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What is NYC AC § 20-1408?

Quick Answer

This section allows the board and the comptroller to create rules for implementing the chapter's provisions. These rules can establish variations to avoid conflicts with state or federal law, including the Employee Retirement Income Security Act of 1974. Applies to entities involved in the administration of the program.

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

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§ 20-1408 Rulemaking.

AC § 20-1408

The board and the comptroller may each promulgate rules to implement the provisions of this chapter concerning their respective powers. a. Such rules may establish variations from the requirements otherwise established by this chapter in order to ensure that this program does not conflict with, and is not otherwise preempted by, state or federal law, including the employee retirement income security act of 1974, and to ensure that this program does not constitute an employee benefit plan under such act, provided that such variations are not inconsistent with the overall purpose and policy of this chapter. b. Such rules may include any provisions necessary to ensure exemption from the employee retirement income security act of 1974. (L.L. 2021/052, 5/11/2021, eff. 8/9/2021)

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