|SAME AS||No Same As|
|Add §6-t, rpld §6-p subs 10 & 11, Gen Muni L; amd §1950, Ed L|
|Creates other post-employment benefit reserve funds; defines terms.|
|02/02/2018||referred to education|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9710 SPONSOR: Jaffee
TITLE OF BILL: An act to amend the general municipal law and the education law, in relation to the creation and funding of other post-employment benefit reserve funds; and to repeal certain provisions of the general municipal law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: This bill would authorize boards of cooperative educational services (BOCES) to establish other-post employment benefit (OPEB) reserve funds.   SUMMARY OF SPECIFIC PROVISIONS: This bill would create a new Section 6-t of the General Municipal Law for the establishment of other post-employment benefit (OPEB) reserve funds.   JUSTIFICATION: Despite the large and increasing costs that BOCES continue to incur each year related to employee other post-employment benefits, they do not have the legal ability to set-aside funds for these purposes. As a result, BOCES continue to accrue very significant long-term financial liabilities that total hundreds of millions of dollars without any way in which to save to cover these long-term costs. The bill would address this problem by authorizing BOCES to establish reserve funds to cover OPEB expenses.   PRIOR LEGISLATIVE HISTORY: 01/06/16 referred to education   FISCAL IMPLICATIONS: None for the State.   EFFECTIVE DATE: Immediately.
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STATE OF NEW YORK ________________________________________________________________________ 9710 IN ASSEMBLY February 2, 2018 ___________ Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Education AN ACT to amend the general municipal law and the education law, in relation to the creation and funding of other post-employment benefit reserve funds; and to repeal certain provisions of the general munici- pal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general municipal law is amended by adding a new 2 section 6-t to read as follows: 3 § 6-t. Other post-employment benefit reserve funds. 1. As used in this 4 section: 5 (a) "Municipal corporation" means a school district (except a school 6 district in a city with a population of one hundred twenty-five thousand 7 or more) or a board of cooperative educational services. 8 (b) "Other post-employment benefit" means any benefit other than a 9 pension benefit that a municipal corporation is obligated by contract, 10 local law, or statute to pay to, or on behalf of, an individual on 11 account of that individual's prior employment by the municipal corpo- 12 ration, including post-employment healthcare benefits, regardless of the 13 type of plan that provides them, but excluding termination benefits such 14 as those described in section six-p of this article. 15 (c) "Participating employer" means a participating employer as defined 16 in subdivision twenty of section two of the retirement and social secu- 17 rity law or in subdivision twenty of section three hundred two of such 18 law. 19 2. The governing board of any municipal corporation which is also a 20 participating employer may establish by resolution a reserve fund for 21 the purpose of financing other post-employment benefits. 22 3. There may be paid into another post-employment benefit reserve 23 fund: 24 (a) Such amounts as may be provided therefor by budgetary appropri- 25 ation or raised by tax therefor; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14498-01-8A. 9710 2 1 (b) Such revenues as are not required by law to be paid into any other 2 fund or account; 3 (c) Such other funds as may be legally appropriated; and 4 (d) Notwithstanding any law to the contrary, such amounts as may be 5 transferred from a reserve fund established pursuant to section six-c, 6 six-d, six-e, six-f, six-g, six-m, six-n, or six-p of this article 7 comprised of moneys raised from the same tax base as the moneys in the 8 other post-employment benefit reserve fund, or a reserve fund estab- 9 lished pursuant to section thirty-six hundred fifty-one of the education 10 law, provided, that any such transfer shall only be made by resolution 11 of the governing board of such municipal corporation adopted after a 12 public hearing held on at least fifteen days prior published notice in 13 the official newspaper of the municipal corporation or, if the munici- 14 pal corporation does not have an official newspaper, in at least one 15 newspaper having general circulation in the municipal corporation. 16 4. The moneys in another post-employment benefit reserve fund shall be 17 deposited and secured in the manner provided by section ten of this 18 article, the governing board of such municipal corporation, or the chief 19 fiscal officer thereof if the governing board shall delegate such duty 20 to him or her, may invest the moneys in such fund in the manner provided 21 by section eleven of this article, any interest earned or capital gain 22 realized on the money so deposited or invested shall accrue to and 23 become part of such fund. 24 5. The governing board of such municipal corporation by resolution may 25 authorize expenditures from another post-employment benefit reserve fund 26 except as otherwise provided by law, moneys in another post-employment 27 benefit reserve fund may only be expended to finance other post-employ- 28 ment benefits. 