reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8600 - Master Application Procedure › Section 8600.1 - Statement of purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A need exists to coordinate and expedite
				the delivery of governmental services to business locating or expanding in New
				York State. As part of the effort to meet that need, the Office of Business
				Permits has been mandated to provide a master application procedure and a
				central preapplication conference program. These two services will provide an
				applicant who requires business permits from several State agencies with
				interagency coordination of the application process and a single forum for the
				exchange of pertinent information. This coordinating program will assist
				business in making sound decisions based on comprehensive information. It also
				will provide the State with more integrated planning information on potential
				economic expansion within its borders. The provisions of this Part apply only
				to the involvement of State agencies. In almost every instance, however, the
				Federal government and one or more local governmental units will have an
				interest as well. The office may encourage the involvement of the appropriate
				Federal and local agencies to the maximum extent feasible and practicable. The
				procedures in this Part may be coupled with conceptual review, Part 8700 of
				this Subtitle, especially when it is desirable to enhance planning for a future
				development phase.
(b) The permits
				of the following agencies are subject to the master application procedure:
				Adirondack Park Agency; Department of Agriculture and Markets; Division of
				Alcoholism and Alcohol Abuse; Alcoholic Beverage Control Division (State Liquor
				Authority); Athletic Commission; Banking Department; Department of Commerce;
				Commission on Cable Television; Education Department; Energy Office; Department
				of Environmental Conservation; Office of General Services; Department of
				Health; Division of Housing and Community Renewal; Division of Human Rights;
				Insurance Department; Department of Labor; Department of Law; Office of Mental
				Health; Office of Mental Retardation and Developmental Disabilities; Department
				of Motor Vehicles; Office of Parks and Recreation; Department of Public
				Services; Racing and Wagering Board; Department of Social Services; Department
				of State; Division of Substance Abuse Services; Department of Taxation and
				Finance; Thruway Authority; Department of Transportation; Workers' Compensation
				Board; Audit and Control; Power Authority; and Military and Naval
				Affairs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8600 - Master Application Procedure › Section 8600.2 - Public hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				agencies whose permits are subject to this Part and any interested party shall
				have the right to present oral or written testimony to the Director of the
				Office of Business Permits or his designee regarding the inclusion, exclusion
				or addition of agencies or their permits to the master application procedure.
				Such testimony will be presented at a public hearing at which a record shall be
				made.
(b) Notice of such hearing
				shall be filed in the State Register at least 30 days prior to the hearing
				along with the proposed agency action. The hearing shall be conducted in a
				manner consistent with the provisions of the State Administrative Procedure
				Act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8600 - Master Application Procedure › Section 8600.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Master
				application project information form means that document described in
				subdivision 1 of section 881  of the Executive Law of the State of New York and
				in this Part.
(b) Preapplication
				conference means the conduct of that activity as described in section 882  of
				the Executive Law, which takes place pending the submission of application
				forms for permits. The preapplication conference is intended to provide both
				the applicant and the agencies an opportunity to discuss in a free and open
				manner a projected business undertaking project or activity.
(c) Office means the Office of Business
				Permits.
(d) Director means the
				Director of the Office of Business Permits.
(e) Interested State agency means any
				department, board, bureau, commission, division, office, council, or agency of
				the State, or a public benefit corporation or public authority at least one of
				whose members is appointed by the Governor, and who has indicated a potential
				interest in a business undertaking pursuant to subdivision 4 of section 881  of
				the Executive Law of the State of New York and this Part.
(f) Permit means the whole or part of any
				State agency permit, license, certificate, approval, registration, charter or
				similar form of permission required by law or by State agency rules and
				regulations having the force and effect of law.
(g) Person means any individual,
				proprietorship, association, cooperative, corporation, non profit organization,
				State or local government agency, and any other organization required to obtain
				one or more permits.
(h) Applicant
				means any person acting on his behalf or authorized to act on behalf of any
				other person for the purpose of securing a permit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8600 - Master Application Procedure › Section 8600.4 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The master
				application procedure shall be initiated at the option of the
				applicant.
