rents and service\ncharges established, charged and collected pursuant to this title and\nany other income earned or moneys received by the water board. Revenues\nin the local water fund shall be kept separate and shall not be\ncommingled with any other moneys in the custody of the water board.\nSubject to any agreements made by the water board in connection with the\nissuance of any bonds of the authority, all moneys, properties and\nassets acquired by the water board, whether as revenues or otherwise,\nshall be held by it in trust for the purposes of carrying out its powers\nand duties, and shall be used and reused in accordance with the purposes\nand provisions of this article.\n  3. The water board shall deposit promptly, to the credit of the local\nwater fund, revenues collected under this article in a bank, banking\nhouse or trust company as may be designated in or pursuant to the\nagreements.\n  4. No fee, rate or other charge shall be established, fixed or revised\nunless and until the water board has held a public hearing at which the\nusers of the system, the owners of property served or to be served and\nother interested persons have had an opportunity to be heard concerning\nthe same. Notice of such public hearing shall be published by the water\nboard not less than ten nor more than twenty days before the date set\ntherefor in a newspaper or newspapers having general circulation in the\nservice area, as shall be designated by the water board. Such notice\nshall set forth the date, time and place of such hearing and shall\ninclude a brief description of the matters to be considered at such\nhearing. A copy of the notice shall be filed in the office of the\nsecretary of the water board and shall be available for inspection by\nthe public. At all such hearings, any users of the system, owners of\nproperty served or to be served and any other interested persons shall\nhave an opportunity to be heard concerning the matters under\nconsideration. Any decision of the water board on matters considered at\nsuch public hearing shall be in writing and be made available in the\noffice of the secretary of the water board for public inspection. Such\ndecision shall be published in a newspaper or newspapers having a\ngeneral circulation in the service area as shall be designated by the\nwater board not later than thirty days after such decision is made. The\nfees, rates or other charges so established for any class of users of\nproperty served shall be extended to cover any additional premises\nthereafter served which are within the same class, without the necessity\nof a hearing thereon.\n  5. The fees, rates or other charges established, fixed and revised\nfrom time to time by the water board shall be collected by the water\nboard at such times and in such manner as may be determined by the rules\nand regulations adopted by the water board consistent with the\nprovisions of this title.\n  6. Such fees, rates or other charges, if not paid when due, shall\nconstitute a lien upon the premises served and a charge against the\nowners or users thereof, which lien and charge shall bear interest at\nthe same rate as would unpaid taxes of the city. Such lien shall take\nprecedence over all other liens or encumbrances, except taxes, and may\nbe foreclosed against the lot or building served in the same manner as a\nlien for such taxes. The amount which remains due and unpaid for sixty\ndays may, with interest thereon, at the same rate as unpaid city taxes\nand with reasonable attorneys' fees, be recovered by the water board in\na civil action in the name of the water board against such owners. The\ncity and any state agency or municipality in the service area shall be\nsubject to the same fees, rates, rents or other charges under the same\nconditions as other users of the system. All rights, powers, duties,\nobligations and functions provided by law with respect to the fixing of\ncharges or rates for the supply of water, wastewater or storm water\nservices to users outside the city, shall be deemed to apply, as\nappropriate, to the water board established pursuant to this title.\n  7. The water board shall pay to the authority such amounts at such\ntimes and in such manner as may be provided in the agreement by and\namong the authority, the water board, the city, and any municipality\nconsistent with the priorities set forth in such agreement. There is\nhereby created a lien, by this title made a statutory lien within the\nmeaning of the uniform commercial code and any other state or federal\nlaw, upon the gross revenues of the water board, in favor of the payment\nof all amounts due pursuant to such agreement and in the order and\npriority set forth therein and which lien shall be a first lien upon\nsuch gross revenues. The gross revenues so subject to such statutory\nlien shall be and remain subject to such statutory lien until the\npayment in full of each such item in accordance with such priority. Said\nstatutory lien shall not be construed to give any holder or owner of any\nbond of the authority power to compel the sale of any system facility.\n  8. If there be any default by the water board, in the making of the\npayments to the authority required under this title, as a result of the\nfailure by the water board to impose sufficient fees, rates or other\ncharges, the authority may petition for the appointment by any court\nhaving jurisdiction in any proper action of a receiver to administer on\nbehalf of the water board, under the direction of said court, the\naffairs of the water board in order to achieve revenues at least\nsufficient to make such payments; and by and with the approval of said\ncourt, to establish, fix and revise, from time to time, fees, rates or\nother charges at least sufficient therefor in conformity with this\ntitle, and the resolution or trust indenture of the authority providing\nfor the issuance of its bonds and in accordance with such orders as the\ncourt shall make.\n  9. The water board shall prepare and transmit to the city or\nmunicipality in the service area of the water board, on or before the\nfirst day of December in each year, a list of those persons or property\nowners within the city or such municipality who are in arrears in the\npayment of fees, rates, or other charges for a period of sixty days or\nmore after the last day fixed for payment thereof without penalty. The\nlist shall contain a brief description of the properties for which the\nservices were provided, the names of the persons liable to pay for the\nsame and the amounts chargeable to each, including applicable penalties\nand interest. The city or such municipality shall levy or cause to be\nlevied such sums against the properties liable and shall state the\namount thereof in a separate column in the annual tax rolls of such\nmunicipality under the name of "delinquent water or wastewater or storm\nwater charges, if any". Such amounts, as and when collected by the city\nor such municipality, shall be paid over to the water board. All of the\nprovisions of the tax laws of the state covering the enforcement and\ncollection of unpaid taxes of an applicable municipality shall apply to\nthe collection of such unpaid fees, rates or other charges. In the event\nthat the enforcement of unpaid taxes, including unpaid delinquent water\nboard charges, does not yield moneys sufficient to pay in full all\nunpaid taxes including unpaid delinquent water board charges, the amount\nof unpaid water board charges to be paid to the water board shall be\nprorated.\n  10. The public service commission shall have no jurisdiction over the\nwater board or the authority with respect to the regulation of the fees,\nrates or other charges established, fixed or revised by the water board\nexcept as provided by law with respect to the supply of water to users\noutside the city or the service area.\n
N.Y. VAT Law § 2121 — New York Code / Act VAT / Title 10 / Article 46 / Section 2121
Release of security interest
Status: in_force

§ 2121. Release of security interest. (a) Upon the satisfaction of a\nsecurity interest in a vehicle the lienholder shall immediately upon\nclearance of payment execute a release of his security interest in a\nmanner prescribed by the commissioner and mail or deliver the release to\nthe owner or any person who delivers to the lienholder an authorization\nfrom the owner to receive the certificate. Payment sufficient to satisfy\nthe security interest by an insurer of the owner shall be deemed an\nauthorization by the owner for the delivery of the release of the\nsecurity interest to the insurer. If the payment in satisfaction of the\nsecurity interest is in cash, certified check, intra-bank transfer of\nfunds or an uncertified check or draft issued by an insurance company\nauthorized to do business in this state, the payment shall be deemed to\nbe cleared immediately upon receipt. The owner, other than a dealer\nholding the vehicle for resale, may cause the certificate and release to\nbe mailed or delivered to the commissioner, who shall release the\nlienholder's rights on the certificate or issue a new certificate.\n  (b) A dealer who receives a motor vehicle for the purposes of resale\nand who arranges for the satisfaction of any security interest in such\nvehicle, and for which a release of security interest has not been\nissued, may submit to the commissioner sufficient evidence to\ndemonstrate that such security interest has been satisfied and shall\nprovide notice to the lienholder two weeks prior to submission to the\ncommissioner. The commissioner shall, upon receipt of such evidence, a\nproper application and the appropriate fee pursuant to section\ntwenty-one hundred twenty-five of this article, promptly issue, within\nno more than fifteen business days of receipt by the department of all\nrequired information and fees, either a duplicate certificate without\nsuch lien included thereon, or a certificate without such lien included\nthereon. Evidence that a security interest has been satisfied shall\ninclude: (i) evidence that an interbank or electronic transfer of funds\nhas been made; or (ii) evidence that a copy of a cashier's or bank check\nhas been delivered; or (iii) other evidence as determined to be\nsatisfactory by the commissioner; and (iv) evidence that the amount\ndelivered to the lienholder is equal to the amount which has been\nrepresented to the dealer by the lienholder as sufficient to satisfy\nsuch lien. Such evidence shall be accepted by the commissioner as\nsufficient. Any evidence submitted to the commissioner pursuant to this\nsubdivision may, subject to approval of the commissioner, be submitted\nin electronic form. In addition to the penalties imposed by section\ntwenty-one hundred thirty of this article, any dealer who alters or\nforges evidence of payment, or fails to make a payment, shall be liable\nto any party for any damages resulting from the issuance of a new\ncertificate by the commissioner, plus attorney's fees and costs incurred\nin recovering such damages, provided however no subsequent purchaser of\na vehicle where the security interest was removed by the commissioner\nunder the provisions of this subdivision shall be liable for any errors\nin the removal of such security interest, and any dealer who so applied\nfor the removal of such security interest on such vehicle shall\nindemnify any such purchaser and lienholder. The commissioner is\nauthorized to adopt and enforce reasonable rules and regulations\nnecessary to carry out the provisions of this subdivision.\n
N.Y. PBA Law § 1232 — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232
Legislative intent
Status: in_force

§ 1232. Legislative intent. The state legislature hereby recognizes\nthat the creation of a Nassau county sewer and storm water finance\nauthority will be an effective mechanism to achieve substantial savings\nfor past and prospective sewer and storm water capital investments.\nMoreover, such authority will help ensure the health and well-being of\nall Nassau county residents and promote local environmental protection.\nAs such, the state legislature herein effectuates these laudable public\npurposes through the establishment of said authority for the specific\nand limited objective of refinancing outstanding sewer and storm water\ndebt issued by or on behalf of the county and financing future sewer and\nstorm water projects. In no manner is this legislation designed to alter\nthe county's administration or delivery of sewer and storm water\nservices to county residents nor is the authority intended to impose any\nadditional pecuniary burden on its ratepayers. As a vehicle expressly\ncreated to consolidate existing sewer districts, refinance debt, provide\na means for financing new debt and prepare for pending federal storm\nwater regulatory requirements, the authority will serve as an important\ntool to aid the county's fiscal recovery and benefit county taxpayers.\nFurther, the State legislature recognizes that the enactment of chapter\nthree hundred fourteen of the laws of two thousand three, extending the\noversight capacity of the Nassau county interim finance authority (NIFA)\nthrough calendar year two thousand seven, together with the chapter of\nthe laws of two thousand three which added this title, offers an\nopportunity for NIFA to continue financing the county's tax certiorari\nsettlements, thereby providing additional budgetary relief and fiscal\nstability.\n
N.Y. RSS Law § 384-D — New York Code / Act RSS / Article 8 / Title 10 / Section 384-D
Optional twenty year retirement plan for certain firefighters and police officers whose employer elects to provide same
Status: in_force

