senate Bill S140

Permits N.Y. state and N.Y. city teachers' retirement system members to claim retirement credit for up to 10 years of federal teaching service

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 04 / Jan / 2012
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Permits New York state teachers' and New York city teachers' retirement system members to obtain retirement credit for up to ten years of federal teaching service, including service with VISTA, Head Start and the Peace Corps, if such service would constitute service as a teacher had it been performed within NYS for a participating employer; provides that no such credit shall be allowed for any service for which the person is receiving a benefit or will be entitled to receive a benefit from some other public or private retirement system.

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Bill Details

Versions:
S140
Legislative Cycle:
2011-2012
Current Committee:
Senate Civil Service And Pensions
Law Section:
Education Law
Laws Affected:
Amd §509, Ed L; amd §§446, 513 & 609, R & SS L; amd §13-505, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Cycle:
S3406

Sponsor Memo

BILL NUMBER:S140

TITLE OF BILL:
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 teachers'
retirement systems to claim retirement credit for certain federal
teaching service

PURPOSE:
This bill would allow members of the Teachers' Retirement System to
claim credit for up to ten years of teaching service rendered while
in the employ of the Federal Government, including service in the
Peace Corps, Head Start and VISTA.

SUMMARY OF PROVISIONS:
This bill would amend section 509 of the Education law and sections
446, 513, and 609 of the Retirement and Social Security Law to permit
members of the New York State Teacher's Retirement System to claim up
to ten years of federal teaching service.

JUSTIFICATION:
Since the retirement system was established in 1921,
Tier I members of the New York State Teachers' Retirement System have
been able to claim credit for up to ten years of public school
teaching service performed in another state. However, if a member was
employed by the Federal Government and taught in either another state
or even in New York State, he/she is denied the retirement credit. An
example would be teaching in the elementary schools at the Military
Academy at West point, or service in organizations such as Head
Start, the Peace Corps and VISTA. The knowledge and experience gained
through these experiences is of great benefit to New York State's
students and educational system. Enactment of this bill would correct
this inequity by allowing such Tier I members to claim retirement
credit for teaching service rendered while in the employ of the
Federal Government. This bill also extends the provisions of claiming
credit for federal teaching service to Tier II, III, and IV members.

LEGISLATIVE HISTORY:
A.8944/S.6166 of 1996-97; Referred to Senate civil Service and
Pensions Committee
A.3390/S.2157 of 1998-99; Referred to Senate Civil
Service and Pensions Committee
A.4977/S.4702 of 1999-2000; Referred
to Senate Civil Service and Pensions Committee
A.5656A/S.6200 of 2001-2002; Referred to Senate Civil Service and
Pensions Committee
S.3250/A.6178B of 2003-2004; Referred to Senate
Civil Service and pensions Committee
S.3233A/A.8752A of 2005/2006;
Referred to Senate Civil Service and pensions Committee
S.3406 of 2009/2010; Referred to Senate Civil Service
and Pensions Committee

FISCAL IMPLICATIONS:


It is not possible to determine the annual cost to the employers of
members of the New York state Teachers' Retirement System since the
total amount of service credit which Would be claimed under this bill
cannot be estimated. However, the additional cost to the employers of
members of the New York state Teachers' Retirement system is estimated
to be $17,900 per year of service credited if this bill is enacted.

EFFECTIVE DATE:
This act shall take effect June 30, 2012, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   140

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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 federal
  teaching service

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of  section  509  of  the  education  law  is
amended by adding a new paragraph d to read as follows:
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE ENTI-
TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY
SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT, INCLUDING
SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE
SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN
EMPLOYER SUBJECT TO THE PROVISIONS OF THIS  ARTICLE.  THE  CREDITING  OF
SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND
REGULATIONS  AS  SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT
SUCH RULES AND REGULATIONS SHALL  BE  SUBSTANTIALLY  EQUIVALENT  TO  THE
RULES  AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE
PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO  SUCH  CREDIT  SHALL  BE
ALLOWED  FOR  ANY SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR
WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER
PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY  OTHER
STATE OR FROM THE FEDERAL GOVERNMENT.
  S  2. Section 446 of the retirement and social security law is amended
by adding a new subdivision k to read as follows:
  K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01058-01-1

S. 140                              2

ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS  OF  THIS  ARTICLE.  THE
CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
WITH  RULES  AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD
OF SUCH RETIREMENT SYSTEM, PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS
SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
APPLICABLE  FOR  THE  CREDITING  OF  SERVICE  PURSUANT  TO THIS SECTION.
PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY  SERVICE  FOR
WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A
BENEFIT  AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT
SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE  OR  FROM  THE  FEDERAL
GOVERNMENT.
  S  3. Section 513 of the retirement and social security law is amended
by adding a new subdivision i to read as follows:
  I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL  BE
ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
STATE  FOR  AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE,
PROVIDED SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO  THE
PROVISIONS  OF SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE. THE CRED-
ITING OF SERVICE PURSUANT TO THIS SUBDIVISION  SHALL  BE  IN  ACCORDANCE
WITH  RULES  AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD
OF SUCH RETIREMENT SYSTEM, PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS
SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
APPLICABLE  FOR  THE  CREDITING  OF  SERVICE  PURSUANT  TO THIS SECTION.
PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY  SERVICE  FOR
WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A
BENEFIT  AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT
SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE  OR  FROM  THE  FEDERAL
GOVERNMENT.
  S  4. Section 609 of the retirement and social security law is amended
by adding a new subdivision h to read as follows:
  H. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL  BE
ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
STATE  FOR  AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE,
PROVIDED SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO  THE
PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE AND PARAGRAPH
TWO  OF SUBDIVISION B OF THIS SECTION. THE CREDITING OF SERVICE PURSUANT
TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
SHALL BE ADOPTED BY THE RETIREMENT  BOARD  OF  SUCH  RETIREMENT  SYSTEM,
PROVIDED  THAT  SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV-
ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE  CREDIT-
ING  OF  SERVICE  PURSUANT TO THIS SECTION.   PROVIDED, HOWEVER, NO SUCH
CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS  RECEIV-
ING  A  BENEFIT  OR  WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE

S. 140                              3

TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
  S  5.  Subparagraph  (d)  of  paragraph  3 of subdivision a of section
13-505 of the administrative code of the city of New York is amended  to
read as follows:
  (d)  Credit  for  such  prior service up to a maximum of fifteen years
shall be given only if application and payment therefor is made  by  the
contributor  within the first four years subsequent to membership in the
New York city teachers' retirement system  or  before  December  thirty-
first,  [nineteen  hundred sixty-nine] TWO THOUSAND TWELVE, whichever is
later.
  S 6. Subdivision a of section 13-505 of the administrative code of the
city of New York is amended by adding a new  paragraph  10  to  read  as
follows:
  10.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, A MEMBER SHALL BE
ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS  OF  THIS  CHAPTER.  THE
CREDITING  OF  SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE
WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT  BOARD,
PROVIDED  THAT  SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV-
ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE  CREDIT-
ING  OF  SERVICE  PURSUANT TO THIS SECTION.   PROVIDED, HOWEVER, NO SUCH
CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS  RECEIV-
ING  A  BENEFIT  OR  WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE
TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
  S 7. This act shall take effect June 30, 2012.

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