reglab/statecodes huggingface dataset:
2023 New York Laws › RSS - Retirement and Social Security › Article 22 - Police and Fire Retirement Provisions › 1203 - Overtime.

§  1203. Overtime. A member's final average salary shall be calculated
  in accordance with such provisions of article eight or article eleven of
  this chapter as govern  the  member's  benefits,  except  that  earnings
  classified  as  overtime  compensation in an amount in excess of fifteen
  percent  of  a  member's  annual  wages  not  classified   as   overtime
  compensation   shall   be  excluded  from  such  calculation.  "Overtime
  compensation" shall mean, for purposes  of  this  section,  compensation
  paid  under  any  law or policy under which employees are paid at a rate
  greater than their standard rate  for  additional  hours  worked  beyond
  those  required,  including  compensation paid under section one hundred
  thirty-four of the civil service law and section ninety of  the  general
  municipal law.
2023 New York Laws › RSS - Retirement and Social Security › Article 22 - Police and Fire Retirement Provisions › 1204-A - Pick Up of Member Contributions by Employer.

* §   1204-a.   Pick  up  of  member  contributions  by  employer.  a.
  Notwithstanding any other provision of law, each participating  employer
  shall pick up the member contributions required to be made under section
  twelve  hundred four of this article by its employees and shall do so by
  reducing the salary of each of its employees to which  this  section  is
  applicable  by  that  amount  which  each  such  employee is required to
  contribute under section  twelve  hundred  four  of  this  article.  The
  contributions  so picked up shall be paid by each participating employer
  in lieu of the member contributions to be paid by  its  employees  under
  this   section  and  shall  be  treated  as  employer  contributions  in
  determining income tax treatment under section 414(h)  of  the  Internal
  Revenue  Code.  With  the exception of federal income tax treatment, the
  member contributions picked up pursuant to this  subdivision  shall  for
  all  other  purposes,  including  computation of retirement benefits and
  contributions by employers and employees, be deemed employee salary.
b. Any employee (subject to this article) of a participating  employer
  who, in lieu of joining a public retirement system of the state, elected
  an  optional  retirement  program  to  which their employers are thereby
  required to contribute shall,  in  order  for  the  provisions  of  this
  subdivision  to  apply,  be  required  to  execute  a  salary  reduction
  agreement (in accordance with the regulations promulgated under  section
  403(b)  of the Internal Revenue Code) in an amount equal to the employee
  contributions which would otherwise be mandatory under the provisions of
  state law. With the exception  of  federal  income  tax  treatment,  the
  employee  contributions  picked  up or paid pursuant to this subdivision
  shall for  all  other  purposes,  including  computation  of  retirement
  benefits  and  contributions  by  employers  and  employees,  be  deemed
  employee  salary.  Nothing  contained  in  this  subdivision  shall   be
  construed  as  superseding  any provision of law which limits the salary
  base for computing retirement benefits payable by  a  public  retirement
  system.
* NB See ch 525/2011 § 7 for effectiveness
2023 New York Laws › RSS - Retirement and Social Security › Article 22 - Police and Fire Retirement Provisions › 1205 - Recalculation of Benefits.

§ 1205. Recalculation of benefits. Notwithstanding any other provision
  of  law, any member who has joined the retirement system pursuant to the
  provisions of article fourteen of this chapter on or after  July  first,
  two  thousand  nine  may  elect  to  have his or her retirement benefits
  calculated pursuant to this article by filing within one hundred  twenty
  days  of  the  effective  date  of  this  section  a  request  for  such
  calculation with the retirement system in the form and manner prescribed
  by the state comptroller.
2023 New York Laws › RSS - Retirement and Social Security › Article 22 - Police and Fire Retirement Provisions › 1206 - Conflicting Provisions.

§  1206.  Conflicting provisions. Except as otherwise provided in this
  article, or in conflict therewith, the provisions of article  eleven  of
  this  chapter,  including any plan that has been elected by the employer
  or is otherwise applicable under article eight  of  this  chapter  shall
  govern the retirement benefits provided under this article. In the event
  of  any  conflict  between  the provisions of this article and any other
  provision of law, this article shall govern.
2023 New York Laws › RSS - Retirement and Social Security › Article 22 - Police and Fire Retirement Provisions › 1209 - Final Average Salary.

