reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 325 - Identification Of Membership Tiers › Section 325.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Whereas the Retirement and Social Security Law provides for
				  six separate and distinct levels of membership and benefits with respect to
				  members of the New York State and Local Employees' Retirement System, and five
				  separate and distinct levels of membership with respect to members of the New
				  York State and Local Police and Fire Retirement System; and whereas the
				  judicial decisions in Oliver v. County of Broome, 113 AD2d 239, lv denied 67
				  NY2d 607, appeal dismissed 67 NY2d 1027, held that the State Constitution
				  prohibits the application of article 14 of the Retirement and Social Security
				  Law, which was not signed into law until July 26, 1976, in any manner which
				  would diminish the rights or benefits of individuals who joined the New York
				  State and Local Employees' Retirement System on or after July 1, 1973 and
				  before July 27, 1976; and whereas the application of the Oliver principle to
				  chapter 1046 of the Laws of 1973, which purported to apply the limitations of
				  article 11 of the Retirement and Social Security Law to individuals who joined
				  the New York State and Local Police and Fire Retirement System on or after July
				  1, 1973, but which was not signed into law until July 31, 1973, requires that
				  individuals who joined the New York State and Local Police and Fire Retirement
				  System on or before July 31, 1973 may not have their tier rights and benefits
				  diminished under the provisions of article 11 of such law; and whereas it is
				  necessary to identify the members subject to specific provisions, benefits and
				  limitations of the Retirement and Social Security Law, this regulation is
				  promulgated to identify and define the levels of membership within the New York
				  State and Local Employees' Retirement System and the New York State and Local
				  Police and Fire Retirement System.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 325 - Identification Of Membership Tiers › Section 325.2 - Tiers of membership in new york state and local employees' retirement system

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Members who last joined the New York State and Local Employees' Retirement
				System on or before June 30, 1973 shall be identified as tier one
				members.
(b) Members who last
				joined the New York State and Local Employees' Retirement System on or after
				July 1, 1973, but before July 27, 1976, shall be identified as tier two
				members.
(c) Members who last
				joined the New York State and Local Employees Retirement System on or after
				July 27, 1976, but before September 1, 1983, shall be identified as tier three
				members, except for those members who have irrevocably waived coverage under
				article 14 of the Retirement and Social Security Law in connection with
				electing a special plan provided under article 15 of such law.
(d) Members who:
(1) last joined the New York State and Local
				Employees' Retirement System on or after September 1, 1983, but before January
				1, 2010; or
(2) joined such system
				on or after July 27, 1976 and before September 1, 1983 and who irrevocably
				waived coverage under article 14 of the Retirement and Social Security Law and
				elected coverage under a special plan provided under article 15 of such law,
				shall be identified as tier four members.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 325 - Identification Of Membership Tiers › Section 325.3 - Tiers of membership in new york state and local police and fire retirement system

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Members who last joined the New York State and Local Police and Fire Retirement
				System on or before July 31, 1973 shall be identified as tier one
				members.
(b) Members who last
				joined the New York State and Local Police and Fire Retirement System on or
				after August 1, 1973, but before July 1, 2009, shall be identified as tier two
				members.
(c) Members who last
				joined the New York State and Local Police and Fire Retirement System on or
				after July 1, 2009, but before January 9, 2010, shall be identified as tier
				three members except for those members who have opted to be covered by the
				provisions of article 22 on or before May 9, 2010.
(d) Members who:
(1) last joined the New York State and Local
				Police and Fire Retirement System on or after January 9, 2010, but before April
				1, 2012, shall be identified as tier five members;
(2) joined such system on or after July 1,
				2009, but before January 9, 2010, and who have opted to be covered by the
				provisions of article 22 on or before May 9, 2010, shall be identified as tier
				five members.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 326 - Coordinated-escalator Retirement Plan (co-esc) Membership Contributions And Withdrawals › Section 326.1 - Background and determination

