Bill Text: NY A02765 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a retired employee health insurance premium reserve fund for the town of Saranac to cover retired town employee health insurance premiums, to stabilize the tax rate, and to ensure transparency for the taxpayers and elected officials.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A02765 Detail]

Download: New_York-2023-A02765-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2765

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Governmental Employees

        AN ACT to amend the general municipal law, in relation to establishing a
          retired employee health insurance premium reserve fund for the town of
          Saranac

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  general  municipal  law  is  amended by adding a new
     2  section 6-w to read as follows:
     3    § 6-w. Retired employee health insurance premium reserve fund for  the
     4  town of Saranac. 1. As used in this section:
     5    a. "Governing board" means the governing board of the town of Saranac,
     6  county of Clinton.
     7    b.  "Reserve fund" means the retired employee health insurance premium
     8  reserve fund.
     9    2. Notwithstanding any other provision of law  to  the  contrary,  the
    10  governing board of the town of Saranac, county of Clinton, may establish
    11  a retired employee health insurance premium reserve fund for the purpose
    12  of covering retired town employee health insurance premiums, stabilizing
    13  the  tax  rate,  and ensuring transparency for the taxpayers and elected
    14  officials. There may be paid into such reserve fund:
    15    a. such amounts as may be provided therefor by budgetary appropriation
    16  or raised by tax therefor;
    17    b. such revenues as are not required by law to be paid into any  other
    18  fund or account;
    19    c. such other funds as may be legally appropriated; and
    20    d.  notwithstanding  any  law  to the contrary, such amounts as may be
    21  transferred from a reserve fund established pursuant to  section  six-n,
    22  six-p, or six-r of this article comprised of moneys raised from the same
    23  tax  base  as  the  moneys  in the reserve fund, provided, that any such
    24  transfer shall only be made by resolution of the governing board after a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07311-01-3

        A. 2765                             2

     1  public hearing held on at least fifteen days prior published  notice  in
     2  the  official  newspaper  of  the town of Saranac, if such town does not
     3  have an official newspaper, in at least  one  newspaper  having  general
     4  circulation in such town.
     5    3.  The  moneys  in the reserve fund shall be deposited and secured in
     6  the manner provided by section ten of this article. The governing board,
     7  or the chief fiscal officer thereof if the governing board  shall  dele-
     8  gate  such duty to him or her, may invest the moneys in such fund in the
     9  manner provided by section eleven of this article. Any  interest  earned
    10  or  capital  gain  realized  on the money so deposited or invested shall
    11  accrue to and become part of such fund.
    12    4. The governing board by resolution may authorize  expenditures  from
    13  the  reserve fund.   Except as otherwise provided by law, moneys in such
    14  reserve fund may only be expended to finance health  insurance  premiums
    15  for retired town employees.
    16    5.  The  governing board by resolution may authorize the transfer of a
    17  portion of the moneys in the reserve fund to a reserve fund of the  town
    18  of  Saranac  established  pursuant  to section six-n, six-p, or six-r of
    19  this article comprised of moneys raised from the same tax  base  as  the
    20  moneys  in the reserve fund, provided, that any such transfer shall only
    21  be made by resolution of the governing  board  adopted  after  a  public
    22  hearing  held  on  at  least  fifteen days prior published notice in the
    23  official newspaper of the town of Saranac, if such town does not have an
    24  official newspaper, in at least one newspaper having general circulation
    25  in such town.
    26    6. The chief fiscal officer of the town of Saranac shall  account  for
    27  the  reserve  fund separate and apart from all other funds of such town.
    28  Such accounting shall show: the source, date and amount of each sum paid
    29  into the fund; the interest earned by such fund; capital gains or losses
    30  resulting from the sale of investments of this fund; the order,  purpose
    31  thereof,  date  and amount of each payment from this fund; the assets of
    32  the fund, indicating cash balance and a  schedule  of  investments.  The
    33  chief  fiscal officer, within sixty days of the end of each fiscal year,
    34  shall furnish a detailed report of the operation and condition  of  this
    35  fund to the governing board.
    36    7.  The members of the governing board are hereby declared trustees of
    37  the reserve fund and shall be subject to all the duties and responsibil-
    38  ities imposed by law on trustees, and such duties  and  responsibilities
    39  may  be  enforced  by the town of Saranac, as the case may be, or by any
    40  board, commission, agency, officer or taxpayer thereof.
    41    8. No member of the governing board shall:
    42    a. authorize a withdrawal from a retirement contribution reserve  fund
    43  for any purpose except as provided in this section; or
    44    b.  expend any money withdrawn from such fund for a purpose other than
    45  as provided in this section.
    46    Any member of the governing board who violates the provisions of  this
    47  subdivision shall be guilty of a misdemeanor.
    48    9.  The  governing  board by resolution may determine that the reserve
    49  fund is no longer needed and terminate such fund. Such resolution  shall
    50  transfer  any moneys remaining in such fund to one or more reserve funds
    51  of the town of Saranac established pursuant to section six-n, six-p,  or
    52  six-r  of this article comprised of moneys raised from the same tax base
    53  as the moneys in the reserve fund.
    54    § 2. This act shall take effect immediately.
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