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applicablity of NYS law to govermental plans/not NYS retir.sys plan


Guest oxford
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Does NYS law apply at all to a governmental plan that is not part of the NYS retirement system or any other NYS system (ie firemen, police)

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I understand that, but I can not find any NYS law that governs govermental plans that are not in the NYS retirement system or the Police Fund/Fireman's Fund etc. This is a plan that has opted not to participate in the NYS retirement system. It appears to me that only NYS contract law would apply

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As I indicated in my prior post state laws will apply including any applicable state laws govening employment e.g., NY state labor law Sect 193-199 as well as judicial decisions on enforcement of contracts. Also non pension federal laws will apply such as age and sex discrimination to prevent discrimination in benefits based on sex or against employees over 40 if there are 15 or more employees (sex) or 20 (Age).

mjb

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  • 1 month later...

Oxford,

NY state law governs 8 public employee retirement systems; 3 are statewide and 5 are New York Citywide. It is my understanding that a local NY state govenmental employer must belong to one of these 8 systems. A small town for example may not opt out of one of the 8 by establishing its own pension system. The days when this was allowed, I believe, are long gone. NYC being so large a local govenment was allowed to establish its own plans. In fact the the Teachers' Retirement System of the City of New York was established in 1917 prior to the establishment of the New York State Teachers' Retirement System. The law governing the 5 New York City plans may be located in the Administrative Code of the City of New York.

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