§ 384-d. Optional twenty year retirement plan for certain firefighters\nand police officers whose employer elects to provide same.\n  a. Any member of the retirement system who is a firefighter, police\nofficer or officer of any organized fire department or organized police\nforce or police department of any county, city, town, village, fire\ndistrict, police district or participating employer may elect to\ncontribute to the retirement system pursuant to this section within one\nyear after he or she becomes such an officer or member, if his or her\nemployer has previously elected to make the benefits provided herein\navailable to its officers and members, or within one year after his or\nher employer elects to make the benefits provided herein available to\nits officers and members.\n  b. Elections made pursuant to this section shall be in writing and\nshall be duly acknowledged and filed with the comptroller. Any member\nwho files such an election pursuant to this section may withdraw it\nafter it has been filed for at least a year. Such withdrawal shall be by\nwritten notice duly acknowledged and filed with the comptroller. After\nsuch withdrawal such member shall contribute to the retirement system as\notherwise provided in this article.\n  c. A member who elects to contribute in accordance with this section,\nshall contribute, in lieu of the proportion of compensation as provided\nin section three hundred twenty-one of this article, a proportion of his\ncompensation similarly determined. Such latter proportion shall be\ncomputed to provide, at the time when he shall first become eligible for\nretirement under this section, an annuity equal to one-eightieth of his\nfinal average salary for each year of service as a member rendered after\nhis employer elects the provisions of this section, and prior to the\nattainment of the age when he shall first become eligible for\nretirement.\n  Such member's rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section three hundred seventy-a of\nthis article for such period of time as his employer contributes\npursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller, make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller. Such member's rate of contribution shall also be\nappropriately reduced by any multiple of twenty-five per centum of the\nadditional cost which a member's employer has elected to contribute on\nhis behalf in lieu of such member's contributions pursuant to this\nsubdivision.\n  d. No such member shall be required to make contributions after\ncompleting twenty years of such 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 twenty\nyears of total creditable service in such fire department or police\nforce or department, or upon the attainment of age sixty-two, by filing\nan application therefor in a manner similar to that provided in section\nthree hundred seventy of this article.\n  (1) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity, if any, 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\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  (2) Upon attainment of age sixty-two and upon retirement without\ncompletion of twenty years of such service, each such member shall\nreceive a pension which together with an annuity, if any, which shall be\nthe actuarial equivalent of his accumulated contributions at the time of\nhis retirement and an additional pension which is the actuarial\nequivalent of the reserve-for-increased-take-home-pay to which he may\nthen be entitled, if any, 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 such fire department or police\nforce or department. Every such member shall also be entitled to an\nadditional pension equal to the pension for any creditable service\nrendered while not an employee of such fire department or police force\nor department as provided under paragraphs three and four of subdivision\na of section three hundred seventy-five of this article. This latter\npension shall not increase the total allowance to more than one-half of\nhis final average salary.\n  For the purpose only of determining the amount of the pension provided\nin this subdivision e, the annuity shall be computed as it would be if\nit were not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions, and if it were not reduced by reason of the\nmember's election to decrease his annuity contributions to the\nretirement system in order to apply the amount of such reduction in\npayment of his contributions for old-age and survivors insurance\ncoverage.\n  f. The increased pensions to such members, as provided by this\nsection, shall be paid from additional contributions made by the\nparticipating employer on account of such members. The actuary of the\nretirement system shall compute the additional contribution required for\neach member who elects to receive the special benefits provided under\nthis section. Such additional contributions shall be computed on the\nbasis of contributions during the prospective service of such member\nwhich will cover the liability of the retirement system for such extra\npensions.  Upon approval of the comptroller, such additional\ncontributions shall be certified by him to the fiscal officer of the\nparticipating employer.  The amount thereof shall be included in the\nannual appropriation of the participating employer for its fire\ndepartment and police force or department. Such amount shall be paid on\nthe warrant of the fiscal officer of the participating employer to the\npension accumulation fund of the retirement system.\n  g. In computing the twenty years of completed service of a member of a\npolice department or fire department, full credit shall be given for\nmilitary service as defined in subdivisions twenty-nine-a and thirty of\nsection three hundred two of this chapter. In addition, full credit\nshall be given and full allowance shall be made for prior service in a\nfire department or police force or department, other than the force or\ndepartment in which he is a member at the time of retirement, if his\nemployer elects to assume the cost of such prior fire or police service\nas hereinafter provided.\n  The member's employer, however, by appropriate action, may (a) in its\ninitial action under this section, elect to assume all of the additional\ncost on account of service as an officer or member of any such\ndepartment or force rendered to such employer prior to the effective\ndate of such election and (b) in any subsequent action, as hereafter\nprovided in this paragraph, elect to assume all of the additional cost\non account of previous service as an officer or member of any such other\ndepartment or force and, in addition may in its initial action under\nthis section, elect to assume any multiple of twenty-five per centum of\nsuch additional cost on account of such service for such current\nemployer rendered on and after the effective date of such initial\nelection. Any subsequent election changing the percentage of additional\ncost assumed by an employer shall apply only to service rendered for\nsuch employer on and after the effective date of such subsequent\nelection. The employer shall pay the additional cost so assumed by any\nsuch election by means of annual contributions which shall be determined\nby the actuary and paid by the employer in the same manner as the\ncontributions required under section three hundred twenty-three of this\narticle. An employer, which in its initial action elected to assume all\nof the additional cost on account of service only as an officer or\nmember of its police or fire department rendered prior to the effective\ndate of such election may elect to assume all of the additional cost,\nincluding the cost of the necessary actuarial reevaluation on account of\nprevious service rendered as an officer or member of any such organized\nfire department or organized police force or department of any county,\ncity, town, village, fire district, police district, or participating\nemployer other than such employer.\n  h. Upon retirement of any member pursuant to this section, any\nadditional amounts credited to the member's annuity savings account\npursuant to subdivision b of section three hundred thirty of this\narticle shall be treated as excess contributions and shall be used to\nprovide an annuity in addition to the annuity prescribed by this\nsection. Any other amounts credited to the member's annuity savings\naccount, except the amounts contributed or required to be contributed\nunder this section and except such amounts as are required to produce\nthe retirement allowance provided by subdivision e of this section, may\nat the option of the member at the time of retirement be withdrawn or\nused to provide an annuity in addition to the annuity prescribed by this\nsection.\n  i. Every member contributing on the basis of this section shall be\nseparated from the service on the last day of the calendar month next\nsucceeding the calendar month in which he or she attains age sixty-five,\nprovided, however, that such a member who attained the age of sixty-five\nbefore his or her employer elected to make the benefits provided herein\navailable to him or her, or who attains the age of sixty-five within one\nmonth after his or her employer makes such benefits available, to be\neligible for a pension computed in accordance with the provisions of\nsubdivision e of this section, shall be separated from the service\nwithin three months after his or her employer makes such benefits\navailable, or on or before December thirty-first, nineteen hundred\nsixty-eight, whichever shall last occur, provided further, however, to\nbe eligible to remain on payroll under this section after attaining the\nage of sixty-two, such members must be capable of performing the duties\nof their position.\n  j. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n  k. The benefits of this section shall be available only to those\npolice officers and firefighters whose employer elects to provide such\nbenefits by adopting a resolution to such effect and filing a certified\ncopy thereof with the comptroller.\n  l. Except for members of the Westchester county department of public\nsafety services who are required to contribute to the retirement system\nin the manner provided by section three hundred eighty-six of this\narticle, every member who enters or reenters service in the Westchester\ncounty department of public safety services on or after July first,\nnineteen hundred seventy-nine, and who is engaged directly in criminal\nlaw enforcement activities which aggregate fifty per centum or more of\nsaid member's service, shall contribute to the retirement system in the\nmanner provided for by this section.\n  m. Notwithstanding any inconsistent provision of law, if the town\nboard of the town of Southampton elects to make the benefits of this\nsection available to the members of its police department, each member\nof such department shall be separated from service upon completion of\ntwenty years of service, provided, however, that the town board may\npermit a member to continue in service on an annual basis after the\ncompletion of twenty years of service, but in no event shall such annual\nservice be continued after a member has attained age sixty unless such\nmember has not attained twenty years of service, except however, that a\nmember of such department who holds the rank of chief within such\ndepartment may be permitted by the town board to remain in service until\nsuch member has attained the age of sixty-five.\n  n. Notwithstanding any inconsistent provision of law, if the village\nboard of the village of Westhampton Beach elects to make the benefits of\nthis section available to the members of its police department, each\nmember of each department shall be separated from service upon\ncompletion of twenty years of service, provided, however, that the\nvillage board will permit a member to continue in service on an annual\nbasis after the completion of twenty years of service, but in no event\nshall such optional service be continued after a member has attained age\nfifty-five.