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What is NYC AC § 20-1404?

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This section outlines the conditions under which the board may refrain from implementing a retirement savings program. It specifies that certification must be provided to the mayor and speaker regarding state programs, legal conflicts, or financial risks. Applies to city officials involved in retirement program decisions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-1404 Certification authorized.

AC § 20-1404

Notwithstanding any inconsistent provision of this chapter, the board shall not implement a retirement savings program as set forth by this chapter if: a. the board certifies to the mayor and speaker in writing that the state establishes a retirement savings program that requires a substantial portion of employers who would otherwise be covered employers to offer to their employees the opportunity to contribute to accounts through payroll deduction or other method of contribution; or b. the corporation counsel certifies to the mayor and speaker in writing that there is a substantial likelihood that such program conflicts with, or is preempted by, state or federal law, including the employee retirement income security act of 1974, or constitutes an employee benefit plan under such act; or c. the director of management and budget and the comptroller each certify to the mayor and speaker in writing that establishment and implementation of such program would create a material risk of a substantial additional monetary liability or obligation for, or an enforceable guarantee by, the city or its agencies, officers or employees, beyond the ordinary costs of administration. (L.L. 2021/051, 5/11/2021, eff. 8/9/2021)

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