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April 08, 2020

Emergency rule making adopted by the State Comptroller addressing processing applications for retirement benefits during the COVID-19 state of emergency


On March 7, 2020 the Governor of New York State declared a state of emergency due to the COVID-19 virus. An emergency adoption of this rule is necessary for the preservation of the general welfare of the members, retirees and beneficiaries of NYSLRS. In order to maintain operation of the retirement system during this state of emergency, it is necessary to authorize the suspension of certain administrative and operational requirements related to the retirement system including, but not limited to, the processing and determination of applications for any form of retirement or benefit, and the conduct and scheduling of administrative hearings. 

Text of emergency rule: 

Add a new Part 383. Section 383.1 Addition or suspension of certain administrative and operational requirements during the COVID-19 state of emergency. 

On March 7, 2020 the Governor of New York State declared a state of emergency due to the COVID-19 virus. An immediate adoption of this rule is necessary for the preservation of the general welfare of the members, retirees and beneficiaries of NYSLRS. Effective immediately and notwithstanding any other law, rule or regulation to the contrary, the Comptroller may authorize the suspension of certain administrative and operational requirements related to the retirement system including, but not limited to, the processing and determination of applications for any form of retirement or benefit, participating employer reporting and the conduct and scheduling of administrative hearings. Such change in administrative and operational requirements will be effective for 90 days from the date of filing of this rule unless such emergency rule is readopted or rescinded prior to the expiration of such ninety day period. This notice is intended to serve only as an emergency adoption, to be valid for 90 days or less. 

N.B. This rule expires June 17, 2020. 

Text of rule and any required statements and analyses may be obtained from: Jamie Elacqua, Office of the State Comptroller, 110 State Street, Albany, NY 122236, (518) 473-4146, email: jelacqua@osc.ny.gov

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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