Bill Text: NY S07639 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Establishes an age 55/25 temporary retirement incentive for certain public employees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-25 - PRINT NUMBER 7639A [S07639 Detail]

Download: New_York-2015-S07639-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7639
                    IN SENATE
                                      May 11, 2016
                                       ___________
        Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
        AN ACT to provide temporary  retirement  incentive  for  certain  public
          employees
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act enacts into law  components  of  legislation  that
     2  would  establish an age 55/25 temporary retirement incentive for certain
     3  public employees.
     4    § 2. Legislative findings. The legislature finds and declares that the
     5  retirement benefit for certain public employees who are above age 55 and
     6  with 25 years of service provided for in this act is intended only to be
     7  temporary in nature for employees who are eligible to receive and quali-
     8  fy for the applicable benefit during the applicable time periods  speci-
     9  fied  in  this  act.  Further, nothing in this act shall be construed to
    10  create an expectation of a future continuing retirement benefit for  any
    11  public  employee  who  is  not  eligible  to receive and qualify for the
    12  retirement benefits herein during the applicable time periods.
    13    § 3. Definitions. As used in this  act,  unless  the  context  clearly
    14  requires otherwise:
    15    (a)  "Retirement system" means the New York state teachers' retirement
    16  system.
    17    (b) "Teachers' retirement system" means the New York  state  teachers'
    18  retirement system.
    19    (c)  "Educational  employer" means a participating employer which is a
    20  school district, a board of cooperative educational  services,  a  voca-
    21  tional education and extension board, an institution for the instruction
    22  of the deaf and of the blind as enumerated in section 4201 of the educa-
    23  tion law, or a school district as enumerated in section 1 of chapter 566
    24  of the laws of 1967, as amended.
    25    (d)  "Eligible  employee" means a person who is a member of the teach-
    26  ers' retirement system, who is an employee of an  educational  employer,
    27  who holds a position represented by the recognized collective bargaining
    28  units affiliated with the New York state united teachers employee organ-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11309-07-6
        S. 7639                             2
     1  ization  as  certified  by his or her employer, and who has attained the
     2  age of fifty-five and has  at  least  twenty-five  years  of  creditable
     3  service in the retirement system.
     4    (e)  "Active  service"  means service while being paid on the payroll,
     5  provided that (i) a leave of absence with pay  shall  be  deemed  active
     6  service;  (ii)  other  approved  leave  without pay not to exceed twelve
     7  weeks from March 1, 2016 and the commencement  of  the  designated  open
     8  period;  and (iii) the period of time subsequent to the June 2016 school
     9  term and on or before August 31, 2016 for a teacher (or  other  employee
    10  as  defined  in this act, employed on a school-year basis) who is other-
    11  wise in active service on the effective date of this act shall be deemed
    12  active service.
    13    (f) "Open period" means the period  beginning  with  the  commencement
    14  date  as defined in subdivision (g) of this section and shall be 60 days
    15  in length. For educational employers who make election  after  June  30,
    16  2016,  the  open period shall begin immediately after such election, and
    17  shall not extend beyond August 31, 2016. For the purposes of  retirement
    18  pursuant  to  this  act,  a service retirement application must be filed
    19  with the appropriate retirement system not less than 14  days  prior  to
    20  the  effective  date of retirement to become effective, unless a shorter
    21  time period is permitted under law.
    22    (g) "Commencement date" means the first  day  the  retirement  benefit
    23  mandated by this act shall be made available, which shall mean a date or
    24  dates on or after the effective date of this act to be determined by the
    25  educational  employer  which  elects  to participate pursuant to section
    26  four of this act, but no sooner than June 30, 2016.
    27    § 4. On or after June 30, 2016 an educational employer  may  elect  to
    28  provide its employees the retirement incentive authorized by this act by
    29  the  adoption  of  a  resolution  of  its governing body. A copy of such
    30  resolution shall be filed with the appropriate  retirement  system.  The
    31  resolution  shall  be  accompanied  by the affidavit of the school board
    32  president or trustee or other comparable official certifying the validi-
    33  ty of such resolution.
    34    § 5. Notwithstanding any other provision of law, any eligible employee
    35  serving in an eligible title who (a) has been continuously in the active
    36  service of an educational employer who has elected to participate in the
    37  retirement incentive provided in section six of this  act,  pursuant  to
    38  section  four  of  this  act, from March 1, 2016 to the date immediately
    39  prior to the commencement date of the applicable open period, (b)  files
    40  an  application for service retirement that is effective during the open
    41  period, and (c) is otherwise eligible for a service retirement as of the
    42  effective date of the application for retirement shall  be  entitled  to
    43  the retirement benefit provided in section six of this act.
    44    § 6. Notwithstanding any other provision of law, any eligible employee
    45  who  is:  (a) a member of the teachers' retirement system, and (b) enti-
    46  tled to retirement benefits pursuant to section five  of  this  act  may
    47  retire  during  the  open  period  without  the  reduction of his or her
    48  retirement benefit that would otherwise be imposed by article 11  or  15
    49  of  the retirement and social security law if he or she has attained the
    50  age of 55 and has completed at least 25  or  more  years  of  creditable
    51  service.  An eligible employee who is covered by the provisions of arti-
    52  cle 11 or 15 of the retirement and  social  security  law  shall  retire
    53  under  the  provisions  of article 11 or 15 of the retirement and social
    54  security law.
    55    § 7. The pension benefit costs of section six of  this  act  shall  be
    56  paid  by  employers  as  provided  by  applicable law for the retirement
        S. 7639                             3
     1  system covered by this act over  a  period  not  to  exceed  five  years
     2  commencing in the state fiscal year ending March 31, 2018.
     3    §  8.  Notwithstanding any other provision of law, this act shall have
     4  no impact on retirement incentives, options or  inducements  offered  as
     5  part  of  a  contractual  agreement  between an eligible employee and an
     6  educational employer which were negotiated prior to the  effective  date
     7  of this act.
     8    §  9. Severability clause.  If any clause, sentence, paragraph, subdi-
     9  vision, section or part of this act shall be adjudged by  any  court  of
    10  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    11  impair, or invalidate the remainder thereof, but shall  be  confined  in
    12  its  operation  to the clause, sentence, paragraph, subdivision, section
    13  or part thereof directly involved in the controversy in which such judg-
    14  ment shall have been rendered. It is hereby declared to be the intent of
    15  the legislature that this act would  have  been  enacted  even  if  such
    16  invalid provisions had not been included herein.
    17    § 10. This act shall take effect immediately.