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 315 - Employer Reporting › Section 315.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 34 and
				  334  of the Retirement and Social Security
				  Law, as added by chapter 510 of the Laws of 1974, require that the Comptroller
				  adopt rules and regulations, which shall have the force and effect of law, for
				  the reporting of service, salary and deduction information for all employees of
				  employers which participate in the New York State and Local Employees'
				  Retirement System and the New York State and Local Police and Fire Retirement
				  System. Said statutes further provide that the chief fiscal officer of the
				  participating employer, or other officer exercising similar duties, shall file
				  the required report in such form and at such times as may be prescribed in the
				  said rules and regulations. Sections 34 and 334 make the refusal or willful
				  neglect to file the required report a violation which shall subject the officer
				  so refusing or neglecting to a penalty of $5 per day for each day's delay
				  beyond seven days. Sections 11 and
				  311  of the Retirement and Social Security
				  Law establish the Comptroller as the administrative head of the retirement
				  system and authorize him to adopt and amend rules and regulations for the
				  administration and transaction of the business of the retirement system. In
				  accordance with the requirements of sections 11, 34, 311 and 334, this Part is
				  promulgated.
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 315 - Employer Reporting › Section 315.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				Part, the term employer shall mean the State, a participating employer, and any
				other unit of government or organization obligated or agreeing to make
				contributions to the retirement system on behalf of its employees.
(b) The term employee shall mean an
				individual performing services for the employer for which the employer has the
				right to control the means and methods of what work will be done and how the
				work will be done.
(c) The term
				independent contractor shall mean a consultant or other individual engaged to
				achieve a certain result who is not subject to the direction of the employer as
				to the means and methods of accomplishing the result. For purposes of this
				Part, when making a determination as to whether an individual is an employee or
				an independent contractor, the factors set forth hereinafter in section
				315.3(c)(2) 
				of this Part shall be considered by the employer.
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 315 - Employer Reporting › Section 315.6 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be effective commencing with the first
				  payroll period ending on or after April 1, 1975.
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 316 - Service Credit Determinations For Persons Who Last Became Members On Or After July 1, 1973 › Section 316.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 382 of the Laws of 1973, chapter 890 of the Laws of
				  1976 and chapter 414 of the Laws of 1983 imposed certain limitations upon the
				  retirement benefits which are available to persons who join or rejoin the New
				  York State and Local Employees' Retirement System or the New York State and
				  Local Police and Fire Retirement System on or after July 1, 1973. One such
				  limitation concerns the method whereby such members will receive service credit
				  for other than full-time public service. The provisions of subdivision (e) of
				  section 446, subdivision (d) of section 513 and subdivision (e) of section 609  of the Retirement and Social Security
				  Law permit the State Comptroller to adopt rules and regulations, interpreting
				  the provisions of sections 446, 513 and 609, which are consistent with the
				  intent 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 316 - Service Credit Determinations For Persons Who Last Became Members On Or After July 1, 1973 › Section 316.2 - Service credit determination for persons who last became members on or after july 1, 1973

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Preliminary service credit.
Preliminary service credit for a report period shall be
				  expressed as a fraction, the numerator of which shall be the number of days
				  worked on the payrolls paid in the report period and the denominator of which
				  shall be 260. The Retirement System will determine this preliminary service
				  credit using the number of days worked as reported by the employer in
				  accordance with the provisions of section 315 of this Title (2 NYCRR 315 ]). In
				  no event shall preliminary service credit exceed the fraction obtained by
				  dividing the gross salary paid in the report period by the product of the
				  State's minimum wage and 2,000 hours.
(b) Allowable service credit.
Service credit allowed within any fiscal year of the State
				  shall be equal to the accumulated preliminary service credit within that year
				  upon determination by the Retirement System that the amount of reported
				  preliminary service is accurate.
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 316 - Service Credit Determinations For Persons Who Last Became Members On Or After July 1, 1973 › Section 316.3 - Deleted

