HomeMy WebLinkAboutEmployees Retirement SystemJUDITII T. TERRY
TO',VN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 1 I971
TELEPHONE
(516) '/65-1801
January 20~ 1983
Honorable Kenneth P. LaValle
New York State Senator
Senate Chambers
The Capitol
Albany, New York 12224
Dear Senator LaValle:
Transmitted herewith is Senate bill No. 638,
which was authorized by the Southold Town Board at
a regular meeting held on January 18, 1983.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
IMPORTANT: READ INSTRUCTIOHS OH 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 ................................. ~ ..................................... of
............................................ Senate
,~::aJ.~'lold(.ame~ ...................... requests the enactment of . ,, )bill(No.~ 638 ................ ),
entitled"
AN ACT to allow persons /n public ~t~loyment on August sixteenth,
nineteen hundred seventy-three or t_beJr executor, administrator
or personal representative ~ho did not file a membership application
with the New York state e~ployees4 retir~nt syst~n to file a
request for retroactive m~mbership with the state c~t~troller.
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
e~tablishing 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 fo/lowing "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)
READ BEFORE SIGNING
A. If thc request is madc by thc 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)
Date: ........................... , 19 .........
CLERK'S CERTIFICATION
I ...... ~Illd. i.th.._T.._.Te~I:~'_ ................ i ...... do hereby certify that ! am Clerk of the ..................................
..................... -Town--Board ................................. of the ............. _Town .............................................
of .................. 80 tit ho 1 d ................................. and that on the ... _1. 8_t.;? ...... day of .......... .J_g .n_._q_a_.r_.y .......
1983 ..... such legislative body,
approved the !Qre~oi~.request.
........ -r:-"r:'-:'-T-'""T; .......
at least atw°~th!rds
19_.._83__
of the total membership having voted in favor thereof,
Copies required:
INSTRUCTIONS
Two signed copies of this form. specifying the final bill number and title must be filed with each House
of the Legislature.
Exatnples:
(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 intzc, duced 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 th~ same
' for the Asseml~ly bill. ~ .............
: ...... ' ........................... : .... '-. '. :5 .~'
Date of request: .........
Thc 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
~igned or the resolution adopted the same day as the date of introduction.
Amemled 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: To the/lsseznbly:
Home Rule Counsel Home Rule Counsel
~ Senate Post Office Assembly PosiOffice
The Capitol The Capitol
Albany. N. Y. 12224 Albany, N. Y. 12224
Definition of terms:
Chie! executive o~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 i~
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, bi~ard
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 thos~
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)
THE SENATE
STATE Of NEW YORK
January 10, 1983
Mrs. Judith T. Terry
Town Clerk
Town of Southold
Main Street
Southold, New York 11971
De~r Mrs. Terry:
Constitutional provisions mandate that certain bills
require a Home Rule Request before the Legislature
can act upon th~u. Senate bill 638 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,
P. LaValle
jc
STATE OF NEW YORK
[983-X984 Re§ular Sessions
IN SENATE
(Preftled~
January 5, 1985
Introduced by Sen. LAVALLE--read twice and ordered printed, and when
printed to be commit%ed to the Co~lttee on Civil Service and Pensions
AN ACT to ALLOw persons l.n public employment on Au§ust sixteenth,
nineteen hundred seventy-three or their executo~, admtinlstrato~ or
personal ~epresentatlve who did not file a membership application with
the New York state employees' ~e%lrement system to file a ~eques% for
· et~oastlve membe~ship with the state comptroller
The Peoole of the State of New York. ~ep~esented in Senate and Assem-
bly. do enact as follows:
Section ~. Notwithstanding any othe~ p~ovislon of law to the contrary,
any pe~son who was employed on Au[est sixteenth, nineteen hundred
$ seventy-three by the State of New Yo~k o~ by an employer who partlci-
4 pates in the New York state employees' ~etirement system, who was acre-
5 ally on the payroLL of such employeY on AuSust sixteenth, nineteen hun-
$ dred seventy-three serving as a town assessor, and who, for reasons not
? ascribable to his own negligence, wes hq% a member Of such system on Au-
8 gust sixteenth, nineteen hundred seventy-three, may be deemed to have
9 become & membe~ of such system ~n August sixteen%h, nineteen hundred
lO seventy-three if on o~ before Decembe~ thirty-first, nineteen hundred
p~esentative ~h&lL file with the state cemptrolle~ a written request to
13 that effect.
14 § 2. This act shall take effect l~,ediat61y.
PISCAL NOTE.--This bill would backdate the date of membe~ship for one
It is estimated that this would cost approximately $19,000, to be
borne by the State of New York and all pa~ticipa%ln~ employe~s in the
New York State EmpLoyees' Retirement System and would be spread ove~ the
future wo~kln~ Lifetimes of current members.
EXPLAt~TION--Mat%e~ in italics (underscored) is new; matter in brackets
£ ] is old law to be omitted.