§  1209. Final average salary. a. For members who first become members
  of the New York state and local police and fire retirement system on  or
  after  April first, two thousand twelve, a member's final average salary
  shall be equal to one-fifth of the highest total wages  earned  by  such
  member  during  any continuous period of employment for which the member
  was credited with five years of service credit;  provided,  however,  if
  the  wages  earned  during  any year of credited service included in the
  period used to determine final average salary exceeds the average of the
  wages of the previous four years of credited service by  more  than  ten
  percent,  the amount in excess of ten percent shall be excluded from the
  computation of final average salary. Provided, however, beginning on  or
  after  April  first,  two thousand twenty-four, a member's final average
  salary shall be equal to one-third of the highest total wages earned  by
  such  member  during  any  continuous period of employment for which the
  member was credited  with  three  years  of  service  credit;  provided,
  however,  if  the  wages  earned  during  any  year  of credited service
  included in the period used to determine final  average  salary  exceeds
  the  average  of the wages of the previous two years of credited service
  by more than ten percent, the amount in excess of ten percent  shall  be
  excluded  from  the computation of final average salary. Wages in excess
  of the annual salary paid to the governor pursuant to section  three  of
  article  four  of  the  state  constitution  shall  be excluded from the
  computation of final average salary for members who first become members
  of the New York state and local police and fire retirement system on  or
  after April first, two thousand twelve.
b.  Notwithstanding  subdivision  a of this section, members who first
  become members  of  the  New  York  state  and  local  police  and  fire
  retirement  system on or after April first, two thousand twelve, and who
  retire from an employer  which,  prior  to  April  first,  two  thousand
  twelve,  elected by the adoption, filing and approval of a resolution in
  the manner provided by section three hundred thirty of this  chapter  to
  provide  that  final  average salary shall mean the regular compensation
  earned from such participating employer by a member  during  the  twelve
  months of actual service immediately preceding the date of such member's
  retirement pursuant to subdivision f of section four hundred forty-three
  of  this chapter, shall continue to have his or her final average salary
  computed with such twelve month final average salary unless such  member
  would  otherwise be entitled to a greater benefit under subdivision a of
  this section, in which case such greater benefit shall be payable.
2023 New York Laws › RSS - Retirement and Social Security › Article 22 - Police and Fire Retirement Provisions › 1210 - Wages.

§  1210.  Wages.  For members who first become members of the New York
  state and local police and fire retirement  system  on  or  after  April
  first, two thousand twelve, the following items shall not be included in
  the definition of wages: a. wages in excess of the annual salary paid to
  the  governor  pursuant  to  section  three of article four of the state
  constitution, b. lump  sum  payments  for  deferred  compensation,  sick
  leave, accumulated vacation or other credits for time not worked, c. any
  form  of  termination  pay,  d.  any  additional  compensation  paid  in
  anticipation of retirement, and e. in the case of employees who  receive
  wages  from  three or more employers in a twelve month period, the wages
  paid by the third and each successive employer.
2023 New York Laws › RSS - Retirement and Social Security › Article 23 - Benefit Enhancements › 1300 - Definitions.

§  1300.  Definitions. The following words and phrases as used in this
  article shall have the following meanings unless a different meaning  is
  plainly required by the context:
a.  "Retirement  system"  shall  mean  the  New  York  state and local
  employees' retirement system and the New York state teachers' retirement
  system.
b. "Eligible employee", subject to the limitations of section thirteen
  hundred two of this article, shall mean a state employee that becomes  a
  member  of  a retirement system who first became a member of such system
  on or after April first,  two  thousand  twelve  who  is  identified  as
  eligible  to  receive  the  benefit  enhancements  provided  for in this
  article upon election by the state  of  New  York  pursuant  to  section
  thirteen hundred one of this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 23 - Benefit Enhancements › 1301 - Election of Benefit Enhancements.

§ 1301. Election of benefit enhancements. a. The state of New York may
  elect  to provide its employees the benefit enhancements provided for in
  section thirteen hundred two of this article.
b. A separate election to provide  benefit  enhancements  pursuant  to
  subdivision  a of this section must be made for each specific collective
  bargaining organization, recognized or  certified  pursuant  to  article
  fourteen of the civil service law.
c. Such election is made by the governor to the retirement system upon
  receipt  of  a  request  from  the  collective  bargaining organization,
  recognized or certified  pursuant  to  article  fourteen  of  the  civil
  service law to represent such eligible employees. No such petition shall
  be  required  for  employees who are not represented for the purposes of
  collective bargaining subject to the limitation provided in section nine
  hundred two of this chapter.
2023 New York Laws › RSS - Retirement and Social Security › Article 23 - Benefit Enhancements › 1302 - Benefit Enhancements.

§  1302.  Benefit  enhancements.  Notwithstanding any other law to the
  contrary, eligible employees  shall  be  permitted  to  retire,  without
  penalty,  upon  reaching  age fifty-seven and completing at least thirty
  years of credited service. Employees retiring pursuant to  this  section
  shall  receive  a  pension allowance equal to the sum of thirty-five per
  centum and one-fiftieth of final average salary for each year of service
  in excess of twenty times final average salary times years  of  credited
  service.
2023 New York Laws › RSS - Retirement and Social Security › Article 23 - Benefit Enhancements › 1303 - Additional Member Contributions.

§ 1303. Additional member contributions. Upon election by the state of
  New   York,  the  retirement  system  shall  require  additional  member
  contributions to be paid  by  all  eligible  employees.  The  additional
  member  contributions  to  be  paid  by eligible employees shall be of a
  level so that no additional contributions shall be paid by the state  to
  cover   the   cost   of  such  additional  benefits.  Additional  member
  contributions made pursuant to this section  shall  be  in  addition  to
  member contributions made pursuant to other provisions of this chapter.
2023 New York Laws › RSS - Retirement and Social Security › Article 23 - Benefit Enhancements › 1304 - Election Not Collectively Bargained.

