S T A T E O F N E W Y O R K
________________________________________________________________________
8226
2009-2010 Regular Sessions
I N A S S E M B L Y
May 11, 2009
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Introduced by M. of A. ABBATE, JOHN, PHEFFER, BOYLAND, SCHROEDER, COLTON
-- Multi-Sponsored by -- M. of A. SALADINO, WEINSTEIN -- read once and
referred to the Committee on Governmental Employees
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 allowing members of a public retirement system to obtain retirement
service 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. 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, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
S 2. Section 2575 of the education law is amended by adding a new
subdivision 26 to read as follows:
26. THE RULES AND REGULATIONS OF THE BOARD OF EDUCATION RETIREMENT
SYSTEM SHALL PROVIDE THAT ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD
CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD
OF EDUCATION SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11772-01-9
A. 8226 2
SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE
CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS.
MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT
SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS
FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND
CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD
HAVE CONTRIBUTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER
WITH INTEREST THEREON.
S 3. Subdivision i of section 41 of the retirement and social security
law is amended by adding a new paragraph 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
S 4. Subdivision i of section 341 of the retirement and social securi-
ty law is amended by adding a new paragraph 2 to read as follows:
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
S 5. Section 446 of the retirement and social security law is amended
by adding a new subdivision k to read as follows:
K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
A. 8226 3
S 6. 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, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
S 7. 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, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
S 8. 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 THE PROVISIONS OF SUBDIVISION C OF THIS SECTION,
ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE
PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD OF EDUCATION SHALL BE
ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED
LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSU-
ANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A
CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
S 9. Section 13-107 of the administrative code of the city of New York
is amended by adding a new subdivision l to read as follows:
L. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION,
ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD CARE LEAVE OF ABSENCE
PURSUANT TO REGULATIONS OF THE AGENCY IN WHICH THE MEMBER IS EMPLOYED
SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY
AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT
A. 8226 4
PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS.
MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT
SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS
FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND
CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD
HAVE CONTRIBUTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER
WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE
PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR
CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
S 10. Section 13-318 of the administrative code of the city of New
York is amended by adding a new subdivision i to read as follows:
I. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION,
ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD CARE LEAVE OF ABSENCE
PURSUANT TO REGULATIONS OF THE NEW YORK CITY FIRE DEPARTMENT SHALL BE
ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED
LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSU-
ANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE
FOR SUCH SERVICE CREDIT WITH THE PENSION FUND BY DECEMBER THIRTY-FIRST,
TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE
CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE PENSION FUND
AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED DURING THE PERIOD OF
SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT
THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE
PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF
THIS SUBDIVISION SHALL GOVERN.
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 30, 2009 if it
shall have become a law after such date; provided, however, that the
amendments to sections 513 and 609 of the retirement and social security
law made by sections six and seven of this act, respectively, shall not
affect the expiration of such sections and shall be deemed to expire
therewith.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend subdivision 2 of section 509 of the Education
Law, and sections 446, 513, and 609 of the Retirement and Social Securi-
ty Law to permit members to receive service credit for leaves of absence
for child care. To claim this credit, members must pay the amount they
would have had to contribute during this period with regular interest.
Service credit granted shall not exceed one year of credit for each
period of authorized child care leave and the total service credit
granted shall not exceed two years.
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
$18,700 per year of service credited if this bill is enacted. It is
anticipated this bill would result in a substantial number of members
being eligible for up to two years of additional service credit.
The source of this estimate is Fiscal Note 2009-17 dated February 27,
2009 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2009 Legislative Session.