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CHAPTER 634

AN ACT to amend the public authorities law, in relation to the use of moneys received by the city of Buffalo in consideration for transfer of the water system of the city to the Buffalo water board

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Subdivision 2 of section 1048-h of the public authorities law, as added by chapter 796 of the laws of 1985, is amended to read as follows:

2. Any such agreement shall set forth the liabilities of the city which it is contemplated are to be paid by the water board from moneys available to it; provided, however, that such agreement does not require the water board to assume the liabilities of the city; provided further, notwithstanding the foregoing, the city shall continue to be the record owner for real estate tax purposes of any facilities located outside of its municipal boundaries. Notwithstanding the provisions of any general, special or local law or charter to the contrary, any moneys received by the city in consideration for the transfer of such water system to the water board may be deposited in the general fund of the city and used for any lawful city purpose.

§ 2. This act shall take effect immediately.

CHAPTER 635

AN ACT to amend the executive law, in relation to information on status of veterans receiving assistance

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1.

Section 354-a of the executive law, as added by a chapter of the laws of 1992, amending the executive law relating to information on status of veterans receiving assistance, as proposed in legislative bills numbers A. 6776-A, S. 4159-A, is amended to read as follows:

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§ 354-a. Information on status of veterans receiving assistance. Departments, divisions, bureaus, boards, commissions and agencies of the state and political subdivisions thereof, which provide assistance, treatment, counseling, care, supervision or custody in service areas involving health, mental health, family services, criminal justice or employment, including but not limited to the division of alcoholism alcohol abuse, office of mental health, division of substance abuse services, division of probation and correctional alternatives, department of social services, department of health, department of labor, job training partnership' council, office of mental retardation and developmental disabilities, department of correctional services and division of parole, shall request assisted persons to provide information with regard to their veteran status and military experiences. Individuals identifying themselves as veterans shall be advised that the division of veterans' affairs and local veterans' service agencies established pursuant to section three hundred fifty-seven of this article provide as

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

sistance to veterans regarding benefits under federal and state law. Information regarding veterans status and military service provided by assisted persons solely to implement this section shall be protected as personal confidential information under article six-a of the public officers law against disclosure of confidential material, and used only to assist in the diagnosis, treatment, assessment and handling of the veteran's problems within the agency requesting such information and in referring the veteran to the division of veterans' affairs for information and assistance with regard to benefits and entitlements under federal and state law.

§ 2. This act shall take effect on the same date as a chapter of the laws of 1992, amending the executive law relating to information on status of veterans receiving assistance, as proposed in legislative bills numbers A. 6776-A, S. 4159-A, takes effect.

CHAPTER 636

(See FISCAL NOTE at end of Chapter.)

AN ACT in relation to providing for the determination of retirement service credit, contributions payable to and benefits payable by the New York city employees' retirement system, in the event that certain members of such retirement system are placed on furlough during the period commencing on January 1, 1992 and ending on June 30, 1992

Became a law July 24, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

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

Section 1. Notwithstanding any other provision of law to the contrary, in the event an employee of the city of New York who is a member of the New York city employees' retirement system is placed on furlough during the period commencing on January 1, 1992 and ending on June 30, 1992, then, for the purposes of determining employer and member contributions and for the purposes of determining eligibility for and the computation of all benefits administered by the New York City employees' retirement system, the employee's salary or wages, earned or earnable, and ment service credit shall be deemed to be the salary or wages and retirement service credit the employee would have earned or received in the absence of such furlough.

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§ 2. This act shall take effect immediately.

FISCAL NOTE. -This proposed legislation provides that certain employees of the New York City Department of Parks and Department of Transportation who are members of the New York City Employees' Retirement System ("NYCERS") and are furloughed during the period January 1, 1992 to June 30, 1992, will make required member contributions and will receive credit for service and salary as if they had not been furloughed.

Existing law and administrative procedures already provide that most Tier I and Tier II members of NYCERS are largely unaffected by short periods of approved absence, such as a furlough. However, Tier III and Tier IV members lose service credit for periods of absence.

Using the assumptions and methods described below, the enactment of this proposed legislation would increase the present value of employerprovided benefits by approximately $120,000. If funded through future normal contributions, the additional, first-year employer contribution would equal approximately $12,000.

