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.