(b) Master application
				project information form shall be supplied by the office. It shall be
				sufficiently comprehensive to allow any State agency having a possible interest
				in the business undertaking, project or activity to make an informed
				determination whether a permit may be, is, or is not required.
(c) The office, upon request, may assist an
				applicant in filling out the master application project information
				form.
(d) Upon receipt of a
				completed master application project information form, the office shall send a
				copy of the form to every State permitting agency it believes to have a
				possible interest in the business undertaking.
(e) Each State agency receiving a master
				application project information form shall respond in writing within 15 working
				days of receipt of the application, with the following information and
				materials:
(1) a listing of any permits under
				its jurisdiction which may be required for the business undertaking, project or
				activity, the application forms for such permits, a statement of what fees may
				be required for those permits; or
(2) that no permits are required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8600 - Master Application Procedure › Section 8600.5 - Preapplication conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				applicant who has filed a master application project information form may
				request a preapplication conference at any time prior to submission of any
				application forms.
(b) The office,
				at its discretion, may convene representatives of interested State agencies to
				confer with the applicant on an informal basis in order to clarify their
				interest in the business undertaking, project or activity, to assist the
				applicant in the permit application process, and to develop a coordinated
				permit processing timetable.
(c)
				The director of the office may invite State agencies not acting as interested
				State agencies to participate in the preapplication conference. Such additional
				agencies may be invited when they are involved in business promotion or
				regulation (e.g., Department of Agriculture and Markets, Department of
				Commerce, NYS Council on the Arts, Urban Development Corporation, etc.) and
				their participation may inure to the benefit of all parties.
(d) A preapplication conference shall in no
				way bind any of the parties.
(e)
				Nothing in this section shall preclude a prospective applicant from discussing
				a proposed business undertaking, project or activity with the Office of
				Business Permits and other agencies prior to submitting a master application
				project information form. Such discussions are encouraged.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8700 - Conceptual Review › Section 8700.1 - Statement of purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply to a proposed business
				  undertaking, project, or activity which may involve a number of State agencies
				  because of multiple permit requirements which may require substantial planning
				  expense by the applicant or which will take place in stages over an extended
				  period of time. It is intended to provide a procedure to enable business and
				  government to work together efficiently. It will help ensure that the
				  requirements for economic development in this State are addressed not only on a
				  current basis but with a view towards enhancing effective planning for future
				  growth. Although this Part applies to State permitting agencies, the
				  appropriate Federal and local agencies may be notified and their involvement
				  sought whenever feasible and practicable.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8700 - Conceptual Review › Section 8700.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Conceptual
				review means that process designed to provide the business person at an early
				stage of planning with an official opinion as to the general acceptability of
				their business undertaking, project or activity.
(b) Director means the Director of the Office
				of Business Permits.
(c) Permit
				means the whole or part of any State agency permit, license, certificate,
				approval, registration, charter or similar form of permission required by law
				or by State agency rules and regulations having the force and effect of
				law.
(d) Interested State agency
				means any department, board, bureau, commission, division, office, council or
				agency of the State, or a public authority at least one of whose members is
				appointed by the Governor, and who has indicated a potential interest in a
				business undertaking pursuant to subdivision 4 of section 881  of the Executive
				Law of the State of New York and Part 8600 of this Subchapter.
(e) Person means any individual,
				proprietorship, partnership, association, cooperative, corporation, nonprofit
				organization, State or local government agency, and any other organization
				required to obtain one or more permits.
(f) Applicant means any person acting on his
				behalf or authorized to act on behalf of any other person for the purpose of
				securing a permit.
(g) Master
				application project information form means that document described in
				subdivision 1 of section 881  of the Executive Law of the State of New York and
				in Part 8600 of this Subchapter.