\n  o. Any member of the police and fire retirement system who was a\nmember of the New York state employees' retirement system while employed\nas a police department cadet and whose membership therein was terminated\nby his or her attaining membership in the police and fire retirement\nsystem, may purchase credit in the said police and fire retirement\nsystem for prior creditable service in the New York state employees'\nretirement system earned while employed as a police department cadet and\nshall have the period of such prior service credit counted as police\nservice for the purpose of determining the amount of his or her pension\nand retirement allowance and period of service needed for retirement. In\norder to purchase credit pursuant to this subdivision, the member shall\npay into the pension accumulation fund the contribution amount as\ndetermined by the comptroller, either in a lump sum or in installments,\nnecessary to pay in full the cost of such previous service. If such\npayment be made in installments, the same shall be paid within a period\nno greater than the number of months of such member service granted.\n  p. (1) Any member of the police and fire retirement system, who was a\nmember of the New York state and local employees' retirement system\nwhile employed as a police department cadet and whose membership therein\nwas terminated by his or her attaining membership in the police and fire\nretirement system, may purchase credit in the said police and fire\nretirement system for prior creditable service in the New York state\nemployees' retirement system earned as a police department cadet and\nshall have the period of such prior service credit counted as police\nservice for the purpose of determining the amount of his or her pension\nand retirement allowance and period of service needed for retirement. In\norder to purchase credit pursuant to this subdivision a member shall\ndeposit in the pension accumulation fund a sum equal to the product of\nthe participating employers' normal contribution rate at the time of the\nmember's entry into such police department cadet service, his or her\nannual rate of compensation at that time, and the period of police\ndepartment cadet service being claimed, with regular interest. Such\ndeposit must be made within one year of the date of election by the\nparticipating employer, provided however, such member may elect to\ndeposit such amount over a period of time no greater than the period for\nwhich credit is being claimed, in which case such payments must commence\nwithin one year of the date of election by the participating employer.\nIf the full amount of such payments is not paid to the retirement\nsystem, the amount of service credited shall be proportional to the\ntotal amount of the payments made.\n  (2) The benefit provided for in paragraph one hereof shall be\nconditioned upon the participating employer electing, within three years\nof the effective date of this subdivision, in a manner similar to that\nprovided in subdivision a of section three hundred thirty of this\narticle to provide this benefit and assuming the additional cost thereof\non account of all of the officers and members of its organized police\nforce or department who are contributing under the provisions of this\nsection. The benefit provided for in paragraph one of this subdivision\nshall be paid from additional contributions made by the appropriate\nparticipating employer on account of such members. The actuary of the\nretirement system shall compute the additional contributions for each\nemployer who elects to provide the benefits provided under paragraph one\nof this subdivision. Such additional contributions shall be computed on\nthe basis of contributions during the prospective service of such\nmembers which will cover the liability of the retirement system for such\nextra pensions. Upon approval of the comptroller, such additional\ncontributions shall be certified by him to the fiscal officer of the\nparticipating employer.\n  q. Notwithstanding any inconsistent provision of law, if any person\nformerly employed as a paramedic by the town of Tonawanda between the\nperiod of October seventeenth, nineteen hundred seventy-four to May\nfourteenth, nineteen hundred eighty and who became employed by said town\nas a police officer on May fifteenth, nineteen hundred eighty and was\nassigned to the fifty-five year police retirement plan due to no\nnegligence of his own, desires to join the twenty year plan, he shall\nhave six months after the effective date of this subdivision to make\napplication for said transfer.\n  r. The benefits hereinabove provided shall be payable to a member,\nunless at the date of retirement, such member would otherwise be\nentitled to a greater benefit under other provisions of this article had\nhe withdrawn from this section, in which event such greater benefits\nshall be payable.\n  s. 1. Any member of the city of Yonkers police department or fire\ndepartment who was previously enrolled in an optional twenty year\nretirement plan pursuant to this section and whose enrollment in such\nplan ceased upon transfer to the retirement plan created pursuant to\nsection three hundred eighty-eight of this article, may elect to\nre-enroll in the twenty year retirement plan pursuant to this section if\nthe city council of the city of Yonkers elects to make such benefits\navailable.\n  2. The benefits provided by paragraph one of this subdivision shall be\nconditioned upon the participating employer electing within three years\nof the effective date of this subdivision, in a manner similar to the\nelection stipulated in subdivision b of section three hundred thirty of\nthis article, to provide such benefits and to assume the additional cost\nof such benefits for all officers and members of its organized police\ndepartment and fire department who otherwise transferred to the\nretirement plan provided by section three hundred eighty-eight of this\narticle.\n  t. Any member of the New York state and local police and fire\nretirement system who was a member of the New York city employees'\nretirement system while employed as a New York city police department\ntrainee or a New York city transit officer trainee and whose membership\ntherein was terminated by his attaining membership in the New York state\nand local police and fire retirement system, may purchase credit in the\nNew York state and local police and fire retirement system for prior\ncreditable service in the New York city employees' retirement system\nearned while employed as a police department trainee or transit officer\ntrainee and shall have the period of such prior service credit counted\nas police service for the purpose of determining the amount of his\npension and retirement allowance and period of service needed for\nretirement. In order to purchase credit pursuant to this subdivision,\nthe member shall pay into the pension accumulation fund the contribution\namount as determined by the comptroller, either in a lump sum or in\ninstallments, necessary to pay in full the cost of such previous\nservice. If such payment be made in installments, the same shall be paid\nwithin a period no greater than the number of months of such member\nservice granted.\n  * u. (1) Any member of the Nassau county police department who is\nenrolled in section three hundred eighty-five-a of this article, may\nelect to enroll in the twenty year retirement plan pursuant to this\nsection if Nassau county elects to make such benefits available.\n  (2) The benefits provided by paragraph one of this subdivision shall\nbe conditioned upon the participating employer electing within three\nyears of the effective date of this subdivision, in a manner similar to\nthe election stipulated in subdivision b of section three hundred thirty\nof this article, to provide such benefits and to assume the additional\ncost of such benefits for all officers and members of its organized\npolice department who otherwise would be covered by the retirement plan\nprovided by section three hundred eighty-five-a of this article.\n  * NB There are 2 sub u's\n  * u. 1. Any member of the Suffolk county police department who is\nenrolled in the retirement plan provided by section three hundred\neighty-seven-a of this article, may elect to enroll in the twenty year\nretirement plan pursuant to this section if Suffolk county elects to\nmake such benefits available.\n  2. The benefits provided by paragraph one of this subdivision shall be\nconditioned upon the participating employer electing within three years\nof the effective date of this subdivision, in a manner similar to the\nelection stipulated in subdivision b of section three hundred thirty of\nthis article, to provide such benefits and to assume the additional cost\nof such benefits for all officers and members of its organized police\ndepartment who otherwise would be covered by the retirement plan\nprovided by section three hundred eighty-seven-a of this article.\n  * NB There are 2 sub u's\n  v. (1) Notwithstanding any inconsistent provision of law, those\nindividuals employed as police officers by the village of Freeport,\nspecifically Kevin Case, Shawn Randall, Andrew Rhan, Scott Ballard and\nMichael Horne, and who are enrolled in an improved career retirement\nplan authorized pursuant to section three hundred seventy-five-i of this\narticle, who for reasons not ascribable to their own negligence failed\nto previously join the twenty year retirement plan pursuant to this\nsection may elect to enroll in such plan if the village of Freeport\nelects to make such benefits available.\n  (2) The benefits provided by paragraph one of this subdivision shall\nbe conditioned upon the participating employer electing within three\nyears of the effective date of this subdivision, in a manner similar to\nthe election stipulated in subdivision b of section three hundred thirty\nof this article, to provide such benefits.\n  (3) The employer shall have the option of amortizing the cost of this\nmeasure over a period of five years.\n  w. Notwithstanding any other provision of law to the contrary, any\nmember of the New York state and local police and fire retirement system\nwho was a member of the New York state and local employees' retirement\nsystem while employed as an investigator-trainee, Waterfront Commission\nof New York Harbor or the New York Waterfront Commission, which are not\ndeemed to be police service, who are employed by the New York Waterfront\nCommission, which is an employer electing to participate in the optional\ntwenty year retirement plan pursuant to this section shall be deemed to\nhave provided police service while so employed by the Waterfront\nCommission of New York Harbor or the New York Waterfront Commission and\nshall receive creditable service in the New York state and local police\nand fire retirement system for prior creditable service in the New York\nstate and local employees' retirement system earned while employed as an\ninvestigator-trainee and shall have the period of such prior service\ncredit counted as police service for the purpose of determining the\namount of their pension and retirement allowance and period of service\nneeded for retirement.\n  x. Notwithstanding any provision of this section, service as an\naircraft rescue firefighter employed by the Niagara frontier\ntransportation authority shall be included for the purposes of computing\npolice or fire service for retirement pursuant to this section, provided\nsuch authority has elected to participate in the New York state and\nlocal police and fire retirement system and elects to provide the\nbenefit of this section.\n  y. Any member currently enrolled pursuant to this section and who\npreviously transferred service credit from the New York state and local\nemployees' retirement system to the New York state and local police and\nfire retirement system, may elect to transfer such previously\ntransferred service credit back to the New York state and local\nemployees' retirement system, and such member shall have the option to\nretroactively transfer his or her membership into such employees'\nretirement system.\n
N.Y. PBA Law § 1232-Q — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-Q
Audit, annual report and budget review
Status: in_force