Current through Register Vol. 46, No. 28, July 10, 2024
Section 517  of the Retirement and Social Security
				  Law, as added by section 9 of Chapter 890 of the Laws of 1976, directs and
				  authorizes the State Comptroller to promulgate regulations necessary with
				  respect to deductions of contributions from the wages of members who
				  participate in the CO-ESC retirement plan, provided for by article 14 of the
				  law, and maintenance of any special fund(s) with respect to amounts
				  contributed.
Section 517 further authorizes the State Comptroller to
				  promulgate regulations regarding the withdrawal and refund of CO-ESC
				  contributions in the event of termination of public employment and Retirement
				  System membership of such members who are not vested or entitled to any other
				  benefit under article 14 of the Retirement and Social Security Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 326 - Coordinated-escalator Retirement Plan (co-esc) Membership Contributions And Withdrawals › Section 326.2 - Member contributions

Current through Register Vol. 46, No. 28, July 10, 2024
Members of the New York State Employees' Retirement System
				  who are enrolled in the retirement plan provided for by article 14 of the law
				  shall contribute three percent of their annual wages to the Retirement System.
				  Such contributions shall not be required for more than 30
				  years.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 326 - Coordinated-escalator Retirement Plan (co-esc) Membership Contributions And Withdrawals › Section 326.3 - Co-esc contribution fund and accounts

Current through Register Vol. 46, No. 28, July 10, 2024
A special fund known as the CO-ESC contribution fund is
				  hereby established for the purpose of receiving such member contributions. This
				  fund shall contain all monies received on account of CO-ESC contributions which
				  have been deducted from members' wages. Subsidiary accounts within this fund
				  for individual members shall be established and designated CO-ESC contributions
				  accounts.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 326 - Coordinated-escalator Retirement Plan (co-esc) Membership Contributions And Withdrawals › Section 326.4 - Withdrawal and refund of co-esc contributions

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of termination of employment other than as a
				  result of transfer to another public employer, a member participating in the
				  retirement plan provided for in article 14 of the Retirement and Social
				  Security Law, who is not vested or entitled to any other benefit under article
				  14, may withdraw his CO-ESC contributions and terminate his membership in the
				  New York State Employees' Retirement System by filing a form prescribed by the
				  Retirement System for this purpose. Such a request may be made after the member
				  has been separated from service for at least 15 days. The Retirement System
				  shall thereupon refund the CO-ESC contributions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 326 - Coordinated-escalator Retirement Plan (co-esc) Membership Contributions And Withdrawals › Section 326.5 - Refund of member's contributions on death of the member

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of termination of membership with New York State
				  Employees' Retirement System by the death of a member participating in the
				  retirement plan provided for in article 14 of the Retirement and Social
				  Security Law, where no application for death benefits has been approved by the
				  Comptroller on account of such member's death and where there are no
				  individual's eligible to receive death benefits on account of such member's
				  death under the provisions of article 14 of the Retirement an Social Security
				  Law and the regulations promulgated thereunder, accumulated contributions shall
				  be refunded to the beneficiary duly designated by the member on a form
				  prescribed by and filed with the Retirement System for this purpose. In the
				  absence of such designation of beneficiary, any accumulated contributions made
				  by the deceased member shall be refunded to his estate. Such duly designated
				  beneficiary or, in the absence thereof, the estate's legal representative, must
				  file a written request for such a refund with the Retirement System on a form
				  prescribed by the Retirement System for this purpose. The Retirement System
				  shall thereupon refund the accumulated contributions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 326 - Coordinated-escalator Retirement Plan (co-esc) Membership Contributions And Withdrawals › Section 326.6 - Interest on refunded accumulated contributions

Current through Register Vol. 46, No. 28, July 10, 2024
The accumulated contributions withdrawn as provided for by
				  sections
				  326.4
				  and
				  326.5 
				  of this Part shall be refunded with interest at the rate of five percent per
				  annum.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 326 - Coordinated-escalator Retirement Plan (co-esc) Membership Contributions And Withdrawals › Section 326.7 - Restoration of credit for previous service

