What's happening
This bill allows eligible free association libraries to join the New York State and Local Employees' Retirement System.
Why it matters
Expands retirement security for library employees. By allowing eligible free association libraries to join the state and local employees' retirement system, library staff gain access to stable, public-sector retirement benefits previously unavailable to them.
Ensures equitable treatment with other public employees. Employees at participating libraries will have the same rights, obligations, and benefits as other members of the retirement system, promoting fairness and parity in public employment.
Imposes fiscal and administrative responsibilities on libraries. Libraries must meet specific public governance criteria—such as having elected boards, voter-approved budgets, and majority public funding—and will be responsible for both annual contributions and long-term deficiency costs associated with joining the retirement system.
Potential impact on local budgets and library operations. While offering improved benefits to employees, libraries and their sponsoring communities must consider the ongoing and long-term financial commitments required to participate, possibly influencing local tax levies and budgeting decisions.
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Who cares
Headline styles
Let Libraries Join State Retirement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 5134a
- Amend and recommit to civil service and pensions
- Referred to civil service and pensions
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Libraries Join Retirement System
In Assembly Committee · Governmental Employees · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 5134--A A. 6548--A
2017-2018 Regular Sessions
SENATE - ASSEMBLY
March 9, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to participation by free association libraries in the New York state and local employees' retirement system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The retirement and social security law is amended by adding a new section 31-g to read as follows:
§ 31-g. Participation by free association libraries. A free association library as defined in section two hundred fifty-three of the education law and which meets the criteria set forth in this section, may by resolution adopted as provided in section seven hundred eight of the not-for-profit corporation law by its board of trustees and subject to the approval of the comptroller, elect to participate in the retirement system. Acceptance of its employees for membership in the retirement system shall be mandatory with the comptroller, who shall determine the amounts of contribution payable by such library and its employees, shall resolve questions of credit for prior service, and shall in all other respects assure that such employees share the same rights, obligations and benefits as other members of the retirement system. A free
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09916-04-8
S. 5134--A 2 A. 6548--A
association library shall be eligible to join the retirement system under the following conditions:
(a) such library shall be chartered by the state board of regents;
(b) such library shall serve the entire population of its chartered service area;
(c) the board of trustees of such library shall be elected by the voters of its chartered service area;
(d) such library's budget shall be approved by the voters of its chartered service area;
(e) at least fifty-one percent of such library's budget shall derive from public sources; and
(f) such library shall file the annual report with the comptroller as required of public libraries by section thirty of the general municipal law.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would permit any free association public library which meets
certain specific criteria to elect participation in the New York State
and Local Employees' Retirement System.
If this bill is enacted and an eligible corporation elects partic-
ipation, the future annual cost would depend on the retirement plan
adopted and the billable salary of the electing corporation.
As a percentage of payroll, we anticipate that the annual contrib-
utions of the affected corporation for the fiscal year ending March 31,
2019, will be as follows:
Tier Rate
1 10.6% to 21.4%
2 9.7% to 19.4%
3 15.7%
4 15.7%
5 12.9%
6 9.2%
In addition to the annual contributions discussed above, there will be
a deficiency cost to the affected corporation which will be payable for
a 25 year period. These costs will depend on the age, service, salary,
tier status and plan of the affected employees.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2017 actuarial valu-
ation. Distributions and other statistics can be found in the 2017
Report of the Actuary and the 2017 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, and 2017 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2017
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated January 31, 2018 and intended for use only during
the 2018 Legislative Session, is Fiscal Note No. 2018-53, prepared by
the Actuary for the New York State and Local Retirement System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the retirement and social security law, in relation to participation by free association libraries in the New York state and local employees' retirement system
Purpose
The bill would allow additional free association libraries to partic- ipate in the State retirement system, providing their librarians and other employee's equity with those free association libraries which are currently in the retirement system, as well as with public libraries operating under other forms of governance.
Summary of provisions
Section 1. 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 and providing for administration of the process. To be eligible, libraries must be chartered 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.
Read the full memo (657 words)
Section 2. Provides the effective date.
Justification
Public libraries in New York generally operate under one of four types of governance. Some are agencies or departments of a municipality, 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 Retirement and Social Security Law.
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 municipalities) in 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 eligible to participate in the retirement system by section 32 of the Retirement and Social Security Law. There are also other free association libraries across the State covered by the provisions of the Retirement and Social Security Law which allows for participation in the retirement system.
Those remaining free association libraries which currently are not eligible to participate in the retirement system are hampered in 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 retirement, 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 the participation by these remaining libraries in the retire- ment system will "level the playing field" and ensure high quality library services for citizens in all parts of the State.
Prior legislative history
2011: A. 574 2010: A. 10012
Fiscal implications
The Actuary for the New York State and Local Retirement System estimates that if this bill is enacted and an eligible corporation elects partic- ipation, the future annual cost would depend on the retirement plan adopted. As a percentage of payroll, it is anticipated that the annual contributions of the affected corporation for the fiscal year ending March 31, 2019 will be as follows: Tier 1 - 10.6% to 21.4%; Tier 2 - 9.7% to 19.4%; Tier 3 - 15.7%; Tier 4 - 15.7%; Tier 5 - 12.9% and Tier 6 - 9.2%. In addition to these contributions, there will be a deficiency cost to the affected corporation which will be payable for a 25-year period. These costs will depend on the age, service, salary, tier status and plan of the affected employees.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.