Guest oxford Posted October 11, 2002 Share Posted October 11, 2002 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) Link to comment Share on other sites More sharing options...
mbozek Posted October 11, 2002 Share Posted October 11, 2002 Federal law ( ERISA) prempts state laws which apply to private pension plans. However, public retirement plans established by a gov entity are are exempt from ERISA . Therefore, state laws apply to gov pension plan. mjb Link to comment Share on other sites More sharing options...
Guest oxford Posted October 11, 2002 Share Posted October 11, 2002 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 Link to comment Share on other sites More sharing options...
mbozek Posted October 11, 2002 Share Posted October 11, 2002 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 Link to comment Share on other sites More sharing options...
QDROphile Posted October 11, 2002 Share Posted October 11, 2002 One wonders if a government unit may have a retirement plan if it does not have statutory authority for it. Link to comment Share on other sites More sharing options...
joel Posted November 30, 2002 Share Posted November 30, 2002 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. Link to comment Share on other sites More sharing options...
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