Current through Register Vol. 46, No. 28, July 10, 2024
Membership in the New York State Employees' Retirement System
				  shall cease upon withdrawal of contributions pursuant to these regulations. A
				  former member who thereafter returns to public service shall not receive any
				  credit for previous service to which such withdrawn and refunded contributions
				  applied unless and until such former member applies for such credit and repays
				  the entire amount withdrawn and refunded, together with interest through the
				  date of repayment at the rate of five percent per annum.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 328 - Allowance Of Service Credit For Authorized Leave Of Absence Without Pay › Section 328.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subparagraphs
				(b) and (d) of section 41 (i)(1) and
				341 (i)(1)  of the Retirement
				and Social Security Law, hereinafter referred to as subparagraphs (b) and
				subparagraphs (d), provide that time during which a member of the Retirement
				System is on an official leave of absence without pay from his or her position
				may be included in the computation of member service and final average salary.
				Subparagraphs (b) provide that the time spent on such a leave may be so
				included only if the head of the department in which such member is employed,
				and the State Comptroller, allow such time for retirement purposes at the time
				such leave is granted. Subparagraphs (d) provide that the time spent on certain
				specified types of such leave may be so included only if:
(1) the leave is granted for not more than
				two years;
(2) the State
				Comptroller allows inclusion of such time for retirement purposes at the time
				such leave is granted; and
(3)
				certain required payments are made to the Retirement System.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 328 - Allowance Of Service Credit For Authorized Leave Of Absence Without Pay › Section 328.2 - Requests for and approval of leaves pursuant to subparagraphs (b)

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the certification of the head of the department in which
				  the member is employed, that the experience gained and/or training undertaken
				  by the employee, while on such leave, will be of eventual benefit to that
				  public employer, the Retirement System will approve such leave on a contingent
				  basis. A request for such an approval must be filed with the State Comptroller
				  prior to the commencement of the leave. Approval will not be granted for a
				  leave of more than two years.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 328 - Allowance Of Service Credit For Authorized Leave Of Absence Without Pay › Section 328.3 - Requests for and approval of leaves pursuant to subparagraphs (d)

Current through Register Vol. 46, No. 28, July 10, 2024
Upon a finding by the State Comptroller that the experience
				  gained and/or training undertaken by the employee, while on such leave, will be
				  of eventual benefit to his or her public employer, the Retirement System will
				  approve such leave on a contingent basis. A request for such an approval must
				  be filed with the State Comptroller prior to the commencement of the leave.
				  Approval will not be granted for a leave of more than two
				  years.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 328 - Allowance Of Service Credit For Authorized Leave Of Absence Without Pay › Section 328.4 - Return to public service

Current through Register Vol. 46, No. 28, July 10, 2024
Upon termination of an approved leave of absence without pay,
				  the employee member must return to the public service from which he or she was
				  granted the leave. Credit will not be given for service or final average salary
				  purposes unless the employee member actually returns to the payroll of such
				  public employer and actually engages in the performance of his or her official
				  duties. A return to the payroll of the State or a participating employer for
				  the sole purpose of exhausting vacation, sick leave or other similar benefits,
				  will not qualify the employee member for such credits. A failure to return to
				  the service of the State or a participating employer upon termination of an
				  approved leave of absence, as provided herein, will result in the revocation of
				  the contingent approval previously granted.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 328 - Allowance Of Service Credit For Authorized Leave Of Absence Without Pay › Section 328.5 - Ordinary death benefit