§ 1232-q. Audit, annual report and budget review. 1. In conformity\nwith the provisions of section five of article ten of the state\nconstitution, the accounts of the authority shall be subject to the\nsupervision of the comptroller and an annual audit shall be performed by\nan independent certified public accountant. The authority shall annually\nsubmit to the governor, comptroller, chairperson of the senate finance\ncommittee and chairperson of the assembly ways and means committee a\ndetailed report pursuant to the provisions of section twenty-eight\nhundred of this chapter, and a copy of such report shall be filed with\nthe county executive, the clerk of the county legislature, the county\ntreasurer and each member of the county legislature.\n  2. The authority shall be subject to the oversight of the county\noffice of legislative budget review.\n
N.Y. RSS Law § 383-C — New York Code / Act RSS / Article 8 / Title 10 / Section 383-C
Optional retirement of members holding the position of forest ranger in the service of the department of environmental conservation
Status: in_force

§ 383-c. Optional retirement of members holding the position of forest\nranger in the service of the department of environmental conservation.\na. As used in this section, the term "forest ranger in the service of\nthe department of environmental conservation" shall mean a person who\nserves on a full-time basis in the title of forest ranger I, forest\nranger II, forest ranger III, assistant superintendent of forest fire\ncontrol, superintendent of forest fire control or any successor titles\nor new titles in the forest ranger title series in the department of\nenvironmental conservation.\n  b. Notwithstanding any other provision of law providing for transfers\nbetween retirement systems, any forest ranger in the service of the\ndepartment of environmental conservation who is a member of the New York\nstate and local employees' retirement system may transfer to the New\nYork state and local police and fire retirement system and shall receive\ncredit pursuant to and be entitled to the retirement benefits afforded\nin accordance with this section. Upon any such transfer the member shall\nbe entitled to the amount of service which would have been deemed\ncreditable had such member been subject to such system during the course\nof his or her membership within such system. Contributions to such\nsystem shall be made in accordance with appropriate provisions of law\nrelating thereto. Application for such transfer must be made to the\nstate comptroller on or before December thirty-first, nineteen hundred\nninety-seven. The provisions of section three hundred forty-three of\nthis article shall apply to any member making application for transfer\nunder this subdivision.\n  c. Any forest ranger in the service of the department of environmental\nconservation who elects or is required to contribute under this section\nshall contribute to the New York state and local police and fire\nretirement system on the basis of retirement upon his:\n  1. Completion of twenty-five years of total creditable service, or\n  2. Attainment of age sixty, if prior thereto, on an allowance of\none-fiftieth of his final average salary for each year of total\ncreditable service not in excess of twenty-five years. Such election\nshall be in writing and shall be duly executed and filed with the\ncomptroller.\n  d. Every employee entering or re-entering service as a forest ranger\nin the service of the department of environmental conservation on or\nafter the effective date of this section shall contribute on the basis\nprovided for by this section.\n  e. A member who is required to contribute in accordance with this\nsection shall contribute, in lieu of the proportion of compensation as\nprovided in section three hundred twenty-one of this article, a\nproportion of his compensation similarly determined. Such latter\nproportion shall be computed to provide at the time when he shall first\nbecome eligible for retirement under this section, an annuity equal to\none-one hundredth of his final average salary for each year of service\nas a member prior to the attainment of the age when he shall first\nbecome eligible for retirement. Such member's rate of contribution\npursuant to this section shall be appropriately reduced pursuant to\nsection three hundred seventy-a of this article for such period of time\nas his employer contributes 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  f. 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 or upon the attainment of\nage sixty by filing an application therefor in a manner similar to that\nprovided in section three hundred seventy of this article. He thereupon\nshall receive, on retirement, a retirement allowance consisting of:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n  2. A pension which, together with such annuity and a pension which is\nthe actuarial equivalent of the reserve-for-increased-take-home-pay to\nwhich he may then be entitled, if any, shall equal one-fiftieth of this\nfinal average salary for each year of creditable service in such\ndivision. This pension shall not exceed the amount needed to make the\ntotal amount of the benefits provided under this paragraph and paragraph\none of this subdivision equal to one-half of final average salary.\n  3. For each year of total creditable service in excess of twenty-five\nyears, an additional pension which shall be equal to one-sixtieth of his\nfinal average salary; provided, however, that the total allowance\npayable pursuant to this section shall not exceed three-quarters of such\nmember's final average salary.\n  4. An additional pension equal to the pension for any creditable\nservice rendered while not employed as a forest ranger in the service of\nthe department of environmental conservation as provided under\nparagraphs two and three of subdivision a of section three hundred\nseventy-five of this article. This pension shall:\n  (i) be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service as a\nforest ranger in the service of the department of environmental\nconservation for which he receives credit under this article, and\n  (ii) not increase the total allowance to more than he would have\nreceived had his total service been rendered as a forest ranger in the\nservice of the department of environmental conservation.\n  For the purpose only of determining the amount of the pension provided\nherein, the annuity shall be computed as it would be:\n  (A) if not reduced by the actuarial equivalent of any outstanding\nloan, and\n  (B) if not increased by the actuarial equivalent of any additional\ncontributions, and\n  (C) if not reduced by reason of the member's election to decrease his\nannuity contributions to the retirement systems in order to apply the\namount of such reduction in payment of his contributions for old-age and\nsurvivors insurance coverage.\n  g. The increased pensions to a forest ranger in the service of the\ndepartment of environmental conservation, as provided by this section,\nshall be paid from additional contributions made by the state on account\nof such members. The actuary of the retirement system shall compute the\nadditional contribution of 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 by the comptroller, such\nadditional contributions shall be certified by him to the commissioner\nof environmental conservation.  The amount thereof shall be included in\nthe annual appropriation of the state for the department of\nenvironmental conservation. Such amount shall be paid on the warrant of\nthe comptroller to the pension accumulation fund of the retirement\nsystem.\n  h. In computing the twenty-five years of total creditable service of a\nforest ranger in the service of the department of environmental\nconservation, full credit shall be given and full allowance shall be\nmade for service of such member in time of war and service with the\nAmerican expeditionary forces subsequent to November eleventh, nineteen\nhundred eighteen, and prior to June thirtieth, nineteen hundred nineteen\nof honorably discharged officers, soldiers, sailors, marines and army\nnurses, who were actual residents of the state at the time of their\nentry into the military service of the United States, and the service of\nmembers of the national guard in the military service of the United\nStates of America pursuant to the call of the president or Mexican\nborder service.\n  i. The provision of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n  j. Notwithstanding any provision of subdivision d, e, or i of this\nsection to the contrary, a member who is in the collective negotiating\nunits designated as the security services unit or security supervisors\nunit or designated management confidential employees and established\npursuant to article fourteen of the civil service law and who has\nelected or is required to contribute in accordance with this section\nmay, on or before March thirty-first, nineteen hundred ninety-eight,\nelect to come under the provisions of section three hundred\nseventy-five-h of this article. Such election shall be duly executed and\nfiled with the comptroller.\n  k. Commencing with the effective date of this section and in a manner\ndetermined by the head of the retirement system, the employer shall make\ncontributions to the retirement system to fund the past service\nliability cost associated with the implementation of this section as\nthose costs are calculated by the retirement system actuary. Such\ncontributions may be made, at the election of the employer, in level\ndollar installments over a ten year period.\n
N.Y. PBA Law § 1230-N — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-N
Remedies of bondholders
Status: in_force

§ 1230-n. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the offices of the clerk of the city,\nsecretary of the water board and the authority and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may and, upon written request of the holders of\ntwenty-five percent in principal amount of such bonds outstanding, shall\nin his, her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to require the water board to collect fees, rates\nand charges adequate to carry out any agreement as to, or pledge of,\nsuch fees, rates and charges and to require the authority to carry out\nany other agreements with the water board, the city and/or any\nmunicipality and/or the holders of such bonds to perform its duties\nunder this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in Niagara county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenue derived from the properties.\n
N.Y. PBA Law § 1949-E — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-E
Code of ethics
Status: in_force

§ 1949-e. Code of ethics. 1. Definition. As used in this section the\nterm "authority employee" shall mean any member, officer or employee of\nthe authority.\n  2. Rule with respect to conflicts of interest.  No authority employee\nshould have any interest, financial or otherwise, direct or indirect, or\nengage in any business or transaction or professional activity or incur\nany obligation of any nature, which is in substantial conflict with the\nproper discharge of his or her duties in the public interest.\n  3. Standards.  a. No authority employee should accept other employment\nwhich will impair his or her independence of judgment in the exercise of\nhis or her official duties.\n  b. No authority employee should accept employment or engage in any\nbusiness or professional activity which will require the employee to\ndisclose confidential information which he or she has gained by reason\nof his or her official position or authority.\n  c. No authority employee should disclose confidential information\nacquired by the employee in the course of his or her official duties nor\nuse such information to further his or her personal interests.\n  d. No authority employee should use or attempt to use his or her\nofficial position to secure unwarranted privileges or exemptions for\nhimself or herself or others.\n  e. No authority employee should engage in any transaction as\nrepresentative or agent of the authority with any business entity in\nwhich he or she has a direct or indirect financial interest that might\nreasonably tend to conflict with the proper discharge of his or her\nofficial duties.\n  f. An authority employee should not by his or her conduct give\nreasonable basis for the impression that any person can improperly\ninfluence such employee or unduly enjoy his or her favor in the\nperformance of his or her official duties, or that he or she is affected\nby the kinship, rank, position or influence of any party or person.\n  g. An authority employee should abstain from making personal\ninvestments in enterprises which he or she has reason to believe may be\ndirectly involved in decisions to be made by the employee or which will\notherwise create substantial conflict between his or her duty in the\npublic interest and his or her private interest.\n  h. An authority employee should endeavor to pursue a course of conduct\nwhich will not raise suspicion among the public that he or she is likely\nto be engaged in acts that are in violation of his or her trust.\n  i. No authority employee employed on a full-time basis nor any firm or\nassociation of which such an employee is a member nor corporation a\nsubstantial portion of the stock of which is owned or controlled\ndirectly or indirectly by such employee, should sell goods or services\nto any person, firm, corporation or association which is licensed or\nwhose rates are fixed by the authority in which such employee serves or\nis employed.\n  j. If any authority employee shall have a financial interest, direct\nor indirect, having a value of ten thousand dollars or more in any\nactivity which is subject to the jurisdiction of a regulatory agency, he\nor she should file with the secretary of state a written statement that\nhe or she has such a financial interest in such activity which statement\nshall be open to public inspection.\n  4. Violations.  In addition to any penalty contained in any other\nprovision of law any such authority employee who shall knowingly and\nintentionally violate any of the provisions of this section may be\nfined, suspended or removed from office or employment.\n
N.Y. PBG Law § 413 — New York Code / Act PBG / Article 13 / Title 10 / Section 413
Elmira Housing Authority
Status: in_force

§ 413. Elmira Housing Authority.  A municipal housing authority, to be\nknown as the Elmira Housing Authority, is hereby created and established\nfor the city of Elmira in the county of Chemung for the accomplishment\nof any or all of the purposes specified in article eighteen of the\nconstitution of the state of New York. It shall constitute a body\ncorporate and politic and consist of five members. It shall have the\npowers and duties now or hereafter conferred by this chapter upon\nmunicipal housing authorities. It shall be organized in the manner\nprescribed by and subject to the provisions of this chapter, and the\nauthority, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of this\nchapter. Such authority shall have perpetual duration; provided,\nhowever, that if, at the expiration of three years subsequent to the\ntime this section as hereby added takes effect, there shall be\noutstanding no bonds or other obligations of such authority theretofore\nissued for any of the purposes authorized in this chapter, then its\ncorporate existence shall thereupon terminate and such authority shall\nthereupon be deemed to be and shall be dissolved.\n
N.Y. PBA Law § 1232-C — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-C
Nassau county sewer and storm water finance authority
Status: in_force