§ 1304. Election not collectively bargained. The determination to make
  an  election  in accordance with this article shall not be deemed to be,
  or to relate to or affect, a term and condition of employment within the
  meaning of article fourteen of the civil service law or  any  local  law
  enacted in furtherance thereof.
2023 New York Laws › RSS - Retirement and Social Security › Article 24 - Benefit Enhancements › 1310 - Definitions.

§  1310.  Definitions. The following words and phrases as used in this
  article shall have the following meanings unless a different meaning  is
  plainly required by the context:
a.  "Retirement  system"  shall  mean  the  New  York  state and local
  employees' retirement system and the New York state teachers' retirement
  system.
b. "Eligible employee", subject to the limitations of section thirteen
  hundred twelve of this article, shall mean  a  member  of  a  retirement
  system who first became a member of such system on or after April first,
  two thousand twelve who is identified as eligible to receive the benefit
  enhancements  provided for in this article upon election by the state of
  New York pursuant to section thirteen hundred eleven of this article.
2023 New York Laws › RSS - Retirement and Social Security › Article 24 - Benefit Enhancements › 1311 - Election of Benefit Enhancements.

§ 1311. Election of benefit enhancements. a. The state of New York may
  elect  to  provide  employees  who  hold  a  position represented by the
  recognized collective bargaining units  affiliated  with  the  New  York
  state  united  teachers employee organization as certified by his or her
  employer the benefit  enhancements  provided  for  in  section  thirteen
  hundred twelve of this article.
b. Such election is made by the governor to the retirement system upon
  receipt  of  a  request  by  the New York state united teachers employee
  organization.
2023 New York Laws › RSS - Retirement and Social Security › Article 24 - Benefit Enhancements › 1312 - Benefit Enhancements.

§  1312.  Benefit  enhancements.  Notwithstanding any other law to the
  contrary, eligible employees  shall  be  permitted  to  retire,  without
  penalty,  upon  reaching  age fifty-seven and completing at least thirty
  years of credited service. Employees retiring pursuant to  this  section
  shall  receive  a  pension allowance equal to the sum of thirty-five per
  centum and one-fiftieth of final average salary for each year of service
  in excess of twenty times final average salary times years  of  credited
  service.
2023 New York Laws › RSS - Retirement and Social Security › Article 24 - Benefit Enhancements › 1313 - Additional Member Contributions.

§ 1313. Additional member contributions. Upon election by the state of
  New   York,  the  retirement  system  shall  require  additional  member
  contributions to be paid  by  all  eligible  employees.  The  additional
  member  contributions  to  be  paid  by eligible employees shall be of a
  level so that no additional contributions shall be paid by the state  or
  participating  employers  in  the retirement system to cover the cost of
  such additional benefits. Additional member contributions made  pursuant
  to  this  section  shall  be  in  addition  to member contributions made
  pursuant to other provisions of this chapter.
2023 New York Laws › RSS - Retirement and Social Security › Article 24 - Benefit Enhancements › 1314 - Election Not Collectively Bargained.

§ 1314. Election not collectively bargained. The determination to make
  an  election  in accordance with this article shall not be deemed to be,
  or to relate to or affect, a term and condition of employment within the
  meaning of article fourteen of the civil service law or  any  local  law
  enacted in furtherance thereof.
2023 New York Laws › RSS - Retirement and Social Security › Article 25 - Benefit Enhancements › 1320 - Definitions.

§  1320.  Definitions. The following words and phrases as used in this
  article shall have the following meanings unless a different meaning  is
  plainly required by the context:
a.  "Retirement  system"  shall  mean  the  New  York  city employees'
  retirement system, the New York city teachers'  retirement  system,  and
  the New York city board of education retirement system.
b. "Eligible employee", subject to the limitations of section thirteen
  hundred  twenty-two of this article, shall mean a member of a retirement
  system who first became a member of such system on or after April first,
  two thousand twelve who is identified as eligible to receive the benefit
  enhancements provided for in this article upon election by the  city  of
  New  York  pursuant  to  section  thirteen  hundred  twenty-one  of this
  article.
2023 New York Laws › RSS - Retirement and Social Security › Article 25 - Benefit Enhancements › 1321 - Election of Benefit Enhancements.

§  1321. Election of benefit enhancements. a. The city of New York may
  elect to provide its employees the benefit enhancements provided for  in
  section thirteen hundred twenty-two of this article.
b.  A  separate  election  to provide benefit enhancements pursuant to
  subdivision a of this section must be made for each specific  collective
  bargaining  organization,  recognized  or  certified pursuant to article
  fourteen of the civil service law.
c. Such election may be made at the sole discretion of  the  mayor  of
  the city of New York to the retirement systems upon receipt of a request
  from  the  collective  bargaining  organization, recognized or certified
  pursuant to article fourteen of the civil service law to represent  such
  eligible employees. No such petition shall be required for employees who
  are not represented for the purposes of collective bargaining subject to
  the limitation provided in section nine hundred two of this chapter.
2023 New York Laws › RSS - Retirement and Social Security › Article 25 - Benefit Enhancements › 1322 - Benefit Enhancements.

