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Labor & Employment Law

: New York Public Personnel Law

Retirement membership and service credit for ineligible attorneys rescinded

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Retirement membership and service credit for ineligible attorneys rescinded
Source: Press Release, Office of the State Comptroller December 11, 2008

State Comptroller Thomas P. DiNapoli announced that his office revoked the New York State and Local Retirement System memberships of one Long Island attorney and rescinded service credit of four additional attorneys because they were erroneously reported as employees by school districts, boards of educational cooperative services, special districts and municipalities.

These actions are part of DiNapoli?s ongoing review of the Retirement System. ?As our review of lawyers in the Retirement System continues, we are finding individuals from across the state who are incorrectly reported as employees,? DiNapoli said. ?We are recouping pension benefits that erroneously were paid out. My office is also returning the contributions local governments made to the pension fund for these individuals.?

In April, DiNapoli announced strengthened regulations to provide clarification and guidance for local governments for determining who is an employee.

To view a timeline of DiNapoli?s actions, visit:

http://www.osc.state.ny.us/retirereformtimeline.htm.

DiNapoli?s office is providing assistance to help participating local governments determine whether an individual should be considered an employee or an independent contractor. Those municipalities needing assistance should call 518-474-0167.

The complete text of the Comptroller?s press release is posted on the Internet at:

http://www.osc.state.ny.us/press/releases/dec08/121108.htm

Full post as published by New York Public Personnel Law on December 11, 2008 (boomark / email).

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