S T A T E O F N E W Y O R K
________________________________________________________________________
6448--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
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Introduced by M. of A. McENENY, HOYT -- Multi-Sponsored by -- M. of A.
HOOPER, MARKEY, ORTIZ, PHEFFER -- read once and referred to the
Committee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 teach-
ing service rendered with the association of retarded citizens
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 RENDERED IN THE
EMPLOY OF THE ASSOCIATION OF RETARDED CITIZENS 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. NOTHING HEREIN SHALL AUTHORIZE OR
REQUIRE THE SYSTEM TO CREDIT SERVICE WHERE NOT PERMITTED BY SECTION
415(N) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
S 2. Section 446 of the retirement and social security law is amended
by adding a new subdivision k to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00958-03-0
A. 6448--A 2
K. 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 RENDERED IN THE
EMPLOY OF THE ASSOCIATION OF RETARDED CITIZENS 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 APPLICA-
BLE 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 GOVERN-
MENT. NOTHING HEREIN SHALL AUTHORIZE OR REQUIRE THE SYSTEM TO CREDIT
SERVICE WHERE NOT PERMITTED BY SECTION 415(N) OF THE INTERNAL REVENUE
CODE OF 1986, AS AMENDED.
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 RENDERED IN THE
EMPLOY OF THE ASSOCIATION OF RETARDED CITIZENS 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 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
TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT. NOTHING HEREIN
SHALL AUTHORIZE OR REQUIRE THE SYSTEM TO CREDIT SERVICE WHERE NOT
PERMITTED BY SECTION 415(N) OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED.
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 RENDERED IN THE
EMPLOY OF THE ASSOCIATION OF RETARDED CITIZENS 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 EQUIVALENT TO THE RULES AND REGU-
LATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO
THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY
A. 6448--A 3
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. NOTHING HEREIN SHALL AUTHORIZE OR REQUIRE
THE SYSTEM TO CREDIT SERVICE WHERE NOT PERMITTED BY SECTION 415(N) OF
THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
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 TEN, 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 RENDERED IN THE
EMPLOY OF THE ASSOCIATION OF RETARDED CITIZENS WHICH WOULD CONSTITUTE
SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN
EMPLOYER SUBJECT TO THE PROVISIONS OF THIS TITLE. 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. NOTHING HEREIN SHALL AUTHORIZE OR
REQUIRE THE SYSTEM TO CREDIT SERVICE WHERE NOT PERMITTED BY SECTION
415(N) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
S 7. This act shall take effect immediately and shall be in full
force and effect on and after June 30, 2010.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill amends subdivision 2 of 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 Teachers' Retirement System to
receive service credit for up to ten years of prior teaching service
credit for up to ten years of prior teaching service rendered with the
Association of Retarded Citizens. Tier 3, Tier 4, and Tier 5 members
must make payments for such credit in accordance with section 517 and
section 613 and paragraph 2 of subdivision b of section 609 of the
Retirement and Social Security Law.
It is not possible to determine the total 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 cost to the employers of members of
the New York State Teachers' Retirement System is estimated to be
$18,800 per year of service credited if this bill is enacted.
The source of this estimate is Fiscal Note 2010-23 dated March 26,
2010 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2010 Legislative Session.