§  1322.  Benefit  enhancements.  Notwithstanding any other law to the
  contrary, eligible employees  shall  be  eligible  to  receive  benefits
  specified  by  the  mayor  of  the  city  of New York, provided that the
  petition provided pursuant to subdivision c of section thirteen  hundred
  twenty-one of this article requested the election of such benefits.
2023 New York Laws › RSS - Retirement and Social Security › Article 25 - Benefit Enhancements › 1323 - Additional Member Contributions.

§  1323. Additional member contributions. Upon election by the city of
  New  York,  the  retirement  system  shall  require  additional   member
  contributions  to  be  paid  by  all  eligible employees. The additional
  member contributions to be paid by eligible  employees  shall  be  of  a
  level  so  that no additional contributions shall be paid by the city of
  New York to cover the  cost  of  such  additional  benefits.  Additional
  member  contributions made pursuant to this section shall be in addition
  to member contributions  paid  pursuant  to  other  provisions  of  this
  chapter.
2023 New York Laws › RSS - Retirement and Social Security › Article 25 - Benefit Enhancements › 1324 - Election Not Collectively Bargained.

§ 1324. Election not collectively bargained. The determination to make
  an  election  in accordance with this article shall not be deemed to be,
  or to relate to or affect, a term and condition of employment within the
  meaning of article fourteen of the civil service law or  any  local  law
  enacted in furtherance thereof.
2023 New York Laws › REL - Rural Electric Cooperative › Article 1 - Short Title; Definitions › 2 - Definitions.

§ 2. Definitions. As used in this chapter:
(a)  "Cooperative"  means any corporation organized under this chapter
or which becomes subject to  this  chapter  in  the  manner  hereinafter
provided;
(b) "Person" means any natural person, firm, association, corporation,
business   trust,   partnership,  federal  agency,  state  or  political
subdivision or agency thereof, or any body politic; and
(c) "Rural areas" means any area of the state not included within  the
boundaries  of  any  city  or  village  having a population in excess of
twenty thousand inhabitants.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 12 - Name.

§ 12. Name.  The  name  of  a  cooperative  shall  include  the  words
  "Electric" and "Cooperative," and the abbreviation "Inc.," and shall  be
  distinct from the name of any other cooperative or corporation organized
  under  the  laws  of, or authorized to do business in this state. Only a
  cooperative or corporation doing business in this state pursuant to this
  chapter shall use both the words "Electric"  and  "Cooperative"  in  its
  name.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 13 - Articles of Incorporation.

§ 13. Articles  of  incorporation.  Articles  of  incorporation  of  a
  cooperative shall recite that they are executed pursuant to this chapter
  and shall state: (1) the name of the cooperative; (2) the address of its
  principal office; (3) the names and addresses of the incorporators;  and
  (4)  the  names  and  addresses  of  its  directors; and may contain any
  provisions not  inconsistent  with  this  chapter  deemed  necessary  or
  advisable for the conduct of its business. Such articles shall be signed
  by   each   incorporator  and  acknowledged  by  at  least  two  of  the
  incorporators, or on their behalf, if they are  cooperatives.  It  shall
  not  be  necessary  to  recite  in  the  articles  of incorporation of a
  cooperative the purpose  for  which  it  is  organized  or  any  of  its
  corporate powers.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 15 - By-Laws.

§ 15. By-laws. The board of directors shall adopt the first by-laws of
  a  cooperative  to  be  adopted  following an incorporation, conversion,
  merger or consolidation. Thereafter the members shall  adopt,  amend  or
  repeal  the  by-laws  by  the  affirmative  vote  of a majority of those
  members voting thereon at a meeting of the members.  The  by-laws  shall
  set forth the rights and duties of members and directors and may contain
  other provisions for the regulation and management of the affairs of the
  cooperative  not  inconsistent with this chapter or with its articles of
  incorporation.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 16 - Members.

§ 16.  Members.  Each  incorporator of a cooperative shall be a member
  thereof, but no other person may become a  member  thereof  unless  such
  other  person  agrees to use electric energy or other services furnished
  by the cooperative when they are made available through its  facilities.
  Any  member  of  a  cooperative  who agrees to use electric energy shall
  cease to be a member if he does not use electric energy supplied by  the
  cooperative  within  six  months after it is made available to him or if
  electric energy is not made available to him by the  cooperative  within
  two  years  after  he  becomes  a  member,  or such lesser period as the
  by-laws of the cooperative may provide. A husband and wife  may  hold  a
  joint membership in a cooperative. Membership in a cooperative shall not
  be  transferable,  except  as  provided  in the by-laws. The by-laws may
  prescribe  additional  qualifications  and  limitations  in  respect  of
  membership.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 18 - Waiver of Notice.