(h) Preapplication conference means the
				conduct of that activity as described in section 882  of the Executive Law and
				which takes place pending the submission of application forms for permits. The
				preapplication conference is intended to provide both the applicant and the
				agencies an opportunity to discuss in a free and open manner a projected
				business undertaking, project or activity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8700 - Conceptual Review › Section 8700.3 - Procedure for conceptual review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request for a conceptual review of a
				proposed business undertaking, project or activity shall be made in writing to
				the director, by a person proceeding in accordance with the master application
				procedure described in Part 8600 of this Subchapter. A determination whether to
				provide a conceptual review shall be made by the director within 30 days of
				receipt of the request.
(b) A
				conceptual review may be provided when the proposed business undertaking,
				project or activity meets the following criteria:
(1) may require multiple permits;
(2) takes place in phases over an extended
				period of time; or
(3) involves
				substantial expense for preparing detailed plans, specifications and permit
				applications.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8700 - Conceptual Review › Section 8700.4 - Conceptual review determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A conceptual review determination by an
				interested State agency shall be rendered in writing within 60 days of
				notification from the director to provide conceptual review unless:
(1) that State agency requests an extension
				for further review and states the reasons requiring such an
				extension;
(2) the person is
				advised by the director of the request for an extension, and an opportunity to
				consult with the agency requesting the extension is provided; and
(3) the reasons for granting the extension
				and the new determination date are given to the person by the
				director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8700 - Conceptual Review › Section 8700.5 - Duration of conceptual review determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A conceptual review determination shall
				remain in effect as long as the proposed business undertaking, project or
				activity and the persons involved remain the same as described in the master
				application project information form or in additional information submitted as
				part of the conceptual review.
(b)
				Where new permit requirements or related standards become effective after the
				conceptual review determination is rendered by an interested State agency, and
				the agency had no control or discretion in establishing the effective date, the
				new permit requirements or standards shall not be considered to have been part
				of the conceptual review.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8800 - Advisory Opinions › Section 8800.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Advisory
				opinion means a statement described in State Administrative Procedure Act,
				section 204(2)(b) issued by the Office of Business Permits and Regulatory
				Assistance with respect to whether any agency action meets the definition of
				rule contained in State Administrative Procedure Act, section 102(2) and
				therefore should be adopted as a rule pursuant to article 2 of the State
				Administrative Procedure Act in order to be effective.
(b) Declaratory ruling means a statement
				described in State Administrative Procedure Act, section 204(1)(ii) issued by
				an agency pursuant to such section with respect to whether any action by it
				meets the definition of rule contained in State Administrative Procedure Act,
				section 102(2) and therefore requires adoption as a rule pursuant to article 2
				of the State Administrative Procedure Act in order to be effective.
(c) Office means the Office of Business
				Permits and Regulatory Assistance established by article 39 of the Executive
				Law.
(d) Party means any person who
				petitions for an advisory opinion or the agency whose action is the subject of
				a petition for an advisory opinion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8800 - Advisory Opinions › Section 8800.2 - Statement of purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish the procedures
				  governing the issuance of advisory opinions by the office pursuant to State
				  Administrative Procedure Act, section 204(2)(b). Where an agency declines to
				  issue a declaratory ruling or rules that its action need not be taken pursuant
				  to a rule, in response to a petition pursuant to State Administrative Procedure
				  Act, section 204(1)(ii), such declination or ruling, upon petition of the
				  original petitioner, may be reviewed by the office. The office shall review the
				  petition for an advisory opinion, the agency's response to the petition for a
				  declaratory ruling, the agency's response to the petition for an advisory
				  opinion, if any, the agency action in question and any other pertinent
				  information or material and issue an advisory opinion as to whether the action
				  in question should be taken pursuant to a rule.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8800 - Advisory Opinions › Section 8800.3 - Petitions for advisory opinions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Petitions for advisory opinions shall be