LBDO$963-Ol-$
Sr.al. S.638 .~
i[l'_-o[ ..... :;,u- . AN t:c't' to allot.: person.=: in pub!it: ;.::?lr,ymc;,t:. _ or,- '- ~ -,s"',':':.c.~,...,,,-:-:-
ri[nEet-;': " : - ', .... - -I
:ion ,.-:iCh thc: i'!e~; York state e,,.p]c.5 ..... ' rct/remcnt..t;y.<te,-~ to
request for retroactive m_%nb~rship %eith /i~e ,;"'" ·
urpos%' or General Ichri~ et Bill: '
To allot.~ per'sons employed on the sixkeeuth Of Attgu~L 1D'/:{ by
· State of New York or'"by an eraployer %.;ho partS cipa~es;.itt thc New York
State Retirement System. to become a member of such sy~;tem on thltk
date if..befQre DeQqmber 31, 1980, such person shall file %~ith
Stake Comptroller a vtritten.reques~ to that effect.
ummary of Speci[ic Provisions: - '
-. .Special'act to allow ~ perso~ serving as .~ Town Assesso~
Au~psk 16, 1973, to become a' member of' the St~tte' Retirement Sys~er~
as of that date... .. : = .
ffects of Present Law ~,:-h.~ch This [~ill ,.'.'otdc! Alter:
oL
0:'~ August 16, 1973, ~'-iuI,.'ille Kelsey became ar: assessor ~or. th~:
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, ~-Ir. Kelsey's potential'pension~enefits are directly
affected. This legislation would allow Mr, Kelsey to receive full-
pension benefits he would be entiEled to if he had been included in
the ~ension system o;'~ the date. h3. s emplo.%m~nt )>ec..ri..r.:.. ?his ~.egis!a-
:ion has the support of the Tot-ir: of Sou:hold-
Lt-.t, sfa.'.ive His:ory:
,;O..E.
To be dot. ermine¢'~.
~ mined ii: t:~: 1 y.
JUDITII T. TERRY
TOX~ CLERK
REGISTRAROI VITALS1%IISIICS
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPIt ONE
(516) 765-1801
March 9,~ 1983
Honorable Joseph Sawicki, Jr.
New York State Assemblyman
Room 921
Legislative Office Building
Albany, New York 12248
Dear Joe:
Transmitted herewith for your attention is Assembly
bill no. 2451 which was approved by the Southold Town
Board at a regular meeting held on March 8, 1983.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosure
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
-HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To 4he Legislature:
Pursuant to Article IX of the Constitution, the Towrl of
Southold : ........ i requests the enactment of ~ bill(No. 24_51 ............... ),
................................ i~;;;]' ...................._ Assembly
entitled" bZq ACt to allow persons xn public employment on August sixteenth,
nineteen hundred sevent2z-three or their executor, administrator or
personal representative who did not file a m-_mbership application with
the New York state employes' retirement systera to file a request for
retroactive membership with the state cut~troller
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 leg~slatmn by
[] Other fa~ts, as set forth in the following "E~planation" establish such
'.'.' .:: EXPLANATION, ;";
(If space bel ; 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 ldcal legislative body of such local government, at ]east two-thirds of the total membership
having voted in favor of such request. /See paragraph B below) -
READ BEFORE SIGNING q?./ .:' ~4.,%,
A. If the request is made by the chief executive office~r and concurred in by a majority of the total n~em-~
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 bod~, at least tw6-thirds of the total membemhig 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 ', ~;
--' -'t~)gneaJ ............. 2_~2 ............................................
Date: ........................... 19. '- '
· CLERK'S CERTIFICATION
I, _ .Judith T_._.___T_er___r_~_.:L.:___kk:__, do hereby certify that I am Clerk of the ............. :._:2_: ........... 2.'
Town Board ',/,~:~ of the Town
of ' .......... SOlltholl::L~,:_~.,: ....... '.._L.. ........ and that on thc __.'_} ....... 8.th day
19_ 83-- , such.leg~slat)ve' body, a leasta }fil~ of the total membership having voted in favor thereof,
approved the request..." ~'. )strike out one)
form must.be filed, x.e., two with the Senate and two w~ the Assemblyc.~ ./~! i:'
If the identical bill has been introduced in both HouSes ~ eight c0p~es of the request form must
i?.; tw6 With ~he senat~ and two with 'th~ A~iemblY fOr ~he Senate bill and tile same
stgnmg ~ , home rule request' Or , ,f
, r~qU~t ~'~gi' p;ecede' th; d~ On which the bill i~ a~t~I: ~t;0duCe~ i'n, th~ Legislature. In th,e case
of prefil~d biiiS~ th~ ~fihaal dat~ of inh-oducti0n is the fi~:st 'segsi0m The' request may be:',
and the '
of and the date of
In the cas~ of a county, the
appointive chief executive officer, if there be one. or otherwise
th~ case of a town, the ., .,: .
£o~al legislative body.'