§ 18. Waiver of notice. Any person entitled to notice of a meeting may
  waive such notice in writing either before or after such meeting. If any
  such  person shall attend such meeting, such attendance shall constitute
  a waiver of notice of such  meeting,  unless  such  person  participates
  therein  solely to object to the transaction of any business because the
  meeting has not been legally called or convened.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 19-B - Whistleblower Policy.

§  19-b.  Whistleblower  policy. (a) Except as provided in subdivision
(c) of this section, the board of every rural electric cooperative shall
adopt, and  oversee  the  implementation  of,  and  compliance  with,  a
whistleblower  policy  to  protect  from  retaliation persons who report
suspected improper conduct. Such policy shall provide that no  director,
officer  or  employee  of a rural electric cooperative who in good faith
reports  any  action  or  suspected  action  taken  by  or  within   the
cooperative  that  is illegal, fraudulent or in violation of any adopted
policy  or  bylaw  of  the  cooperative   shall   suffer   intimidation,
harassment,  discrimination  or  other  retaliation  or,  in the case of
employees, adverse employment consequence.
(b) The whistleblower policy shall include the following provisions:
(1) procedures for the reporting of violations or suspected violations
of laws or cooperative policies  or  bylaws,  including  procedures  for
preserving the confidentiality of reported information;
(2)  a  requirement  that  an  employee,  officer  or  director of the
cooperative be designated to administer the whistleblower policy and  to
report to the board or an authorized committee thereof;
(3)   a   requirement  that  the  person  who  is  the  subject  of  a
whistleblower complaint not  be  present  at  or  participate  in  board
deliberations or vote on the matter relating to such complaint, provided
that  nothing in this paragraph shall prohibit the board from requesting
that the person who is subject to the complaint present  information  as
background  or  answer  questions  at  a  board  meeting  prior  to  the
commencement of deliberations or voting relating thereto; and
(4) a requirement that a copy of the  policy  be  distributed  to  all
directors,  officers  and  employees.  For purposes of this subdivision,
posting the policy on the cooperative's website or at the  cooperative's
offices  in a conspicuous location accessible to employees are among the
methods a cooperative may use to satisfy the distribution requirement.
(c) A rural electric cooperative that  has  adopted  and  possesses  a
whistleblower  policy  pursuant  to federal, state or local laws that is
substantially consistent with the provisions of subdivision (b) of  this
section shall be deemed in compliance with provisions of this section.
(d)  Nothing in this section shall be interpreted to relieve any rural
electric cooperative from any additional  requirements  in  relation  to
internal  compliance, retaliation, or document retention required by any
other law or rule.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 20 - Districts.

§ 20. Districts.  The  by-laws  may  provide  for  the division of the
  territory served or to be served by  a  cooperative  into  two  or  more
  districts for any purpose, including, without limitation, the nomination
  and  election  of directors and the election and functioning of district
  delegates.  In such case the by-laws shall prescribe the  boundaries  of
  the  districts,  or  the manner of establishing such boundaries, and the
  manner of changing  such  boundaries,  and  the  manner  in  which  such
  districts  shall  function.  No  member  at  any district meeting and no
  district delegate at any meeting shall vote by proxy or by mail.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 21 - Officers.

§ 21. Officers.  The  officers  of  a  cooperative  shall consist of a
  president, vice-president, secretary and treasurer, who shall be elected
  annually by and from the board of directors. When a person  holding  any
  such  office ceases to be a director he shall cease to hold such office.
  The offices of secretary and of  treasurer  may  be  held  by  the  same
  person.  The  board  of  directors  may also elect or appoint such other
  officers, agents, or employees as it deems necessary  or  advisable  and
  shall prescribe their powers and duties. Any officer may be removed from
  office  and  his  successor  elected  in  the  manner  prescribed in the
  by-laws.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 23 - Action Against Directors and Officers for Misconduct.

§ 23. Action  against  directors  and officers for misconduct.  (a) An
action may be brought against one or more directors  or  officers  of  a
cooperative to procure a judgment for the following relief:
(1) To compel the defendant to account for his or her official conduct
in the following cases:
(i)  The  neglect of, or failure to perform, or other violation of his
or her duties in the management and disposition  of  cooperative  assets
committed to his or her charge.
(ii)  The  acquisition  by him or herself, transfer to others, loss or
waste of cooperative assets  due  to  any  neglect  of,  or  failure  to
perform, or other violation of his or her duties.
(2)  To  set  aside  an unlawful conveyance, assignment or transfer of
cooperative assets, where the transferee knew of its unlawfulness.
(3) To enjoin a proposed unlawful conveyance, assignment  or  transfer
of  cooperative  assets,  where  there are reasonable grounds for belief
that it will be made.
(b) An action may be brought for the relief provided in  this  section
and  in  subdivision  (a)  of section twenty-five of this article by the
attorney general, by the cooperative or, in the right of the cooperative
by any of the following:
(1) A director or officer of the cooperative.
(2) A receiver, trustee in bankruptcy, or judgment creditor thereof.
(3) By one or more of the members of the cooperative.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 24 - Nonexclusivity of Statutory Provisions for Indemnification of Directors and Officers.

