Loading...
HomeMy WebLinkAboutEmployees Retirement System JUDITH T. TERRY T O',V'N CLERK REGISTRAR OF VITAL STATISTICS Om E TOWN ;~iSO,UTH~ )~D' gUFFOLK CO~T? Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 27, 1981 Honorable Kenneth P. LaValle New York State Senator The Senate Albany, New York 12247 Dear Senator LaValle: Transmitted herewith is Home Rule Request for Senate bill No. 249-A concerning the New York state employees' retirement system. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) RECEIVED ~'lprk Soutlmld KENNETH P. LAVALLE THE SENATE STATE OF NEW YORK ALBANY March 11, 1981 SoutholdTownClerk Main Road Southold, New York 11971 Dear Sir: Constitutional provisions mandate that certain bills require a Hcrae Rule Request before the Legislature can act upon th~. Senate Bill 249A is one such bill. We respectfully request that your office cc~plete the enclosed forms and return th~mtous as soon as possible. Thank you for your help in this matter. Enclosures Sincerely yours, STATE OF NEW YORK 2.49--A 1981-1982 Regular Sessions IN SENATE (P~efiled3 January ?, 1981 Introduced by Sen. LAVALLg--rea.d twlce and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions--committee discharsed, bill amended, ordered reprinted as amended and ~ecommi%ted to said committee AN ACT to allow persons in publ~lc employment on August sixteenth, nineteen hundred seventy-three or their executor, administrator or persona[ representative who did not fi~e a membership application with the NO~ Yo~k state employees' ~eti~ement system to file a ~equezt fo~ · et~oactive meatbe~$hip with the state compt~olle~ The Peoole of the State of New York. represented in Senate end Assem- bly. do enact as follows: Section 1. Notwithstanding any other provision of law %o the contrary, EXPLANATZON--Mat%er in italics Cunderscored) is new; matter in brackets £ ] iS old law to be omitted. LBD1-41-13-627A IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Govermnent for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution, the .................... ~.~__wn_. _ ............................................ of (county, city, town or village) .... ~ ---i.-.Soutbx~-l.6(name) ................ requests the enactment of~ bill(No. 249-& _), entitled" AN ACT to allow persons in public employment on August sixteenth, nineteen hundred seventy-three or their executor, administrator or personal representative who did not file a membership application with the New York state employees' retirement system to file a request for retroactive membership with the state comptroller. It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: (Check appropriate box) ~] The local government does not have the power to enact such legislation by local law. [] Other facts, as set forth in the following "Explanation" establish such necessity. EXPLANATION (If space below is not sufficient, use separate sheet and attach here) Such request is made by:' (Check appropriate box) :': [] The chief executive officer of such local government, concurred in by a majority of the total membership of the local legislative body. (See paragraph A below) [] The local legislative body of such local government, at least two-thirds of the total membership thereof having voted in favor of such request. (See paragraph B below) ¸:3 READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by a majority of the total mem- bership of the local legislative body, both the chief executive officer and the clerk of the local legislative body must sign below. In such case use the word "majority" below even though the vote may have been greater. B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof having voted in favor of such request, only the clerk of the local legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) ......................................................... (chief executive officer) ...................................... (Print or type name below signature) Date: ................... , 19 ......... (Title of chief executive officer ) CLERK'S CERTIFICATION I, _ _J_ud~th___.T..:_ _.Terry ............. , do hereby certify that I am Clerk of the ................................. ......................... :_Town Bq.~.~d ............ of the ..... T.O_..W_~ ............................................. of...._i ................... ~QU~_~Q_-ld .................... : and that on the ..~.4__th __ day of ' ~2 ~ .~-~ . two-thirds 19_ _8~.., such legislative body at leasta of the total membership having voted in favor thereof, apgfoved the f0regoing'~equest. (strik¢outone) ., - ~ ~. Judith T. Terry M~rch 2 81 Date:____2LLL~ ........... ~ .............. , 19 _ INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed with each House of the Legislature. ~.'