				in writing and signed by the petitioner, and must contain at least the
				following information:
(1) the name, address
				and telephone number of the petitioner;
(2) a statement that an advisory opinion is
				requested;
(3) a copy of the
				petitioner's original petition for a declaratory ruling submitted to the
				agency;
(4) a copy of the agency's
				declaratory ruling or statement, declining to issue such declaratory ruling, or
				a statement indicating that 30 days, or if the agency's rules so provide, a
				different number of days not to exceed 60, have passed since the agency
				received the petition for such declaratory ruling and no action has been taken
				on such petition by the agency;
(5)
				if not included in the original petition, a statement describing the
				petitioner's interest in the agency action which is the subject of the petition
				and its application to the petitioner;
(6) such other information as may be
				pertinent including statutes, rules, court decisions or other precedential
				materials, or statements of fact;
(7) a statement that a copy of the petition
				has been submitted to the head of the agency whose action is the subject of the
				petition;
(8) if the petition does
				not contain the information listed in paragraphs (1) through (7) of this
				subdivision, a statement indicating why; and
(9) a statement that, to the best of
				petitioner's knowledge, all of the information contained in the petition is
				true and correct.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8800 - Advisory Opinions › Section 8800.4 - Agency participation

Current through Register Vol. 46, No. 28, July 10, 2024
The agency whose action is the subject of a petition for an
				  advisory opinion shall be given a full opportunity in accordance with the
				  provisions of sections
				  8800.5
				  and
				  8800.6  of
				  this Part to submit pertinent information and arguments to the
				  office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8800 - Advisory Opinions › Section 8800.5 - Notification of receipt

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Within five days of receipt of a complete petition for an advisory opinion, the
				office shall send written notification of such receipt to all
				parties.
(b) A notification of
				receipt shall indicate:
(1) the date on which
				the office received the complete petition for an advisory opinion;
(2) the date by which the office will issue
				its advisory opinion;
(3) that any
				party may submit additional information to the office within 30 days of the
				date of the office's receipt of the complete petition, provided such additional
				information also is sent, at the same time, to all other parties; and
(4) that upon the request of any party, and
				upon 10 days notice to all other parties, the office may schedule a meeting of
				all parties at which they may present their views to the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8800 - Advisory Opinions › Section 8800.6 - Additional information

Current through Register Vol. 46, No. 28, July 10, 2024
After the office has received a petition for an advisory
				  opinion, any party that submits any additional information to the office shall,
				  at the same time, send copies of such information to all other parties and
				  shall state in its submission to the office that it has done so. Any person
				  other than a party may also submit additional information to the office. Any
				  person other than a party who submits information to the office should, at the
				  time of submission to the office, also send copies of such information to all
				  parties to the petition and state in its submission to the office that it has
				  done so. Additional information may be submitted to the office within 30 days
				  of the date of the office's receipt of the complete petition. All parties shall
				  have 10 days from the office's receipt of the additional information to submit
				  a response to the additional information to the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle HH - Office of Business Permits › Part 8800 - Advisory Opinions › Section 8800.7 - Issuance of advisory opinions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 60 days of receipt of a complete
				petition, the office shall issue an advisory opinion as to whether the agency
				action in question should be taken pursuant to a rule.
(b) An advisory opinion shall contain:
(1) the names of the petitioner and the
				agency whose action is the subject of the petition;
(2) a statement identifying the advisory
				opinion as such;
(3) a description
				of the agency action in question;
(4) a statement of the office's conclusions;
				and
(5) a discussion of the
				reasoning upon which the conclusions are based including any precedential
				material relied upon.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9000 - Scope And Definitions › Section 9000.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Subtitle applies to every deferred compensation plan
				  established by the board or any local employer pursuant to section 5  of the State Finance Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9001 - General Provisions › Section 9001.1 - Application; incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subtitle shall be interpreted and applied so that any plan established hereunder shall be an eligible Deferred Compensation Plan under section  457 of the Internal Revenue Code.