§ 24. Nonexclusivity  of  statutory  provisions for indemnification of
  directors and officers. The indemnification and advancement of  expenses
  granted  pursuant  to,  or provided by, this article shall not be deemed
  exclusive of any other rights to which a  director  or  officer  seeking
  indemnification  or  advancement  of  expenses  may be entitled, whether
  contained in the certificate of incorporation or the  by-laws  or,  when
  authorized  by  such  certificate  of  incorporation  or  by-laws, (a) a
  resolution of  members,  (b)  a  resolution  of  directors,  or  (c)  an
  agreement   providing   for   such  indemnification,  provided  that  no
  indemnification may be made to or on behalf of any director  or  officer
  if  a  judgment  or  other final adjudication adverse to the director or
  officer establishes that his or her acts were committed in bad faith  or
  were the result of active and deliberate dishonesty and were material to
  the  cause of action so adjudicated, or that he or she personally gained
  in fact a financial profit or other advantage to which he or she was not
  legally entitled. Nothing contained in this  article  shall  affect  any
  rights  to  indemnification  to  which  corporate  personnel  other than
  directors and officers may be entitled by contract  or  otherwise  under
  law.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 26 - Payment of Indemnification Other Than by Court Award.

§ 26. Payment  of  indemnification  other  than  by court award. (a) A
person who has been successful, on  the  merits  or  otherwise,  in  the
defense  of  a  civil  or criminal action or proceeding of the character
described in section twenty-five shall be entitled to indemnification as
authorized in such section.
(b) Except as  provided  in  subdivision  (a)  of  this  section,  any
indemnification  under  section twenty-five of this article or otherwise
permitted by section twenty-four of this article, unless  ordered  by  a
court  under  section twenty-seven of this article, shall be made by the
cooperative only if authorized in the specific case:
(1) by the board acting by a quorum consisting of  directors  who  are
not  parties  to  such  action  or  proceeding  upon  a finding that the
director or officer has met the standard of conduct set forth in section
twenty-five  of  this  article  or  established  pursuant   to   section
twenty-four of this article, as the case may be, or,
(2)  if  a  quorum  under  paragraph  one  of  this subdivision is not
obtainable or, even if obtainable, a quorum of  disinterested  directors
so directs:
(i)  By  the  board  upon  the opinion in writing of independent legal
counsel that indemnification is proper in the circumstances because  the
applicable  standard  of conduct set forth in such sections has been met
by such director or officer, or
(ii) By the members upon a finding that the director  or  officer  has
met the applicable standard of conduct set forth in such sections.
(c)  Expenses  incurred  in  defending  a  civil or criminal action or
proceeding may be paid by  the  cooperative  in  advance  of  the  final
disposition  of such action or proceeding upon receipt of an undertaking
by or on behalf of such director or officer to repay such amount as, and
to the extent, required by subdivision (a) of  section  twenty-eight  of
this article.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 27 - Indemnification of Directors and Officers by a Court.

§ 27. Indemnification  of  directors  and  officers  by a court.   (a)
Notwithstanding the failure of a cooperative to provide indemnification,
and despite any contrary resolution of the board or of  the  members  in
the   specific   case   under   section   twenty-six  of  this  article,
indemnification shall be awarded by a court  to  the  extent  authorized
under  section  twenty-five  of  this  article,  and  subdivision (a) of
section twenty-six of this article. Application therefor may be made, in
every case, either:
(1) in the civil action or  proceeding  in  which  the  expenses  were
incurred or other amounts were paid, or
(2)  to  the supreme court in a separate proceeding, in which case the
application shall set forth the disposition of any previous  application
made  to  any  court  for the same or similar relief and also reasonable
cause for the failure to make application for such relief in the  action
or  proceeding in which the expenses were incurred or other amounts were
paid.
(b) The application shall be made in such manner and form  as  may  be
required by the applicable rules of court or, in the absence thereof, by
direction  of  a  court  to which it is made.  Such application shall be
upon notice to the corporation. The court may also direct that notice be
given at the expense of the cooperative to the members  and  such  other
persons as it may designate in such manner as it may require.
(c)  Where indemnification is sought by judicial action, the court may
allow a person such  reasonable  expenses,  including  attorneys'  fees,
during  the  pendency  of  the litigation as are necessary in connection
with his or her defense therein,  if  the  court  shall  find  that  the
defendant  has  by  his  or  her  pleadings  or during the course of the
litigation raised genuine issues of fact or law.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 28 - Other Provisions Affecting Indemnification of Directors and Officers.