~ Examples: · ia) if the l~ill has been introduced in only one House of the Legislature, four copies of the request form must be filed, i.e., two with the Senate and two with the Assembly. lb) If the identical bill has been introduced in both Houses, eight copies of the request form must : 7:":: be ~'led, 'i.d., {W~ With :ihe Senate and ~v~(~ With th~ Assembly for' the Senate bill' and' the same :: Date of request;.i ' The signing of a home rule request or the adoption of a resolution by th~ 10~al'l~gislative b0dy approv- ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be signed or the resolution adopted the same day as the date of introduction. Amended bills: Each time the bill is amended a new request must be filed {with the appropriate number of copies) and the new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, cannot precede the date of the amendment. Transmittal The signed forms should be sent as follows: To the Senate: Home Rule Counsel Senate Post Office The Capitol Albany, N. Y. 12224 To the Assembly: Home Rule Counsel Assembly Post Office The Capitol Albany, N. Y. 12224 Definition of terms: Chie! executive officer. In the case of a county, the elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in the case of a town, the supervisor. (Municipal Home Rule Law §40) Local legislative body. The board of supervisors, board of aldermen, common council, council, commission, town board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, city, town or village /Const. Art. IX. §3; Municipal Home Rule Law §2) Special law A state statute which in terms and in effect applies to one or more, but not all, counties (other than those wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) JUDI l'H T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF To~WN~.i~FR K TOWN OEgSOUTHOLD' SUFFOLK Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 13, 1981 Honorable Kenneth p. LaValle New York State Senator 998 Middle Country Road Selden, New York 11784 Dear Senator LaValle: Transmitted herewith is Home Rule Request concerning membership in the New York State Employees' Retirement System, Senate bill No. 249-B, which was approved by resolution of the Southold Town Board on May 12, 1981. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution, the _Town ......................................... o! (county, city, town or village) - · Senate . B .......................~O-UthO~"~lcnam¢, ............ requests the enactment of ~bdl(No ...... 2~9m ........), entitled" AN ACT to allow persons in public employment on August sixteenth nineteen hundred seventy-three or their executor, administrator or personal representative who did not file a membership application with the New York state employees' retirement system to file a request for retroactive membership with the state conptroller. It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: (Check appropriate box) [~The local government does not have the power to enact such legislation by local law [] Other facts, as set forth in the following "Explanation" establish such necessity. EXPLANATION (If space below is not sufficient, use separate sheet and attach here'~ Such request is made by: (Check appropriate box) ~ The chief executive officer of such local government, concurred in by a maiority of the total membership of the local legislative body. (See paragraph A below) ~The local legislative body of such local government, at Ieast two-thirds of the total membership thereof having voted in favor of such request (See paragraph B below) READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by a majority of the total mem- bership of the local legislative body, both the chief executive officer and the clerk of the local legislative body must sign below. In such case use the word "majority" below even though the vote may have been greater. B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof having voted irt favor of such request, only the clerk of the local legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) (chief executive officer) Date: (Print o~' type name below atgnaturc ) CLERK'S CERTIFICATION ,: ·: I ............. ..J_~d_~..~__h_ ___T_.- ._T_~__I' _fy ........... do hereby certify that I am Clerk of the ................................. ' Town Board : of the Town of ..................... .~ut_hQ~O~ ........................ and that on the 12th ...... day of ........ __M_~Y______.i ........... 19_81 ..... such~m~d two-thirds '/~ : ~q,[ ~, Nxy, at least~xl:gl~r~ of the total membership having voted in favor thereof. approved/he foregoing request~ (strikeoutone}  ~' (Signe e 4 .... ~ ~"~" ~ / ....... Judith.