(b) The board hereby adopts and incorporates by reference the provisions of sections  457,  401(a)(9) and  72(p) of the Internal Revenue Code and the corresponding sections of title 26 of the Code of Federal Regulations and Section 203 of the Investment Advisers Act of 1940, effective as of the date of the adoption of these Regulations (March 12, 2003). Copies of said material may be obtained from the U.S. Government Printing Office, Washington, DC 20402 and such material is available for public inspection and copying at the offices of the New York State Deferred Compensation Board, Empire State Plaza Concourse - North, Room 124, Albany, NY 12223.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9001 - General Provisions › Section 9001.2 - Establishment of plan by local employer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as specifically provided in this subdivision, a local employer may not establish or maintain more than one plan for its employees. A local employer may establish a plan for its employees:
(1) by becoming a participating employer in the State plan as provided therein;
(2) by adopting the model plan in accordance with the procedures prescribed in Part 9002 of this Subtitle; or
(3) by adopting another plan which complies with all requirements of this Subtitle and section  457 of the Internal Revenue Code in accordance with the procedures prescribed in Part 9002 of this Subtitle.
A local employer which has previously established a plan may establish a plan in accordance with the requirements of this Subtitle so long as:
(i) all amounts held under the previously established plan have been distributed or otherwise paid out in accordance with the terms of such previously established plan and all other obligations of the previously established plan have been satisfied; or
(ii) another local employer has been substituted as sponsor of the previously established plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9001 - General Provisions › Section 9001.4 - Special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actuarial tables which distinguish on the basis of sex shall not be utilized for any purpose under any plan.
(b) Any installment distribution option permitted by any plan shall comply with all requirements of sections  457 and  401(a)(9) of the Internal Revenue Code and any treasury regulations promulgated thereunder.
(c) Any plan shall provide clear procedures for the review of domestic relations orders and shall require compliance with all domestic relations orders properly issued in accordance with such procedures and the requirements of applicable law in respect of amounts under the plan.
(d) Any plan established under this Subtitle may permit the loan of any amounts under such plan solely, a participant or beneficiary; provided that such plan establishes clear procedures for the administration of such loans and shall require compliance of sections  457 and  72(p) of the Internal Revenue Code and any treasury regulations promulgated thereunder and any other applicable laws.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9002 - Establishment Of Plan › Section 9002.1 - Assets held in trust

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A plan established by the board or a local employer shall require:
(1) that its assets be invested by one or more financial organizations selected by the board or deferred compensation committee, as applicable; and
(2) that, by January 1, 1999 or such other later date as may be permitted under section  457 of the Internal Revenue Code with respect to a plan in existence as of August 20, 1996 and immediately with respect to all other plans, all such assets shall be held in one or more trusts pursuant to one or more trust agreements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9003 - Selection Of And Agreements With Trustees, Independent Consultants, Administrative Service Agencies, Financial Organizations And Certified Public Accountants › Section 9003.2 - Competitive proposals

Current through Register Vol. 46, No. 28, July 10, 2024
All contracts and agreements in respect of a plan shall be
				  awarded only after receiving competitive proposals; provided, however, that no
				  competitive proposal or bidding shall be necessary for the board or a deferred
				  compensation committee to serve as the trustee of a plan under its authority or
				  with respect to financial organizations selected pursuant to section
				  9003.1(c) 
				  of this Part. The board or deferred compensation committee, as applicable,
				  shall cause to be published an announcement requesting competitive proposals.