Current through Register Vol. 46, No. 28, July 10, 2024
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Whereas, Sections 74 and
				  374  of the Retirement and Social Security
				  Law direct that the Comptroller, upon timely receipt of a written demand, shall
				  hold a hearing to review and redetermine an application for retirement
				  allowance or other benefit provided by the Retirement and Social Security Law;
				  and
Whereas, All such hearings should be conducted in such manner
				  as to protect equally the interests of the applicant and of the retirement
				  system, it being the primary purpose of any such hearing to establish a fair
				  and adequate record for the proper disposition of the application; and
Whereas, In recent years there has been a significant
				  increase in the number of demands for such hearings, and as a result many
				  hearings are held each week throughout the State; and
Whereas, The volume of hearings requires that in the interest
				  of justice reasonable regulations should be promulgated to establish the rules
				  and procedures under which such hearings will be held; it is, therefore,
				  hereby
Determined That the following rules shall be promulgated to
				  determine the procedures which shall be observed and rules which shall be
				  followed for the scheduling of and conduct of such hearings.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.2 - Notice of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				After receipt of a timely written or electronic demand for a hearing and
				redetermination of an application, the retirement system shall notify the
				applicant, other parties and all counsel, if any, when a hearing on the
				application will be held.
(b) All
				notices of hearings shall specifically and plainly state the following:
(1) the purpose of the hearing;
(2) the time, place and date of the
				hearing;
(3) the right of the
				applicant to be represented by counsel;
(4) the procedure for obtaining an
				adjournment; and
(5) the
				consequences of the applicant's failure to appear at a scheduled
				hearing.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.3 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All hearings shall be conducted in an orderly manner. A hearing officer duly
				designated by the comptroller shall preside. A party may represent himself or
				herself, or be represented by an attorney licensed to practice law in the State
				of New York.
(b) All parties may
				present witnesses on their behalf. All witnesses shall testify under oath or by
				affirmation, and shall be subject to cross-examination by the other parties.
				The hearing officer has the discretion to question witnesses.
(c) A record of the proceedings shall be made
				and kept, and a copy shall be furnished to all parties and the hearing officer
				at the expense of the retirement system.
(d) All costs incurred in retaining counsel
				and presenting expert witnesses shall be the sole responsibility of the
				applicant or party.
(e) Motions may
				be made to the hearing officer at any time during the proceeding.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.4 - Initial hearings-presentation of applicant's case

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term initial hearing shall be defined
				as the first scheduled hearing at which the official record of the case is
				opened by the hearing officer.
(b)
				At the initial hearing the applicant must be prepared to present all evidence
				and witnesses in support of his/her claim.
(c) Rebuttal evidence shall not be
				permitted.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.5 - Adjournment before a scheduled hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The retirement system may adjourn or
				cancel a hearing at its discretion when it is not possible for the hearing to
				proceed as scheduled.
(b) A request
				for an adjournment by an applicant or a party other than the retirement system
				before a scheduled hearing must be:
(1) in
				writing, email or other acceptable electronic format; and
(2) received by the retirement system at
				least three business days before a scheduled hearing.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.6 - Scheduled hearings and adjournment requests at a hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant and party other than the
				retirement system shall present its case at the initial hearing.
(1) In the event that a witness or evidence
				is not available at the time a hearing is scheduled, the applicant shall
				request an adjournment before the hearing as provided in section
				317.5 
				of this Part.
(2) The hearing
				officer may in his or her discretion, and upon motion by the applicant or
				party, grant a continuance for additional witnesses to testify.
(i) The applicant or party granted the
				continuance must advise the retirement system within 45 days of the
				availability of the additional expert witness or the applicant or party's case
				will be deemed closed.
(ii) In the
				event that the retirement system is unable to schedule a hearing based on the
				availability dates provided by the applicant or other party, the retirement
				system will provide a written or electronic request for additional dates of
				availability.
(iii) The hearing
				officer has the discretion during a hearing to grant an adjournment of a
				hearing for cause, as defined by section
				317.5(e)(1) 
				of this Part.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.7 - Failure of applicant to appear

