S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6084--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. PAULIN, ABBATE, SCHMITT -- read once and referred
   to  the  Committee  on Governmental Employees -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   service credit for unpaid maternity leave  for  a  Westchester  county
   correction officer or deputy commissioner
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 89-e 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 TO THE CONTRARY, AN
 ACTIVE MEMBER WHOSE TENURE WITH WESTCHESTER COUNTY AS A CORRECTION OFFI-
 CER OR DEPUTY COMMISSIONER WHO HAS ELECTED TO PARTICIPATE  IN  THE  PLAN
 ESTABLISHED  PURSUANT TO THIS SECTION INCLUDES ONE OR MORE UNPAID MATER-
 NITY OR BONDING LEAVES OF ABSENCE FOR WHICH SUCH MEMBER DID NOT  RECEIVE
 SERVICE  CREDIT,  SHALL  BE  ELIGIBLE TO PURCHASE SERVICE CREDIT FOR ALL
 SUCH LEAVES OF ABSENCE UP TO A MAXIMUM OF THREE YEARS, AS LONG  AS  SUCH
 MEMBER  HAS RETURNED TO THE PAST EMPLOYMENT COVERED BY THIS SECTION, AND
 PROVIDED THAT (1) AT THE TIME OF ANY SUCH LEAVE OF ABSENCE, SUCH  MEMBER
 WAS SUBJECT TO THE PROVISIONS OF THIS SECTION, (2) SUCH MEMBER ELECTS TO
 PURCHASE  SERVICE CREDIT FOR SUCH LEAVES OF ABSENCE, (3) SUCH MEMBER HAS
 AT LEAST FIVE YEARS OF CREDITABLE SERVICE AT THE TIME THAT  SUCH  MEMBER
 ELECTS  TO  PURCHASE  SUCH SERVICE CREDIT, AND (4) SUCH MEMBER AGREES TO
 PAY THE ACTUAL PRESENT VALUE OF THE  COST  OF  SUCH  ADDITIONAL  SERVICE
 CREDIT.    ANY SERVICE CREDITED TO A MEMBER PURSUANT TO THIS SUBDIVISION
 SHALL BE DEEMED TO BE  CREDITABLE  SERVICE  AND  SHALL  BE  INCLUDED  IN
 COMPUTING  YEARS  OF  TOTAL  SERVICE  FOR  RETIREMENT  PURSUANT  TO THIS
 SECTION.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04259-08-1

 A. 6084--A                          2
 
   This bill would  allow  any  Westchester  County  Correction  Officers
 covered  by  the provisions of Section 89-e of the Retirement and Social
 Security Law (RSSL) to be eligible for service credit with the New  York
 State  and  Local  Employees'  Retirement System (ERS) for any period of
 unpaid maternity or bonding leave of absence, so long as such member has
 returned  to paid employment in a position covered by RSSL Section 89-e.
 The amount of service credit that may be  purchased  for  such  parental
 leave  is  capped  at  three  years.  In addition, such member must have
 accrued at least five years of service credit to be eligible to purchase
 the additional service credit.
   This bill would not be consistent with the Retirement System's  policy
 that  service  credit may only be granted for service for which a salary
 has been paid.
   If this bill is enacted during the 2021  legislative  session,  it  is
 estimated  that  the past service cost will average approximately 18% of
 an affected member's salary for each year of additional service that  is
 credited.  This  cost  will  be borne by the member electing to purchase
 such service credit.
   The exact number of current members as  well  as  future  members  who
 could be affected by this legislation cannot be readily determined.
   Since  a member can apply for this service credit at any time prior to
 retirement, a precise cost cannot be determined until  each  member,  as
 well  as  future  members, applies for the service credit. When a member
 applies, an actuarial calculation will  be  required  to  determine  the
 present value of the cost of such additional service credit.
   Summary of relevant resources:
   Membership  data as of March 31, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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 actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated June 2, 2021, and intended for  use  only  during
 the  2021  Legislative Session, is Fiscal Note No. 2021-149, prepared by
 the Actuary for the New York State and Local Retirement System.