S T A T E   O F   N E W   Y O R K
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                                  8510

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2009
                               ___________

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

AN  ACT  to amend the retirement and social security law, in relation to
  creditable service

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

  Section  1.  Paragraph 1 of subdivision i of section 41 of the retire-
ment and social security law is amended by adding a new subparagraph (e)
to read as follows:
  (E) A MEMBER OF A RETIREMENT SYSTEM WHO IS  SUBJECT  TO  THIS  ARTICLE
PLACED  ON  AN  AUTHORIZED  LEAVE  WITHOUT  PAY  DURING THE COURSE OF AN
ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR  DISEASE  FOUND  TO  BE
COMPENSABLE  BY  THE  WORKERS'  COMPENSATION BOARD SHALL BE ELIGIBLE FOR
RETIREMENT CREDIT FOR SERVICE WHILE ON SAID LEAVE.
  THE RETIREMENT CREDIT PROVIDED FOR BY THIS SUBPARAGRAPH SHALL APPLY TO
A PERIOD OF AUTHORIZED LEAVE WITHOUT  PAY  OCCURRING  DURING  THE  FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
  S 2. Paragraph 1 of subdivision i of section 341 of the retirement and
social  security law is amended by adding a new subparagraph (e) to read
as follows:
  (E) A MEMBER OF A RETIREMENT SYSTEM WHO IS  SUBJECT  TO  THIS  ARTICLE
PLACED  ON  AN  AUTHORIZED  LEAVE  WITHOUT  PAY  DURING THE COURSE OF AN
ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR  DISEASE  FOUND  TO  BE
COMPENSABLE  BY  THE  WORKERS'  COMPENSATION BOARD SHALL BE ELIGIBLE FOR
RETIREMENT CREDIT FOR SERVICE WHILE ON SAID LEAVE.
  THE RETIREMENT CREDIT PROVIDED FOR BY THIS SUBPARAGRAPH SHALL APPLY TO
A PERIOD OF AUTHORIZED LEAVE WITHOUT  PAY  OCCURRING  DURING  THE  FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11771-02-9