-~. -Terry .......... INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed with each House of the Legislature. Examples: (a) If the bill has been introduced in only one House of the Legislature, four copies of the request form must be filed, i.e., two with the Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses. eight copies of the rgqu. est form must ' - ' be fif6d.. .i'd", /~vo with the S~hate and ~tW6 with the Assemi~ly fo~' the Senate bill and the same The signing of a home rule request or the adoption of a resolution by the local legislative body approv- ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be signed or the resolution adopted the same day as the date of introduction· Amended bills: Each time the bill is amended a new request must, be filed (with the appropriate'number of copies) and the new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, cannot precede the date of the amendment. Transmittal: The signed forms should be sent as follows: To the Senate: Home Rule Counsel Senate Post Office · The Capitol Albany, N. Y. 12224 Definition of terms: To the Assembly: Home Rule Counsel Assembly Post Office The Capitol Albany, N. Y. 12224 Chie! executive officer. In the case of a county, the elective or appointive chief executive officer, if there be one. or otherwise the chairman of the board of supervisors; in the case of a city or village, the mayor (not manager); and in the case of a town. the supervisor. (Municipal Home Rule Law §40) Local legislative body. The board of supervisors, board of aldermen, COmmon council, council, commission, town board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2) Special law A state statute which in terms and in effect applies to one or more, but not alt, counties (other than those wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) RECEIVED KENNETH P. LAVALLE THE SENATE STATE OF NEW YORK May 4, 1981 Southold Town Clerk Main Road Southold, New York 11971 Dear Sir: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate bill 249-B is one such bill. We respectfully request that your office complete the enclosed forms and return them to us as soon as possible. Thank you for your help in this matter. Sincerely yours, 1CPL:jc Encs. .i STATE OF NEW YORK 249--B 1981-1982 ReGular Sessions IN SENATE January ?, 1981 ~ntroduced by Sen. LAVALLZ~read twice and ordered printed, cnd when printed to be con~nltted to the Con. lites on Civil Service and Pensions~conunittes discharged, bill amended, ordered ~epr[nted as amended and reco~ltted to said co~mittee~comm~ttee discharged, bill amended, o~dered reprinted e~ &mended and reco~uaitted to said cohabit- tee A~ ~CT to allow persons [n public employment on AuGust sixteenth, ~etroactive membership with the state comptroller The Peomle o~ the. State of Ne~ York. represented in Senate hl~. do enact ~ foilows~ Section [. Notwithstanding any othe~ provision of law to the contrary, . &n~ person who was employed on AuGust sixteenth, nineteen hundred seventy-three by the State of New Yo~k or by an employer who p&rtici- pates in the New York state employees' retirement system, who w~ ecru- ascribable to h~s o~ negligence, w~ not & ~be~ ~f such sFste~ on flu- ~ust s~xteenth, ninetee~ hundred seventh-three, m~ ~ deemed to have b~o~ a ae~e~ of such s~st~ on ~u~t sixteenth, n[net~n h~d~ed seventF-th~ee [f on 9~ ~fe~e Dece~be~ ~[~ty-f[~et, nineveh hundred that effect. EXPLANATION--N&ttor in italics (underscored) is newj matte~ in b~aoket~ [ 3 is old law to be omltted. Assembly · 249. 'title o[ th!!: AN ACT to allow person.'-; in public ~.~mploymen[: afl Au{Iu-qt si:rtcr~nth, tion with the New York state emplOyees' retirementlsystem tO file a request for retroactive membership with the state comptroller. Purpose or General Idea of Bill: To ailow persons employed on the sixteenth off AugusL 1973 by · SLate o~ New York o~ by an employer who pa~LScipaLes.&n ~ho New S~ate Retirement SysLem to become a member off such sysLem on that date if.be~o~e Deqember 3~, 1980, such person sh~ll ~le w~Lh ~he. State Comptroller a written .request ~o [ha[ effecL. Summary ofSpeclficProvisions:. -' °. .Specia~ act to allow a person serving as a Town Assessor on August 16, 1973, to become a member of the SEahe Retirement Sys~era as of that date.. ~ Eflucts of Present Law Which This Bill would ^Itc, r: NO~'F:. l![ISti[iCC:~.]C.:,: On AUgust 16, 19-/3, ':"}D.LVJllle KL~llE;,~-y be.c~-~z..ne an ass;e.~,sor tel'ltl;.Z Town of Southold. At that ~time he was inadvertently left out of the State Retirement System through no fault of his own. Because of this error, Mr. Kelsey's potential'pension"benefits are directly affected. This legislation would allow Mr. Kelsey to receive full- pension benefits he would be entitled to if he had been included in the pension system on the date his elnpJlo~qllent' bec.