Current through Register Vol. 46, No. 28, July 10, 2024
An employee member whose leave of absence without pay has
				  been approved pursuant to subparagraphs (d) will be covered by the ordinary
				  death benefit, in accordance with the provisions of sections 60 (a)(2) and
				  360 (a)(2)  of the Retirement
				  and Social Security Law. An employee member whose leave of absence without pay
				  has been approved pursuant to subparagraphs (b) will not be covered by the
				  ordinary death benefit during the period of such leave.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 329 - Indemnification Bonds › Section 329.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 111 (a)  of the Retirement
				and Social Security Law, as added by chapter 947 of the Laws of 1956, and
				section 412  of the Retirement and Social Security
				Law, as added by chapter 1000 of the Laws of 1966, provide that in any case
				where the Retirement System is required by order of a court of competent
				jurisdiction to pay over a benefit which is payable in installments, and which
				is predicated upon the life of a beneficiary to a payee other than the
				recipient who ordinarily would have taken the benefit pursuant to the
				provisions of this Article, such payee must file a bond indemnifying the
				Comptroller against loss by reason of excess payments to such payee. Experience
				has shown that it is virtually impossible for the payee to secure such bonds
				from surety companies.
(b) Section 14  of the General Construction Law provides
				that whenever a provision of law requires the filing of a bond, the execution
				of an undertaking to the same effect should be deemed compliance (Burns v.
				Watertown, 213 N.Y.S. 90; Tully v. Lewitz, 198 N.Y.S. 829). The term
				undertaking is defined in section 2501  of the Civil Practice Law and Rules to
				be any instrument which evidences an agreement by any person to be bound in a
				stated amount upon the failure of the condition of the instrument. To lessen
				the burden of securing a surety bond, compliance with the mandates of sections 111-a and
				412  of the Retirement and Social Security
				Law may be had by the filing of an indemnification agreement prepared by the
				Comptroller.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 329 - Indemnification Bonds › Section 329.2 - Indemnification agreements as compliance with sections 111-a and 412 of the retirement and social security law

Current through Register Vol. 46, No. 28, July 10, 2024
Payees required to file a bond pursuant to section 111 (a) and section 412  of the Retirement and Social Security
				  Law may comply with such filing by executing two indemnification agreements on
				  a form prescribed by the Comptroller. The agreements shall be in favor of the
				  Comptroller as administrative head of the Retirement System and shall indemnify
				  him in full, with interest against loss by reason of excess payments to such
				  payee.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 329 - Indemnification Bonds › Section 329.3 - Procedure for execution, qualification of indemnitors

Current through Register Vol. 46, No. 28, July 10, 2024
Each indemnitor must have assets in excess of the total
				  amount the payee is expected to receive for a period of two years. The
				  indemnification agreements must be executed by two individuals other than the
				  payee and be approved by the court. The agreements must be filed with the clerk
				  of the court and a certified copy thereof served upon the Comptroller. Each
				  indemnitor shall designate the clerk of the court and his successors in office
				  as a person upon whom service of any process issuing from the court may be made
				  in like manner, and with like effects as if served personally upon the
				  indemnitor whenever such indemnitor after the exercise of due diligence cannot
				  be found and served within the State of New York.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 330 - Real Estate Advisory Committee › Section 330.1 - Background and determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whereas, the Retirement and Social
				Security Law establishes the Comptroller as trustee and administrative head of
				the New York State and Local Employees' Retirement System and the New York
				State and Local Police and Fire Retirement System, with power to adopt rules
				and regulations for, among other things, the transaction of business of the
				systems and the custody and control of their funds (Retirement and Social
				Security Law, sections
				11,
				13,
				311,
				313);
(b) Whereas, the "Common Retirement Fund" Act
				(sections 420 et seq. of the Retirement and Social Security Law) establishes
				under the custody of the Comptroller, as trustee, a Common Retirement Fund
				consisting of the assets of the two systems;
(c) Whereas, the Comptroller in 1959
				established the Mortgage Advisory Committee to advise him in regard to
				investments in mortgages and real estate;
(d) Whereas, the "Common Retirement Fund" Act
				was amended in 1970 to give statutory status to the committee, providing that
				the Comptroller shall appoint a Mortgage Advisory Committee with the advice and
				consent of the Investment Advisory Committee to review proposed mortgage and
				real estate investments by the Common Retirement Fund; and
(e) Whereas, because the Mortgage Advisory
				Committee reviews proposed real estate investments as well as proposed mortgage
				investments by the Common Retirement Fund, the committee is more appropriately
				referred to as the "Real Estate Advisory Committee"; and
(f) Whereas, in order to accomplish the
				purpose of such amendment and to provide more specifically for the organization
				and operation of the Real Estate Advisory Committee, the Comptroller desires to
				establish rules in regard to such matters as the number of members of the
				committee, their appointment, the procedures whereby the committee transacts
				its business, the review of committee recommendations, ethical standards, and
				other related matters--this Part is hereby adopted.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 330 - Real Estate Advisory Committee › Section 330.2 - Membership