				  Such announcement shall be published in the State Register and in the official
				  newspaper or newspapers, if any, or otherwise in an appropriate newspaper
				  designated for such purposes, at least 90 days prior to the date on which the
				  contract or agreement will be awarded, and shall request proposals within a
				  specified time period from the date of publication.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9003 - Selection Of And Agreements With Trustees, Independent Consultants, Administrative Service Agencies, Financial Organizations And Certified Public Accountants › Section 9003.4 - Provision of diverse investments

Current through Register Vol. 46, No. 28, July 10, 2024
The board and each deferred compensation committee shall
				  appoint, with respect to the plan under their control, in accordance with the
				  requirements of this Subtitle, one or more financial organizations such that
				  amounts held under the plan may be at all times invested in one or more of a
				  broad range of investment alternatives, including without limitation a diverse
				  selection of fixed income and equity investments.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9003 - Selection Of And Agreements With Trustees, Independent Consultants, Administrative Service Agencies, Financial Organizations And Certified Public Accountants › Section 9003.5 - Miscellaneous requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				contracts and agreements entered into with a trustee, an independent
				consultant, a financial organization, a firm of certified public accountants or
				an administrative service agency shall be in writing, shall be awarded on the
				basis of a competitive bid conducted or a search conducted in accordance with
				section
				9003.1(c) 
				of this Part in respect of the specific contract or agreement in accordance
				with this Part, shall not exceed five years in duration, and shall impose no
				penalties or surrender charges for the transfer of assets or responsibilities
				on expiration of the contract or agreement. Where the board or a deferred
				compensation committee enters into a contract or agreement with a trustee, a
				financial organization or organizations, and an administrative service agency
				and such trustee, financial organization or organizations and administrative
				service agency is selected by the board or deferred compensation committee
				independently from each other service, such contracts or agreements shall not
				exceed 10 years in duration. Notwithstanding the previous sentence, no trustee
				who is the only trustee of a plan shall be forced to resign the position of
				trustee solely by operation of this subdivision prior to the time such person's
				successor as trustee has been duly qualified and appointed.
(b) Notwithstanding subdivision (a) of this
				section, when the board or a deferred compensation committee deems it to be in
				the best interest of the plan, the board or any deferred compensation committee
				may extend, in writing, by vote duly taken, any contract or agreement entered
				into with a trustee, an independent consultant, a financial organization, a
				firm of certified public accountants or an administrative service agency for a
				duration not to exceed two consecutive one-year periods and with the consent of
				such party; provided, however, that any such one- year extension shall be
				implemented only upon:
(1) the expiration of
				the initial term of such contract or agreement in the case of the first
				one-year extension; or
(2) the
				expiration of the first one-year extension in the case of the second one-year
				extension. In the event that the board or a deferred compensation committee
				implements such an extension, the board or the deferred compensation committee
				shall describe in writing the reasons for its determination that the extension
				is in the best interest of the plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9003 - Selection Of And Agreements With Trustees, Independent Consultants, Administrative Service Agencies, Financial Organizations And Certified Public Accountants › Section 9003.6 - Acknowledgment

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this section, each trustee,
				  independent consultant, administrative service agency and financial
				  organization so appointed shall acknowledge in writing that it is a fiduciary
				  with respect to all administrative or investment matters for which it has
				  assumed responsibility with respect to a plan. Notwithstanding the foregoing,
				  no such fiduciary acknowledgment shall be required pursuant to this section
				  from a financial organization (a) which issues a guaranteed investment
				  contract, or (b) which is the manager of an open-ended investment company
				  registered under the Investment Company Act of 1940, as now in effect or as
				  hereinafter amended, solely by reason of the investment, upon the specific
				  direction of a trustee, another financial organization, the board, a deferred
				  compensation committee or an administrative service agency acting in accordance
				  with the terms of the plan to implement the investment directions of one or
				  more participants, of amounts held under the plan in shares of such open-ended
				  investment company.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9003 - Selection Of And Agreements With Trustees, Independent Consultants, Administrative Service Agencies, Financial Organizations And Certified Public Accountants › Section 9003.7 - Precluded investments

Current through Register Vol. 46, No. 28, July 10, 2024
No contract or agreement entered into with a financial
				  organization may provide for the investment of any amounts under the plan in
				  any annuity contract providing for a term which could exceed five years or
				  which is measured by one or more natural lives or any life insurance or other
				  contract providing traditional death benefits.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9003 - Selection Of And Agreements With Trustees, Independent Consultants, Administrative Service Agencies, Financial Organizations And Certified Public Accountants › Section 9003.8 - Transfer of assets

