Relates to participation by free association libraries in the New York state and local employees' retirement system

Summary of provisions

Adds a new section 31-g to the Retirement and Social Security Law allowing free association libraries which meet enumerated standards to .join the retirement system end providing for administration of the. process. To be eligible, libraries must be char- tered by the State Board of Regents, receive the majority of their revenues from public sources, provide for public, voting on both their budgets and their trustees, and file appropriate reports with the State Comptroller.

Existing law

Section 31 of the Retirement and 'Social Security Law (RSSL) permits, but does not require, the State Comptroller to accept for membership in the State retirement system, "Any public or quasi- public organization created wholly or partly Or deriving its powers by the legislature of the state and.which organization employs persons engaged in service to the public..." Pursuant to this section, the Comp- troller appears to have admitted 16 free association libraries to participation in-the retirement system; but reportedly has not accepted applications in recent years. Other sections of law (see sections 31-a, 31-b, 31-c, 31-d and 32 of the. RSSL) provide membership for specific named public libraries and library systems.

Justification

This bill was requested by the New York. Library Associ- ation (NYLA). Public libraries in New York generally operate under one of four types of governance. Some are agencies or departments Of a muni- cipality, so library Staff are employees of the municipality and are thus members of the retirement system. Others are special districts created by special State legislation, and their. retirement system participation may be established by their enabling legislation. Others are voter-established "school district public libraries," which are eligible to participate in the state retirement system pursuant to section 31-a of the RSSL. The fourth type of public library governance is the free association library. Free association libraries are subject to the same rights and responsibilities pursuant to the Education Law as are public libraries operating under other types of governance. Funding for these libraries typically is provided by the municipality (or muni- cipalities) which they serve.. These libraries receive the same State and federal aid as other public. libraries. The largest and most well- known free association library is the research library of the New York Public Library, which is actually owned by the Astor, Lenox, and Tilden Foundations. (This free association library is specifically made eligi-

ble to participate in the retirement system by Section 32 of the RSSL.) The vast majority of free association libraries, however, serve, small, rural upstate communities. Their lack of participation in the retirement system hampers their ability to recruit and retain librarians and other staff. Experienced staff currently working in other libraries may be reluctant to accept employment which does not count toward their retire- ment, while entry-level staff are likely to move on to jobs at other libraries or other local government agencies which participate .in the retirement system. Permitting these libraries to participate in the retirement system will "level the playing field" and ensure high quality library services for citizens in all parts of the State.

Prior legislative history

New Bill

Fiscal implications

No direct fiscal implications to the State.

Local fiscal implications

No direct fiscal implications to local governments. The actual costs of participation in the retirement system will be billed by the Comptroller directly to the participating free association libraries.

Effective date

Immediately.