§ 28. Other  provisions  affecting  indemnification  of  directors and
officers. (a) All expenses incurred in defending  a  civil  or  criminal
action  or  proceeding  which  are  advanced  by  the  corporation under
subdivision (c) of section twenty-six of this article or  allowed  by  a
court  under  subdivision  (c)  of  section twenty-seven of this article
shall be repaid  in  case  the  person  receiving  such  advancement  or
allowance  is  ultimately  found,  under the procedure set forth in this
article, not to be entitled to indemnification or, where indemnification
is granted, to the extent the expenses so advanced by the cooperative or
allowed by the court exceed the indemnification to which he is entitled.
(b) No indemnification, advancement or allowance shall be  made  under
this article in any circumstance where it appears:
(1) that the indemnification would be inconsistent with a provision of
the certificate of incorporation, a by-law, a resolution of the board or
of the members, an agreement or other proper corporate action, in effect
at  the  time  of the accrual of the alleged cause of action asserted in
the threatened or pending action or proceeding  in  which  the  expenses
were  incurred  or other amounts were paid, which prohibits or otherwise
limits indemnification; or
(2) if there has been a settlement approved by  the  court,  that  the
indemnification would be inconsistent with any condition with respect to
indemnification  expressly  imposed  by  the court in approving the set-
tlement.
(c)  If  any  express  or  other  amounts   are   paid   by   way   of
indemnification, otherwise than by court order or action by the members,
the  cooperative  shall prepare a statement specifying the persons paid,
the amounts paid, and the nature and status at the time of such  payment
of  the litigation or threatened litigation, and not later than the next
annual meeting of members, unless such  meeting  is  held  within  three
months  from the date of such payment, and, in any event, within fifteen
months of the date of such payment, shall  mail  the  statement  to  its
members  of  record  entitled  at  the  time to vote for the election of
directors.
(d) If any action with respect to  indemnification  of  directors  and
officers  is  taken  by  way  of amendment of the by-laws, resolution of
directors, or by agreement, then the cooperative shall, not  later  than
the  next  annual meeting of members, unless such meeting is held within
three months from the date of such action, and,  in  any  event,  within
fifteen  months  from  the  date  of such action, mail to its members of
record at the time entitled to vote for  the  election  of  directors  a
statement specifying the action taken.
2023 New York Laws › REL - Rural Electric Cooperative › Article 2 - Purpose; Organization and Management; Powers › 29 - Insurance for Indemnification of Directors and Officers.

§ 29. Insurance  for  indemnification  of  directors and officers. (a)
Subject to subdivision (b) of this section,  a  cooperative  shall  have
power to purchase and maintain insurance:
(1) to indemnify the cooperative for any obligation which it incurs as
a  result  of  the  indemnification  of directors and officers under the
provisions of this article, and
(2) to indemnify directors and officers in instances in which they may
be indemnified by the cooperative under the provisions of this  article,
and
(3) to indemnify directors and officers in instances in which they may
not  otherwise be indemnified by the cooperative under the provisions of
this article provided the contract of insurance covering such  directors
and  officers  provides, in a manner acceptable to the superintendent of
financial services, for a retention amount and for co-insurance.
(b) No insurance under subdivision (a) of this section may provide for
any payment, other than cost of defense, to or on behalf of any director
or officer:
(1) if a judgment or other final adjudication adverse to  the  insured
director  or  officer  establishes  that  his  or her acts of active and
deliberate  dishonesty  were  material  to  the  cause  of   action   so
adjudicated,  or  that  he  or she personally gained in fact a financial
profit or other advantage to which he or she was not  legally  entitled,
or
(2) in relation to any risk the insurance of which is prohibited under
the insurance law of this state.
(c)  Insurance  under paragraphs one, two and three of subdivision (a)
of this section may be included  in  a  single  contract  or  supplement
thereto.  Retrospective rated contracts are prohibited.
(d) The corporation shall, within the time and to the persons provided
in  subdivision  (c)  of  section  twenty-eight  of this article, mail a
statement in respect to any insurance it has purchased or renewed  under
this  section,  specifying  the insurance carrier, date of the contract,
cost of the insurance, corporate  positions  insured,  and  a  statement
explaining  all sums, not previously reported in a statement to members,
paid under any indemnification insurance contract.
(e) This section is the public policy of this state to spread the risk
of cooperative management, notwithstanding any other general or  special
law  of  this  state or of any other jurisdiction, including the federal
government.
2023 New York Laws › REL - Rural Electric Cooperative › Article 3 - Amendment; Consolidation; Merger; and Dissolution › 30 - Amendment of Articles of Incorporation.

