S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
Introduced by Sen. GIPSON -- 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
the deferral of vacation days for certain members of the retirement
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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5406 2
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 to ERS.
Summary of relevant resources:
Data: March 31, 2012 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated November 2, 2012, and intended for use only
during the 2013 Legislative Session, is Fiscal Note No. 2013-4, prepared
by the Actuary for the New York State and Local Employees' Retirement