However, the credited service reported in the census data used in the annual actuarial valuations of NYCERS is not generally precise enough to reflect minor changes in service credits for active members such as those provided in this proposed legislation. Consequently, the enactment

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of this proposed legislation would be unlikely to result in any additional, budgeted employer contributions during the next few fiscal years. Budgeted employer contributions would likely increase whenever actuarial valuations begin utilizing precise service credits, or when these active members retire and receive their exact calculated benefits. The actuarial present values of benefits are calculated as of June 30 1991 based on census data as of June 30, 1991 for Tier III and Tier IV "clerical" members of NYCERS, plus census information provided by District Council 37 that 1400 employees of the Department of Parks were furloughed for 5 days each and 985 employees of the Department of Transportation were furloughed for 16 days each.

Additional actuarial present values of benefits were estimated by assuming an average additional present value of benefits per employee per day of furlough consistent with that computed for existing Tier III and Tier IV "Clerical" members of NYCERS as of June 30, 1991.

This estimate is intended for use only during the 1992 Legislative Session. It is Fiscal Note No. 92-36, dated June 4, 1992, prepared by the Chief Actuary for the New York City Employees' Retirement System.

CHAPTER 637

(See FISCAL NOTE at end of Chapter.)

AN ACT to allow James R. Seery to change his date of membership in the
New York state and local employees' retirement system

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Notwithstanding any inconsistent provision of law, James R. Seery, an employee of the Baldwin Union Free School District, who, through clerical error and for reasons not ascribable to his own negligence is deemed to have joined the New York state and local employees' retirement system on July 30, 1976 and not on July 6, 1976 when he was eligible, shall be deemed to have joined such system as of July 6, 1976, or before December 31, 1992 he shall file a written request with the state comptroller to that effect. § 2. All costs associated with the operation of this act shall be borne by the Baldwin Union Free School District. § 3. This act shall take effect immediately.

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FISCAL NOTE. -This bill would deem James R. Seery, an employee of the Baldwin Union Free School District, to have become a member of the New York State and Local Employees' Retirement System on July 6, 1976 thereby granting him Tier 2 status.

If this bill is enacted, we anticipate that there will be an increase of approximately $1,300 in the annual contributions of the Baldwin Union Free School District for the fiscal year ending March 31, 1993. Further, as a percentage of pay, the increase in annual contributions payable for this benefit will eventually approach 4.3% of James R. Seery's annual salary.

In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $16,000 which would be borne by the Baldwin Union Free School District as a one-time payment. This estimate, dated April 6, 1992 and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-269 prepared by Actuary for the New York State and Local Employees' Retirement System.

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EXPLANATION-Matter in italics is new; matter in brackets [] is old law

CHAPTER 638

AN ACT to amend chapter 574 of the laws of 1986 amending the tax law, relating to authorizing the county of Allegany to increase the rate of sales and use taxes and to amend the tax law, in relation to the collection of sales and use taxes by the county of Allegany

Became a law July 24, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

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

Section 1. Section 1 of chapter 574 of the laws of 1986 amending the tax law, relating to authorizing the county of Allegany to increase the rate of sales and use taxes, as amended by chapter 262 of the laws of 1989, is amended to read as follows:

Section 1. Declaration of legislative finding and intent. It is hereby found that the county of Allegany faces a situation of fiscal adversity occasioned by the inability of its present revenue structure both to meet current statutory obligations and to continue to fund local programs.

The special taxing authority granted herein is necessary to enable the county of Allegany to obtain the funds required to provide essential services and adopt a balanced budget for [nineteen hundred ninety, nineteen hundred ninety-one and nineteen hundred ninety-two] 1993.

It is further found that it is desirable and appropriate for the legislature of the county of Allegany to report annually as to the fiscal and financial status of the county of Allegany, and those measures which have been taken or are deemed to assure the long-term fiscal stability of the county. Such report shall compare revenue estimates and appropriations as set forth in the budget enacted by the county legisla ture with the actual revenues and expenditures for the previous fiscal year, and shall set forth any actions which should be taken to resolve any significant variances including the overestimation of receipts and the underestimation of disbursements. Such report shall be submitted to the state comptroller, the director of the division of the budget, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee not later than the first day of March in the [years nineteen hundred ninety, nineteen hundred ninety-one and nineteen hundred ninety-two] year 1993.