The board of supe~isors, board of aldermeu, common council, council, commission, town board, board
of trustees or other eleciJve 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):;'
whony ',included within a city) cities, towns or villages. (~?~.nst. Art. ~ §3;~ ~M'.~!clpal Home Rule Law §2)
~ ,, , .~, ..... .. ~, ~.~ ,~.,,!~- .v.~, ,, · -: ? ;~ ,?~t ,~{~'~',~,.,?,~7~~ [ ~ ', ~
The total voting power of a legislative body. (Municipal
JOSEPH SAWICKI, JR.
1st Assembly District
Suffolk County
Please Reply to:
Room 921
Legislative Office Building
Albany, New York 12248 _
(516) 455-4804
DISTRICT OFFIC~
PO. Box 1060
206 Griffing Avenue
Riverhead, New York 11901
(516) 727-1363
tHE ASSEMBLy
STATE OF NEW YORK
ALBANY
February 15, 1983
COMMITTEES:
agihg
Agriculture
Housing
Mrs. Judith T. Terry
Town Clerk
Town of Southold
Main Street
Southold, New York 11971
Constitutional provisions mandate that certain bills re-
quire a Hc~ne Rule Request before the Legislature can act upon thema.
Assembly bill 2451 ccmes undPr this requirement.
I respectfully request that your office cc~plete the
enclosed forms and return th~n to us as soon as possible.
I am
Thanking you for your kind consideration and attention,
enclosures
H SAWICKI, JR.
r of the Assembly
STATE OF NEW-YORK.
2451
1983-1984 Re~ula~ Sessions
IN ASSEMBLY
,7anuary 26,
~N ACT to allow peesons 'in public employment on August sixteenth,
'nineteen hundred seventy-three or theie executor, achuinlstra%oe or
personal representative who did not file & membership application with
the New York state employees' retirement system to file a esquest for
.retroactive membership With the state comptrolie~
Section 1. Notwl%hstandinE any othee provision of law to the contrary,
any person who was employed on AuEust sixteenth, nineteen hundred
seventy-three by the State of New York ce by an employer who paetici-
ally on the payrol~ of such employer on fluEust sixteenth, nineteen hun-
ascribable to his own neEligence, was hot a member of such syste~ on 2u-
gust sixteenth, nineteen hundred seventy-three, may be deemed to have
become a membe~ of such system on AuEust sixteenth, nineteen hundred
seventy-three if on o~ before Decembe~ thirty-first, nineteen hundred
eighty-three, such person, his executor~ administ~ator o~ personal ~e-
presen%a%lve shall ~lle with the state comptroller a written request to
that effect.
§ 2. This act shall take effect lnu~ediately.
FISCAL ROTE. -- This bill would backdate the date of membership foe
one member~ thereby granting him Tier 2 membership ~ather than Tier 3.
~t is estimated that this would cost approximately $19,00C, to be
borne bY the State of New York and all participatin~ employers in the
This estimate, intended for use only du~lng the 1982 Lesislative Ses-
slon~"Flscal Rote ~o. 82-9~. dated ~ay 27, 1982, prepared by the ~ctu-
ary for the New ~qrk State Employees' Retirement S~stem.
EXPLANAT~ON--Hatte~ in [telics (underscoeed) l= new; matter in brackets
£ ] is old law to be omitted.
LBD03963-O~-3
ONEW YORK STATI: ASSEMBLY ·
MEMORANDUM IN'SUPPORT OF LEGISLATION
submitted in accordan~:e with Assembly Rule II1o § 1 {el
Bill Number: Assembly 2451
Sponsors: Members of Assembly:
Senators:
Senate '638
[] Memo on original draft of bill
[] Memo on amended bill
JOSEPH SAWICKI, JR.
KENNETH P. LA V'~T.T,'~.
Introduced at the request of
Titleof Bill: AN ACT to allow persons in public employment on August sixteenth, nineteen
hundred seventy-three who did not file a m~bership application with the
New York state employees' retirement system to file a request for retroactive
m~mbership with the state co'L~troller.
Purpose or General Idea of Bill:
To allow persons a~ployed on the sixteenth of August 1973 by the State of
New York or by an employer who participates in the New York State P~tirement
System to become a member of such system on that date if before December 31,
1980, such person shall file with the State C~,~troller a written request
to that effect.
Summary of Specific Provisions:
Special act to allow a person serving as a Town Assessor on August 16, 1973
to become a member of the State P~tirement System as of that date.
Effects of Present Law which This Bill would Alter:
,Justification: On August 16, 1973, Melville Kelsey became an assessor for the Town of
Southold. At that time he was inadvertently left out of the State P~tirement
System through no fault of his'own. Because of this error, Mr. Kelsey's
potential pension benefits are directly affected. This legislation would all~
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 ~nployment began. This
legislation has the support of the Town of Southold.
: riot Legislative History:
NONE
Fiscal Implications for State and Local Governments:
TO be det.e, rmined
Effective Date:
~IATELY