§ 30. Amendment  of articles of incorporation. A cooperative may amend
  its  articles  of  incorporation  by  complying   with   the   following
  requirements:  The proposed amendment shall be presented to a meeting of
  the members, the notice of  which  shall  set  forth  or  have  attached
  thereto  the  proposed  amendment.  If  the proposed amendment, with any
  changes, is approved by the affirmative vote of not less than two-thirds
  of those members voting thereon at such meeting, articles  of  amendment
  shall  be  executed and acknowledged on behalf of the cooperative by its
  president or vice-president and its seal shall be  affixed  thereto  and
  attested  by  its secretary. The articles of amendment shall recite that
  they are executed pursuant to this chapter and shall state: (1) the name
  of the cooperative; (2) the address of its principal office; and (3) the
  amendment  to  its  articles  of   incorporation.   The   president   or
  vice-president executing such articles of amendment shall make and annex
  thereto  an  affidavit  stating  that  the provisions of this section in
  respect of the amendment set forth in such articles were  duly  complied
  with.
2023 New York Laws › REL - Rural Electric Cooperative › Article 3 - Amendment; Consolidation; Merger; and Dissolution › 31 - Change of Location of Principal Office.

§ 31. Change  of location of principal office. A cooperative may, upon
  authorization of its board of  directors  or  its  members,  change  the
  location  of  its principal office by filing a certificate reciting such
  change of principal office, executed and acknowledged by  its  president
  or  vice-president  under  its  seal  attested  by its secretary, in the
  department of state.
2023 New York Laws › REL - Rural Electric Cooperative › Article 3 - Amendment; Consolidation; Merger; and Dissolution › 32 - Consolidation.

§ 32. Consolidation.  Any  two  or more cooperatives (each of which is
hereinafter designated a "consolidating cooperative"),  may  consolidate
into  a  new cooperative (hereinafter designated the "new cooperative"),
by complying with the following requirements:
(a)  The  proposition  for  the  consolidation  of  the  consolidating
cooperatives   into   the  new  cooperative  and  proposed  articles  of
consolidation to give effect thereto shall be submitted to a meeting  of
the members of each consolidating cooperative, the notice of which shall
have attached thereto a copy of the proposed articles of consolidation;
(b)  If  the  proposed  consolidation  and  the  proposed  articles of
consolidation, with any amendments, are approved by the affirmative vote
of not less than two-thirds  of  those  members  of  each  consolidating
cooperative   voting   thereon   at   each  such  meeting,  articles  of
consolidation in the form approved shall be executed and acknowledged on
behalf  of  each  consolidating  cooperative   by   its   president   or
vice-president and its seal shall be affixed thereto and attested by its
secretary.  The  articles  of  consolidation  shall recite that they are
executed pursuant to this chapter and shall state: (1) the name of  each
consolidating  cooperative  and the address of its principal office; (2)
the name of the new cooperative and the address of its principal office;
(3) a statement  that  each  consolidating  cooperative  agrees  to  the
consolidation;  (4)  the names and addresses of the directors of the new
cooperative; and (5) the terms and conditions of the  consolidation  and
the mode of carrying the same into effect, including the manner in which
members of the consolidating cooperatives may or shall become members of
the  new  cooperative;  and  may contain any provisions not inconsistent
with this chapter deemed necessary or advisable for the conduct  of  the
business of the new cooperative. The president or vice-president of each
consolidating cooperative executing such articles of consolidation shall
make  and annex thereto an affidavit stating that the provisions of this
section in respect of such articles were  duly  complied  with  by  such
cooperative.
2023 New York Laws › REL - Rural Electric Cooperative › Article 3 - Amendment; Consolidation; Merger; and Dissolution › 33 - Merger.

§ 33. Merger.   Any  one  or  more  cooperatives  (each  of  which  is
hereinafter designated a "merging cooperative") may merge  into  another
cooperative  (hereinafter  designated  the  "surviving cooperative"), by
complying with the following requirements:
(a) The proposition for the merger of the  merging  cooperatives  into
the surviving cooperative and proposed articles of merger to give effect
thereto  shall  be submitted to a meeting of the members of each merging
cooperative and of the surviving cooperative, the notice of which  shall
have attached thereto a copy of the proposed articles of merger;
(b)  If  the proposed merger and the proposed articles of merger, with
any amendments, are approved by the affirmative vote of  not  less  than
two-thirds  of  those members of each cooperative voting thereon at each
such meeting, articles of merger in the form approved shall be  executed
and  acknowledged on behalf of each such cooperative by its president or
vice-president and its seal shall be affixed thereto and attested by its
secretary. The articles of merger shall recite that  they  are  executed
pursuant  to  this chapter and shall state: (1) the name of each merging
cooperative and the address of its principal office; (2) the name of the
surviving cooperative and the address of its  principal  office;  (3)  a
statement  that  each  merging cooperative and the surviving cooperative
agree to the merger; (4) the names and addresses of the directors of the
surviving cooperative; and (5) the terms and conditions  of  the  merger
and  the  mode of carrying the same into effect, including the manner in
which members of the merging cooperatives may or shall become members of
the  surviving  cooperative;  and  may  contain   any   provisions   not
inconsistent  with  this  chapter  deemed necessary or advisable for the
conduct of the business of the surviving cooperative.  The president  or
vice-president  of  each  cooperative  executing such articles of merger
shall make and annex thereto an affidavit stating that the provisions of
this section in respect of such articles were duly complied with by such
cooperative.