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The failure of the applicant or his or
				her attorney to appear at an initial hearing without a timely and proper
				adjournment pursuant to section
				317.5 
				of this Part will result in a dismissal of the application for failure to
				prosecute.
(b) After an initial
				hearing is held, failure to appear without an adjournment or waiver of
				appearance will result in the applicant's case being closed. The retirement
				system reserves the right to present its case.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.8 - Presentation of retirement system's case

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the retirement system determines at
				the conclusion of the applicant's case that it should be necessary to conduct a
				subsequent hearing or hearings for the retirement system's witnesses, a hearing
				will be scheduled by the retirement system as soon as practicable at a time and
				place convenient to the retirement system's witness.
(b) At the conclusion of the retirement
				system's case, the hearing proceeding will be closed.
(c) After all parties have rested, and
				received a copy of the record; the parties may submit a memorandum of law, at
				the discretion of the hearing officer.
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 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings › Section 317.9 - Discovery of medical records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the request of the applicant, the
				retirement system shall provide the report(s) of the physician(s) who examined
				the applicant at the request of the retirement system. The retirement system
				will also provide, at the applicant's request and expense, the records which
				were considered by the retirement system at the time of the initial
				determination of the disability application.
(b) The applicant shall provide the
				retirement system with a copy of all additional reports and documents to be
				offered into evidence, the reports and records (if different) of any medical
				witnesses testifying on the applicant, and the names of all witnesses, within
				the time frame specified by 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 318 - Continuous Service › Section 318.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 60 (f), 60-a, 60-b, 360 (g), 360-a, 360-a, 441 (c), 446 (c)(i), 448 (e), 508 (e), 513 (b)(i), 606 (e) and
				  609 (b)  of the Retirement
				  and Social Security Law relating to eligibility for retirement and death
				  benefits contain or refer to the terms "continuous service" or "during which
				  employment". The strict requirement of continuous service or during which
				  employment can have very inequitable consequences, as the result of which
				  members of the retirement systems can lose eligibility for retirement or death
				  benefits. Sections 11 and 311 of the New York State and Local Employees'
				  Retirement System and the New York State and Local Police and Fire Retirement
				  System, respectively, permit the State Comptroller to adopt and amend rules and
				  regulations for the administration of such retirement systems. Furthermore, the
				  provisions of sections 446 (e) and
				  513 (d)  of the Retirement
				  and Social Security Law permit the State Comptroller to adopt rules and
				  regulations, interpreting the provisions of sections 446 and 513 which are
				  consistent with the intent thereof, subject to approval by the Permanent
				  Commission on Public Employee Pension and Retirement Systems. As appears more
				  particularly from the appended letters dated May 19, 1975, May 21, 1975, May
				  18, 1978, May 25, 1978 and December 19, 1991 (see Appendices 15, 15- A, 15-B,
				  15-C and 15-D infra), such approval has been issued, and this Part is hereby
				  promulgated. Effective April 1, 1992, such pension commission is no longer in
				  existence.
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 318 - Continuous Service › Section 318.2 - Establishing eligibility for retirement benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A member of the New York State and Local
				Employees' Retirement System or New York State and Local Police and Fire
				Retirement System will be considered to have been engaged in "continuous
				service", as that term is used in section 441 (c)  of the Retirement
				and Social Security Law, or to have rendered creditable service "during which
				employment" he became a member, as that term is used in sections 446-(c),
				513(b) and 609(b) of such law, only for the purpose of establishing eligibility
				for a retirement benefit, if, during the period in question, he was eligible to
				receive service credit, and he met any of the following requirements:
(1) He received compensation for each day in
				the period.
(2) He worked a minimum
				of 1,000 hours per year, or a minimum of 700 hours per year with respect to
				individuals who are statutorily entitled to receive one year of actual service
				credit for rendering either 180 or 200 days of service in a year. For the
				purpose of this requirement a person shall be deemed to have received
				compensation for each day of a calendar month if he shall have earned at least
				20 hours of salary during such a month. This 1,000-hour minimum will be based
				upon the State fiscal year, but will be prorated for less than a full State
				fiscal year in the case of the first and last year of employment. If a
				participating employer has not certified to the retirement system the number of
				hours worked by a member, the total hours worked during the State fiscal year
				will be determined by dividing the gross salary received in the State fiscal
				year by the member's hourly rate of pay, if known, or by the State's minimum
				wage during such period, if the member's hourly rate of pay is not
				known.
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 318 - Continuous Service › Section 318.3 - Establishing eligibility for death benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A member of the New York State and Local
				Employees' Retirement System or New York State and Local Police and Fire
				Retirement System will be considered to have been engaged in "continuous
				service" as that term is used or referred to in sections 60(f), 60-a, 60-b,
				360(g), 360-a, 360-b, 448(e), 508(e), and 606(e) of such law, only for the
				purpose of establishing eligibility for a death benefit, if, during the period
				in question, he was eligible to receive service credit, and he met any of the
				following requirements:
(1) He received
				compensation for each day in the period. For the purpose of this requirement a
				person shall be deemed to have received compensation for each day of a calendar
				month if he shall have earned at least 20 hours of salary during such a
				month.
(2) He received, or will
				receive, full service credit for such employment.
(3) He worked the applicable minimum number
				of hours per year provided in section
				318.2(a)(2) 
				of this Part. This minimum will be based upon the 12-month period immediately
				preceding his last day on the payroll prior to his death. If a participating
				employer has not certified to the retirement system the number of hours worked
				by a member, the total hours worked during the State fiscal year will be
				determined by dividing the gross salary received in the State fiscal year by
				the member's hourly rate of pay, if known, or by the State's minimum wage
				during such period, if the member's hourly rate of pay is not known.
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 318 - Continuous Service › Section 318.4 - Leave under the family and medical leave act of 1993

