Bill Text: NY A06100 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates other post-employment benefit reserve funds; defines terms.

Spectrum: Slight Partisan Bill (Democrat 17-9)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A06100 Detail]

Download: New_York-2019-A06100-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6100
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
                                       ___________
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on Education
        AN  ACT  to  amend  the  general municipal law and the education law, in
          relation to the creation and funding of other post-employment  benefit
          reserve funds; and to repeal certain provisions of the general munici-
          pal law relating thereto
          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-v to read as follows:
     3    § 6-v. Other post-employment benefit reserve funds. 1. As used in this
     4  section:
     5    (a)  "Municipal  corporation" means a school district (except a school
     6  district in a city with a population of one hundred twenty-five thousand
     7  or more) or a board of cooperative educational services.
     8    (b) "Other post-employment benefit" means any  benefit  other  than  a
     9  pension  benefit  that a municipal corporation is obligated by contract,
    10  local law, or statute to pay to, or  on  behalf  of,  an  individual  on
    11  account  of  that  individual's prior employment by the municipal corpo-
    12  ration, including post-employment healthcare benefits, regardless of the
    13  type of plan that provides them, but excluding termination benefits such
    14  as those described in section six-p of this article.
    15    (c) "Participating employer" means a participating employer as defined
    16  in subdivision twenty of section two of the retirement and social  secu-
    17  rity  law  or in subdivision twenty of section three hundred two of such
    18  law.
    19    2. The governing board of any municipal corporation which  is  also  a
    20  participating  employer  may  establish by resolution a reserve fund for
    21  the purpose of financing other post-employment benefits.
    22    3. There may be paid  into  another  post-employment  benefit  reserve
    23  fund:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10209-01-9

        A. 6100                             2
     1    (a)  Such  amounts  as may be provided therefor by budgetary appropri-
     2  ation or raised by tax therefor;
     3    (b) Such revenues as are not required by law to be paid into any other
     4  fund or account;
     5    (c) Such other funds as may be legally appropriated; and
     6    (d)  Notwithstanding  any  law to the contrary, such amounts as may be
     7  transferred from a reserve fund established pursuant to  section  six-c,
     8  six-d,  six-e,  six-f,  six-g,  six-m,  six-n,  or six-p of this article
     9  comprised of moneys raised from the same tax base as the moneys  in  the
    10  other  post-employment  benefit  reserve  fund, or a reserve fund estab-
    11  lished pursuant to section thirty-six hundred fifty-one of the education
    12  law, provided, that any such transfer shall only be made  by  resolution
    13  of  the  governing  board  of such municipal corporation adopted after a
    14  public hearing held on at least fifteen days prior published  notice  in
    15  the  official newspaper of the municipal corporation  or, if the munici-
    16  pal corporation does not have an official newspaper,  in  at  least  one
    17  newspaper having general circulation in the municipal corporation.
    18    4. The moneys in another post-employment benefit reserve fund shall be
    19  deposited  and  secured  in  the  manner provided by section ten of this
    20  article, the governing board of such municipal corporation, or the chief
    21  fiscal officer thereof if the governing board shall delegate  such  duty
    22  to him or her, may invest the moneys in such fund in the manner provided
    23  by  section  eleven of this article, any interest earned or capital gain
    24  realized on the money so deposited  or  invested  shall  accrue  to  and
    25  become part of such fund.
    26    5. The governing board of such municipal corporation by resolution may
    27  authorize expenditures from another post-employment benefit reserve fund
    28  except  as  otherwise provided by law, moneys in another post-employment
    29  benefit reserve fund may only be expended to finance other  post-employ-
    30  ment benefits.
    31    6. The governing board of such municipal corporation by resolution may
    32  authorize  the  transfer  of a portion of the moneys in another post-em-
    33  ployment benefit reserve fund to a reserve fund of the municipal  corpo-
    34  ration  established  pursuant  to  section  six-c,  six-d, six-e, six-f,
    35  six-g, six-m, six-n, or six-p of this article comprised of moneys raised
    36  from the same tax base as the  moneys  in  the  retirement  contribution
    37  reserve  funds,  or a reserve fund established pursuant to section thir-
    38  ty-six hundred fifty-one of the education law, provided, that  any  such
    39  transfer shall only be made by resolution of the governing board of such
    40  municipal  corporation  adopted  after a public hearing held on at least
    41  fifteen days prior published notice in the  official  newspaper  of  the
    42  municipal  corporation or, if the municipal corporation does not have an
    43  official newspaper, in at least one newspaper having general circulation
    44  in the municipal corporation.
    45    7. The chief  fiscal  officer  of  such  municipal  corporation  shall
    46  account  for  another  post-employment benefit reserve fund separate and
    47  apart from all other funds of the municipal corporation such  accounting
    48  shall  show: the source, date and amount of each sum paid into the fund;
    49  the interest earned by such fund; capital gains or losses resulting from
    50  the sale of investments of this fund; the order, purpose  thereof,  date
    51  and amount of each payment from such fund; the assets of the fund, indi-
    52  cating cash balance and a schedule of investments.
    53    The  chief fiscal officer, within sixty days of the end of each fiscal
    54  year, shall furnish a detailed report of the operation and condition  of
    55  this fund to the governing board.

