senate Bill S3867A

Vetoed

Relates to the deferral of vacation days for certain members of the retirement systems

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Co-Sponsors

Bill Status


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

  • 25 / Feb / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1332
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 29 / Jan / 2014
    • PRINT NUMBER 3867A
  • 28 / Apr / 2014
    • 1ST REPORT CAL.388
  • 29 / Apr / 2014
    • 2ND REPORT CAL.
  • 30 / Apr / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A6780A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.530
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • VETOED MEMO.557

Summary

Permits deferral of vacation days for certain members of the retirement system.

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Bill Details

See Assembly Version of this Bill:
A6780A
Versions:
S3867
S3867A
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §89, R & SS L
Versions Introduced in 2011-2012 Legislative Cycle:
S7495

Sponsor Memo

BILL NUMBER:S3867A

TITLE OF BILL: 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

PURPOSE:

To allow State Correctional Officers and Security Hospital Treatment
Assistants to voluntarily defer up to five vacation days

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends § 89 of the Retirement and Social
Security Law to authorize State Correctional Officers and Security
Hospital Treatment Assistants to voluntarily defer up to five vacation
days per year and receive a lump sum payment equal to the value of the
time deferred upon retirement. The bill specifically prohibits the
inclusion of such lump sum payment in the calculation of final average
salary. Section 2 of the bill provides an immediate effective date.

EXISTING LAW:

Under current law, Correctional Officers employed by the Department of
Correctional Services and Security Hospital Treatment Assistants
employed by the Office of Mental Health are not authorized to
voluntarily defer such vacation time.

JUSTIFICATION:

State Correctional Officers and Security Hospital Treatment Assistants
work in extremely stressful and dangerous environments. Correctional
Officers maintain the safety and security within our State's prison
system and are charged with the care custody and control of the
State's inmate population. Security Hospital Treatment Assistants are
charged with supervising some of the most dangerous people in society
- those who have committed crimes but who have been determined by the
courts to be criminally insane.

This legislation simply establishes a new savings mechanism by
affording these hard working civil servants an opportunity to defer
vacation time which has already accrued so that such time can be paid
out in a lump sum at the time of retirement. Any such vacation time
which is deferred and paid out at retirement cannot be utilized in the
calculation of final average salary, per this legislation. As such,
there is no fiscal impact to the State's Retirement System.

FISCAL IMPLICATIONS:

None (see attached fiscal note).

EFFECTIVE DATE:

Immediately.

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

                                 3867--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 25, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, GIPSON -- 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  commit-
  tee

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:

  Section 1. Section 89 of the retirement and  social  security  law  is
amended by adding a new subdivision l to read as follows:
  L.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
LAW, CODE, RESOLUTION OR CHARTER TO  THE  CONTRARY,  UNIFORMED  PERSONS,
UNIFORMED  PERSONNEL,  OR  SECURITY  HOSPITAL  TREATMENT  ASSISTANTS  AS
DEFINED IN SUBDIVISION I OF THIS SECTION SHALL BE AFFORDED THE OPTION OF
POSTPONING THE USE OF UP TO FIVE VACATION DAYS PER  YEAR  AND  TAKING  A
MONETARY  PAYMENT  IN LIEU THEREOF ON THE DATE OF RETIREMENT, SEPARATION
FROM SERVICE, OR ON THE DATE THE MEMBER BECOMES  INELIGIBLE  TO  RECEIVE
THE BENEFITS PROVIDED BY THIS SECTION BY REASON OF TERMINATION, TRANSFER
TO  A DIFFERENT TITLE OR FOR ANY OTHER REASON WHICH WOULD OTHERWISE DEEM
THE MEMBER INELIGIBLE TO RECEIVE SUCH BENEFITS, AT THE PAY RATE APPLICA-
BLE TO SUCH MEMBER ON THE DATE OF SUCH MEMBER'S  RETIREMENT  OR  ON  THE
DATE  SUCH MEMBER BECOMES INELIGIBLE TO RECEIVE THE BENEFITS PROVIDED BY
THIS SECTION BY REASON OF SEPARATION OF SERVICE,  TERMINATION,  TRANSFER
TO  A  DIFFERENT  TITLE  OR FOR ANY OTHER REASON.  SUCH MONETARY PAYMENT
SHALL NOT BE UTILIZED IN THE DETERMINATION OF FINAL AVERAGE  SALARY  FOR
ANY SUCH MEMBER WHO SO ELECTS TO POSTPONE VACATION DAYS PURSUANT TO THIS
SUBDIVISION.  ANY  SUCH  MEMBER  WISHING TO POSTPONE THE USE OF VACATION
DAYS PURSUANT TO THIS SUBDIVISION SHALL ELECT SUCH  POSTPONEMENT  ON  AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07379-03-4

S. 3867--A                          2

ANNUAL  BASIS  BY  CERTIFYING TO THE DIRECTOR OF PERSONNEL OF HIS OR HER
RESPECTIVE EMPLOYER OF HIS OR HER INTENTION TO DO SO IN SUCH MANNER  AND
FORM AS THE RESPECTIVE DIRECTOR SHALL SO REQUIRE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  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 on their  dates  of  retirement,  separation
from  service,  termination  or transfer to a different title. The addi-
tional payment may not be included in the members' final average salary.
Therefore, this legislation does not change any benefit calculations  of
the  New  York  State  and Local Employees' Retirement System (ERS), and
there would not be a cost.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  Annual  Report  to  the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication  Standards  to  render  the  statement  of  actuarial   opinion
contained herein.
  This  estimate,  dated  October  29,  2013,  and intended for use only
during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-29,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

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