§ 1232-c. Nassau county sewer and storm water finance authority. 1. A\npublic benefit corporation, to be known as the "Nassau county sewer and\nstorm water finance authority" is hereby created for the public\npurposes, charged with the duties and having the powers provided in this\ntitle. The authority shall be a "covered organization", as such term is\ndefined pursuant to the Nassau county interim finance authority act in\nsubdivision ten of section thirty-six hundred fifty-one of this chapter,\nand shall maintain itself as a publicly rated investment grade entity.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation, the objects of which in the judgment of the\nlegislature cannot be attained under general laws. The authority's\ngoverning body shall consist of seven members who shall be residents of\nthe county, and be appointed by the county executive and confirmed by\nthe county legislature; one upon the recommendation of the county\ncomptroller, two upon recommendation of the presiding officer of the\ncounty legislature and two upon recommendation of the minority leader of\nthe county legislature. No more than four members shall be members of\nthe same political party. The first members appointed by the county\nexecutive shall be appointed for the following terms of office: two for\na term ending on December thirty-first, two thousand five, three for a\nterm ending on December thirty-first, two thousand six and two for a\nterm ending on December thirty-first, two thousand seven. Subsequent\nappointments of members shall be made for a term of three years ending\nin each case on December thirty-first of the last year of such term. All\nmembers shall continue to hold office until their successors are\nappointed and qualify, provided that any member who is a county employee\nshall cease to hold office upon termination of his or her status as a\ncounty employee. Vacancies shall be filled in the same manner provided\nfor original appointment. Vacancies, occurring otherwise than by\nexpiration of term of office, shall be filled by appointment for the\nunexpired terms. The governing body shall appoint a chairperson, a vice\nchairperson and a treasurer from their own members and a secretary who\nneed not be a member. Members may be removed from office for the same\nreasons and in the same manner as may be provided by law for the removal\nof officers of the county. In addition, a member may be removed from\noffice for inefficiency, neglect of duty or misconduct in office, after\nthe governing body has given such member a copy of the charges against\nhim or her and opportunity to be heard in person or by counsel in his or\nher defense, upon not less than ten days notice. If a member fails to\nattend three consecutive regular meetings of the authority, unless such\nabsence is for good cause and is excused by the chairperson of the\nauthority or, in the case of the chairperson of the authority, by the\nchairperson of the county legislature, the office may be deemed vacant\nfor purposes of nomination and appointment of a successor. Members shall\nserve without compensation, but each member shall be entitled to\nreimbursement of their actual and necessary expenses, including travel\nexpenses, incurred in the discharge of their duties, provided that the\naggregate of such reimbursement allowance to any one member of the\nauthority in any one fiscal year of the authority shall not exceed the\nsum of five thousand dollars; provided, however, that the authority\nshall adopt by-laws regarding the approval of such reimbursement of\ntheir actual and necessary expenses that specifically include a\nprocedure for prior approval of such expenses by a majority vote of the\nauthority.\n  2. The powers of the authority shall be vested in and be exercised by\nthe governing body at a meeting duly called and held where a quorum of\nfour members is present. No action shall be taken except pursuant to the\nfavorable vote of at least four members; provided, however, that no\naction shall be taken approving borrowing and contracts in an amount\nexceeding fifty thousand dollars, except by favorable vote of five\nmembers of the governing body. The governing body may delegate to one or\nmore of its members or officers such powers and duties as it may deem\nproper.\n  3. The officers of the authority, consisting of the chairperson, the\nvice chairperson, the treasurer and the secretary shall serve in such\ncapacities at the pleasure of the governing body without compensation,\nbut each such officer shall be reimbursed for actual and necessary\nexpenses incurred in the performance of such officer's official duties\nas officers of the authority. The governing body may also from time to\ntime contract for expert professional services. The treasurer shall\nexecute a bond, conditioned upon the faithful performance of the duties\nof his or her office, the amount and sufficiency of which shall be\napproved by the governing body and the premium therefore shall be paid\nby the authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality or any public benefit\ncorporation shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member or officer of the\nauthority, nor shall service as such member or officer be deemed\nincompatible or in conflict with such office, membership or employment,\nprovided, that such officer serves in an unpaid capacity.\n  5. The authority shall hire no employees.\n  6. (a) The county executive shall file on or before March thirty-first\nof the year following the year in which this title shall have become a\nlaw, in the office of the secretary of state, a certificate signed by\nthe county executive setting forth: (1) the name of the authority; (2)\nthe names of the members appointed by the county executive and their\nterms of office; and (3) the effective date of this title. If such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate, and it shall thereupon be deemed to be and shall be\ndissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw; provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights, properties, responsibilities and liabilities of the authority\nthen remaining shall pass to and vest in the county.\n  7. Nothing herein shall be construed to exempt the authority from the\nrequirements set forth in the environmental conservation law and the\nregulations promulgated thereunder implementing the provisions of the\nstate environmental quality review act.\n  8. It is hereby determined and declared that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state for the improvement of\ntheir health, welfare and prosperity, and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  9. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n
N.Y. SOS Law § 349-B — New York Code / Act SOS / Article 5 / Title 10 / Section 349-B
Deserted, abandoned and out-of-wedlock children; special provisions
Status: in_force

§  349-b.  Deserted, abandoned and out-of-wedlock children; special\nprovisions.  1.  In addition to other eligibility requirement each\nperson who is applying for or receiving assistance under this title, and\nwho is otherwise eligible for assistance under this title, shall be\nrequired, as a further condition of eligibility for such assistance:\n  (a)  to assign to the state and the social services district any\nrights to support such person may have either in his own behalf or in\nbehalf of any other family member for whom he is applying for or\nreceiving aid; and\n  (b)  to cooperate with the state and the social services official, in\naccordance with standards established by regulations of the department\nconsistent with federal law, in establishing the paternity of a child\nborn out-of-wedlock for whom assistance under this title is being\napplied for or received, in their efforts to locate any absent parent\nand in obtaining support payments or any other payments or property due\nsuch person and due each child for whom assistance under this title is\nbeing applied for or received, except that an applicant or recipient\nshall not be required to cooperate in such efforts in cases in which the\nsocial services official has determined, in accordance with criteria,\nincluding the best interests of the child, as established by regulations\nof the department consistent with federal law, that such applicant or\nrecipient has good cause to refuse to cooperate.  Each social service\ndistrict shall inform applicants for and recipients of family assistance\nrequired to cooperate with the state and local social services officials\npursuant to the provisions of this paragraph, that where a proceeding to\nestablish paternity has been filed, and the allegation of paternity has\nbeen denied by the respondent, that there shall be a stay of all\npaternity proceedings and related local social services proceedings\nuntil sixty days after the birth of the child.  Such applicants and\nrecipients shall also be informed that public assistance and care shall\nnot be denied during the stay on the basis of refusal to cooperate\npursuant to the provisions of this paragraph.\n  2.  The amount of the payments due from the absent parent in meeting\nhis support obligations under this section shall be the amount of a\ncurrent court support order or, in the absence of a court order, if such\nparent agrees to meet his support obligation, an amount to be determined\nin accordance with a support formula established by the department and\napproved by the secretary of the federal department of health, education\nand welfare.\n
N.Y. PBA Law § 1232-I — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-I
State and county not liable on authority bonds
Status: in_force

§ 1232-i. State and county not liable on authority bonds. Neither the\nstate nor the county shall be liable on the bonds of the authority and\nsuch bonds shall not be a debt of the state or the county, and such\nbonds shall contain, on the face thereof, a statement to such effect.\n
N.Y. PBA Law § 1226-O — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-O
Moneys of the authority
Status: in_force

§ 1226-o. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or trust company in the state\ndesignated by the governing body. The moneys in such accounts shall be\npaid out on check of the treasurer upon requisition by the governing\nbody or of such other person or persons as the governing body may\nauthorize to make such requisitions. All deposits of such moneys shall\nbe secured by obligations of the United States or of the state of a\nmarket value equal at all times to the amount on deposit and all banks\nand trust companies are authorized to give such security for such\ndeposits. To the extent practicable, consistent with the cash\nrequirements of the authority, all such moneys shall be deposited in\ninterest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\nto carry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section.  Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bond and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the comptroller, the authority shall prescribe a system of accounts.\n
N.Y. PBA Law § 1230-S — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-S
Exemption from taxes, assessments and certain fees
Status: in_force

§ 1230-s. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the water board\nand the carrying out of its corporate purposes is in all respects for\nthe benefit of the people of the city and any municipality in the\nservice area and is a public purpose, and the authority and the water\nboard shall be regarded as performing governmental functions in the\nexercise of the powers conferred upon each by this title, and the\nauthority and the water board shall not be required to pay any fees,\ntaxes, special ad valorem levies or assessments, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies or\nassessments on real property, franchise taxes, sales taxes or other\nexcise taxes, upon any property owned by them or under their\njurisdiction, control or supervision, or upon the uses thereof, or upon\ntheir activities in the operation and maintenance of its facilities or\nany fares, tolls, rentals, rates, charges, fees, revenues or other\nincome received by the authority or the water board. The authority and\nthe water board shall at all times be exempt from any filing, mortgage\nrecording or transfer fees or taxes in relation to instruments filed,\nrecorded or transferred by it or on its behalf. The construction, use,\noccupation or possession of any property owned by the authority or the\nwater board, including improvements thereon, by any person or public\ncorporation under a lease, lease and sublease or any other agreement\nshall not operate to abrogate or limit the foregoing exemption,\nnotwithstanding that the lessee, user, occupant or person in possession\nshall claim ownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority or the water board\nshall at all times be exempt from taxes, except for transfer and estate\ntaxes. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to secure the payment of such bonds shall at all\ntimes be free from taxation, except for transfer and estate taxes.\n  3. Notwithstanding the provisions of this section to the contrary, any\nreal property of the authority or water board located outside the\nboundaries of the city shall be exempt from the payment of taxes,\nspecial ad valorem levies and special assessments only if and to the\nextent that such real property would have been exempt if owned by the\ncity.\n  4. Notwithstanding any provision in this section to the contrary, the\nwater board may pay, or may enter into agreements with the city or any\nmunicipality to pay, a sum or sums, annually or otherwise, or to provide\nother considerations to such city or municipality, with respect to real\nproperty of the water board located within such municipality and\nprovided that any such payment or agreement to pay shall be subject to\napproval by the authority.\n  5. The water board shall not be required to pay any taxes or other\ngovernmental fees or charges, whether imposed by the state or any\nmunicipality, including, without limitation, franchise taxes, sales\ntaxes or other excise taxes, or any other tax or charge upon its\nproperty or activities or upon any of its revenues or other income.\n  6. Notwithstanding any other provision of this section, any payment by\nthe water board in lieu of tax payments described in this subdivision\nshall be subordinate to any other payments required to be made to the\nauthority pursuant to this title, including, without limitation, the\npayment of sums to the authority or to any trustee representing the\nholders of any bonds issued by the authority.\n
N.Y. RSS Law § 384-B — New York Code / Act RSS / Article 8 / Title 10 / Section 384-B
Retirement of members of the police department of the city of Glen Cove, after twenty years of service
Status: in_force