Current through Register Vol. 46, No. 28, July 10, 2024
A member shall be deemed to have been in continuous service
				  for the purposes of Retirement and Social Security Law, sections
				  446,
				  513 and
				  609 and for the purposes of determining when
				  and whether an individual's membership shall terminate on account of absence
				  from government service under section 40 (f)(5)  of the Retirement
				  and Social Security Law or any similar provision of law or regulation, with
				  respect to any period during which such member is on leave under the Family and
				  Medical Leave Act of 1993 (Public Law 103-3).
				  Notwithstanding the above, a member shall not be entitled to service credit for
				  any period of unpaid leave taken pursuant to the Family and Medical Leave Act
				  of 1993.
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 319 - Calculation Of Death Benefits For Retirees Restored To Membership › Section 319.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person who
				enters or reenters public service on or after July 1, 1973 shall be deemed to
				be a new member of the Retirement System and subject to the provisions of
				article 11 of the Retirement and Social Security Law. Section 448  of the Retirement and Social Security
				Law provides for a death benefit to members of a retirement system who join or
				rejoin a retirement system on or after July 1, 1973 and who have rendered at
				least one year of service. The calculation of death benefits payable pursuant
				to section 448 is based upon the years of service rendered by the
				member.
(b) Section 60 (a)  of the Retirement and
				Social Security Law provides that when a retired member returns to service,
				total service credit, for the purpose of calculating his death benefit, shall
				include service rendered prior to his retirement, provided that he shall have
				rendered at least one year of service since he last became a member. The
				following rule establishes the terms and conditions by which the member will be
				entitled to former service credit in the calculation of his death benefit under
				section 448  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 319 - Calculation Of Death Benefits For Retirees Restored To Membership › Section 319.2 - Former service credit available

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or after July 1, 1973 any pensioner
				who returns to active public service, rejoins the Retirement System, renders at
				least one year of member service credit after restoration to active service,
				and has elected a death benefit pursuant to section 448  of the Retirement and Social Security
				Law, shall, upon his death while in service be entitled to full credit for all
				former service credit in the calculation of the death benefit.
(b) Such total service credit to which he is
				entitled shall be so credited only in the event the member returns to the
				Retirement System, with regular interest, the actuarial equivalent of the
				amount of the retirement allowance he received. In the event that such amount
				is not so repaid, the actuarial equivalent thereof shall be deducted from the
				death benefit. The provisions of this section shall be applicable only in the
				event the resulting death benefit will exceed the death benefit which would
				otherwise be payable.
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 320 - Advisory Council For The New York State And Local Retirement Systems › Section 320.1 - Background and determination

