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

                                  8261

                       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 education law, the retirement and social security
  law and the administrative code of the city of New York,  in  relation
  to eligibility for a deferred vested benefit

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

  Section 1. Section 512-a of the education law is amended by  adding  a
new subdivision 13 to read as follows:
  13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR PURPOSES OF DETER-
MINING  ELIGIBILITY  FOR  A  BENEFIT  PURSUANT TO THE PROVISIONS OF THIS
SECTION, A YEAR OF CREDITED SERVICE SHALL MEAN TWENTY DAYS  OR  MORE  OF
CREDITED TEACHING SERVICE RENDERED IN THE STATE DURING THE SCHOOL YEAR.
  S  2. Section 445 of the retirement and social security law is amended
by adding a new subdivision d to read as follows:
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF A MEMBER
OF A TEACHERS' RETIREMENT SYSTEM, FOR THE PURPOSES OF DETERMINING ELIGI-
BILITY FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS SECTION, A  YEAR
OF  CREDITED  SERVICE SHALL MEAN TWENTY DAYS OR MORE OF CREDITED SERVICE
RENDERED DURING THE SCHOOL YEAR.
  S 3. Section 516 of the retirement and social security law is  amended
by adding a new subdivision e to read as follows:
  E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF A MEMBER
OF A TEACHERS' RETIREMENT SYSTEM, FOR THE PURPOSES OF DETERMINING ELIGI-
BILITY  FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS SECTION, A YEAR
OF CREDITED SERVICE SHALL MEAN TWENTY DAYS OR MORE OF  CREDITED  SERVICE
RENDERED DURING THE SCHOOL YEAR.
  S  4. Section 612 of the retirement and social security law is amended
by adding a new subdivision c to read as follows:
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF A MEMBER
OF A TEACHERS' RETIREMENT SYSTEM, FOR THE PURPOSES OF DETERMINING ELIGI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11809-01-9
              

A. 8261                             2

BILITY FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS SECTION, A  YEAR
OF  CREDITED  SERVICE SHALL MEAN TWENTY DAYS OR MORE OF CREDITED SERVICE
RENDERED DURING THE SCHOOL YEAR.
  S 5. Section 13-556 of the administrative code of the city of New York
is amended by adding a new subdivision k to read as follows:
  K.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, FOR THE PURPOSES OF
DETERMINING ELIGIBILITY FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS
CHAPTER, A YEAR OF CREDITED SERVICE SHALL MEAN TWENTY DAYS  OR  MORE  OF
CREDITED SERVICE RENDERED DURING THE SCHOOL YEAR.
  S  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 30, 2009, provided,
however, that the amendments to sections 516 and 612 of  the  retirement
and  social  security  law  made  by sections three and four of this act
shall expire on the same  date  as  such  sections  expire  pursuant  to
section 615 of such law.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill would amend Section 512-a of the Education Law and Sections
445, 516, and 612 of the Retirement and Social Security Law to  allow  a
member  to  be  deemed  to have earned a year of service for purposes of
determining vesting eligibility if  twenty  days  or  more  of  credited
teaching service were rendered in the state during the school year.
  The  annual  cost  to  the  employers of members of the New York State
Teachers' Retirement System for this benefit is estimated to be $600,000
or .004% of payroll if this bill is enacted.
  The source of this estimate is Fiscal Note  2009-53  dated  April  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.