Current through Register Vol. 46, No. 28, July 10, 2024
The Real Estate Advisory Committee shall consist of not less
				  than seven members. Members shall be appointed by the Comptroller, with the
				  advice and consent of the Investment Advisory Committee, and shall serve for
				  his term of office. Any vacancy shall be filled by appointment by the
				  Comptroller with the advice and consent of the Investment Advisory Committee
				  for the remainder of the term. No officer of any State department or agency
				  shall be eligible for membership on the committee. Members shall be entitled to
				  reimbursement for their actual and necessary expenses, but shall receive no
				  compensation for their services.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 330 - Real Estate Advisory Committee › Section 330.3 - Meeting and action of committee

Current through Register Vol. 46, No. 28, July 10, 2024
The committee shall convene periodically upon the call of the
				  Comptroller. A quorum for a meeting shall consist of four members. The
				  committee shall act only upon the affirmative vote of a majority of the members
				  in atten- dance or of four members, whichever is greater; provided that members
				  may participate in a meeting and vote on any matter before the committee at
				  such meeting by means of conference telephone or similar communications
				  equipment allowing all persons participating in the meeting to hear each other
				  at the same time and participation by such means shall constitute attendance at
				  such meeting.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 330 - Real Estate Advisory Committee › Section 330.4 - Duties

Current through Register Vol. 46, No. 28, July 10, 2024
The committee shall review and advise the Comptroller on
				  proposed mortgage and real estate investments by the Common Retirement Fund. In
				  making investments as authorized by law, the Comptroller shall be guided by
				  policies established by the committee from time to time and, in the event the
				  committee disapproves a proposed mortgage or real estate investment, such
				  investment shall not be made.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 330 - Real Estate Advisory Committee › Section 330.5 - Review of committee recommendations

Current through Register Vol. 46, No. 28, July 10, 2024
Subsequent to any meeting of the committee, the Deputy
				  Comptroller shall independently review the investments affirmatively
				  recommended by the committee. Such recommendations shall be considered advisory
				  only, and the Comptroller may, within his sole discretion, refuse to make any
				  such investment.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 330 - Real Estate Advisory Committee › Section 330.6 - Code of ethics

Current through Register Vol. 46, No. 28, July 10, 2024
The Comptroller shall adopt a code of ethics setting forth
				  standards of conduct for members of the Real Estate Advisory Committee to avoid
				  potential conflicts between the financial and other personal interests of
				  members of the committee and the interests of the members and beneficiaries of
				  the New York State and Local Employees' Retirement System and the New York
				  State and Local Police and Fire Retirement System. The Comptroller may, in his
				  discretion, amend the code of ethics from time to time. Copies of the code of
				  ethics shall be provided to each person serving on the Real Estate Advisory
				  Committee, and such persons shall acknowledge receipt of a copy of the code of
				  ethics and shall be bound by the provisions thereof.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 331 - Good Cause For Failure To File Timely Notice Of Accident As Required By Sections 63(c) And 363(c) Of The Retirement And Social Security Law › Section 331.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Whereas, sections 63 (c) and
				  363 (c)  of the Retirement
				  and Social Security Law require timely filing of written notice of accident
				  with the Comptroller as a prerequisite to the granting of accidental disability
				  retirement, and whereas members had failed to file proper notice with the
				  Comptroller, through no fault of their own, and whereas chapter 462 of the Laws
				  of 1980 has amended sections 63(c) and 363(c) to provide that a failure to file
				  timely notice may be excused for good cause shown as provided by rules and
				  regulations promulgated by the Comptroller, and whereas this amendment is to
				  apply to accidents which occur on or after September 1, 1980, this Part is
				  promulgated to establish the standard by which failure to file timely notice of
				  accident will be excused for good cause.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 331 - Good Cause For Failure To File Timely Notice Of Accident As Required By Sections 63(c) And 363(c) Of The Retirement And Social Security Law › Section 331.2 - Good cause defined

