§ 32 — Participation by certain New York city libraries

§ 32. Participation by certain New York city libraries. a. The boards\nof trustees of The New York Public Library, Astor, Lenox and Tilden\nFoundations, The Brooklyn Public Library and The Queens Borough Public\nLibrary, which organizations employ persons engaged in service to the\npublic, by resolution legally adopted and approved by the comptroller,\nmay elect to have their employees become eligible to participate in the\nretirement system. When such election is made by the board of trustees\nof any such library in pursuance of an agreement or plan concluded\nbetween it and the city of New York, for such of its employees whose\nsalaries and compensation are paid from appropriations to such library\nby the city of New York in its budget, then such board of trustees shall\nalso elect by separate resolution to have such of its employees, whose\nsalaries and compensation for services are paid out of its own corporate\nfunds, become eligible to participate in the retirement system.\n b. Acceptance of the employees of such an employer for membership in\nthe retirement system shall be optional with the comptroller. If he\nshall approve their participation, then such organization shall be\ntreated as if it were a municipality that has approved the participation\nof its employees in the retirement system as provided in section thirty\nof this article. The comptroller shall determine the amounts of\ncontribution payable by such libraries and their employees, and, in all\nother respects in so far as this article covering such a municipality is\napplicable, shall similarly treat all such employees.\n c. When, as a condition of a contract or plan concluded with any one\nof such libraries, a number of whose employees are being paid from\nsalaries and compensation for services out of appropriations as\naforesaid, the city of New York obligates itself in any manner to pay or\ncause to be paid deficiency and normal contributions on account of such\nemployees to the extent of, and not in excess of, a certain specified\nrate based on a fixed percentage of the payroll appropriated, then the\ncomptroller shall have power to accept the participation of all the\nemployees of such organization on the same terms and subject to the same\nlimitations as provided for under both aforesaid resolutions. Such\nemployees shall in all other respects participate in the retirement\nsystem as provided in section thirty-one of this article.\n d. Should there be a default in paying or causing to be paid pursuant\nto any contract or agreement with such employer the deficiency and\nnormal contributions on account of the employees of any such library,\nwhose salaries and compensation for services are paid out of funds\nappropriated by such city, or, if the amount of such contributions\nrequired to be paid by such city, pursuant to any contract or agreement\nmade prior to the first participation of such employees, a copy of which\nshall have been filed with the comptroller, is, in the judgment of the\ncomptroller, insufficient and inadequate to continue the membership of\nthe employees of such employer in the retirement system because of the\nlimit set in such contract, then such employer shall immediately be\nrelieved and exonerated from any duty or obligation to any person\nwhatsoever from making any contribution on account of any or all its\nemployees. A certificate to such effect shall be sent to the employer\nand to the state superintendent of financial services. All members of\nthe retirement system, who were employees of such employer at the time\nsuch certificate is issued, shall thereupon be entitled to discontinue\nmembership as provided in section thirty-one of this article. Any such\nemployer, however, within thirty days of the receipt of such certificate\nmay notify the comptroller that it elects to continue the benefits of\nthe retirement system for such of its employees whose salaries and\ncompensation for services are paid out of its own corporate funds.\n e. Notwithstanding anything to the contrary, the retirement system\nshall not be liable for the payment of any pensions or other benefits on\naccount of the officers and employees or pensioners of any employer\nunder this section, for which reserves have not been previously created\nfrom funds contributed by such employer or its officers and employees\nfor such benefits.\n