S T A T E   O F   N E W   Y O R K
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                                  8225

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by  M. of A. ABBATE, PHEFFER, PERRY -- Multi-Sponsored by --
  M. of A. SALADINO -- read  once  and  referred  to  the  Committee  on
  Governmental Employees

AN  ACT  to  amend  the education law and the administrative code of the
  city of New York, in relation to giving members of a teachers' retire-
  ment system who were laid off during the fiscal crisis  the  right  to
  buy back pension credit

  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 TO THE CONTRARY, A
MEMBER SUBJECT TO THE PROVISIONS OF THIS ARTICLE OR OF ARTICLE  FOURTEEN
OR FIFTEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, WHO WAS FORMERLY A
MEMBER  OF  THE  NEW  YORK  CITY TEACHERS' RETIREMENT SYSTEM AND WHO WAS
SUSPENDED ON OR AFTER JULY  FIRST,  NINETEEN  HUNDRED  SEVENTY-FIVE  BUT
PRIOR  TO  SEPTEMBER  FIRST,  NINETEEN HUNDRED EIGHTY BECAUSE OF ECONOMY
MEASURES TAKEN BY THE CITY OF NEW YORK, MAY OBTAIN  SERVICE  CREDIT  FOR
RETIREMENT PURPOSES FOR UP TO, BUT NO MORE THAN TWO YEARS OF SUCH PERIOD
OF  SUSPENSION.  A MEMBER ELIGIBLE TO RECEIVE SERVICE CREDIT PURSUANT TO
THIS PARAGRAPH MUST PAY TO THE  RETIREMENT  SYSTEM  THE  AMOUNT  OF  THE
EMPLOYEE  CONTRIBUTIONS  REQUIRED  TO HAVE BEEN PAID INTO THE RETIREMENT
SYSTEM FOR SUCH SERVICE WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF  THIS
PARAGRAPH  AND NO MEMBER SHALL BE ELIGIBLE FOR SERVICE CREDIT UNDER THIS
PARAGRAPH IF  HE  OR  SHE  PREVIOUSLY  RECEIVED  CREDIT  FOR  RETIREMENT
PURPOSES FOR THE SAME PERIOD FROM ANY OTHER PUBLIC OR PRIVATE RETIREMENT
SYSTEM  OR  PLAN  IN  THIS  STATE OR ANY OTHER STATE OR FROM THE FEDERAL
GOVERNMENT.
  S 2. Paragraph 9 of subdivision a of section 13-505 of the administra-
tive code of the city of New York, as added by chapter 470 of  the  laws
of 2001, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11776-01-9
              

A. 8225                             2

  9.  Notwithstanding  any  other  law to the contrary, a member who has
received service credit for seniority and  length  of  service  purposes
pursuant  to  subdivision  eight  of section eighty of the civil service
law, shall receive service credit for retirement purposes for  the  same
period  provided  the  member  pays into the annuity savings fund of the
retirement system the amount of the employee contributions  required  to
have  been  paid into the retirement system for such service, within one
year [from the date this paragraph  shall  have  taken  effect]  OF  THE
EFFECTIVE  DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH
AMENDED THIS PARAGRAPH, and further provided that  the  member  has  not
previously received credit for retirement purposes for the same period.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 30, 2009.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill adds a new paragraph d to subdivision 2 of  section  509  of
the Education Law to allow former members of the New York City Teachers'
Retirement  System,  who were suspended on or after July first, nineteen
hundred seventy-five and before September first, nineteen hundred eighty
because of fiscal measures taken by the city  of  New  York,  to  obtain
service credit for retirement purposes for up to two years of such peri-
od  of  suspension. The member must not have previously received retire-
ment service credit for this period. In addition, the  member  must  pay
the New York State Teachers' Retirement System the amount of the employ-
ee  contributions  required for such service credit within one year from
the effective date of this act.
  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 additional cost to  the  employers  of
members  of  the New York State Teachers' Retirement System is estimated
to be $18,900 per year of service credited if this bill is enacted.
  The source of this estimate is Fiscal Note  2009-32  dated  March  13,
2009  prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2009 Legislative Session.