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to file timely notice of accident in accordance with
				  the provisions of sections 63 (c) and
				  363 (c)  of the Retirement
				  and Social Security Law will be excused for good cause shown when it is
				  established that:
(a) the applicant
				became hospitalized within a week after the date of accident and remained so
				hospitalized for 60 days thereafter; or
(b) the applicant, within 30 days after the
				date of the accident, filed written notice with his employer setting forth the
				particulars of the time, place, nature and cause of the accident and the nature
				of the injury. This notice must be signed by the injured employee or by someone
				on his behalf. The applicant or applicant's employer being unaware of the
				requirements of sections 63 (c)(b)(1) and
				363 (c)(b)(1)  of the
				Retirement and Social Security Law or this Part, regarding timely filing of
				notice of accident, shall not constitute good cause for failure to file timely
				notice.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 331 - Good Cause For Failure To File Timely Notice Of Accident As Required By Sections 63(c) And 363(c) Of The Retirement And Social Security Law › Section 331.3 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall be applicable to accidents
				  which occur on or after September 1, 1980.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 332 - Ordinary Disability Retirement Coverage For Certain Members Of The Division Of State Police › Section 332.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Section 363-b  of the Retirement and Social
				  Security Law provides disability retirement coverage to members of the Division
				  of State Police in lieu of the coverage provided by sections 362 and 363  of the
				  Retirement and Social Security Law. Section 363-b(b)(2)(b) requires five years
				  of service in the Division of State Police as a condition precedent of
				  eligibility for nonservice-connected disability coverage.
Certain members transfer to the Division of State Police from
				  other member police service. Those members may have 10 years of service credit
				  which makes them eligible for ordinary disability retirement coverage under
				  section 362  of the Retirement and Social Security
				  Law, or they may, within five years of joining the State Police, attain such
				  eligibility.
Section 5 of Article 7 of the State Constitution establishes
				  a contractual relationship for retirement benefits and provides that no such
				  benefit may be diminished. The application of section 363-b to persons with
				  less than five years of service in the Division of State Police often deprives
				  members of benefits for which they were otherwise qualified.
This Part is promulgated to insure that those members of the
				  Division of State Police who were otherwise eligible for ordinary disability
				  retirement coverage prior to their transfer to the Division of State Police or
				  during their first five years of service in the Division of State Police,
				  retain eligibility for ordinary disability retirement coverage pursuant to the
				  provisions of section 362  of the Retirement and Social Security
				  Law until they have accumulated five years of total service credit in the
				  division, provided they remain in service.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 332 - Ordinary Disability Retirement Coverage For Certain Members Of The Division Of State Police › Section 332.2 - Ordinary disability retirement eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Members of the Division of State Police with sufficient
				  service credit to satisfy the requirements of section 362  of the Retirement and Social Security
				  Law may file for ordinary disability retirement pursuant to that section until
				  they have accumulated five years of total service credit in the Division of
				  State Police. Such members must actually be in service at the time the
				  application is filed.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 333 - Payment Of Interest On Death Benefits › Section 333.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 61-a and
				  361-a  of the Retirement and Social
				  Security Law, as added by chapter 602 of the Laws of 1978, provide for the
				  payment of interest for unpaid accidental and ordinary death benefits, to
				  accrue from the date of death of the member until payment is made. These
				  sections direct that the amount of interest shall be at the rate provided for
				  by section 3-a (1)  of the General
				  Municipal Law. Section 3-a (1)  of the General
				  Municipal Law, as amended by chapter 681 of the Laws of 1982, provides for a
				  rate of interest that shall not exceed three percent per annum prior to April
				  1, 1983, and for a rate of interest that shall not exceed nine percent per
				  annum commencing April 1, 1983. The Retirement System has paid, and will
				  continue to pay, the maximum three percent per annum interest on unpaid death
				  benefits of a member whose death occurs prior to April 1, 1983. This Part is
				  promulgated to provide for an increase in the rate of interest on the unpaid
				  death benefits of any member whose death occurs on or after April 1,
				  1983.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 333 - Payment Of Interest On Death Benefits › Section 333.2 - Payment of interest on death benefits