Current through Register Vol. 46, No. 28, July 10, 2024
Whereas, sections 11 and
				  311  of the Retirement and Social Security
				  Law establish the Comptroller as the administrative head of the New York State
				  and Local Employees' Retirement System and New York State and Local Police and
				  Fire Retirement System, with the power to obtain such necessary technical and
				  management advice as he may require, and to adopt and amend rules and
				  regulations for the administration and transaction of the business of these
				  retirement systems; and
Whereas, during 1959 the Comptroller appointed an Advisory
				  Council for the Retirement Systems to advise him and make recommendations to
				  him concerning the formulation of policies in relation to the administration
				  and management of these retirement systems; and
Whereas, the Comptroller now deems it desirable to expand the
				  membership of the council, and to formalize its structure and operation; it is
				  hereby
Determined and directed that a regulation be promulgated for
				  the restructuring and continuation of the Advisory Council for the New York
				  State and Local Retirement Systems, said council to advise and make
				  recommendations to the Comptroller on the formulation of policies in relation
				  to the administration and management of the retirement systems. This council
				  shall have the membership, duties and convening procedures set forth in this
				  Part.
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 320 - Advisory Council For The New York State And Local Retirement Systems › Section 320.3 - Duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Advisory
				Council for the Retirement Systems shall advise the Comptroller on various
				retirement matters, including but not limited to:
(1) types and costs of retirement
				benefits;
(2) the impact of
				retirement programs on the State of New York and the various participating
				employers;
(3) social security
				matters as they relate to members and pensioners;
(4) services provided to members, pensioners,
				beneficiaries and employers;
(5)
				State and Federal relationships as they relate to Federal involvement with
				public retirement in New York State;
(6) generally, subjects of retirement, income
				after retirement, disability and death benefits, and other related matters;
				and
(7) the administration of the
				retirement systems.
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 320 - Advisory Council For The New York State And Local Retirement Systems › Section 320.4 - Convening of the council

Current through Register Vol. 46, No. 28, July 10, 2024
The Advisory Council for the New York State and local
				  Retirement Systems shall convene periodically at the request of the
				  Comptroller. The members of the council shall be entitled to reimbursement for
				  their actual and necessary expenses, but they 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 320 - Advisory Council For The New York State And Local Retirement Systems › Section 320.5 - 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 Advisory Council for the New York State
				  and Local Retirement Systems to avoid potential conflicts between the financial
				  and other personal interests of members of the council 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
				  Advisory Council, 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 321 - Vested Benefits › Section 321.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
The Retirement and Social Security Law provides that members
				  of the Retirement System become eligible under certain circumstances for a
				  vested retirement allowance, or for a particular service retirement allowance
				  for service credited in a specified retirement plan. However, some members of
				  the Retirement System, having become eligible for such benefits, subsequently
				  terminate their employment with the participating employer in whose employ they
				  have established such eligibility, and then either commence or continue in the
				  employ of a different participating employer which offers its employees a
				  retirement plan which provides less favorable benefits. When such a member of
				  the Retirement System then applies for retirement, his retirement allowance is
				  determined in accordance with the retirement plan of the employer by which he
				  was last employed. Since it would be inequitable, and inconsistent with the
				  intent of the Legislature, to provide such a member with a retirement allowance
				  which is less than that to which he was entitled by virtue of his eligibility
				  at the time he terminated his employment with the participating employer with
				  which he had earned such status, and since sections 11 and
				  311  of the Retirement and Social Security
				  Law permit the State Comptroller to adopt and amend rules and regulations for
				  the administration of the New York State Employees's Retirement System and the
				  New York State Policemen's and Firemen's Retirement System, the following
				  method of determining a member's retirement allowance in such circumstances is
				  hereby promulgated.
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 321 - Vested Benefits › Section 321.2 - Determination of retirement allowance

