Section 32. Participation by certain New York city libraries  


Latest version.
  • a. The boards
      of  trustees  of  The  New  York Public Library, Astor, Lenox and Tilden
      Foundations, The Brooklyn Public Library and The Queens  Borough  Public
      Library,  which  organizations  employ persons engaged in service to the
      public, by resolution legally adopted and approved by  the  comptroller,
      may  elect to have their employees become eligible to participate in the
      retirement system. When such election is made by the board  of  trustees
      of  any  such  library  in  pursuance  of an agreement or plan concluded
      between it and the city of New York, for such  of  its  employees  whose
      salaries  and  compensation are paid from appropriations to such library
      by the city of New York in its budget, then such board of trustees shall
      also elect by separate resolution to have such of its  employees,  whose
      salaries and compensation for services are paid out of its own corporate
      funds, become eligible to participate in the retirement system.
        b.  Acceptance  of the employees of such an employer for membership in
      the retirement system shall be optional  with  the  comptroller.  If  he
      shall  approve  their  participation,  then  such  organization shall be
      treated as if it were a municipality that has approved the participation
      of its employees in the retirement system as provided in section  thirty
      of  this  article.  The  comptroller  shall  determine  the  amounts  of
      contribution payable by such libraries and their employees, and, in  all
      other respects in so far as this article covering such a municipality is
      applicable, shall similarly treat all such employees.
        c.  When,  as a condition of a contract or plan concluded with any one
      of such libraries, a number of  whose  employees  are  being  paid  from
      salaries   and  compensation  for  services  out  of  appropriations  as
      aforesaid, the city of New York obligates itself in any manner to pay or
      cause to be paid deficiency and normal contributions on account of  such
      employees  to  the  extent of, and not in excess of, a certain specified
      rate based on a fixed percentage of the payroll appropriated,  then  the
      comptroller  shall  have  power  to  accept the participation of all the
      employees of such organization on the same terms and subject to the same
      limitations as provided  for  under  both  aforesaid  resolutions.  Such
      employees  shall  in  all  other  respects participate in the retirement
      system as provided in section thirty-one of this article.
        d. Should there be a default in paying or causing to be paid  pursuant
      to  any  contract  or  agreement  with  such employer the deficiency and
      normal contributions on account of the employees of  any  such  library,
      whose  salaries  and  compensation  for  services  are paid out of funds
      appropriated by such city, or,  if  the  amount  of  such  contributions
      required  to be paid by such city, pursuant to any contract or agreement
      made prior to the first participation of such employees, a copy of which
      shall have been filed with the comptroller, is, in the judgment  of  the
      comptroller,  insufficient  and inadequate to continue the membership of
      the employees of such employer in the retirement system because  of  the
      limit  set  in  such  contract,  then such employer shall immediately be
      relieved and exonerated from  any  duty  or  obligation  to  any  person
      whatsoever  from  making  any  contribution on account of any or all its
      employees. A certificate to such effect shall be sent  to  the  employer
      and  to  the  state  superintendent  of  insurance.  All  members of the
      retirement system, who were employees of such employer at the time  such
      certificate  is  issued,  shall  thereupon  be  entitled  to discontinue
      membership as provided in section thirty-one of this article.  Any  such
      employer, however, within thirty days of the receipt of such certificate
      may  notify  the  comptroller that it elects to continue the benefits of
      the retirement system for such  of  its  employees  whose  salaries  and
      compensation for services are paid out of its own corporate funds.
    
        e.  Notwithstanding  anything  to  the contrary, the retirement system
      shall not be liable for the payment of any pensions or other benefits on
      account of the officers and employees  or  pensioners  of  any  employer
      under  this section, for which reserves have not been previously created
      from  funds  contributed  by such employer or its officers and employees
      for such benefits.