Bill Text: NY S04797 | 2009-2010 | General Assembly | Introduced

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Bill Title: Grants additional service credit for members of the NYS and Local Police and Fire Retirement Systems who are absent without pay for child care leaves of absence; such credit shall not exceed one year per period of child care leave.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04797 Detail]

Download: New_York-2009-S04797-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4797
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT to amend the retirement and social security law, in  relation  to
         allowing  members  of  the  New  York  state and local police and fire
         retirement system to obtain retirement credit for certain  periods  of
         child care leave
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The retirement and social security law is amended by adding
    2  a new section 341-a to read as follows:
    3    S 341-A. SERVICE  CREDIT;  CHILD  CARE  LEAVE.    NOTWITHSTANDING  ANY
    4  PROVISION  OF  LAW TO THE CONTRARY, ANY MEMBER WHO IS ABSENT WITHOUT PAY
    5  FOR CHILD CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS  OF  ANY  POLICE
    6  DEPARTMENT OR FIRE DEPARTMENT IN THE STATE OF NEW YORK SHALL BE ELIGIBLE
    7  FOR  CREDIT  FOR  SUCH  PERIOD OF CHILD CARE LEAVE, PROVIDED SUCH MEMBER
    8  FILES A CLAIM FOR SUCH SERVICE CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY
    9  DECEMBER THIRTY-FIRST, TWO THOUSAND NINE OR WITHIN NINETY DAYS FOLLOWING
   10  TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTES
   11  TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB-
   12  UTED  DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST
   13  THEREON. SERVICE CREDIT PROVIDED PURSUANT  TO  THIS  SECTION  SHALL  NOT
   14  EXCEED  ONE  YEAR  OF  CREDIT  FOR  EACH PERIOD OF AUTHORIZED CHILD CARE
   15  LEAVE. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS  OF  THIS
   16  SECTION  AND  THE  PROVISIONS  OF  ANY  OTHER  LAW  TO THE CONTRARY, THE
   17  PROVISIONS OF THIS SECTION SHALL GOVERN.
   18    ANY SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE:
   19    A. "POLICE OR FIRE SERVICE" AS SUCH TERM  IS  DEFINED  IN  SUBDIVISION
   20  ELEVEN OF SECTION THREE HUNDRED TWO OF THIS ARTICLE; AND
   21    B.  "TOTAL CREDITABLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLE-
   22  MENT TO RETIRE PURSUANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN  TITLE
   23  TEN OF THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10535-01-9
       S. 4797                             2
    1    S 2. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This bill would grant additional service credit for members of the New
       York  State  and  Local Police and Fire Retirement System who are absent
       without pay for child care leaves of absence.  Such  additional  service
       credit  shall  not  exceed  one  year  per  period  of child care leave.
       Members would not be required to make any  payment  for  the  additional
       service credit granted by this bill.
         The  number  of  members  who would be affected by this bill cannot be
       readily determined.
         If this bill is enacted, there would be  a  past  service  cost  which
       would  depend upon the number of members affected and upon each member's
       age, salary, credited service, periods of child care leaves, plan cover-
       age and tier. It is estimated that the past service  cost  will  average
       approximately  20% of an affected member's compensation for each year of
       additional service. However, for an individual member who purchases this
       additional service credit to enable immediate retirement, the cost could
       approach 40% of the member's salary for each year of additional  service
       credit that is purchased. The total cost would be shared by the State of
       New York and all participating employers in the New York State and Local
       Police and Fire Retirement System.
         This  estimate,  dated  February  23,  2009, and intended for use only
       during the  2009  Legislative  Session,  is  Fiscal  Note  No.  2009-26,
       prepared by the Actuary for the New York State and Local Police and Fire
       Retirement System.