§ 384-b. Retirement of members of the police department of the city of\nGlen Cove, after twenty years of service.  a. As used in this section,\nthe following words and phrases shall have the following meanings unless\na different meaning is plainly required by the context:\n  1. "Police department".  Members of the city of Glen Cove police\ndepartment.\n  2. "Service in such department".  Full time police duty as an officer\nor member of the organized police department in the above mentioned\ncity.\n  b. Every member in the police department who enters or re-enters\nservice in the department on or after July first, nineteen hundred\nsixty-five, and who is contributing under former section eighty-four-a\nof this chapter and members entering or re-entering service in the\ndepartment on and after April first, nineteen hundred sixty-seven and\nprior to September first, nineteen hundred eighty, shall contribute to\nthe retirement system in the manner provided for by this section.\n  c. Every member in the police department who entered such service\nprior to July first, nineteen hundred sixty-five and who elected to\ncontribute under former section eighty-four-a of this chapter shall\ncontribute on the basis provided for by this section.\n  d. A member who elected to contribute under former section\neighty-four-a or is required to contribute in accordance with this\nsection shall contribute, in lieu of the proportion of compensation as\nprovided in section three hundred twenty-one of this article, a\nproportion of his compensation similarly determined. Such latter\nproportion shall be computed to provide, at the time when he shall first\nbecome eligible for retirement under this section, an annuity equal to\none-eightieth of his final average salary for each year of service as a\nmember rendered after July first, nineteen hundred sixty-five and prior\nto the attainment of the age when he shall first become eligible for\nretirement.  No such member shall be required to continue contributions\nafter completing twenty years of 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 twenty\nyears of total creditable service in such department, or upon the\nattainment of age sixty-two, by filing an application therefore in a\nmanner similar to that provided in section seventy of this article.  He\nthereupon shall receive on retirement a retirement allowance consisting\nof:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n  3. A pension of one-eightieth of his final average salary for each\nyear of service rendered:\n  (a) Since he last became a member, and\n  (b) Prior to the completion of twenty years of total service in such\ndepartment, and\n  (c) Toward which he and his employer have contributed under this\nsection, plus\n  4. An additional pension, if required, of such amount as shall be\nnecessary to increase the total amount of the benefits provided under\nparagraphs one, two and three of this subdivision e to at least one-half\nof his final average salary. The computation of this pension shall be\nlimited so that the total service in such department used as a basis for\npension credit under this paragraph four and paragraph three of this\nsubdivision e, shall not exceed twenty years, plus\n  5. An additional pension equal to the pension for any creditable\nservice rendered while not an employee of such department as provided\nunder paragraphs three and four of subdivision (a) of section three\nhundred seventy-five of this article. This pension shall be based on\nmember's final average salary, and\n  (a) Be payable only if such member has attained age sixty-two at the\ntime of retirement and has not completed twenty years of service in such\ndepartment for which he receives credit under this article, and\n  (b) Not increase the total allowance to more than he would have\nreceived had his total service been rendered in such department.\n  For the purpose only of determining the amount of the pension provided\nin this subdivision, the annuity shall be computed as it would be if it\nwere not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions, and if it were not reduced by reason of the\nmember's election to decrease his annuity contributions to the\nretirement system in order to apply the amount of such reduction in\npayment of his contributions for old-age survivors insurance coverage.\n  f. A member who elects or is required to contribute in accordance with\nthis section shall retire on the first day of the calendar month next\nsucceeding his attainment of age sixty-two.\n  g. The increased pensions to any member in such department, as\nprovided by this section, shall be paid from additional contributions\nmade by the appropriate participating employer on account of such\nmember.  The actuary of the retirement system shall compute the\nadditional contributions for each member who elects the special benefits\nprovided under this section. Such additional contributions shall be\ncomputed on the basis of contributions during the prospective service of\nsuch member which will cover the liability of the retirement system for\nsuch extra pensions. Upon approval of the comptroller, such additional\ncontributions shall be certified by him to the fiscal officer of the\nparticipating employer. The amount thereof shall be included in the\nannual appropriation of the participating employer for its police\ndepartment.  Such amount shall be paid on the warrant of the fiscal\nofficer of the participating employer to the pension accumulation fund\nof the retirement system.\n  h. In computing the twenty years of completed service of a member in\nthe police department, full credit shall be given and full allowance\nshall be made for service of such member in time of war and service with\nthe American expeditionary forces subsequent to November eleventh,\nnineteen hundred eighteen, and prior to June thirtieth, nineteen hundred\nnineteen, of honorably discharged officers, soldiers, sailors, marines\nand army nurses, who were actual residents of the state at the time of\ntheir entry into the military service of the United States, and the\nservice of members of the national guard in the military service of the\nUnited States of America pursuant to the call of the president for\nMexican border service.\n  i. The provisions of this section shall be controlling,\nnotwithstanding any provision in this article to the contrary.\n
N.Y. PBH Law § 1373 — New York Code / Act PBH / Article 13 / Title 10 / Section 1373
Abatement of lead poisoning conditions
Status: in_force

§ 1373. Abatement of lead poisoning conditions.  1. Whenever the\ncommissioner or his or her representative shall designate an area of\nhigh risk, he or she shall give written notice and demand, served as\nprovided by this section, for the discontinuance of a paint condition\nconducive to lead poisoning in any designated dwelling in such area\nwithin a specified period of time.\n  2. Such notice and demand shall prescribe the method of discontinuance\nof a condition conducive to lead poisoning which may include the removal\nof paint containing more than one-half of one per centum of metallic\nlead based on the total weight of the contained solids or dried film of\nthe paint or other similar surface-coating material from surfaces\nspecified by the commissioner or his representative under such safety\nconditions as may be indicated and the refinishing of such surfaces with\na suitable finish which is not in violation of section one thousand\nthree hundred seventy-two of this title or the covering of such surfaces\nwith such material or the removal of lead contaminated soils or lead\npipes supplying drinking water as may be deemed necessary to protect the\nlife and health of occupants of the dwelling.\n  3. In the event of failure to comply with a notice and demand, the\ncommissioner or his or her representative shall take enforcement action\nas deemed appropriate by the commissioner or his or her representative,\nwhich may include conducting a formal hearing upon due notice in\naccordance with the provisions of section twelve-a of this chapter and\non proof of violation of such notice and demand may order abatement of a\npaint condition conducive to lead poisoning upon such terms as may be\nappropriate and may assess a penalty not to exceed two thousand five\nhundred dollars for such violation; provided, however, that abatement\nshall not be ordered if the respondent proves by a preponderance of\nevidence at such hearing that a paint condition conducive to lead\npoisoning in the designated dwelling does not exist.\n  4. A notice required by this section may be served upon an owner or\noccupant of the dwelling or agent of the owner in the same manner as a\nsummons in a civil action or by registered or certified mail to his last\nknown address or place of residence.\n  5. The removal of a tenant from or the surrender by the tenant of a\ndwelling with respect to which the commissioner or his representative,\npursuant to subdivision one of this section, has given written notice\nand demand for the discontinuance of a paint condition conducive to lead\npoisoning shall not absolve, relieve or discharge any persons chargeable\ntherewith from the obligation and responsibility to discontinue such\npaint condition conducive to lead poisoning in accordance with the\nmethod of discontinuance prescribed therefor in such notice and demand.\n
N.Y. RSS Law § 90 — New York Code / Act RSS / Article 2 / Title 10 / Section 90
Options
Status: in_force

