Bill Text: NY A10019 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to leaves of absence for state employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-22 - signed chap.136 [A10019 Detail]

Download: New_York-2013-A10019-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10019
                                 I N  A S S E M B L Y
                                     June 9, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
         read once and referred to the Committee on Governmental Employees
       AN ACT to amend chapter 675 of the laws of 1984  relating  to  providing
         fringe  benefits  for certain employees of school districts and boards
         of cooperative educational services, in relation to leaves of absence
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 1 of chapter 675 of the laws of 1984, relating to
    2  providing fringe benefits for certain employees of school districts  and
    3  boards  of  cooperative  educational  services,  is  amended  to read as
    4  follows:
    5    Section 1. Notwithstanding any other provisions of law,  except  in  a
    6  city  having a population of one million or more, an employer as defined
    7  in subdivision three of section five hundred one of  the  education  law
    8  may  grant  a  leave  of absence with full salary to a member of the New
    9  York state teachers' retirement system who is employed  as  a  full-time
   10  teacher  as  defined  in subdivision four of section five hundred one of
   11  the education law from his or her regular position, for the  purpose  of
   12  serving  as  an  elective  officer  [(not  to exceed four)] of the local
   13  employee organization certified or recognized pursuant to article  four-
   14  teen  of the civil service law as the collective negotiating agent of an
   15  employee negotiating unit, OR ITS STATEWIDE AFFILIATE, provided that:
   16    a. the local employee organization OR ITS STATEWIDE AFFILIATE requests
   17  that a leave of absence be granted with full salary for such purpose;
   18    b. each such leave, its terms and  renewal  shall  be  subject  to  an
   19  agreement pursuant to article fourteen of the civil service law;
   20    c.  such  local employee organization OR ITS STATEWIDE AFFILIATE shall
   21  periodically, as specified by the public employer, reimburse the  public
   22  employer for the salary or wages paid to such employee during such leave
   23  of  absence  together  with  the  full cost of fringe benefits including
   24  retirement credit with the New York state teachers'  retirement  system;
   25  and
   26    d.  The salary paid shall be the salary the employee would have earned
   27  and received had [he] THE EMPLOYEE remained in service in  the  position
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15506-01-4
       A. 10019                            2
    1  which  [he]  THE  EMPLOYEE held as a full time employee at the time [he]
    2  THE EMPLOYEE was first elected as an  elective  officer,  prior  to  the
    3  granting  of the leave of absence based on the salary schedule in effect
    4  for the negotiating unit during each year of the leave of absence.
    5    S 2. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill  would  amend  Chapter  675  of the Laws of 1984 to allow a
       participating employer of the New York State Teachers' Retirement System
       (NYSTRS) to grant a leave of absence with full salary  to  a  member  of
       NYSTRS  who  is  employed as a full-time teacher from his or her regular
       position for the purpose of serving as an elective officer of the state-
       wide affiliate of the local employee organization  certified  or  recog-
       nized  by the participating employer pursuant to Article 14 of the Civil
       Service Law as the collective negotiating agent of an employee negotiat-
       ing unit. Currently this leave of absence is only permitted  on  account
       of serving as an elective officer of the local employee organization.
         The  statewide  affiliate  shall reimburse the public employer for the
       salary paid to such employee during such leave of absence together  with
       the  full  cost of all fringe benefits, including the cost of retirement
       credit with NYSTRS. The salary paid shall be  the  salary  the  employee
       would have earned had he/she remained in service in the position held at
       the time first elected, based on the salary schedule for the negotiating
       unit during each year of the leave of absence.
         Inasmuch  as  the  retirement  costs  are  to be paid by the statewide
       affiliate, there will be no annual cost to the employers of  members  of
       NYSTRS if this bill is enacted.
         Employee  data  is  from  the System's most recent actuarial valuation
       files, consisting of data provided by the employers  to  the  Retirement
       System.  Data  distributions and statistics can be found in the System's
       Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
       reported  in the System's financial statements, and can also be found in
       the CAFR. Actuarial assumptions and methods are provided in the System's
       Actuarial Valuation Report.
         The source of this estimate is Fiscal Note 2014-33 dated June 3,  2014
       prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
       System and is intended for use only during the 2014 Legislative Session.
       I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
       Retirement  System.  I  am a member of the American Academy of Actuaries
       and I meet the Qualification Standards of the American Academy of  Actu-
       aries to render the actuarial opinion contained herein.
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