2006 New York Code - Exemption From Tax, Execution, Etc.



 
    §  13-561 Exemption from tax, execution, etc. 1. The right of a person
  to  a  pension,  a   pension-providing-for-increased-take-home-pay,   an
  annuity,  or a retirement allowance, to the return of contributions, the
  pension,  pension-providing-for-increased-take-home-pay,   annuity,   or
  retirement  allowance  itself,  any  optional  benefit,  any other right
  accrued or accruing to any person under the provisions of this  chapter,
  and  the  moneys  in the various funds provided for by this chapter, are
  hereby exempt from any state or municipal tax, and exempt from levy  and
  sale, garnishment, attachment or any other process whatsoever, and shall
  be  unassignable  except  as  in  this  chapter  specifically  otherwise
  provided.
    2. Notwithstanding the foregoing provisions of this section, a retired
  member who, immediately prior to his or her retirement, was a member  of
  an  employee  organization,  certified or recognized pursuant to article
  fourteen of the civil service law as the representative of all employees
  in the negotiating unit in which such retired member was then  employed,
  and  had  duly  executed  and  filed  a  deduction  authorization  card,
  authorizing the payment of membership dues  and  such  retired  member's
  share  of  the cost for employee organization-sponsored benefit plans to
  such employee organization, which was in effect at the time  of  his  or
  her  retirement,  shall  have  the  right,  at any time after his or her
  retirement, to execute and  file  a  new  deduction  authorization  card
  authorizing  the  payment  of  membership dues and such retired member's
  share of the cost for employee organization-sponsored benefit  plans  to
  an  employee  organization of which he or she is then a member and which
  is then  so  certified  or  recognized  as  the  representative  of  all
  employees in such negotiating unit. Such authorization shall continue in
  effect  until  revoked  by  such  retired  member or superseded by a new
  deduction authorization card executed and filed by such  retired  member
  in  the  form and manner prescribed by executive order of the mayor. The
  board shall determine the cost of administering deductions for  employee
  organization-sponsored  benefit  plans  and  the  cost  incurred  by the
  retirement system and the comptroller in administering the same shall be
  paid by the employee organization.
    3. Notwithstanding the foregoing provisions of this section, a retired
  member shall have the right, at any time after his or her retirement, to
  execute and file a deduction authorization card authorizing the  payment
  of  voluntary  contributions  to  the political committee, as defined in
  subdivision one of section 14-100 of the election law, of such  member's
  employee   organization  provided  such  organization  is  certified  or
  recognized pursuant to article fourteen of the civil service law as  the
  representative  of  all  employees in the negotiating unit in which such
  retired member was then employed. Such authorization shall  continue  in
  effect  until  revoked  in  writing  by  such  member.  The  board shall
  determine  the  cost   of   administering   deductions   for   voluntary
  contributions  to  the  political committee and the cost incurred by the
  retirement  system   and   the   comptroller   in   administering   such
  contributions shall be paid from the funds of the political committee.

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