Bill Text: NY A10129 | 2011-2012 | General Assembly | Introduced
Bill Title: Permits members of the New York state teachers' retirement system and the New York city teachers' retirement system to claim up to 10 years of retirement credit for certain prior service as a teacher in another state; provides that no such credit will be granted for service for which the member is receiving or is entitled to receive a benefit pursuant to another retirement system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-09 - referred to governmental employees [A10129 Detail]
Download: New_York-2011-A10129-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10129
I N A S S E M B L Y
May 9, 2012
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the education law, the retirement and social security
law and the administrative code of the city of New York, in relation
to permitting members of the New York state and New York city teach-
ers' retirement systems to claim retirement credit for certain service
as a teacher in another state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 509 of the education law is
2 amended by adding a new paragraph d to read as follows:
3 D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE ENTI-
4 TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE RENDERED IN THE
5 EMPLOY OF ANOTHER STATE, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER,
6 HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO
7 THE PROVISIONS OF THIS ARTICLE. THE CREDITING OF SERVICE PURSUANT TO
8 THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
9 SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT SUCH RULES AND
10 REGULATIONS SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGU-
11 LATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO
12 THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY
13 SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED
14 TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR
15 PRIVATE RETIREMENT SYSTEM OR PLAN, IN THIS STATE, IN ANY OTHER STATE OR
16 FROM THE FEDERAL GOVERNMENT. NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE
17 OR REQUIRE THE SYSTEM TO CREDIT SERVICE WHERE NOT PERMITTED BY SECTION
18 415 (N) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
19 S 2. Section 446 of the retirement and social security law is amended
20 by adding a new subdivision k to read as follows:
21 K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
22 RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE
23 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE RENDERED IN THE
24 EMPLOY OF ANOTHER STATE, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER,
25 HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11601-02-2
A. 10129 2
1 THE PROVISIONS OF THIS ARTICLE. THE CREDITING OF SERVICE PURSUANT TO
2 THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
3 SHALL BE ADOPTED BY THE RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM,
4 PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV-
5 ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
6 ING OF SERVICE PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO SUCH
7 CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-
8 ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE
9 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN, IN
10 THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT. NOTHING
11 IN THIS SUBDIVISION SHALL AUTHORIZE OR REQUIRE THE SYSTEM TO CREDIT
12 SERVICE WHERE NOT PERMITTED BY SECTION 415 (N) OF THE INTERNAL REVENUE
13 CODE OF 1986, AS AMENDED.
14 S 3. Section 513 of the retirement and social security law is amended
15 by adding a new subdivision i to read as follows:
16 I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
17 RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE
18 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE RENDERED IN THE
19 EMPLOY OF ANOTHER STATE, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER,
20 HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO
21 THE PROVISIONS OF THIS ARTICLE, PROVIDED SUCH MEMBER MAKES THE PAYMENTS
22 REQUIRED PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED SEVENTEEN OF
23 THIS ARTICLE. THE CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION
24 SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY
25 THE RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM, PROVIDED THAT SUCH RULES
26 AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGU-
27 LATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO
28 THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR
29 ANY SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTI-
30 TLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR
31 PRIVATE RETIREMENT SYSTEM OR PLAN, IN THIS STATE, IN ANY OTHER STATE OR
32 FROM THE FEDERAL GOVERNMENT. NOTHING IN THIS SUBDIVISION SHALL AUTHOR-
33 IZE OR REQUIRE THE SYSTEM TO CREDIT SERVICE WHERE NOT PERMITTED BY
34 SECTION 415 (N) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
35 S 4. Section 609 of the retirement and social security law is amended
36 by adding a new subdivision i to read as follows:
37 I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
38 RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE
39 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE RENDERED IN THE
40 EMPLOY OF ANOTHER STATE, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER,
41 HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO
42 THE PROVISIONS OF THIS ARTICLE, PROVIDED SUCH MEMBER MAKES THE PAYMENTS
43 REQUIRED PURSUANT TO THE PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF
44 THIS ARTICLE AND PARAGRAPH TWO OF SUBDIVISION B OF THIS SECTION. THE
45 CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
46 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD
47 OF SUCH RETIREMENT SYSTEM, PROVIDED THAT SUCH RULES AND REGULATIONS
48 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
49 APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO THIS SECTION.
50 PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR
51 WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A
52 BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT
53 SYSTEM OR PLAN, IN THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
54 GOVERNMENT. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE OR REQUIRE THE
55 SYSTEM TO CREDIT SERVICE WHERE NOT PERMITTED BY SECTION 415 (N) OF THE
56 INTERNAL REVENUE CODE OF 1986, AS AMENDED.
A. 10129 3
1 S 5. Subparagraph (d) of paragraph 3 of subdivision a of section
2 13-505 of the administrative code of the city of New York is amended to
3 read as follows:
4 (d) Credit for such prior service up to a maximum of fifteen years
5 shall be given only if application and payment therefor is made by the
6 contributor within the first four years subsequent to membership in the
7 New York city teachers' retirement system or before December thirty-
8 first, [nineteen hundred sixty-nine] TWO THOUSAND THIRTEEN, whichever is
9 later.
10 S 6. Subdivision a of section 13-505 of the administrative code of the
11 city of New York is amended by adding a new paragraph 10 to read as
12 follows:
13 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE
14 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE RENDERED IN THE
15 EMPLOY OF ANOTHER STATE, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER,
16 HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO
17 THE PROVISIONS OF THIS CHAPTER. THE CREDITING OF SERVICE PURSUANT TO
18 THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
19 SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT SUCH RULES AND
20 REGULATIONS SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGU-
21 LATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO
22 THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY
23 SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED
24 TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR
25 PRIVATE RETIREMENT SYSTEM OR PLAN, IN THIS STATE, IN ANY OTHER STATE OR
26 FROM THE FEDERAL GOVERNMENT. NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE
27 OR REQUIRE THE SYSTEM TO CREDIT SERVICE WHERE NOT PERMITTED BY SECTION
28 415 (N) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
29 S 7. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill amends section 509 of the Education Law and sections 446,
513, and 609 of the Retirement and Social Security Law to permit all
members of the New York State Teachers' Retirement System to claim
service credit for up to ten years of out-of-state public school teach-
ing service, regardless of when such service was rendered. Current law
permits only Tier 1 members to obtain service credit for out-of-state
teaching service, and requires that such out-of-state service predate a
member's date of membership in order to be creditable. Payments for such
credit for Tier 3, 4 and 5 members shall be required in accordance with
section 517 and section 613 and paragraph two of subdivision b of
section 609 of the Retirement and Social Security Law.
The annual cost to the employers of members of the New York State
Teachers' Retirement System for this benefit is estimated to be $130.6
million or .87% of payroll if this bill is enacted.
The source of this estimate is Fiscal Note 2012-11 dated February 22,
2012 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2012 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.