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that a member of the Retirement System:
(a) has become eligible for a vested
				retirement allowance or for a certain service retirement allowance in
				accordance with any of the retirement plans set forth in the Retirement and
				Social Security Law;
(b)
				subsequently terminates his employment with the participating employer with
				which he has earned such status;
(c) then either commences or continues
				employment with another participating employer which offers a retirement plan
				providing less favorable benefits; and
(d) the member then applies for service
				retirement;
the member's retirement allowance shall be determined in
				  accordance with the method set forth in the retirement plan provided by the
				  participating employer by which he was last employed prior to retirement;
				  provided, however, that in no event shall the retirement allowance of such a
				  member be less than that to which the member was entitled by virtue of his
				  status as an employee at the time he terminated his employment with the
				  participating employer with which he had earned such status.
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 322 - Payment Of The Ordinary Death Benefit Upon The Death Of Certain Retirees › Section 322.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				of sections 90 and
				390  of the Retirement and Social Security
				Law permit a retiring member to select an optional settlement of his retirement
				allowance. Such an option selection is to be filed with the Comptroller any
				time before the first payment of a benefit becomes normally due, except that in
				the case of retirement on account of disability, such an election may be made
				within 30 days after mailing by the Comptroller of notification of approval of
				retirement on account of disability. To assist retiring members in the
				selection of an option, the Retirement System prepares an estimate of benefits
				which will be available to the applicant. The estimate sets forth the
				information which is necessary and pertinent for the member to select the
				retirement settlement most suited for him and his beneficiary.
(b) In the event a retired member dies within
				30 days after the effective date of his retirement, and before his optional
				election becomes effective, sections 60 and
				360  of the Retirement and Social Security
				Law, among other things, provide that his designated beneficiary shall be
				entitled to the ordinary death benefit. However, should a retired member die
				more than 30 days after the effective date of retirement, and without having
				selected an option, sections 90 (bb [2]) and 390 (bb [2]) mandate that he be
				deemed to have been retired under option one-half, which provides only for the
				return of the member's accumulated contributions, if any. In this latter case,
				no benefit will be paid to the beneficiary of a noncontributory member, since
				he will have had no accumulated contributions to his credit. Based upon the
				authority set forth in sections 90 (bb [1]) and 390 (bb [1]), this Part is
				promulgated to ensure that the provisions of sections 90 (bb [2]) and 390 (bb
				[2]) will not become applicable in the case of a pensioner who dies within 60
				days following the effective date of retirement without making an effective
				election of an option, and:
(1) who had not
				been furnished with a retirement estimate within one year prior to the date of
				retirement; or
(2) who was
				furnished with a retirement estimate less than 14 days prior to the date of
				death.
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 322 - Payment Of The Ordinary Death Benefit Upon The Death Of Certain Retirees › Section 322.2 - Payment of the ordinary death benefit upon the death of certain retirees

Current through Register Vol. 46, No. 28, July 10, 2024
On or after January 1, 1976, upon the death of a pensioner
				  within 60 days following the effective date of retirement who had not made an
				  effective election of an option, and who:
(a) had not been furnished with a retirement
				estimate within one year prior to the date of retirement; or
(b) was furnished with a retirement estimate
				less than 14 days prior to the date of death;
the ordinary death benefit shall be paid to his designated
				  beneficiary as provided in sections 60 (a) and
				  360 (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 323 - Commencement Date Of Member Contributions Under Article 14, The Coordinated-escalator Retirement Plan › Section 323.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Section 517  of the Retirement and Social Security
				  Law requires that members covered by the provisions of article 14 of the
				  Retirement and Social Security Law contribute three percent of annual wages to
				  the retirement system in which they have membership. Section 517 also empowers
				  the head of a retirement system to promulgate such regulations as may be
				  necessary and appropriate with respect to the deduction of such contributions
				  from members' wages.
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 323 - Commencement Date Of Member Contributions Under Article 14, The Coordinated-escalator Retirement Plan › Section 323.2 - Commencement of contributions