Current through Register Vol. 46, No. 28, July 10, 2024
All amounts deferred under a plan, together with all
				  necessary investment instructions, shall be paid by the State or local employer
				  as promptly as possible, but in no event later than two business days from the
				  applicable payroll date, to an appointed trustee which shall then pay such
				  amounts as promptly as possible, but in no event later than one business day
				  following receipt thereof by such trustee, to one or more appointed financial
				  organizations for investment, and upon receipt thereof by each such financial
				  organization shall, if not otherwise invested, be transferred to an
				  interest-bearing account to hold such amounts in cash or cash equivalent
				  investments within one business day, where such amounts may remain until the
				  financial organization receive all necessary investment instructions or
				  otherwise determines it prudent to transfer such amounts to another investment
				  fund.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9004 - Solicitation And Education › Section 9004.1 - Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
No trustee, independent consultant, financial organization,
				  firm of certified public accountants or administrative service agency nor any
				  of their agents shall use information obtained by reason of its appointment in
				  respect of a plan as a trustee, independent consultant, financial organization,
				  firm of certified public accountants or administrative service agency to
				  solicit or otherwise induce any person to invest in, purchase, utilize or act
				  in any other manner regarding any products or services made available by such
				  trustee, independent consultant, financial organization, firm of certified
				  public accountants or administrative service agency. Educational materials
				  designed to acquaint employees with the benefits of such plan may be provided
				  by a financial organization or administrative service agency upon prior
				  approval by the board or deferred compensation committee, as applicable. All
				  information obtained in connection with any services performed or proposed to
				  be performed in respect of a plan shall be confidential and used exclusively
				  for purposes relating to such plan and expressly contemplated by an agreement
				  entered into with the board or deferred compensation committee, as applicable,
				  in accordance with the requirements of this Subtitle. Neither the board nor any
				  deferred compensation committee shall enter into any agreement in respect of a
				  plan with a trustee, independent consultant, financial organization, firm of
				  certified public accountants or administrative service agency which permits the
				  use of any information obtained by reason of appointment as a trustee,
				  independent consultant, financial organization, firm of certified public
				  accountants or administrative service agency to solicit or otherwise induce any
				  person to invest in, purchase, utilize or act in any other manner regarding any
				  products or services made available by such trustee, independent consultant,
				  financial organization, firm of certified public accountants or administrative
				  service agency for any purpose not directly related to the administration of
				  the plan and the investment of plan assets in accordance with the requirements
				  of this Subtitle.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9005 - Auditing, Bonding And Insurance › Section 9005.2 - Authority of board and committee

Current through Register Vol. 46, No. 28, July 10, 2024
The board and each deferred compensation committee shall
				  receive reports from its agents and appointed trustees, independent
				  consultants, administrative service agencies and financial organizations, and
				  shall promptly terminate or amend such agency, arrangement, agreement or
				  contract with such trustee, independent consultant, administrative service
				  agency or financial organization if its obligations under this Subtitle or
				  otherwise so require. To the extent necessary to comply with this section
				  9005.2  or section
				  9006.1, the
				  board or deferred compensation committee, as applicable, shall have the
				  authority to serve as a temporary or interim trustee until a successor trustee
				  is appointed in accordance with this Subtitle.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9005 - Auditing, Bonding And Insurance › Section 9005.3 - Statements

Current through Register Vol. 46, No. 28, July 10, 2024
Each participant in a plan shall be furnished with a
				  statement at least quarterly from the trustee or administrative service agency.
				  Such statement shall indicate the balance of his or her account under the plan,
				  the participant's interest in each investment option under the plan and any
				  other data which the board or deferred compensation committee [or financial
				  organization] as applicable, shall determine to be relevant. Each participant
				  in a plan shall be furnished with clear and complete written disclosure no less
				  frequently than annually (a) of all fees and expenses paid out of or charged
				  against any assets of the plan, including all fees and expenses netted against
				  any investment return on amounts held under the plan and (b) of the allocation
				  of all such fees and expenses to and among participants' accounts under the
				  plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9005 - Auditing, Bonding And Insurance › Section 9005.4 - Bonding and insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each person appointed in accordance with this Subtitle or outside agent which
				handles, holds, invests, maintains custody of or directs disbursement of funds
				or serves as a trustee shall be bonded with a customary or usual bond, obtained
				from an organization duly authorized and licensed to provide such bond in the
				State of New York, to protect against any loss resulting from fraud or
				dishonesty by such person or the employees, officers and agents
				thereof.