29 6. The governing board of such municipal corporation by resolution may 30 authorize the transfer of a portion of the moneys in another post-em- 31 ployment benefit reserve fund to a reserve fund of the municipal corpo- 32 ration established pursuant to section six-c, six-d, six-e, six-f, 33 six-g, six-m, six-n, or six-p of this article comprised of moneys raised 34 from the same tax base as the moneys in the retirement contribution 35 reserve funds, or a reserve fund established pursuant to section thir- 36 ty-six hundred fifty-one of the education law, provided, that any such 37 transfer shall only be made by resolution of the governing board of such 38 municipal corporation adopted after a public hearing held on at least 39 fifteen days prior published notice in the official newspaper of the 40 municipal corporation or, if the municipal corporation does not have an 41 official newspaper, in at least one newspaper having general circulation 42 in the municipal corporation. 43 7. The chief fiscal officer of such municipal corporation shall 44 account for another post-employment benefit reserve fund separate and 45 apart from all other funds of the municipal corporation such accounting 46 shall show: the source, date and amount of each sum paid into the fund; 47 the interest earned by such fund; capital gains or losses resulting from 48 the sale of investments of this fund; the order, purpose thereof, date 49 and amount of each payment from such fund; the assets of the fund, indi- 50 cating cash balance and a schedule of investments. 51 The chief fiscal officer, within sixty days of the end of each fiscal 52 year, shall furnish a detailed report of the operation and condition of 53 this fund to the governing board. 54 8. No member of the governing board of such municipal corporation 55 shall:A. 9710 3 1 (a) Authorize a withdrawal from another post-employment benefit 2 reserve fund for any purpose except as provided in this section; or 3 (b) Expend any money withdrawn from such fund for a purpose other than 4 as provided in this section. 5 9. The governing board of such municipal corporation by resolution may 6 determine that an other post-employment benefit reserve fund is no long- 7 er needed and terminate the fund. Such resolution shall transfer any 8 moneys remaining in such fund to one or more reserve funds of the munic- 9 ipal corporation established pursuant to section six-c, six-d, six-e, 10 six-f, six-i, six-m, six-n, or six-p of this article comprised of moneys 11 raised from the same tax base as the moneys in the other post-employment 12 benefit reserve fund, or one or more reserve funds established pursuant 13 to section thirty-six hundred fifty-one of the education law. 14 § 2. Notwithstanding any other provision of law, within 180 days of 15 the effective date of this act, a municipal corporation may by resol- 16 ution transfer into another post-employment benefits reserve fund 17 created in accordance with section 6-t of the general municipal law any 18 funds previously committed or assigned by that municipal corporation for 19 the purpose of paying other post-employment benefits as defined in 20 section 6-t of the general municipal law, regardless of how those funds 21 have been designated. 22 § 3. Subdivisions 10 and 11 of section 6-p of the general municipal 23 law are REPEALED. 24 § 4. Paragraph b of subdivision 5 of section 1950 of the education 25 law, as amended by chapter 296 of the laws of 2016, is amended to read 26 as follows: 27 b. The cost of services herein referred to shall be the amount allo- 28 cated to each component school district by the board of cooperative 29 educational services to defray expenses of such board, including 30 approved expenses from the testing of potable water systems of occupied 31 school buildings under the board's jurisdiction as required pursuant to 32 section eleven hundred ten of the public health law, except that that 33 part of the salary paid any teacher, supervisor or other employee of the 34 board of cooperative educational services which is in excess of thirty 35 thousand dollars shall not be such an approved expense, and except also 36 that administrative and clerical expenses shall not exceed ten percent 37 of the total expenses for purposes of this computation. Any gifts, 38 donations or interest earned by the board of cooperative educational 39 services or on behalf of the board of cooperative educational services 40 by the dormitory authority or any other source shall not be deducted in 41 determining the cost of services allocated to each component school 42 district. [ Any payments made to a component school district by the board43 of cooperative educational services pursuant to subdivision eleven of44 section six-p of the general municipal law attributable to an approved45 cost of service computed pursuant to this subdivision shall be deducted46 from the cost of services allocated to such component school district.] 47 The expense of transportation provided by the board of cooperative 48 educational services pursuant to paragraph q of subdivision four of this 49 section shall be eligible for aid apportioned pursuant to subdivision 50 seven of section thirty-six hundred two of this chapter and no board of 51 cooperative educational services transportation expense shall be an 52 approved cost of services for the computation of aid under this subdivi- 53 sion. Transportation expense pursuant to paragraph q of subdivision four 54 of this section shall be included in the computation of the ten percent 55 limitation on administrative and clerical expenses. 56 § 5. This act shall take effect immediately.