S T A T E O F N E W Y O R K
________________________________________________________________________
8510
2009-2010 Regular Sessions
I N A S S E M B L Y
May 26, 2009
___________
Introduced by M. of A. ABBATE, PHEFFER, COLTON -- Multi-Sponsored by --
M. of A. SALADINO -- read once and referred to the Committee on
Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
creditable service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision i of section 41 of the retire-
ment and social security law is amended by adding a new subparagraph (e)
to read as follows:
(E) A MEMBER OF A RETIREMENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE
PLACED ON AN AUTHORIZED LEAVE WITHOUT PAY DURING THE COURSE OF AN
ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR DISEASE FOUND TO BE
COMPENSABLE BY THE WORKERS' COMPENSATION BOARD SHALL BE ELIGIBLE FOR
RETIREMENT CREDIT FOR SERVICE WHILE ON SAID LEAVE.
THE RETIREMENT CREDIT PROVIDED FOR BY THIS SUBPARAGRAPH SHALL APPLY TO
A PERIOD OF AUTHORIZED LEAVE WITHOUT PAY OCCURRING DURING THE FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
S 2. Paragraph 1 of subdivision i of section 341 of the retirement and
social security law is amended by adding a new subparagraph (e) to read
as follows:
(E) A MEMBER OF A RETIREMENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE
PLACED ON AN AUTHORIZED LEAVE WITHOUT PAY DURING THE COURSE OF AN
ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR DISEASE FOUND TO BE
COMPENSABLE BY THE WORKERS' COMPENSATION BOARD SHALL BE ELIGIBLE FOR
RETIREMENT CREDIT FOR SERVICE WHILE ON SAID LEAVE.
THE RETIREMENT CREDIT PROVIDED FOR BY THIS SUBPARAGRAPH SHALL APPLY TO
A PERIOD OF AUTHORIZED LEAVE WITHOUT PAY OCCURRING DURING THE FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11771-02-9
A. 8510 2
S 3. Subdivision c of section 446 of the retirement and social securi-
ty law, as amended by chapter 426 of the laws of 1974 and as relettered
by chapter 465 of the laws of 1980, is amended to read as follows:
c. Creditable service. 1. A member of a retirement system who is
subject to the provisions of this article shall not be eligible to
obtain retirement credit for service with a public employer other than
the state of New York, a political subdivision thereof, a public benefit
corporation, or a participating employer; provided, however, military
service with the federal government may be credited pursuant to section
two hundred forty-three of the military law up to a maximum of four
years; and further provided that retirement credit may be granted for
service with an agency located within the state of New York currently
specified in the law as providing retirement credit for service.
2. A MEMBER OF A RETIREMENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE
PLACED ON AN AUTHORIZED LEAVE WITHOUT PAY DURING THE COURSE OF AN
ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR DISEASE FOUND TO BE
COMPENSABLE BY THE WORKERS' COMPENSATION BOARD SHALL BE ELIGIBLE FOR
RETIREMENT CREDIT FOR SERVICE WHILE ON SAID LEAVE. THE RETIREMENT CRED-
IT PROVIDED FOR BY THIS PARAGRAPH SHALL APPLY TO A PERIOD OF AUTHORIZED
LEAVE WITHOUT PAY OCCURRING DURING THE FIRST TWELVE MONTHS OF ABSENCE
RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
S 4. Subdivision c of section 513 of the retirement and social securi-
ty law is amended by adding a new paragraph 3 to read as follows:
3. A MEMBER PLACED ON AN AUTHORIZED LEAVE WITHOUT PAY DURING THE
COURSE OF AN ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR DISEASE
FOUND TO BE COMPENSABLE BY THE WORKERS' COMPENSATION BOARD SHALL BE
ELIGIBLE TO OBTAIN CREDIT FOR SERVICE WHILE ON SAID LEAVE.
(I) ANY REQUIRED EMPLOYEE CONTRIBUTION RELATING TO THE RETIREMENT
CREDIT PROVIDED BY THIS PARAGRAPH SHALL BE PAID DIRECTLY BY SUCH EMPLOY-
EE TO THE RETIREMENT SYSTEM PURSUANT TO THE RULES AND REGULATIONS OF THE
COMPTROLLER.
(II) THE RETIREMENT CREDIT PROVIDED FOR BY THIS PARAGRAPH SHALL APPLY
TO A PERIOD OF AUTHORIZED LEAVE WITHOUT PAY OCCURRING DURING THE FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
S 5. Subdivision c of section 609 of the retirement and social securi-
ty law, as added by chapter 414 of the laws of 1983, is amended to read
as follows:
c. Creditable service. 1. Other than previous service, a member shall
only be eligible to obtain credit for active service with a participat-
ing employer; provided, however, military service with the federal
government may be credited pursuant to section two hundred forty-three
of the military law up to a maximum of four years.
2. A MEMBER PLACED ON AUTHORIZED LEAVE WITHOUT PAY DURING THE COURSE
OF AN ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR DISEASE FOUND TO
BE COMPENSABLE BY THE WORKERS' COMPENSATION BOARD SHALL BE DEEMED TO BE
IN ACTIVE SERVICE FOR PURPOSES OF OBTAINING CREDIT FOR SERVICE WHILE ON
SAID LEAVE.
(I) ANY REQUIRED EMPLOYEE CONTRIBUTION RELATING TO THE RETIREMENT
CREDIT PROVIDED BY THIS PARAGRAPH SHALL BE PAID DIRECTLY BY SUCH EMPLOY-
EE TO THE RETIREMENT SYSTEM PURSUANT TO THE RULES AND REGULATIONS OF THE
COMPTROLLER.
(II) THE RETIREMENT CREDIT PROVIDED FOR BY THIS PARAGRAPH SHALL APPLY
TO A PERIOD OF AUTHORIZED LEAVE WITHOUT PAY OCCURRING DURING THE FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
S 6. This act shall take effect immediately provided that paragraph 3
of subdivision c of section 513 of the retirement and social security
A. 8510 3
law as added by section four of this act and the amendment to subdivi-
sion c of section 609 of such law made by section five of this act shall
expire on the same date as such sections expire pursuant to section 615
of such law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow certain members of the New York State and Local
Employees' Retirement System (NYS&LERS) and the New York State and Local
Police and Fire Retirement System (NYS&LPFRS) who are placed on author-
ized leave without pay during the course of an injury or disease found
to be compensable by the Workers' Compensation Board to receive service
credit for the first 12 months of such leave. This benefit is currently
available to all Tier 1 members, and Tiers 2, 3 and 4 members who are
employed by New York State.
If this bill is enacted, assuming full salary will be reported by the
employers of affected Tiers 2, 3 and 4 non-state members, there would be
an increase in the annual billing of those employers based on the salary
that would have been earned as if the members who are on Workers'
Compensation were on the payroll. In addition, non-state Tiers 3 and 4
members with less than 10 years of membership would be required to make
3% member contributions as though they were still earning salary for the
first 12 months of such leave.
This estimate, dated May 13, 2009, and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-251, prepared by
the Actuary for the NYS&LERS and the NYS&LPFRS.