What's happening
This bill allows the New York State Comptroller to make discretionary corrections to retirement system membership and status to fix administrative errors.
Why it matters
This bill gives the Comptroller broad authority to fix the records of public employees’ retirement system membership when administrative mistakes (like paperwork errors or missed deadlines) occur. This could help individuals who would otherwise lose out on retirement benefits through no fault of their own.
It empowers the Comptroller to override existing legal barriers that might prevent corrections,. such as deadlines or technicalities in current law, provided the correction is deemed justified and necessary to fix an error.
Employers and workers who were denied membership or had their retirement plan status mishandled now have a potential remedy,. reducing the risk of long-term financial harm due to clerical errors or oversights.
The Comptroller’s new authority can help ensure fairness and accuracy in state retirement benefits,. potentially reducing costly litigation or appeals when errors are discovered after the fact.
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Who cares
Headline styles
Let Comptroller Fix Errors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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 Comptroller Fix Errors
In Assembly Committee · Governmental Employees · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
192
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to the powers and duties of the comptroller
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 11-a to read as follows:
§ 11-a. Discretionary powers of the comptroller. Notwithstanding any other provision of this chapter to the contrary, the comptroller, as the administrative head of the retirement system, shall have the power and authority to provide a corrective remedy for any member of the retirement system or any employee who would otherwise be entitled to membership, including the authority to accept applications for membership, changes in membership status, plan designation and other actions which are barred by law, rule or regulation, where the comptroller determines that such action is justified and necessary to correct administrative errors, omissions or inaccuracies or any member, person entitled to membership or participating employer.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02638-01-9
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 the powers and duties of the comptroller
Purpose or general idea of the bill
This legislation would empower the Comptroller to provide corrective remedy for any member of the retirement system, or any member who would otherwise be entitled to membership.
Summary of specific provisions
Section 1 would empower the Comptroller to provide corrective remedy for any member of the retirement system, or any member who would otherwise be entitled to membership. Specifically it would grant the authority to accept applications of membership, changes in membership status, plan designations and other actions which are barred by law, rule or regu- lation where the comptroller determines that such action is necessary to correct administrative errors, omissions or inaccuracies.
Section 2 is the effective date.
Justification
This legislation would give the Comptroller the ability to correct pension errors without the passage of individual bills by the Legisla- ture. Every year numerous individuals throughout New York are made aware of errors or issues as they relate to their membership of the Retirement System. These individuals often times seek redress from the Comptroller only to be told that they have no ability to correct this. Others contact their State Representatives and have legislation introduced seeking to correct these problems and issues, the overwhelming majority of these pieces of legislation are not signed into law each year. As a result of this there is an uneven playing field for these impacted members and this legislation seeks to remove that uneven playing field. Further this legislation would bestow the power on the individual who is responsible for the Retirement System and who is most familiar with these individual cases.
Prior legislative history
S. 5453 of 2017/2018; passed Senate
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.