Current through Register Vol. 46, No. 28, July 10, 2024
The rate of interest for unpaid accidental and ordinary death
				  benefits, to accrue from the date of death of the member until payment of the
				  benefit is made, is as follows:
(a)
				for those benefits due as a result of death prior to April 1, 1983, three per
				centum per annum; and
(b) for those
				benefits due as a result of death on or after April 1, 1983, five per centum
				per annum.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 334 - Withdrawal Of Excess Contributions › Section 334.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Subdivision (c)(3) of section 51  of the Retirement and Social Security Law
				  provides that excess contributions may be withdrawn by a member at any time
				  prior to retirement; if not so withdrawn, excess contributions are used to
				  purchase additional annuity. To assist retiring members in the selection of an
				  optional settlement of their retirement benefit, the Retirement System prepares
				  and forwards to the member an estimate of benefit plans available upon
				  retirement. The estimate also sets forth the amount of the additional annuity
				  which may be purchased with excess contributions not withdrawn before
				  retirement. When available prior to the effective date of retirement, the
				  estimate will bear on a member's decision to either withdraw excess
				  contributions or accept the annuity. In some instances, however, a member may
				  receive the estimate too near the effective date of retirement to permit an
				  intelligent, informed decision to be made and communicated to the Retirement
				  System; or, the estimate may not be received until after the effective date of
				  retirement, in which case the member is precluded from withdrawing the excess
				  contributions and must accept the annuity, however disadvantageous it may be.
				  The proposed regulation is promulgated to grant those members who do not
				  receive a timely retirement estimate the opportunity to withdraw excess
				  contributions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 334 - Withdrawal Of Excess Contributions › Section 334.2 - Withdrawal of excess contributions

