NY State Senate Bill 2009-S3406

Senate Bill S3406

2009-2010 Legislative Session

Permits N.Y. state and N.Y. city teachers' retirement system members to claim retirement credit for up to 10 years of federal teaching service

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Mar 18, 2009	referred to civil service and pensions

co-Sponsors

2009-S3406 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Education Law
Laws Affected:: Amd §509, Ed L; amd §§446, 513 & 609, R & SS L; amd §13-505, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Session:: S140

2009-S3406 (ACTIVE) - Summary

Permits New York state teachers' and New York city teachers' retirement system members to obtain retirement credit for up to ten years of federal teaching service, including service with VISTA, Head Start and the Peace Corps, if such service would constitute service as a teacher had it been performed within NYS for a participating employer; provides that no such credit shall be allowed for any service for which the person is receiving a benefit or will be entitled to receive a benefit from some other public or private retirement system.

2009-S3406 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3406

 TITLE OF BILL :
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 permitting members of the New York state and New York city
teachers' retirement systems to claim retirement credit for certain
federal teaching service


 PURPOSE :
This bill would allow members of the Teachers' Retirement System to
claim credit for up to ten years of teaching service rendered while in
the employ of the Federal Government, including service in the Peace
Corps, Head Start and VISTA.

 SUMMARY OF PROVISIONS :
This bill would amend section 509 of the Education law and sections
446, 513, and 609 of the Retirement and Social Security Law to permit
members of the New York State Teacher's Retirement System to claim up
to ten years of federal teaching service.

 JUSTIFICATION :  Since the retirement system was established in 1921,
Tier I members of the New York State Teachers' Retirement System have
been able to claim credit for up to ten years of public school
teaching service performed in another state. However, if a member was

employed by the Federal Government and taught in either another state
or even in New York State, he/she is denied the retirement credit. An
example would be teaching in the elementary schools at the Military
Academy at West Point, or service in organizations such as Head Start,
the Peace Corps and VISTA. The knowledge and experience gained through
these experiences is of great benefit to New York State's students and
educational system. Enactment of this bill would correct this inequity
by allowing such Tier I members to claim retirement credit for
teaching service rendered while in the employ of the Federal
Government. This bill also extends the provisions of claiming credit
for federal teaching service to Tier II, III, and IV members.

 LEGISLATIVE HISTORY :
A.8944/S.6166 of 1996-97; Referred to Senate Civil Service and
Pensions Committee
A.3390/S.2157 of 1998-99; Referred to Senate Civil Service and
Pensions Committee
A.4977/S.4702 of 1999-2000; Referred to Senate Civil Service and
Pensions Committee
A.5656A/S.6200 of 2001-2002; Referred to Senate Civil Service and
Pensions Committee
S.3250/A.6178B of 2003-2004; Referred to Senate Civil Service and
Pensions Committee
S.3233A/A.8752A of 2005/2006; Referred to Senate Civil Service and
Pensions Committee

 FISCAL IMPLICATIONS :
It is not possible to determine the 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 $17,900 per year of service credited if this bill is enacted.

 EFFECTIVE DATE :
This act shall take effect June 30, 2010, with provisions.

2009-S3406 (ACTIVE) - Bill Text download pdf

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

                                  3406

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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 permitting members of the New York state and New York  city  teach-
  ers' retirement systems to claim retirement credit for certain federal
  teaching service

  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, A MEMBER SHALL BE ENTI-
TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY
SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT, INCLUDING
SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE
SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN
EMPLOYER SUBJECT TO THE PROVISIONS OF THIS  ARTICLE.  THE  CREDITING  OF
SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND
REGULATIONS  AS  SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT
SUCH RULES AND REGULATIONS SHALL  BE  SUBSTANTIALLY  EQUIVALENT  TO  THE
RULES  AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE
PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO  SUCH  CREDIT  SHALL  BE
ALLOWED  FOR  ANY SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR
WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER
PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY  OTHER
STATE OR FROM THE FEDERAL GOVERNMENT.
  S  2. 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, A MEMBER OF A TEACHERS'
RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL  BE
ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06150-02-9

S. 3406                             2

MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
STATE  FOR  AN  EMPLOYER  SUBJECT TO THE PROVISIONS OF THIS ARTICLE. THE
CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
PROVIDED,  HOWEVER,  NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR
WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A
BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
GOVERNMENT.
  S 3. 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, A MEMBER OF A TEACHERS'
RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
PROVISIONS OF SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE. THE  CRED-
ITING  OF  SERVICE  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
PROVIDED,  HOWEVER,  NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR
WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A
BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
GOVERNMENT.
  S 4. 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, A MEMBER OF A TEACHERS'
RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE AND PARAGRAPH
TWO OF SUBDIVISION B OF THIS SECTION. THE CREDITING OF SERVICE  PURSUANT
TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
SHALL  BE  ADOPTED  BY  THE  RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM,
PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE  SUBSTANTIALLY  EQUIV-
ALENT  TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
ING OF SERVICE PURSUANT TO THIS SECTION.   PROVIDED,  HOWEVER,  NO  SUCH
CREDIT  SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-
ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A  BENEFIT  AT  ANY  FUTURE
TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.

S. 3406                             3

  S  5.  Subparagraph  (d)  of  paragraph  3 of subdivision a of section
13-505 of the administrative code of the city of New York is amended  to
read as follows:
  (d)  Credit  for  such  prior service up to a maximum of fifteen years
shall be given only if application and payment therefor is made  by  the
contributor  within the first four years subsequent to membership in the
New York city teachers' retirement system  or  before  December  thirty-
first,  [nineteen  hundred sixty-nine] TWO THOUSAND ELEVEN, whichever is
later.
  S 6. 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  ANY  OTHER  PROVISION  OF LAW, A MEMBER SHALL BE
ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS  OF  THIS  CHAPTER.  THE
CREDITING  OF  SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE
WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT  BOARD,
PROVIDED  THAT  SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV-
ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE  CREDIT-
ING  OF  SERVICE  PURSUANT TO THIS SECTION.   PROVIDED, HOWEVER, NO SUCH
CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS  RECEIV-
ING  A  BENEFIT  OR  WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE
TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
  S 7. This act shall take effect June 30, 2010, provided, however, that
the amendments to sections 513 and 609  of  the  retirement  and  social
security  law made by sections three and four of this act, respectively,
shall expire on the same  date  as  such  sections  expire  pursuant  to
section 615 of such law.
  FISCAL  NOTE.--This  bill would amend section 509 of the Education Law
and sections 446, 513, and 609 of the Retirement and Social Security Law
to permit members of the New York State Teachers' Retirement  System  to
claim  service  credit  for  up to ten years of federal teaching service
(including Vista, Head Start, and the Peace Corps).  Payments  for  such
credit  must  be  made  by  those  members  subject to Article 14 of the
Retirement and Social Security Law in accordance  with  section  517  of
such  law  and  by those members subject to Article 15 of the Retirement
and Social Security Law in accordance with section 613 and  paragraph  2
of subdivision b of section 609 of such law.
  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.
  The source of this estimate is Fiscal Note 2009-27 dated March 9, 2009
prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
System and is intended for use only during the 2009 Legislative Session.

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Senate Bill S3406

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Sponsored By

George D. Maziarz