S T A T E O F N E W Y O R K
________________________________________________________________________
8670
2009-2010 Regular Sessions
I N A S S E M B L Y
June 3, 2009
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to a vacation
exchange option
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section
130-a to read as follows
S 130-A. VACATION EXCHANGE OPTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, EFFECTIVE APRIL FIRST, TWO THOUSAND TEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, STATE EMPLOYEES, AS DEFINED
HEREIN, WHO ARE ENTITLED TO EARN AND ACCUMULATE VACATION CREDITS MAY
ONCE PER FISCAL YEAR ELECT TO RECEIVE CASH PAYMENT IN EXCHANGE FOR SUCH
EARNED AND ACCUMULATED CREDITS IN UNITS OF FULL DAYS UP TO A MAXIMUM OF
FIVE DAYS, PROVIDED THAT AT THE TIME OF SUCH ELECTION SUCH EARNED AND
ACCUMULATED CREDITS TOTAL THIRTY-FIVE OR MORE DAYS, AND PROVIDED FURTHER
THAT THE AVAILABILITY OF SUCH VACATION EXCHANGE SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET FOR EACH RESPEC-
TIVE STATE FISCAL YEAR. VACATION CREDITS DESIGNATED FOR SUCH AN EXCHANGE
SHALL BE SEGREGATED FROM THE EMPLOYEE'S ACCRUED VACATION CREDITS FOR
FUTURE CASH PAYMENT AND SUCH DAYS SHALL NOT BE INCLUDED IN THE ACCRUED
CREDITS OF THE EMPLOYEE FOR THE PURPOSES OF DISALLOWING SUBSEQUENT VACA-
TION CREDITS WITHIN THE LIMITS OTHERWISE PRESCRIBED. THE ELECTION OF
SUCH AN EXCHANGE SHALL BE MADE ANNUALLY BY THE LAST DAY OF THE PAYROLL
PERIOD WHICH INCLUDES JULY FIRST. SUCH PAYMENT FOR EXCHANGED CREDITS
SHALL BE MADE DURING THE FIRST WEEK OF DECEMBER OF THE YEAR OF SUCH
EXCHANGE AT A RATE DETERMINED BY THE EMPLOYEE'S SALARY IN EFFECT ON
OCTOBER FIRST OF THE YEAR OF SUCH PAYMENT. SUCH COMPENSATION SHALL BE
PAID IN ADDITION TO AND SHALL NOT BE PART OF AN EMPLOYEE'S BASIC ANNUAL
SALARY, NOR SHALL IT BE CONSIDERED SALARY FOR THE PURPOSE OF COMPUTING
RETIREMENT BENEFITS. FOR THE PURPOSES OF THIS SECTION, "STATE EMPLOYEES"
SHALL MEAN STATE OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH OF THE
STATE OF NEW YORK.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14135-01-9