(b) The amount of the bond
				shall not be less than the lesser of:
(1) 100
				percent of the amount under the plan managed or administered or held by such
				person; or
(2) $25 million;
				provided, however, that the board or deferred compensation committee, as
				applicable, may, in its discretion, require a bond in a greater amount if the
				board or deferred compensation committee determines that such greater amount is
				necessary or advisable to adequately protect the plan from any loss resulting
				from fraud or dishonesty by such person.
The cost of any such bond for a trustee who is a member of
				  the board or deferred compensation committee shall be treated as a reasonable
				  and necessary expense of administering the plan and may be paid from the assets
				  of the plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9006 - Compliance › Section 9006.1 - Authority of board

Current through Register Vol. 46, No. 28, July 10, 2024
Upon notice that any plan or any contract or agreement or
				  other arrangement entered into in respect of a plan does not substantially
				  comply with this Subtitle or any other applicable Federal, State or local law,
				  or that a local employer is not ensuring substantial compliance with its plan,
				  the board may investigate, hold hearings and take such action as it deems
				  warranted or appropriate, including but not limited to termination of the plan,
				  contract, agreement or other arrangement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9006 - Compliance › Section 9006.2 - Documentary provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Every contract or agreement entered into by the board or a
				  deferred compensation committee in respect of a plan shall contain a provision
				  that the agreement or contract is subject to the plan and to this Subtitle, and
				  that such plan and this Subtitle are made a part thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle II - Deferred Compensation Board › Part 9006 - Compliance › Section 9006.3 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
In exceptional circumstances, and where the board deems it to
				  be in the best interest of the plan, the board in its sole discretion may grant
				  an exemption from the applicability of any of the rules and regulations set
				  forth under this Subtitle; provided, however, that, any exemption granted
				  hereunder must be in accordance with the requirements of the Internal Revenue
				  Code, the plan and the board's fiduciary obligations. In the event that the
				  board grants such an exemption, the board shall describe in writing the
				  exceptional circumstances and explain the reasons for its determination that
				  the exemption is in the best interests of the plan. All requests for such an
				  exemption must be submitted to the board in writing and contain a detailed
				  explanation of the reasons why an exemption has been
				  requested.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle JJ - St. Lawrence - Eastern Ontario Commission › Part 9500 - Rules And Regulations For Project Review › Section 9500.0 - St. Lawrence - Eastern Ontario Commission-statement of purposes

Current through Register Vol. 46, No. 28, July 10, 2024
The purposes of the St. Lawrence - Eastern Ontario Commission
				  are to insure optimum conservation, protection, preservation and development
				  and use of the unique, scenic, aesthetic, historic, ecological, recreational,
				  economic and natural resources of the St. Lawrence River and eastern Lake
				  Ontario area and to encourage the full development of the commercial,
				  industrial, agricultural, residential and other resources which are vital to
				  the continued progress of the area. In carrying out its purpose, the commission
				  is to accord careful consideration to, and full opportunity for, the best use
				  and development of all the resources of the area.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle JJ - St. Lawrence - Eastern Ontario Commission › Part 9500 - Rules And Regulations For Project Review › Section 9500.1 - Project review-statement of purposes

Current through Register Vol. 46, No. 28, July 10, 2024
The purposes of reviewing projects, as provided in the
				  statute, are to encourage public and private agencies and persons to undertake
				  projects which reflect a careful balancing of all the interests of the St.
				  Lawrence River and eastern Lake Ontario area, and to facilitate the carrying
				  out of such projects. These rules and regulations establish the procedures for
				  reviewing projects.