Current through Register Vol. 46, No. 28, July 10, 2024
On or after January 1, 1983:
(a) a member who is furnished with a
				retirement estimate which is dated 15 or less days prior to the effective date
				of that member's retirement; or
(b)
				a retiree who is furnished with a retirement estimate which is dated on or
				subsequent to the effective date of that retiree's retirement;
may file with the Retirement System a request for the
				  withdrawal of excess contributions up to 30 days from the date of the
				  retirement estimate.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 335 - Dependent Parents › Section 335.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sections 61 and
				361  of the Retirement and Social Security
				Law provide that accidental death benefits shall, in certain specified
				situations, be payable to the dependent father or dependent mother of a
				deceased beneficiary.
(b)
				Similarly, sections 509 and
				607  of the Retirement and Social Security
				Law provide that accidental death benefits shall be payable to an eligible
				beneficiary. The definition of eligible beneficiary for the purposes of
				sections 509 and 607 are provided, respectively, in sections 501 and
				601  of the Retirement and Social Security
				Law. Sections 501 and 601 provide that the eligible beneficiary shall, in
				certain specified instances, be the dependent parents of the deceased member,
				and that the Comptroller shall promulgate regulations to define the statutory
				term dependent parent.
(c) This
				Part is promulgated to define the meaning of the terms dependent parent,
				dependent father and dependent mother for the purposes of sections 61, 361, 501 and
				601  of the Retirement and Social Security
				Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 335 - Dependent Parents › Section 335.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
As applied to members of the New York State Employees'
				  Retirement System and the New York State Policemen's and Firemen's Retirement
				  System and used in sections 61, 361, 501 and
				  601  of the Retirement and Social Security
				  Law, the terms dependent parent, dependent father and dependent mother shall
				  mean, respectively, a parent, father and mother who have been claimed as a
				  dependent on the deceased member's Federal income tax return for the taxable
				  year immediately preceding the year of the member's death. However, an
				  individual shall not be considered either a dependent parent, dependent father
				  or a dependent mother where the Internal Revenue Service has disallowed the
				  deceased member's claim that he or she is a dependent parent.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Supreme
				Court, Albany County, has determined that ordinary disability and accidental
				disability benefits provided under sections 506 and 507, respectively, of the
				Retirement and Social Security Law, shall remain available to individuals who
				joined or rejoined the New York State Employees' Retirement System on or
				between July 27, 1976 and August 31, 1983, and who otherwise meet the
				eligibility requirements provided in those sections. These benefits shall also
				be available to individuals who joined or rejoined the New York State Police
				and Fire Retirement System on or between July 1, 2009 and January 9, 2010, and
				who have not elected to be covered by the provisions of article 22 by electing
				such retirement coverage within the time period as specified in section 1205  of the Retirement and Social Security
				Law, and who otherwise meet the eligibility requirements provided in those
				sections.
(b) Section 507-a  of the Retirement and Social
				Security Law (chapter 452 of the Laws of 1983), which became effective
				September 1, 1983, is the sole disability retirement benefit applicable to
				members of the uniformed personnel in the institutions under the jurisdiction
				of the Department of Correctional Services of New York State, as defined in
				subdivision (h) of section 89  of the Retirement and Social Security Law,
				who joined or rejoin the New York State Employees' Retirement System, on or
				subsequent to September 1, 1983. Section 507-a also applies to disability
				retirements of such members of the uniformed personnel who join or rejoin the
				New York State Employees' Retirement System on or subsequent to July 27,
				1976.
(c) Section 519  of the Retirement and Social Security
				Law authorizes the Comptroller to promulgate regulations pertaining to the
				implementation of article 14 of the Retirement and Social Security Law.
				Subdivision (c) of section 507-a authorizes the Comptroller, as head of the New
				York State Employees' Retirement System, to adopt appropriate procedures for
				making determinations regarding applications for disability retirement filed by
				members of that system who are governed by the provisions of article 14 of the
				Retirement and Social Security Law.
(d) This Part shall set forth the procedures
				pertaining to disability retirement pursuant to sections 506, 507 and
				507-a  of the Retirement and Social
				Security Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.2 - Procedure for retirement

Current through Register Vol. 46, No. 28, July 10, 2024
The procedure for retirement set forth in section 74  of the Retirement and Social Security Law
				  shall be applicable to members of the New York State Employees' Retirement
				  System who file applications for disability retirement pursuant to article 14
				  of the Retirement and Social Security Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.3 - Effective date of retirement

Current through Register Vol. 46, No. 28, July 10, 2024
The effective date of retirement for disability purposes
				  shall be the later of either:
(a) the
				date of the filing of the application for disability retirement; or
(b) the date following the last date of
				active service.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 336 - Disability Retirement For Members Under Article 14 Of The Retirement And Social Security Law › Section 336.4 - Disability determinations

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 74  of the Retirement and Social Security Law,
				  the Comptroller has the exclusive authority to determine whether a member is
				  permanently incapacitated for the performance of gainful employment. With
				  respect to disability retirement applications filed pursuant to section 507  of the Retirement and Social Security
				  Law only, a determination by the Federal Social Security Administration that a
				  member is permanently incapacitated for the performance of gainful employment
				  shall constitute proof of permanent incapacity for retirement system
				  purposes.