§ 90. Options. a. A member; or if he is an incompetent, his spouse or\nthe committee of his property; or if he is a conservatee, his spouse or\nthe conservator of his property, may elect to receive a Single Life\nAllowance (a retirement allowance without optional modification) or to\nreceive the actuarial equivalent of his retirement allowance at the time\nof his retirement, in the form of a smaller retirement allowance payable\nto him for life and one of the following optional settlements:\n  Cash Refund-Contributions (Option One-half). If he dies before he has\nreceived annuity payments equal to the present value of his annuity, as\nit was at the time of his retirement, the balance thereof shall be paid\nto his estate or to a beneficiary designated as provided in this\nsection. In the event a designated beneficiary does not survive him, any\nbalance shall be payable to the estate of the deceased retired member or\nas provided in section one thousand three hundred ten of the surrogate's\ncourt procedure act. The beneficiary so designated may elect by written\ndesignation, duly executed and filed with the comptroller, to receive\nthe balance payable in the form of an annuity, the amount of which shall\nbe determined as the actuarial equivalent of such balance on the basis\nof regular interest and the age of such beneficiary at the time of the\nretiree's death, or in the alternative to receive the actuarial\nequivalent of such balance in the form of a reduced annuity payable for\nlife, with the further proviso that if he should die before the annuity\npayments received by him are equal to such actuarial equivalent, the\nbalance thereof shall be paid in a lump sum to his estate or to such\nperson as he shall have designated to receive same. In either case the\nelection shall be made within ninety days after the death of the\nretiree. The designation of the individual who is to receive such lump\nsum on the death of the beneficiary, may be changed by the beneficiary\nat any time. Such election, designation or change shall be made by a\nwriting, duly executed and filed with the comptroller. In the event a\ndesignated beneficiary has elected to receive a balance payable in the\nform of a reduced annuity, and the person designated by him to receive a\nlump sum payment does not survive him, such lump sum, if any, shall be\npayable to the estate of the designated beneficiary or as provided in\nsection one thousand three hundred ten of the surrogate's court\nprocedure act.\n  Cash Refund-Initial Value (Option One). If he dies before he has\nreceived retirement allowance payments equal to the present value of his\nretirement allowance, as it was at the time of his retirement, the\nbalance thereof shall be paid to his estate or to the beneficiary so\ndesignated. In the event a designated beneficiary does not survive him,\nany balance shall be payable to the estate of the deceased retired\nmember or as provided in section one thousand three hundred ten of the\nsurrogate's court procedure act. The beneficiary so designated may elect\nby written designation, duly executed and filed with the comptroller, to\nreceive the balance payable in the form of an annuity, the amount of\nwhich shall be determined as the actuarial equivalent of such balance on\nthe basis of regular interest and the age of such beneficiary at the\ntime of the retiree's death, or in the alternative, to receive the\nactuarial equivalent of such balance in the form of a reduced annuity\npayable for life, with the further proviso that if he should die before\nthe annuity payments received by him are equal to such actuarial\nequivalent, the balance thereof shall be paid in a lump sum to his\nestate or to such person as he shall have designated to receive same. In\neither case the election shall be made within ninety days after the\ndeath of the retiree. The designation of the individual who is to\nreceive such lump sum on the death of the beneficiary, may be changed by\nthe beneficiary at any time. Such election, designation or change shall\nbe made by a writing, duly executed and filed with the comptroller. In\nthe event a designated beneficiary has elected to receive a balance\npayable in the form of a reduced annuity, and the person designated by\nhim to receive a lump sum payment does not survive him, such lump sum,\nif any, shall be payable to the estate of the designated beneficiary or\nas provided in section one thousand three hundred ten of the surrogate's\ncourt procedure act.\n  Joint Allowance-Full (Option Two). Upon his death, a retirement\nallowance in an amount equal to that paid to him, shall be paid for life\nto the beneficiary so designated.\n  Joint Allowance-Half (Option Three). Upon his death, a retirement\nallowance of one-half the amount paid to him shall be paid for life to\nthe beneficiary so designated.\n  Actuarial Equivalent Allowance (Option Four). Such other optional\nbenefit or benefits as the comptroller shall approve and which shall be\nthe actuarial equivalent of his retirement allowance at the time of his\nretirement.\n  aa. In the event that the monthly retirement allowance payable to a\nmember or a beneficiary shall amount to less than twenty-five dollars,\nthen and in such event, the member or beneficiary may elect, in lieu of\nsuch monthly retirement allowance, to receive the actuarial equivalent\nthereof in a lump sum.\n  b. All elections under this section shall be made on blanks prepared\nby the comptroller for that purpose. Any such election may be made at\nany time before the first payment on account of any benefit becomes\nnormally due, except that in the case of retirement on account of\ndisability, such an election may be made within thirty days after\nmailing by the comptroller of notification of approval of retirement on\naccount of disability.\n  An optional election shall not become effective if the member dies\nbefore the effective date of his retirement. Provided, however, if a\nmember who is otherwise eligible for disability retirement pursuant to\nthis chapter dies after the filing in the office of the comptroller of\nthe application for disability retirement and a valid option election\nform pursuant to this chapter and it is established that the physical or\nmental impairment or incapacitation of the applicant specified in such\napplication was directly related to the cause of the applicant's death,\nsuch application shall be approved by the comptroller effective one day\nbefore the date of the applicant's death. An election of an option may\nbe withdrawn or a new option may be chosen within the period provided in\nthis subdivision b for the making of such an election. Except as\nprovided in subdivision b of section seventy of this article, where an\noptional election does not become effective, retirement shall be without\noption.\n  bb. 1. Notwithstanding any other provision of this section or of\nsection seventy of this article, the comptroller, for reasonable cause,\nshall have power to extend the time for the election of an option, for a\nperiod or periods which shall expire not later than sixty days\nimmediately after the effective date of a member's retirement.\n  2. Notwithstanding any other provision of this section, but except\nwhere payment of accumulated contributions, an ordinary death benefit,\nor both, is or are required pursuant to subdivision dd of section\nfifty-one of this article or subdivision aa of section sixty of this\narticle, retirement shall be on the basis of "Option One-half" unless\nthe member files an effective election pursuant to this section to\nretire on a different basis. The provisions of this paragraph two shall\napply to cases where retirement shall become effective on or after May\nfirst, nineteen hundred fifty-four.\n  c. A member, or person authorized by this section to make an election\nin his behalf, may designate his beneficiary under any of the options\nherein provided. Each such designation shall be:\n  1. Made in writing on a blank provided by the comptroller for such\npurpose, and\n  2. Ineffective until it is filed in the comptroller's office, and\n  3. Revocable to the extent that:\n  (a) A new beneficiary under a "Cash Refund-Contributions" option\n(Option One-half), or "a Cash Refund-Initial Value" option (Option One)\nmay be designated at any time during the member's life.\n  (b) A new beneficiary under any other option may be designated at any\ntime within the period provided for the making of an election pursuant\nto this section.\n  d. In the event of the death of a retired member, the installment of\nhis retirement allowance, which would have become due and payable next\nfollowing his death, shall be pro-rated as of the date of his death. The\namount of such installment, as so pro-rated, shall be paid as follows:\n  1. If the member shall have:\n  (a) Elected to receive an optional benefit pursuant to this section,\nand\n  (b) Designated a beneficiary pursuant to this section, such amount\nshall be paid to such beneficiary, if such beneficiary survives him. In\nany other case such amount shall be paid to the retired member's estate\nor pursuant to section one thousand three hundred ten of the surrogate's\ncourt procedure act.\n  2. If the member shall not have elected to receive an optional\nbenefit, such amount shall be paid to the beneficiary designated by him\npursuant to subdivision d of section fifty-one of this article. In the\nevent the appropriately designated beneficiary does not survive such\nmember, or if he shall not have so designated a beneficiary, such amount\nshall be payable to the retired member's estate or pursuant to section\none thousand three hundred ten of the surrogate's court procedure act.\n  e. Notwithstanding any other provision of this article, an option\nselection previously filed by a member or retired member subject to the\nprovisions of this section may be changed no later than thirty days\nfollowing the date of payability of his or her retirement allowance. A\nretired member who has been retired for disability may change an option\nselection previously filed no later than (1) thirty days following the\ndate on which such member's application for disability retirement was\napproved by the retirement board or (2) thirty days following the date\non which such retiree was retired for disability, whichever is later.\n
N.Y. PBA Law § 1232-H — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-H
Remedies of bondholders
Status: in_force

§ 1232-h. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (i) of subdivision four of\nsection twelve hundred thirty-two-g of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five percent in principal amount of such bonds outstanding shall,\nin his, her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to carry out any other agreements with the holders\nof such bonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall, in addition to the foregoing provisions of this\nsection, have and possess all of the powers necessary or appropriate for\nthe exercise of any functions specifically set forth in this section or\nincident to the general representation of bondholders in the enforcement\nand protection of their rights.\n  4. The state supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenues derived from the properties.\n
N.Y. PBA Law § 1232-K — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-K
Bonds legal investments for fiduciaries
Status: in_force

§ 1232-k. Bonds legal investments for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are authorized to invest in bonds or other obligations\nof the state, may properly and legally invest funds including capital in\ntheir control or belonging to them. The bonds are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of this state and all municipalities for any\npurposes for which the deposit of bonds or other obligations of this\nstate is authorized.\n
N.Y. ENV Law § 17-1017 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1017
Preemption of local law
Status: in_force

§ 17-1017. Preemption of local law.\n  1. Except as provided in subdivision two of this section, any local\nlaw or ordinance which is inconsistent with any provision of this title\nor any rule and regulation promulgated hereunder shall be preempted.\n  2. a. Any local law or ordinance of any county, or of any city of a\npopulation of one million or more, which is inconsistent with the\nprovisions of this title or any rules or regulations promulgated\nhereunder shall not be preempted if such local law or ordinance provides\nenvironmental protection equal to or greater than the provisions of this\ntitle or any rules or regulations promulgated hereunder, and such county\nor city files with the department a written declaration of its intent to\nadminister and enforce such local law or ordinance which is approved by\nthe commissioner in written findings which set forth the terms of such\napproval.\n  b. When any county, or city of a population of one million or more,\nfiles with the department a written declaration of its intent to\nadminister and enforce such local law or ordinance which is approved by\nthe commissioner in written findings which set forth the terms of such\napproval, the department shall continue to administer and enforce any\nprovision of this title with respect to any public authority created\nunder the public authorities law and the public authority shall notify\nin writing any such county, or city of a population of one million or\nmore when the public authority registers or reregisters a facility with\nthe department.\n
N.Y. RSS Law § 388 — New York Code / Act RSS / Article 8 / Title 10 / Section 388
Retirement of members in the city of Yonkers police force and fire department
Status: in_force

§ 388. Retirement of members in the city of Yonkers police force and\nfire department. a. As used in this section, the following words and\nphrases shall have the following meanings unless a different meaning is\nplainly required by the context:\n  1. "City." City of Yonkers.\n  2. "Department." City of Yonkers police department or fire department.\n  3. "Service in such department." Full time duty as a police officer,\nfirefighter or police, fire officer or commissioner of the department.\n  b. Any member in service in such department on September first,\nnineteen hundred sixty-five, who elected to contribute under former\nsection eighty-eight of this chapter, on or before January first,\nnineteen hundred sixty-six, shall contribute to the retirement system on\nthe basis of retirement upon his:\n  1. Completion of twenty-five years of service in such department, or\n  2. Attainment of age sixty in service in such department, if prior\nthereto, on an allowance of one-fiftieth of his final average salary for\neach year of service in such department not in excess of twenty-five\nyears, provided such election was in writing and duly executed and filed\nwith the comptroller.\n  c. Employees entering or re-entering service in such department on and\nafter September first, nineteen hundred sixty-five, and who contributed\nunder former section eighty-eight of this chapter, and employees\nentering or re-entering service in such department on and after April\nfirst, nineteen hundred sixty-seven, shall contribute on the basis\nprovided for by this section.\n  d. A member, who elects or is required to contribute in accordance\nwith this section, shall contribute, in lieu of the proportion of\ncompensation as provided in section three hundred twenty-one of this\narticle, a proportion of his compensation similarly determined.\n  Such latter proportion shall be the same as that which was or which\nwould be computed under item three of subparagraph c of paragraph two of\nsubdivision e of section three hundred eighty-four of this article. In\nno event shall a member contribute under this section at a higher rate\nthan he was or would be required to contribute under item three of\nsubparagraph c of paragraph two of subdivision e of section three\nhundred eighty-four of this article had this section not been enacted.\n  Such members' rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section three hundred seventy-a of\nthis article for such period of time as his employer contributes\npursuant to such section toward\npensions-providing-for-increased-take-home-pay, provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller, make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller.\n  No such member shall be required to continue contributions after\ncompleting twenty-five years of such 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 creditable service in such department or upon\nattainment of age sixty, if prior thereto, by filing an application\ntherefor in a manner similar to that provided in section seventy of this\narticle.\n  (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 his\naccumulated contributions at the time of his retirement and an\nadditional pension which 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-half of his final average salary.\n  (2) Upon attainment of age sixty and upon retirement without\ncompletion of twenty-five years of such service, each such member shall\nreceive a pension which, together with an annuity which shall be the\nactuarial equivalent of his accumulated contributions at the time of his\nretirement and an additional pension which is the actuarial equivalent\nof the reserve-for-increased-take-home-pay to which he may then be\nentitled, shall be sufficient to provide him with a retirement allowance\nequal to one-fiftieth of his final average salary for each year of\ncreditable service in such division. Every such member shall also be\nentitled to an additional pension equal to the pension for any\ncreditable service rendered while not an employee of the division as\nprovided under paragraphs three and four of subdivision a of section\nthree hundred seventy-five of this chapter. This latter pension shall\nnot increase the total allowance to more than one-half of his final\naverage salary.\n  For the purpose only of determining the amount of the pension provided\nin this subdivision, the annuity shall be computed as it would be if it\nwere not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions, and if it were not reduced by reason of the\nmember's election to decrease his annuity contributions to the\nretirement system in order to apply the amount of such reduction in\npayment of his contributions for old-age and survivors insurance\ncoverage.\n  f. The increased pensions to members of such department, as provided\nby this section, shall be paid from additional contributions made by the\ncity on account of such members. The actuary of the retirement system\nshall compute the additional contribution required for each member who\nelects to receive the special benefits provided under this section. Such\nadditional contributions shall be computed on the basis of contributions\nduring the prospective service of such member which will cover the\nliability of the retirement system for such extra pensions. Upon\napproval by the comptroller, such additional contributions shall be\ncertified by him to the mayor of the city of Yonkers. The amount thereof\nshall be included in the annual appropriations of the city. Such amount\nshall be paid on the warrant of the comptroller of the city to the\npension accumulation fund of the retirement system.\n  g. In computing the twenty-five years of completed service in such\ndepartment, full credit shall be given and full allowance shall be made\nfor service of such member in war after world war I as defined in\nsection two of this chapter, provided such member at the time of his\nentrance into the armed forces was in service in such department.\n  h. In the event a member shall continue in service after twenty-five\nyears of creditable service, there shall be added to his pension upon\nretirement a sum equal to one-sixtieth of his final average salary for\neach additional year of service after twenty-five years.\n  i. Upon retirement of any member pursuant to this section, any\nadditional amounts credited to the member's annuity savings account\npursuant to subdivision b of section three hundred thirty of this\nchapter shall be treated as excess contributions and shall be used to\nprovide an annuity in addition to the annuity prescribed by this\nsection. Any other amounts credited to the member's annuity savings\naccount, except the amounts contributed or required to be contributed\nunder this section and except such amounts as are required to produce\nthe retirement allowance provided by subdivision e of this section, may\nat the option of the member at the time of retirement be withdrawn or\nused to provide an annuity in addition to the annuity prescribed by this\nsection.\n  j. A member who elected or is required to contribute in accordance\nwith this section, who does not apply for retirement upon completion of\ntwenty-five years of service in such department or upon attainment of\nage sixty, shall retire from service on the last day of the calendar\nmonth next succeeding the calendar month in which he attains age\nsixty-four which shall be his mandatory retirement age.\n  k. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n
N.Y. SOS Law § 358 — New York Code / Act SOS / Article 5 / Title 10 / Section 358
Federal temporary assistance for needy families block grant
Status: in_force

