S T A T E   O F   N E W   Y O R K
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                                  8228

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 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
  implementing a provision in a collective bargaining agreement  between
  the  state  university  construction fund and an employee organization
  relating to unused sick leave and retirement service credit

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

  Section  1.  Paragraph 1 of subdivision j of section 41 of the retire-
ment and social security law, as amended by chapter 271 of the  laws  of
2008, is amended to read as follows:
  1. In addition to any other service credit to which he or she is enti-
tled,  a  member  who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted  one  day  of  additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed  one  hundred  sixty-five  days, (b) be considered in meeting any
service or age requirements prescribed  in  this  chapter,  and  (c)  be
considered  in computing final average salary. However, for an executive
branch member designated managerial or confidential pursuant to  article
fourteen of the civil service law or in the collective negotiating units
established  by article fourteen of the civil service law designated the
professional, scientific and technical services  unit,  the  rent  regu-
lation  services  negotiating  unit,  the  security services negotiating
unit, the security supervisors negotiating unit,  the  state  university
professional  services  negotiating  unit,  the  administrative services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs negotiating unit such  service  credit  limitation  provided  in
subparagraph  (a)  of  this paragraph shall not exceed two hundred days.
For a nonjudicial officer or employee of the unified court system not in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09761-02-9
              

A. 8228                             2

a collective negotiating unit or in a collective negotiating unit speci-
fied in section one of chapter two hundred three  of  the  laws  of  two
thousand  four, for employees of the New York state dormitory authority,
for  employees  of  the  New York state thruway authority [and], the New
York state canal corporation AND THE STATE UNIVERSITY CONSTRUCTION  FUND
and for employees of the New York liquidation bureau such service credit
limitation  provided  in  subparagraph  (a)  of this paragraph shall not
exceed two hundred days.
  S 2. Notwithstanding any other provision of law, the past service cost
associated with section one of this act shall be paid by  the  New  York
state  university  construction  fund  over  a period not to exceed five
years.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2003.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend subdivision j of Section 41 of the Retirement
and Social Security Law to allow employees of the New York State Univer-
sity Construction Fund who are members of the New York State  and  Local
Employees' Retirement System to be granted additional service credit for
up  to a maximum of 200 days of accumulated unused sick leave.  Current-
ly, the maximum is 165 days. This would be deemed to be in effect as  of
April 1, 2003.
  If  this  bill  is enacted, there will be a total past service cost of
approximately $21,300 which would be borne by the New York State Univer-
sity Construction Fund. If this cost is amortized over  a  period  of  5
years, the cost for the first year, including interest, would be approx-
imately  $4,940.  In  addition  to the past service cost, there could be
future increases in the annual  contributions  of  the  New  York  State
University Construction Fund.
  This  estimate, dated April 23, 2009, and intended for use only during
the 2009 Legislative Session, is Fiscal Note No.  2009-226  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.