S T A T E   O F   N E W   Y O R K
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                                  7169

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  allowing members of the New York  state  and  local  police  and  fire
  retirement  system  to obtain retirement credit for certain periods of
  child care leave

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 341-a to read as follows:
  S  341-A.  SERVICE  CREDIT;  CHILD  CARE  LEAVE.   NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, ANY MEMBER WHO IS ABSENT  WITHOUT  PAY
FOR  CHILD  CARE  LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF ANY POLICE
DEPARTMENT OR FIRE DEPARTMENT IN THE STATE OF NEW YORK SHALL BE ELIGIBLE
FOR CREDIT FOR SUCH PERIOD OF CHILD CARE  LEAVE,  PROVIDED  SUCH  MEMBER
FILES  A  CLAIM  FOR  SUCH  SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY
DECEMBER THIRTY-FIRST, TWO THOUSAND NINE OR WITHIN NINETY DAYS FOLLOWING
TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTES
TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB-
UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH  INTEREST
THEREON.  SERVICE  CREDIT  PROVIDED  PURSUANT  TO THIS SECTION SHALL NOT
EXCEED ONE YEAR OF CREDIT FOR  EACH  PERIOD  OF  AUTHORIZED  CHILD  CARE
LEAVE.  IN  THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
SECTION AND THE PROVISIONS  OF  ANY  OTHER  LAW  TO  THE  CONTRARY,  THE
PROVISIONS OF THIS SECTION SHALL GOVERN.
  ANY SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE:
  A.  "POLICE  OR  FIRE  SERVICE" AS SUCH TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION THREE HUNDRED TWO OF THIS ARTICLE; AND
  B. "TOTAL CREDITABLE SERVICE" FOR THE PURPOSE OF DETERMINING  ENTITLE-
MENT  TO RETIRE PURSUANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN TITLE
TEN OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10535-01-9
              

A. 7169                             2

  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant additional service credit for members of the New
York  State  and  Local Police and Fire Retirement System who are absent
without pay for child care leaves of absence.  Such  additional  service
credit  shall  not  exceed  one  year  per  period  of child care leave.
Members would not be required to make any  payment  for  the  additional
service credit granted by this bill.
  The  number  of  members  who would be affected by this bill cannot be
readily determined.
  If this bill is enacted, there would be  a  past  service  cost  which
would  depend upon the number of members affected and upon each member's
age, salary, credited service, periods of child care leaves, plan cover-
age and tier. It is estimated that the past service  cost  will  average
approximately  20% of an affected member's compensation for each year of
additional service. However, for an individual member who purchases this
additional service credit to enable immediate retirement, the cost could
approach 40% of the member's salary for each year of additional  service
credit that is purchased. The total cost would be shared by the State of
New York and all participating employers in the New York State and Local
Police and Fire Retirement System.
  This  estimate,  dated  February  23,  2009, and intended for use only
during the  2009  Legislative  Session,  is  Fiscal  Note  No.  2009-26,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.