§ 358. Federal temporary assistance for needy families block grant.\n1.  The department shall submit the plan pursuant to title IV-A of the\nfederal social security act.  The state's program under title IV-A shall\nbe entitled "Family Assistance", and benefits under the state plan with\nrespect to the temporary assistance for needy families block grant shall\nbe known as family assistance. The department shall act for the state in\nany negotiations relative to the submission and approval of such plan\nand make any arrangement which may be necessary to obtain and retain\nsuch approval and to secure for the state the benefits of such federal\nact relating to title IV-A.  The department shall make such regulations\nnot inconsistent with law as may be necessary to make such plan conform\nto such federal act and any rules and regulations adopted pursuant\nthereto.  Such regulations may provide for operation of components of\nthe program relating to refugees by contract with a private agency or\nagencies pursuant to section 412(e) of the immigration and nationality\nact (8 U.S. Code 1522(e)(7)). Any refugee whose needs are met pursuant\nto such a contract who would otherwise be a recipient of family\nassistance or safety net assistance shall be regarded for all other\npurposes as a recipient of family assistance or of safety net\nassistance, respectively.  Each social services district shall be\nresponsible for a share of the state's expenditures for operation of\nsuch a contract which shall be equal to the share of such expenditures\nsuch district would have borne after reimbursement from state and\nfederal funds in accordance with section one hundred fifty-three of this\narticle, had the expenditure been made by such district. The department\nshall make reports to such federal agency in the form and nature\nrequired by it and comply with any request or direction of such federal\nagency which may be necessary to assure the correctness and verification\nof such reports.\n  2.  The department of taxation and finance shall accept and receive\nany and all grants of money awarded to the state pursuant to title IV-A\nof such social security act. All moneys  so received shall be deposited\nby the department of taxation and finance in a special fund or funds and\nshall be used by the state exclusively for temporary assistance for\nneedy families block grant and the administration thereof as provided in\nthis chapter; provided, however, that portions of such moneys may be\ntransferred to the child care and development block grant or the social\nservices block grant as the legislature may from time to time provide.\nSuch money shall be paid from such fund or funds on audit and warrant of\nthe comptroller upon vouchers of or certification by the commissioner.\n  3.  If and for so long as the federal government provides one hundred\npercent funding therefor, the department is authorized to operate a\nCuban and Haitian entrant program and a refugee resettlement program\npursuant to title IV of the federal immigration and nationality act,\nincluding provision for refugee cash assistance, refugee medical\nassistance, refugee child welfare services, and refugee social services.\nThe department shall submit the plan for such refugee resettlement\nprogram to the federal department of health and human services and shall\nact for the state in any negotiations relative to the submission and\napproval of such plan and make any arrangement which may be necessary to\nobtain and retain such approval.\n  4. The department shall make such regulations not inconsistent with\nlaw as may be necessary to make such plan conform to such federal act\nand any rules and regulations adopted pursuant thereto. Such regulations\nmay provide for operation of components of the program directly by the\ndepartment, through social services districts on behalf  of  the\ndepartment or, subject to the approval of the director of the budget\nupon a demonstration of cost-effectiveness, by contract with a private\nagency or agencies and may provide that an eligible recipient shall\nreceive assistance pursuant to such contract in lieu of family\nassistance or safety net assistance.\n  5. The state program under title IV-A of the social security act shall\npermit individuals to accumulate funds in individual development\naccounts established pursuant to section four hundred three of the\nsocial security act as trust accounts funded with periodic contributions\nof earned income by the individual or of amounts matched by or through a\nnot-for-profit organization described in section 501(c)(3) of the\nInternal Revenue Code and exempt from taxation under section 501(a) of\nsuch Code; provided, however, that neither the state nor social services\ndistricts shall be required to make or match contributions or to\nadminister any such account.\n
N.Y. PBA Law § 1946 — New York Code / Act PBA / Article 8 / Title 10-B / Section 1946
Remedies of bondholders
Status: in_force

§ 1946. Remedies of bondholders.  Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of Oneida\ncounty and provided or acknowledged in the same manner as a deed to be\nrecorded, may appoint a trustee to represent the holders of such bonds\nfor the purpose herein provided.\n  2. Such trustee may and, upon written request of the holders of\ntwenty-five percent in principal amount of such bonds outstanding, shall\nin his, her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect fees and charges adequate to carry out\nany agreement as to, or pledge of, such fees and charges and to require\nthe authority to carry out any other agreements with any municipality\nand/or the holders of such bonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in Oneida county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court.  In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenue derived from the properties.\n
N.Y. SOS Law § 349-A — New York Code / Act SOS / Article 5 / Title 10 / Section 349-A
Procedures to insure the protection of victims of domestic violence
Status: in_force

§ 349-a. Procedures to insure the protection of victims of domestic\nviolence. 1. The department, after consultation with the office for the\nprevention of domestic violence and statewide domestic violence advocacy\ngroups, shall by regulation establish requirements for social services\ndistricts to notify all applicants and, upon recertification,\nrecipients, of procedures for protection from domestic violence and the\navailability of services. Such notice shall inform applicants and\nrecipients that the social services district will make periodic inquiry\nregarding the existence of domestic violence affecting the individual.\nSuch notice shall also inform individuals that response to these\ninquiries is voluntary and confidential; provided, however, that\ninformation regarding neglect or abuse of children will be reported to\nchild protective services.\n  2. Such inquiry shall be performed utilizing a universal screening\nform to be developed by the department after consultation with the\noffice for the prevention of domestic violence and statewide domestic\nviolence advocacy groups. Such screening may be conducted by telephone\nor other digital means at the request of the applicant or recipient. An\nindividual may request such screening at any time, and any individual\nwho at any time self identifies as a victim of domestic violence shall\nbe afforded the opportunity for such screening.\n  3. An individual indicating the presence of domestic violence, as a\nresult of such screening, shall be promptly referred to a domestic\nviolence liaison who meets training requirements established by the\ndepartment, after consultation with the office for the prevention of\ndomestic violence and statewide domestic violence advocacy groups.\n  4. Following referral to a domestic violence liaison, (a) the\nindividual shall be informed by the domestic violence liaison of\nservices, which shall be available on a voluntary basis; and (b) the\ndomestic violence liaison shall conduct an assessment to determine if\nand to what extent domestic violence is a barrier to the individual's\ncompliance with public assistance requirements or to employment and such\nassessment shall be based upon an attestation or the relevant\ninformation and corroborating evidence provided by the individual\nalleging such abuse; and (c) the domestic violence liaison shall grant\nany appropriate waivers of such program requirements based on such\nassessment. Such waivers shall, to the extent permitted by federal law,\ninclude, but not be limited to, residency requirements, child support\ncooperation requirements and employment and training requirements;\nprovided, however, that exemptions from the sixty month limit on receipt\nof benefits under the federal temporary assistance to needy families\nblock grant program shall be available only when the individual would\nnot be required to participate in work or training activities because of\nan independently verified physical or mental impairment resulting from\ndomestic violence, anticipated to last for three months or longer, or if\nthe individual is unable to work because of the need to care for a\ndependent child who is disabled as a result of domestic violence.\nProvided, however, that pursuant to section one hundred forty-two of the\nwelfare reform act of 1997 victims of domestic violence may be exempted\nfrom the application of subdivision two of section three hundred\nforty-nine of this article on the basis of hardship.\n  5. Waivers granted pursuant to subdivision five of this section shall\nbe provided pursuant to a determination of good cause in cases where\ncompliance with such requirements would make it more difficult for the\nindividual or the individual's children to escape from domestic\nviolence, or subject the individual, or the individual's children, to\nfurther risk of domestic violence. Such waivers shall be for an initial\nperiod of no less than four months; provided, however, that all such\nwaivers shall be subject to on-going review of the individual's\ncircumstances by the domestic violence liaison, and may be extended,\nmodified or terminated in accordance therewith. An individual may\ndecline a waiver or terminate an existing waiver at any time without\npenalty.\n  6. Information with respect to victims of domestic violence shall not\nbe released to any outside party or parties or other governmental\nagencies unless the information is required to be disclosed by law, or\nunless authorized in writing by the applicant or recipient.\n  7. When used in this section, the term statewide domestic violence\nadvocacy groups shall mean an organization designated by the federal\ndepartment of health and human services to coordinate statewide\nimprovements within local communities, social services systems, and\nprogramming regarding the prevention and intervention of domestic\nviolence in New York state.\n