Current through Register Vol. 46, No. 28, July 10, 2024
Since few payrolls begin on January 1, 1977, the effective
				  date of article 14, the commencement of contributions as of that date would
				  present an obstacle to the implementation of the coordinated-escalator
				  retirement plan. Therefore, the contributions required by section 517 shall be
				  deducted beginning with the first full payroll period in 1977 with respect to
				  which payment is made in 1977.
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 323 - Commencement Date Of Member Contributions Under Article 14, The Coordinated-escalator Retirement Plan › Section 323.3 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be effective January 1,
				  1977.
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 324 - Membership In The New York State Employees' Retirement System For Persons Employed On Or After July 1, 1976 › Section 324.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 500 (b)  of the Retirement
				and Social Security Law provides that persons who enter positions in public
				employment on or after July 1, 1976 with the State or a public employer which
				participates in the New York State Employees' Retirement System, shall be
				enrolled in the membership of the Retirement System if they are engaged in
				full-time positions. Persons employed on or after such date in positions
				involving less than full-time work shall be permitted to become members of the
				New York State Employees' Retirement System by filing an application therefor
				in the manner provided for by section 40 of such law. Section 600 (b)  of the Retirement
				and Social Security Law provides similar membership criteria for individuals
				subject to article 15 of the Retirement and Social Security Law.
(b) This rule is promulgated to establish the
				criteria whereby the status of a person employed on or after July 1, 1976 may
				be readily ascertained and such person's membership properly implemented, and
				is based upon the more detailed provisions of Parts 315 and 316 of this
				Title.
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 324 - Membership In The New York State Employees' Retirement System For Persons Employed On Or After July 1, 1976 › Section 324.2 - Part-time employment

Current through Register Vol. 46, No. 28, July 10, 2024
A person who enters the employ of the State or a
				  participating employer on or after July 1, 1976 shall be deemed to be in
				  part-time employment if:
(a) such
				employee is employed in a position for which the employer has determined that
				the employee will not be required to work 30 or more hours per week;
(b) such employee will work less than the
				standard number of hours per week established by the employer, pursuant to
				section
				315.3  of this
				Title, for the position in which such service is rendered;
(c) such employee (including elected or
				appointed public officers) will be employed in a position for which the annual
				rate of compensation is less than the product of the State's minimum wage
				during such period, and 2,000 hours;
(d) such employee is employed in a position
				which will be terminated within one year of the date of commencement
				thereof;
(e) such employee is
				employed provisionally, as authorized in section 65  of the Civil Service Law, or on a
				temporary basis, as authorized in section 64  of the Civil Service Law; or
(f) such employee is employed in a position
				the nature of which is such that his employment will be on less than a 12-month
				per year basis.
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 324 - Membership In The New York State Employees' Retirement System For Persons Employed On Or After July 1, 1976 › Section 324.3 - Full-time employment

Current through Register Vol. 46, No. 28, July 10, 2024
A person who enters the employ of the State or a
				  participating employer on or after July 1, 1976, and who is not engaged in
				  part-time employment as set forth in section
				  324.2  of
				  this Part, shall be deemed to be in full-time employment.
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 324 - Membership In The New York State Employees' Retirement System For Persons Employed On Or After July 1, 1976 › Section 324.4 - Mandatory membership

Current through Register Vol. 46, No. 28, July 10, 2024
Those persons who are deemed to be in full-time employment
				  pursuant to section
				  324.3  of
				  this Part shall be mandatory members of the New York State Employees'
				  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 324 - Membership In The New York State Employees' Retirement System For Persons Employed On Or After July 1, 1976 › Section 324.5 - Permissive membership

Current through Register Vol. 46, No. 28, July 10, 2024
Those persons who are deemed to be in part-time employment
				  pursuant to section
				  324.2  of
				  this Part shall be entitled to join the New York State Employees' Retirement
				  System, and they shall be so advised by their employer. Their membership shall
				  become effective upon the filing of an application therefor.