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HomeMy WebLinkAboutEmployees Retirement System Retroactive Membership THE ASSEMBLY STATE OF NEW ALBANY JOHN L- BEHAN 1_ ? 1982 ..o. aox ,oos Town Clerk Soufhold May 13, 1982 Ms. Judith T. Terry Southold Town Clerk Town Hall 53095 Main Road P. O. Box 728 Southold, New York 11971 Dear Judy: This is in response to your letter of April 22 regarding the situation concerning the late Melville Kelsey. It is necessary that we receive a home rule message from Southold Town for the Assembly bill, A. 10216. I acknowledge that you have already forwarded the home rule message for the companion bill in the Senate. The forms to be completed for the Assembly bill were forwarded to you from this office last week. Please return the completed forms,~to the Assembly Home Rule Office as expedi~6~ly as possible. .//S~~ince/~,/ M~mber of Assembly JLB :we JUDITIt T, TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 5309'6 Main Road P.O. Box 728 Southold,~New York[11971 * TELEPHONE (516) 765-1801 May 20, 1982 Home Rule Counsel Assembly Post Office The Capitol Albany, New York 12224 Dear Sir: Transmitted herewith is Home Rule Request for the enactment of Assembly bill No. 10216, as approved by the Southold Town Board at a regular meeting hel~:y on May 18, 1982. Very truly yours, :rs, Judith T. Terry -y Southold Town Clerk 21erk Enclosures (4) !/' 2!\ / ' '-'" JOHN L. BEHAN UAY 0 5 1982 THE ASSEMBLY STATE OF NEW YORK ALBANY May 3, 1982 Ms. Judith T. Terry Clerk Town of Southold Town Hall Main Road Southold, New York 11971 Dear Judith: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act on them. A. 10216 is such a bill. I respectfully request that your office complete the enclosed forms and return them to the Home Rule Office per the instructions. Thank you for your assistance in this matter. · / in rel JOHN L. BEHA_N Member of Assembly JLB:we Enclosure 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 .................................. ~_.w~J._ ................................... o! x~l~g bill(No..._10.216 .... ), .................. 'Sg-~' ~-d~name) ............................ requests the enactment of Assembly 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" estabIish 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 malority of the total membership of the local legislative body. (See paragraph A below) {j~] The local legislative body of sucli local government, at 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 exeeuuve 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 membershil: 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) ..................................................................... Date: .......................... , 19 .......... CLERK'S CERTIFICATION _ I, ._: ........ J.~di~ h._T.___Terr_y .................. do hereby certify that I am Clerk of the ................................. ._ ........................... To.wn..Boa. r d_ .......................... of the ........... T.o._w_ !1_ .................................................. of .............. 8.ou-tho.-Ld. .........: .................................. and that on thc 18Eh ......... day of ___~a.~V ................... two-thirds 19_.~_~ .....such i~]hitiv~, body, at leastn2g.~xOf the total membership having voted in favor thereof, approve~/tbe forego, fig r~qu~ t~ ~ '<- % - ,-Tudith._T.__~e~r_y ........................ Date: ........_:_ _M_g.Z ....3.._8..__: f____, 19__8_._2___._ 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 mast 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 for the Assembly bill. 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 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: Chief 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, ~ounties (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) JUDITll T. TERRY To~ CLERK REGISTRAROt VITALSI YIISI'IC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 April 22, 1982 Honorable John L. Behan New York State Assemblyman Room 523 Legislatiye Office Building Albany, New Yo~k 12224 Dear John: The Southold Town Board is anxious to finalize the situation concerning the late Melville Kelsey, Assessor for the Town of Southold who was inadvertently left out of the State Retirement System. They recently adopted a Home Rule Request before the Senate - bill 249-C, and wish to know what is the status of a similar Assembly bill. / Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL SI -:1 rSHCS OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 April 22, 1982 Honorable Kenneth P. LaValle New York State Senator Senate Chambers The Capitol s Albany, New York 12224 Dear Senator LaValle: Transmitted herewith is executed Home Rule Request from the Southold Town Board concerning the enactment of Senate bill No. 249-C, 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 r~quest for retroactive membership with the state comptroller". Very truly yours, Judith T. Terry Southold Town Clerk Enclosure IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE tlOME RULE REQLTEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution, the ........ Town ................................................................ of Senate ......... So. uthold ........................................ ~.am~) requests the enactment of~sj.~.bill(No..249----C. ), entitled" All ACT Vo allow persons ~ public'employment on August sixteenth, nineteen hundred seventy-three or their executor, adm/nistrator 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 approprxate 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) READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by a majortty 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 tile 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 woros "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) ............................................................ Date: ............................. , 19 .......... CLERK'S CERTIFICATION I ......._J_~d.~-~h___.~, _.?..e_~?.y_ .................... do hereby certify that I am Clerk of the.._ .~.o___w_._f!._...._l~_._~.d.._ Town ........................................................................... of the ...................................................... ....... (county, city. town orvillage)- - of ................... .~QU-.~.I3Q~-._d_ .................................... and that on the ~.O__t_h_ ......... day of Apr~ 1 2 '~-~:~ two-thirds 19.8 ..... , such legislative body, at least~tr~ of the total membership having voted in favor thereof, approved the~foregoing request. (strik¢outon~) '- t 'g ....... Jucl i.t h ...T...__Ter ~e y ................... Date: . ,Ap_r_~_!._2__.O__ ....... ::~, 19_..8__2_._.. 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 :o~2~-,:~f: '- be filed,'i.e., two with the Senate anal two with- the Assembly for 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 canno.t 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 cot?oily 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'~ent 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: ChieI executive officer. In the case o1 a county, the elective or appointive chief ~xecutive officer, if there be one, or otherwise the chairman of the board of supervisors; in the case o1 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 (~r body vested by state statute, charter or other [aw with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government· A county, city, town or village (Coast. 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) RECEIVED. TH£ SE N.~TE: STATE OF NEW YORK APR 1 2 J82 Town Clerk April 7, 1982 Judith T. Terry, Town Clerk Town of Southold Main Road Southold, New York 11971 Dear Judy: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate bill 249-C 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, lle Ri~L: jc Eries. " STATE OF NEW YORK' ' · 249 -- C 1981-Z98~ Re(ula~ Sessions IN SENATE Introduced by Sen. l~VALLE--yo&d twice and o~de~ed p~lnted, and when p~lnted to be coemitted tO the Committee on Civil Service and In accordance with Sen&Se Rule 6, sec. 8--couittee diech&~Eed, bill ~v. do enact as follows~ Section 1. Notwithstanding any othe~ p~ovision of law to the contrary, &ny p~·on who was employed on August sixteenth, nineteen hundred 3 seventy-three by the State o~ New Yo~k o~ by ·n employe~ who pa~tic~- 4 pates in the Hew Yo~k state e~ployees' ~otl~ement system, who vas actu- 5 ally on the payroll of such employo~ on August sixteenth, nineteen hun- d~ed seventy-th~ee se~vln[ as & town &;sesso~, and who, fo? ~easons not ? asc?lbable to hie own negligence, wa~ not a membe~ of such system on Au- 8 ~wst elxteenth, nineteen hundred s~venty-th~ee, ma~ be deemed to have 9 become a mombo? of such system on August sixteenth, nineteen hundred seventy-thYee If on o~ be£o?e Decembe~ thirty-fl,·t, nineteen .bund?ed eiGhty-two, such pe?·on, his exocuto~,~&dminl·t?ato~ o~ peasen&! ~ep?o- sentative ·hall file with tho ut·to co~pt~olle~ · w~/tten ?equest to 13 that effect. 14 ~.2. This act Shall take effect immediately. ~PLAHATlON--~l&tte~ in Italics (underscored) is new; m&tte~ In b~acket· [ ] Is old law to be omitted. LBD2-34-37-69~C [~ill Nu,;~!~wr: Assembl'y 'ritle o!~H!!: AN ACT to allow persona; in public: employment cm.Augu~;~ ninteen i'~::~l;~red ~evc, i~L:y--Lhrec~ who di,'J no~ fi].:: a ~e:~bers:~ip tion with the New York state employees' retirement.system to tile s~a~c comptroller. request for retroactive membership with the .... "'. To allow per'sons 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 Syshem. to become a member of such system on that date if.befQre Deqember'31, 1980, such person shall file with State Comp%roller a written ·request to that effect. Summary of SpeclficProvisions:- '' · Speciak'act to allow ~ person serving as a Town Assessor on August 16, 1973, to become a' member of the State Retirement System as of that date.· ~ ~ffects of Present Law Which This Bill wou!d ;dtt'r: NONE. Jus'.fflc._',t~o~,: On August 16, 1~73~ blci,;ille Kal[;ey bec:~-~me an as~;essor ~o:~". th.z- Town of Southold. At ~hat 'time he was inadvertently left out of the State Retirement System through no fault of his o%,;n. 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 o~% the date his emplo}m]eo~' begs.--;. ~his ]'.et. iisi. e- tlon has the support of the Town of Southold. f'rior Le.qisl':'~.:ive History: ~ZONE. isc;,l Im;,:ic;,;ions for S[~:~e and Local Governments: To be determined. ;fcctiv? 13:~r: Immediately.