§ 2. The opening paragraph of section 1210 of the tax law, as amended by chapter 2 of the laws of 1992, is amended to read as follows:

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Notwithstanding any other provision of law to the contrary, but subject to the limitations and exemptions in part II of this article, any city in this state or county in this state, except a county wholly within a city, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws, ordinances or resolutions imposing in any such city or county the following taxes the rate of one-half, one, one and one-half, two, two and one-half or three percent, provided, however, that for the period beginning June first, nineteen hundred seventy-four and ending June thirtieth, nineteen hundred seventy-five, any such city having a population of or more is hereby authorized and empowered to adopt and amend local laws imposing such taxes in any such city, at the rate of four percent and, provided further, however, that the county of Nassau is hereby further authorized and empowered to adopt and amend local laws imposing such taxes: (i) at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning June first, nineteen hundred eighty-three and ending December thirty-first, nineteen hundred eighty-five; and (ii) at a which is three-quarters percent additional to the three percent rate

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authorized above in this paragraph for such county for the period beginning January first, nineteen hundred eighty-six and ending December thirty-first, nineteen hundred ninety-three subject to the limitation set forth in section twelve hundred sixty-two-e of this chapter, and provided further, however, that the county of Nassau is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one-half percent additional to the three percent rate authorized above in this paragraph and which is additional to the three-quarters percent rate also authorized above in this paragraph for such county for the period beginning September first, nineteen hundred ninety-one and ending December thirty-first, nineteen hundred ninety-three, and provided further, however, that the county of Erie is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for: (i) the period beginning March first, nineteen hundred eighty-five and ending December thirty-first, nineteen hundred eighty-seven; and (ii) the period beginning January tenth, nineteen hundred eighty-eight and ending February twenty-eighth, nineteen hundred ninety-three and provided further, however, that the county of Cattaraugus is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning March first, nineteen hundred eighty-six and ending February twenty-eighth, nineteen hundred ninetyfour, and provided further, however, that the county of Allegany is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning, December first, nineteen hundred eighty-six and ending November thirtieth, nineteen hundred [ninety-two] ninety-three, and provided further, however, that the county of Suffolk is hereby further authorized and empowered to adopt and amend local laws or resolutions imposing such taxes at a rate which is one-half percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning September first, nineteen hundred ninety-one and ending December thirty-first, nineteen hundred ninety-three, and provided further, however, that the city of Yonkers is hereby further authorized and empowered to adopt and amend local laws imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such city (The maximum rate referred to in section twelve hundred twenty-four shall be calculated without reference to such one percent additional rate authorized for Yonkers and the counties of Erie, Cattaraugus and Allegany.), and provided further, however, that the city of Mount Vernon is hereby further authorized and empowered to adopt and amend local laws imposing such taxes at a rate which is one percent additional to the three percent rate authorized above in this paragraph for such city (The maximum rate referred to in section twelve hundred twenty-four shall be calculated without reference to such one percent additional rate authorized for Mount Vernon. ), and provided further, however, that the city of Rome is hereby further authorized and empowered to adopt and amend local laws, ordinances or resolutions imposing such taxes at a rate which is one-quarter percent additional to the three percent rate authorized above in this paragraph for such city for the period beginning September first, nineteen hundred ninety and ending August thirtyfirst, two thousand (The maximum rate referred to in section twelve hundred twenty-four shall be calculated without reference to such onequarter of one percent additional rate authorized for Rome. ), and provided further, however, that if the county of Dutchess, the county of Orange or the county of Rockland withdraws from the metropolitan Commuter transportation district pursuant to section twelve hundred seventy-nine-b of the public authorities law, such county is hereby authorized and empowered, in the alternative, to adopt and amend local laws, ordinances or resolutions imposing such taxes at the rate of onehalf, three-quarters, one, one and one-quarter, one and one-half, one and three-quarters, two, two and one-quarter, two and one-half, two and three-quarters, three or three and one-quarter percent if the revenues from a one-quarter percent rate of such tax are required by such local EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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