senate Bill S5406A

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

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Sponsor

Bill Status


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

  • 16 / May / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 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 5406A

Summary

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

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Bill Details

Versions:
S5406
S5406A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง89, R & SS L

Sponsor Memo

BILL NUMBER:S5406A

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: This bill would allow uniformed persons, uniformed
personnel, or security hospital treatment assistants 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

SUMMARY OF PROVISIONS: This bill amends the retirement and social
security law, by adding a new subdivision 89-1

JUSTIFICATION: Employees should have the option of postponing the use
of some of their vacation days each year and taking a monetary payment
at retirement. As vacation days are earned by, and earned through an
employee's work, should an employee opt not to use their vacation days
throughout the year they should be entitled to receive compensation at
the end of their employment. In addition, when an uniformed employee
takes a vacation day, the employer must have a replacement on duty,
often at a wage that is higher than standard pay, which means the
employer is incurring additional costs. The employee deferral of the
vacation day is a financial benefit for the state that should be
incentivized.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: See the bill.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 5406--A

                       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
  -- 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. SUCH PAYMENT SHALL BE MADE ON THE DATE
OF SUCH MEMBER'S 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.   SUCH PAYMENT SHALL BE  MADE  AT  THE  PAY  RATE
APPLICABLE  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,  TRANS-
FER  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09077-02-4

S. 5406--A                          2

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.

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