[z3r;. This tion has the support of the Town of Southold. Prior Lcgisl'atlve History: ;':isca% hn;~:ici~lions for Sti:te and Local Governments: To be detemined. Immediately. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS 'S~FF~QL) Southold, L. I., N. Y. 11971 TELEPHONE ($16) 765-1801 January 28, 1981 Honorable Kenneth P. LaValle New York State Senator The Senate State of New York Albany, New York 12247 Dear Senator LaValle: Enclosed is executed Home Rule Request for ihe enactment of Senate bill No. 249, entitled "AN ACT to allow persons in public employment on August six- teenth, nineteen hundred seventy-three who did not file a membership application with the New York state employees' retirement system to file a request for retroactive membership with the state comptroller". As explained in a telephone call to your office recently, Nelville A. Kelsey, Jr., who is the subject of this bill, died on December 29, 1980. .Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 January 30, 1981 Richard F. Lark, Esq. gain Road Cutchogue, New York 11935 Dear Mr. Lark: Enclosed herewith is a Home Rule Request recently adopted by the Town Board and forwarded to Senator Kenneth P. LaValle. I thought you might be interested, whereas you are handling the Kelsey Estate, in progress to date. Very truly yours, J/ud~. t h~T~. Terry Southold Town Clerk En closures IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution. the ..... T°wn .................................... of (county, city, town or wllagel Senate ..... _8.o!k.t_hol.q! .................................... {.am,, requests the enactment o~mt:~ bill(No. _ 269 _ ), entitled" AN ACT to allow persons in public employment on August sixteenth, nineteen hundred seventy-three who did not file a membership applica- tion with the New York state employees' retirement system to file a request for retroactive membership with the state ccmptroller It is hereby declared that a necess(ty exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: /Check appropriate box) [~ The local government does not have the power to enact such legislation by local law. [] Other facts, as set forth in the following "Explanation" establish such necessity. EXPLANATION (If space below is not sufficient, use separate sheet and attach here) Such request is made by: (Check appropriate box'l [] The chief executive officer of such local government, concurred in by a majority of the total membership of the local legislative body. (See paragraph A below) []~ The local legislative body of such local government, al least two-thirds of the total membership thereof having voted in favor of such request. (See paragraph B below) READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by a majority of the total mem- bership of the local legislative body, both the chief executive officer and thc clerk of the local legislative body must s~gn below In such case use the word "majorits" below even though the vote may have been greater B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof having voted in favor of such request, only the clerk of the local legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) (Print or type name below signature) Date: ...... 19 (T~tle of chief executive officer ~ CLERK'S CERTIFICATION I ........... O'udi_t.)~ T. Terry ....... do hereby certif3 that I am Clerk of the (print or type name) Uocal legJslative body Town Board of the Town (county, city, town or village) of ............... S'outhdld ............. and that on the 27th ] ._ day of .... Jarikla.r_y. , 1981 such' ., It , .""x_ al leastatw°-thirds , leg~slat,ve bod.~ . . of the total membership having voted m favor thereof, approved ~he foregoing req;est.) Date: ....... g__a_ n q__a__xT_y__. 27_ .... 19 ........ Audi th T._W,~ ,,~,~rr~ ........ INSTRUCTIONS Copies required: Two signed copies of this form. specifying the final bill number and title must be filed with each House of the Legislature. . Examples: . . (a) If the bill has:been:introduced in only one House of the Legislature. four copies of the request form must be filed, i.e.. two with the Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses. eight copies of the request form must be filed, i.e.. two with the Senate and two with the Assembly for the Senate bill and the same Date of request: The signing of a home rule request or the adoption of a resolution by the local legislative body approv- ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of prefiled bills, the actual date of introduction is the first day of the legislative session. The request may be signed or the resolution adopted the same day as the date of introduction. Amended bills: Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, cannot precede the date of the amendment. Transmittal: The signed forms should bc sent as follows: To the