        A. 6100                             3
     1    8.  No  member  of  the  governing board of such municipal corporation
     2  shall:
     3    (a)  Authorize  a  withdrawal  from  another  post-employment  benefit
     4  reserve fund for any purpose except as provided in this section; or
     5    (b) Expend any money withdrawn from such fund for a purpose other than
     6  as provided in this section.
     7    9. The governing board of such municipal corporation by resolution may
     8  determine that an other post-employment benefit reserve fund is no long-
     9  er needed and terminate the fund. Such  resolution  shall  transfer  any
    10  moneys remaining in such fund to one or more reserve funds of the munic-
    11  ipal  corporation  established  pursuant to section six-c, six-d, six-e,
    12  six-f, six-g, six-m, six-n, or six-p of this article comprised of moneys
    13  raised from the same tax base as the moneys in the other post-employment
    14  benefit reserve fund, or one or more reserve funds established  pursuant
    15  to section thirty-six hundred fifty-one of the education law.
    16    §  2.  Notwithstanding  any other provision of law, within 180 days of
    17  the effective date of this act, a municipal corporation  may  by  resol-
    18  ution  transfer  into  another  post-employment  benefits  reserve  fund
    19  created in accordance with section 6-v of the general municipal law  any
    20  funds previously committed or assigned by that municipal corporation for
    21  the  purpose  of  paying  other  post-employment  benefits as defined in
    22  section 6-v of the general municipal law, regardless of how those  funds
    23  have been designated.
    24    §  3.  Subdivisions  10 and 11 of section 6-p of the general municipal
    25  law are REPEALED.
    26    § 4. Paragraph b of subdivision 5 of section  1950  of  the  education
    27  law,  as  amended by chapter 296 of the laws of 2016, is amended to read
    28  as follows:
    29    b. The cost of services herein referred to shall be the  amount  allo-
    30  cated  to  each  component  school  district by the board of cooperative
    31  educational  services  to  defray  expenses  of  such  board,  including
    32  approved  expenses from the testing of potable water systems of occupied
    33  school buildings under the board's jurisdiction as required pursuant  to
    34  section  eleven  hundred  ten of the public health law, except that that
    35  part of the salary paid any teacher, supervisor or other employee of the
    36  board of cooperative educational services which is in excess  of  thirty
    37  thousand  dollars shall not be such an approved expense, and except also
    38  that administrative and clerical expenses shall not exceed  ten  percent
    39  of  the  total  expenses  for  purposes  of this computation. Any gifts,
    40  donations or interest earned by the  board  of  cooperative  educational
    41  services  or  on behalf of the board of cooperative educational services
    42  by the dormitory authority or any other source shall not be deducted  in
    43  determining  the  cost  of  services  allocated to each component school
    44  district. [Any payments made to a component school district by the board
    45  of cooperative educational services pursuant to  subdivision  eleven  of
    46  section  six-p  of the general municipal law attributable to an approved
    47  cost of service computed pursuant to this subdivision shall be  deducted
    48  from  the cost of services allocated to such component school district.]
    49  The expense of transportation  provided  by  the  board  of  cooperative
    50  educational services pursuant to paragraph q of subdivision four of this
    51  section  shall  be  eligible for aid apportioned pursuant to subdivision
    52  seven of section thirty-six hundred two of this chapter and no board  of
    53  cooperative  educational  services  transportation  expense  shall be an
    54  approved cost of services for the computation of aid under this subdivi-
    55  sion. Transportation expense pursuant to paragraph q of subdivision four

        A. 6100                             4
     1  of this section shall be included in the computation of the ten  percent
     2  limitation on administrative and clerical expenses.
     3    § 5. This act shall take effect immediately.
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