Bill Text: NY S05633 | 2009-2010 | General Assembly | Amended
Bill Title: Authorizes the deferral of up to five vacation days per year for state correctional officers and security hospital treatment assistants and the receipt of a lump sum payment equal to the value of the time deferred upon retirement.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2010-07-30 - VETOED MEMO.6726 [S05633 Detail]
Download: New_York-2009-S05633-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5633--A
2009-2010 Regular Sessions
I N S E N A T E
May 22, 2009
___________
Introduced by Sens. SAVINO, AUBERTINE, VALESKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Civil
Service and Pensions -- recommitted to the Committee on Civil Service
and Pensions in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the retirement and social security law, in relation to
the deferral of vacation days for certain members of the retirement
system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 89 of the retirement and social security law is
2 amended by adding a new subdivision l to read as follows:
3 L. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
4 LAW, CODE, RESOLUTION OR CHARTER TO THE CONTRARY, UNIFORMED PERSONS,
5 UNIFORMED PERSONNEL, OR SECURITY HOSPITAL TREATMENT ASSISTANTS AS
6 DEFINED IN SUBDIVISION I OF THIS SECTION SHALL BE AFFORDED THE OPTION
7 OF POSTPONING THE USE OF UP TO FIVE VACATION DAYS PER YEAR AND TAKING A
8 MONETARY PAYMENT IN LIEU THEREOF ON THE DATE OF RETIREMENT AT THE PAY
9 RATE APPLICABLE TO SUCH MEMBER ON THE DATE OF SUCH MEMBER'S RETIREMENT.
10 SUCH MONETARY PAYMENT SHALL NOT BE UTILIZED IN THE DETERMINATION OF
11 FINAL AVERAGE SALARY FOR ANY SUCH MEMBER WHO SO ELECTS TO POSTPONE VACA-
12 TION DAYS PURSUANT TO THIS SUBDIVISION. ANY SUCH MEMBER WISHING TO POST-
13 PONE THE USE OF VACATION DAYS PURSUANT TO THIS SUBDIVISION SHALL ELECT
14 SUCH POSTPONEMENT ON AN ANNUAL BASIS BY CERTIFYING TO THE DIRECTOR OF
15 PERSONNEL OF HIS OR HER RESPECTIVE EMPLOYER OF HIS OR HER INTENTION TO
16 DO SO IN SUCH MANNER AND FORM AS THE RESPECTIVE DIRECTOR SHALL SO
17 REQUIRE.
18 S 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14019-02-0
S. 5633--A 2
This bill would allow State Correction Officers and Security Hospital
Treatment Assistants to postpone up to 5 days of vacation per year and
take monetary payment in lieu thereof on the date of retirement.
If this bill is enacted, affected members would become eligible for
increased lump sum payments at retirement. However, this legislation
does not change any benefit calculations of the New York State and Local
Employees' Retirement System (ERS). Therefore, there would not be a cost
to ERS.
This estimate, dated January 19, 2010, and intended for use only
during the 2010 Legislative Session, is Fiscal Note No. 2010-81,
prepared by the Actuary for the New York State and Local Employees'
Retirement System.