A. 8510                             2
              

  S 3. Subdivision c of section 446 of the retirement and social securi-
ty  law, as amended by chapter 426 of the laws of 1974 and as relettered
by chapter 465 of the laws of 1980, is amended to read as follows:
  c.  Creditable  service.    1.  A member of a retirement system who is
subject to the provisions of this  article  shall  not  be  eligible  to
obtain  retirement  credit for service with a public employer other than
the state of New York, a political subdivision thereof, a public benefit
corporation, or a participating employer;  provided,  however,  military
service  with the federal government may be credited pursuant to section
two hundred forty-three of the military law up  to  a  maximum  of  four
years;  and  further  provided that retirement credit may be granted for
service with an agency located within the state of  New  York  currently
specified in the law as providing retirement credit for service.
  2.  A  MEMBER  OF  A  RETIREMENT SYSTEM WHO IS SUBJECT TO THIS ARTICLE
PLACED ON AN AUTHORIZED LEAVE  WITHOUT  PAY  DURING  THE  COURSE  OF  AN
ABSENCE  RESULTING  FROM  AN  OCCUPATIONAL INJURY OR DISEASE FOUND TO BE
COMPENSABLE BY THE WORKERS' COMPENSATION BOARD  SHALL  BE  ELIGIBLE  FOR
RETIREMENT CREDIT FOR SERVICE WHILE ON SAID LEAVE.  THE RETIREMENT CRED-
IT  PROVIDED FOR BY THIS PARAGRAPH SHALL APPLY TO A PERIOD OF AUTHORIZED
LEAVE WITHOUT PAY OCCURRING DURING THE FIRST TWELVE  MONTHS  OF  ABSENCE
RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
  S 4. Subdivision c of section 513 of the retirement and social securi-
ty law is amended by adding a new paragraph 3 to read as follows:
  3.  A  MEMBER  PLACED  ON  AN  AUTHORIZED LEAVE WITHOUT PAY DURING THE
COURSE OF AN ABSENCE RESULTING FROM AN OCCUPATIONAL  INJURY  OR  DISEASE
FOUND  TO  BE  COMPENSABLE  BY  THE WORKERS' COMPENSATION BOARD SHALL BE
ELIGIBLE TO OBTAIN CREDIT FOR SERVICE WHILE ON SAID LEAVE.
  (I) ANY REQUIRED EMPLOYEE  CONTRIBUTION  RELATING  TO  THE  RETIREMENT
CREDIT PROVIDED BY THIS PARAGRAPH SHALL BE PAID DIRECTLY BY SUCH EMPLOY-
EE TO THE RETIREMENT SYSTEM PURSUANT TO THE RULES AND REGULATIONS OF THE
COMPTROLLER.
  (II)  THE RETIREMENT CREDIT PROVIDED FOR BY THIS PARAGRAPH SHALL APPLY
TO A PERIOD OF AUTHORIZED LEAVE WITHOUT PAY OCCURRING DURING  THE  FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
  S 5. Subdivision c of section 609 of the retirement and social securi-
ty  law, as added by chapter 414 of the laws of 1983, is amended to read
as follows:
  c. Creditable service. 1. Other than previous service, a member  shall
only  be eligible to obtain credit for active service with a participat-
ing employer; provided,  however,  military  service  with  the  federal
government  may  be credited pursuant to section two hundred forty-three
of the military law up to a maximum of four years.
  2. A MEMBER PLACED ON AUTHORIZED LEAVE WITHOUT PAY DURING  THE  COURSE
OF  AN ABSENCE RESULTING FROM AN OCCUPATIONAL INJURY OR DISEASE FOUND TO
BE COMPENSABLE BY THE WORKERS' COMPENSATION BOARD SHALL BE DEEMED TO  BE
IN  ACTIVE SERVICE FOR PURPOSES OF OBTAINING CREDIT FOR SERVICE WHILE ON
SAID LEAVE.
  (I) ANY REQUIRED EMPLOYEE  CONTRIBUTION  RELATING  TO  THE  RETIREMENT
CREDIT PROVIDED BY THIS PARAGRAPH SHALL BE PAID DIRECTLY BY SUCH EMPLOY-
EE TO THE RETIREMENT SYSTEM PURSUANT TO THE RULES AND REGULATIONS OF THE
COMPTROLLER.
  (II)  THE RETIREMENT CREDIT PROVIDED FOR BY THIS PARAGRAPH SHALL APPLY
TO A PERIOD OF AUTHORIZED LEAVE WITHOUT PAY OCCURRING DURING  THE  FIRST
TWELVE MONTHS OF ABSENCE RELATED TO SUCH OCCUPATIONAL INJURY OR DISEASE.
  S  6. This act shall take effect immediately provided that paragraph 3
of subdivision c of section 513 of the retirement  and  social  security

A. 8510                             3

law  as  added by section four of this act and the amendment to subdivi-
sion c of section 609 of such law made by section five 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 allow certain members of the New York State and Local
Employees' Retirement System (NYS&LERS) and the New York State and Local
Police and Fire Retirement System (NYS&LPFRS) who are placed on  author-
ized  leave  without pay during the course of an injury or disease found
to be compensable by the Workers' Compensation Board to receive  service
credit  for the first 12 months of such leave. This benefit is currently
available to all Tier 1 members, and Tiers 2, 3 and 4  members  who  are
employed by New York State.
  If  this bill is enacted, assuming full salary will be reported by the
employers of affected Tiers 2, 3 and 4 non-state members, there would be
an increase in the annual billing of those employers based on the salary
that would have been earned as  if  the  members  who  are  on  Workers'
Compensation  were  on the payroll. In addition, non-state Tiers 3 and 4
members with less than 10 years of membership would be required to  make
3% member contributions as though they were still earning salary for the
first 12 months of such leave.
  This  estimate,  dated  May 13, 2009, and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-251,  prepared  by
the Actuary for the NYS&LERS and the NYS&LPFRS.