Senate: Home Rule Counsel Senate Post Office The Capitol Albany, N. Y. 12224 To the Assembly: Home Rule Counsel Assembly Post Office The Capitol Albany. N. Y. 12224 Definition of terms: Chie/ executive ol~cer. In the case of a county, the elective or appointive chief executive officer, if there be one. or otherwise the chairman of the board of supervisors: in the case of a city or village, the mayor (not manager}: and in the case of a town, the supervisor. (Municipal Home Rule Law §40) Local legislative body. The board of supervisors, board of aldermen, common council, council, commission, town board, board of trustees or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local Iaws or ordinances. (Municipal Home Rule Law §2) Local government. A county, city, town or village IConst Art. IX, §3; Municipal Home Rule Law §2) Special law A state statute which in terms and in effect applies to one or more, but not all. counties (other than those wholly included within a city) cities, towns or villages. (Const. Art. IX §3; Municipal Home Rule Law §2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law. §§20, 40) KENNETH P. L^VALLE THE SENATE STATE OF NEW YORK ALBANY 12247 RECEIVED JAN Z 0 1981 T~ clm'~ sourced January 15, 1981 Southold Town Clerk Main Road Southold, New York 11971 Dear Sir: Constitutional prcvisions mandate that cercazn bills require a Ho~e Rt~ie Request before the Legislatur~ can act upon Sep~Le bill 249 iconc such bill. We res~,ectfu]ly request that your office compl(~te the enc.Losed forms and return them to ~s as soon as possiblz. Sincerely yours, /"'-- KPL:jmc En~s. STATE OF NEW YORK 249 1981-1982 Regular Sessions IN SENATE (Prefiled) January 7, 1981 Introduced by Sen. LAVALLE--read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to allow persons in public employment on August sixteenth, nineteen htmdred seventy-three who did not file a membership applica- tion with the New York state employees' retirement system to file a request for retroactive membership with the state comptroller The People of the State of New York, represented in Senate and Assem- bly~ do enact aa follows: 1 Section 1. Notwithstanding any other provision of law to the contrary, 2 any person who was employed on August sixteenth, nineteen hundred 3 seventy-three by the State of New York or by an employer who particl- 4 pates in the New York state employees' retirement system, who was actu~ 5 ally on the payroll of such employer on August sixteenth, nineteen hun- dred seventy-three a~d who on the effective date of this act is serving 7 as a town assessor, and who, for reasons not ascribable to his own ne- 8 gligence~ was not a member of such system on August sixteenth, nineteen 9 hundred seventy-three, may be deemed to have become a member of such system on August sixteenth, nineteen hundred seventy-three if on or 11 before December thirty-first, nineteen hundred eighty-one, such person 12 shall file with the state comptroller a written request to that effect. 13 § 2. This act shall take effect immediately. EXPLANATION--MarteN in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD1-06-13-276 Bill Numh~r: AssembFy 249 - Sponsors: Members of Assembly: .... Sem)ators:.. l.'Dnneth P. LaVal[e \ Jnlrodu,.:c(J [~t IJle.. request '[itleof ~{[ll: AN ACT to allow persons in public: employment ,:m August si::teenth, ninteen htndred sevcnt, y--thre(~ %.;ho dig tion with the New York state employees' retirement system to .request for retroactive membership with the state comptroller. Purpose or General Idea of Bill: To allow persons employed on the sixteenth of August 1973 by the -State of New York or by an employer who participates.in the New York State Retirement System to become a member of such system on that date if befQre DeQember 31, 1980, such person shall file with the. State Comptroller a written .request to that effect. Summary ofSpecificProvislons:- * '' · . Specia~ act to allow a person serving as a Town Assessor on August 16, 1973, to become a' member of the State Retirement System as of that date.. . Eflects of [)resent Law w:tich This 8ill would Alter: ~0~. JustificatJo;~: On Augt~st 16, 1973~ ~.i~lvJ. lle Kal. sey bec:a~.e ar: assessor '£own of Southold. At that *time he was inadvertently left out of the State Retirement System through no fault of his own. Because of this error, Mr. Kelsey's potential' pension'benefits are directly affected. This legislation would allow Mr. Kelsey %o receive full- pension benefits he would be entitled to if he had been included in the pension system on the date his employment began. This .!ef[isl. a- tion has the support of the Town of Southold. Prior Legisl'ative History: NONE. Fisca! Imp;icalions I'or St~Jle and Local Governments: To be determined. Immediately.