2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 2 - NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM
Title 4 - (30 - 34) PARTICIPATION IN SYSTEM BY POLITICAL SUBDIVISIONS AND OTHER ORGANIZATIONS
32 - Participation by certain New York city libraries.

 
    §  32. Participation by certain New York city libraries. a. The boards
  of trustees of The New York Public  Library,  Astor,  Lenox  and  Tilden
  Foundations,  The  Brooklyn Public Library and The Queens Borough Public
  Library, which organizations employ persons engaged in  service  to  the
  public,  by  resolution legally adopted and approved by the comptroller,
  may elect to have their employees become eligible to participate in  the
  retirement  system.  When such election is made by the board of trustees
  of any such library in pursuance  of  an  agreement  or  plan  concluded
  between  it  and  the  city of New York, for such of its employees whose
  salaries and compensation are paid from appropriations to  such  library
  by the city of New York in its budget, then such board of trustees shall
  also  elect  by separate resolution to have such of its employees, whose
  salaries and compensation for services are paid out of its own corporate
  funds, become eligible to participate in the retirement system.
    b. Acceptance of the employees of such an employer for  membership  in
  the  retirement  system  shall  be  optional with the comptroller. If he
  shall approve their  participation,  then  such  organization  shall  be
  treated as if it were a municipality that has approved the participation
  of  its employees in the retirement system as provided in section thirty
  of  this  article.  The  comptroller  shall  determine  the  amounts  of
  contribution  payable by such libraries and their employees, and, in all
  other respects in so far as this article covering such a municipality is
  applicable, shall similarly treat all such employees.
    c. When, as a condition of a contract or plan concluded with  any  one
  of  such  libraries,  a  number  of  whose employees are being paid from
  salaries  and  compensation  for  services  out  of  appropriations   as
  aforesaid, the city of New York obligates itself in any manner to pay or
  cause  to be paid deficiency and normal contributions on account of such
  employees to the extent of, and not in excess of,  a  certain  specified
  rate  based  on a fixed percentage of the payroll appropriated, then the
  comptroller shall have power to accept  the  participation  of  all  the
  employees of such organization on the same terms and subject to the same
  limitations  as  provided  for  under  both  aforesaid resolutions. Such
  employees shall in all other  respects  participate  in  the  retirement
  system as provided in section thirty-one of this article.
    d.  Should there be a default in paying or causing to be paid pursuant
  to any contract or agreement  with  such  employer  the  deficiency  and
  normal  contributions  on  account of the employees of any such library,
  whose salaries and compensation for  services  are  paid  out  of  funds
  appropriated  by  such  city,  or,  if  the amount of such contributions
  required to be paid by such city, pursuant to any contract or  agreement
  made prior to the first participation of such employees, a copy of which
  shall  have  been filed with the comptroller, is, in the judgment of the
  comptroller, insufficient and inadequate to continue the  membership  of
  the  employees  of such employer in the retirement system because of the
  limit set in such contract, then  such  employer  shall  immediately  be
  relieved  and  exonerated  from  any  duty  or  obligation to any person
  whatsoever from making any contribution on account of  any  or  all  its
  employees.  A  certificate  to such effect shall be sent to the employer
  and to the state superintendent of financial services.  All  members  of
  the  retirement  system, who were employees of such employer at the time
  such certificate is issued, shall thereupon be entitled  to  discontinue
  membership  as  provided in section thirty-one of this article. Any such
  employer, however, within thirty days of the receipt of such certificate
  may notify the comptroller that it elects to continue  the  benefits  of
  the  retirement  system  for  such  of  its employees whose salaries and
  compensation for services are paid out of its own corporate funds.

    e. Notwithstanding anything to the  contrary,  the  retirement  system
  shall not be liable for the payment of any pensions or other benefits on
  account  of  the  officers  and  employees or pensioners of any employer
  under this section, for which reserves have not been previously  created
  from  funds  contributed  by such employer or its officers and employees
  for such benefits.