AAC-18-12-00009-P Identification of Membership Tiers

5/2/12 N.Y. St. Reg. AAC-18-12-00009-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 18

May 02, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF AUDIT AND CONTROL

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAC-18-12-00009-P

Identification of Membership Tiers

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Part 325 of Title 2 NYCRR.

Statutory authority:

Retirement and Social Security Law, sections 11 and 311

Subject:

Identification of Membership Tiers.

Purpose:

Clarifies the separate and distinct levels of membership with respect to members of NYSLERS and NYSLPFRS.

Text of proposed rule:

Section 325.1. Background.

Whereas the Retirement and Social Security Law provides for [four] six separate and distinct levels of membership and benefits with respect to members of the New York State and Local Employees' Retirement System, and [two] 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.

Section 325.2. Tiers of membership in New York State and Local Employees' Retirement System.

(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.

(e) Members who last joined the New York State and Local Employees' Retirement System on or after January 1, 2010, but before April 1, 2012, shall be identified as tier five members.

(f) Members who last joined the New York State and Local Employees' Retirement System on or after April 1, 2012 shall be identified as tier six members.

Section 325.3. Tiers of membership in New York State and Local Police and Fire Retirement System.

(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.

(e) Members who last joined the New York State and Local Police and Fire Retirement System on or after April 1, 2012 shall be identified as tier six members.

Note: there is no tier four membership in the New York State and Local Police and Fire Retirement System.

Text of proposed rule and any required statements and analyses may be obtained from:

Jamie Elacqua, Office of the State Comptroller, 110 State Street, Albany, NY 12236, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This is a consensus rulemaking proposed for the sole purpose of clarifying the separate and distinct levels of membership with respect to members of the New York State and Local Employees' Retirement System and members of the New York State and Local Police and Fire Retirement System. These technical amendments relate to dates of membership as set out in statute and it has been determined that no person is likely to object to the adoption of the rule as written.