NY Ret & SS L § 32 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 4 - Participation in System by Political Subdivisions and Other Organizations 32 - Participation by Certain New York City Libraries.

§  32. Participation by certain New York city libraries. a. The boards   of trustees of The New York Public  Library,  Astor,  Lenox  and  Tilden   Foundations,  The  Brooklyn Public Library and The Queens Borough Public   Library, which organizations employ persons engaged in  service  to  the   public,  by  resolution legally adopted and approved by the comptroller,   may elect to have their employees become eligible to participate in  the   retirement  system.  When such election is made by the board of trustees   of any such library in pursuance  of  an  agreement  or  plan  concluded   between  it  and  the  city of New York, for such of its employees whose   salaries and compensation are paid from appropriations to  such  library   by the city of New York in its budget, then such board of trustees shall   also  elect  by separate resolution to have such of its employees, whose   salaries and compensation for services are paid out of its own corporate   funds, become eligible to participate in the retirement system.b. Acceptance of the employees of such an employer for  membership  in   the  retirement  system  shall  be  optional with the comptroller. If he   shall approve their  participation,  then  such  organization  shall  be   treated as if it were a municipality that has approved the participation   of  its employees in the retirement system as provided in section thirty   of  this  article.  The  comptroller  shall  determine  the  amounts  of   contribution  payable by such libraries and their employees, and, in all   other respects in so far as this article covering such a municipality is   applicable, shall similarly treat all such employees.c. When, as a condition of a contract or plan concluded with  any  one   of  such  libraries,  a  number  of  whose employees are being paid from   salaries  and  compensation  for  services  out  of  appropriations   as   aforesaid, the city of New York obligates itself in any manner to pay or   cause  to be paid deficiency and normal contributions on account of such   employees to the extent of, and not in excess of,  a  certain  specified   rate  based  on a fixed percentage of the payroll appropriated, then the   comptroller shall have power to accept  the  participation  of  all  the   employees of such organization on the same terms and subject to the same   limitations  as  provided  for  under  both  aforesaid resolutions. Such   employees shall in all other  respects  participate  in  the  retirement   system as provided in section thirty-one of this article.d.  Should there be a default in paying or causing to be paid pursuant   to any contract or agreement  with  such  employer  the  deficiency  and   normal  contributions  on  account of the employees of any such library,   whose salaries and compensation for  services  are  paid  out  of  funds   appropriated  by  such  city,  or,  if  the amount of such contributions   required to be paid by such city, pursuant to any contract or  agreement   made prior to the first participation of such employees, a copy of which   shall  have  been filed with the comptroller, is, in the judgment of the   comptroller, insufficient and inadequate to continue the  membership  of   the  employees  of such employer in the retirement system because of the   limit set in such contract, then  such  employer  shall  immediately  be   relieved  and  exonerated  from  any  duty  or  obligation to any person   whatsoever from making any contribution on account of  any  or  all  its   employees.  A  certificate  to such effect shall be sent to the employer   and to the state superintendent of financial services.  All  members  of   the  retirement  system, who were employees of such employer at the time   such certificate is issued, shall thereupon be entitled  to  discontinue   membership  as  provided in section thirty-one of this article. Any such   employer, however, within thirty days of the receipt of such certificate   may notify the comptroller that it elects to continue  the  benefits  of   the  retirement  system  for  such  of  its employees whose salaries and   compensation for services are paid out of its own corporate funds. e. Notwithstanding anything to the  contrary,  the  retirement  system   shall not be liable for the payment of any pensions or other benefits on   account  of  the  officers  and  employees or pensioners of any employer   under this section, for which reserves have not been previously  created   from  funds  contributed  by such employer or its officers and employees   for such benefits.