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

                                  3752

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 31, 2009
                               ___________

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

AN  ACT  to amend the retirement and social security law, in relation to
  credit for public service rendered in the state of New York under  the
  federal Emergency Jobs Appropriation Act prior to becoming a member of
  a retirement system

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

  Section 1. Subdivision b of section 41 of the  retirement  and  social
security  law  is  amended  by  adding  a  new  paragraph 5-a to read as
follows:
  5-A. PUBLIC SERVICE RENDERED IN THE STATE  OF  NEW  YORK  IN  NINETEEN
HUNDRED  EIGHTY-THREE  AND/OR NINETEEN HUNDRED EIGHTY-FOUR IN A POSITION
CREATED OR FILLED PURSUANT TO FEDERAL PUBLIC  LAW  98-8,  THE  EMERGENCY
JOBS  APPROPRIATION  ACT  OF  1983, WITHOUT REGARD TO THE LENGTH OF SUCH
SERVICE, PROVIDED SUCH SERVICE  IS  OTHERWISE  IN  COMPLIANCE  WITH  THE
PROVISIONS OF THIS CHAPTER.
  S 2. Subdivision b of section 446 of the retirement and social securi-
ty  law,  as  amended  by chapter 552 of the laws of 2000, is amended to
read as follows:
  b. Previous service.
  A member of a retirement system who is subject to  the  provisions  of
this  article shall be eligible to obtain retirement credit for previous
service if retirement  credit  had  previously  been  granted  for  such
service or if such service that would have been creditable in one of the
public  retirement systems of the state, as defined in subdivision twen-
ty-three of section five hundred one of this chapter, at the  time  such
service  was  rendered,  if  the  individual  had  been a member of such
retirement system and the member has rendered a minimum of two years  of
credited  service  after  July  first,  nineteen  hundred seventy-three;
provided, however, retirement credit may be granted  for  service  which
predates the date of entry into the retirement system if such service is
otherwise  creditable  and  was  rendered  by  an  employee during which

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05202-02-9

S. 3752                             2

employment he  was  ineligible  to  join  a  public  retirement  system.
NOTWITHSTANDING ANYTHING IN THIS CHAPTER TO THE CONTRARY, A MEMBER SHALL
BE  ELIGIBLE  TO OBTAIN RETIREMENT CREDIT FOR PUBLIC SERVICE RENDERED IN
THE  STATE  OF NEW YORK IN NINETEEN HUNDRED EIGHTY-THREE AND/OR NINETEEN
HUNDRED EIGHTY-FOUR IN A POSITION CREATED OR FILLED PURSUANT TO  FEDERAL
PUBLIC  LAW  98-8, THE EMERGENCY JOBS APPROPRIATION ACT OF 1983, WITHOUT
REGARD TO THE LENGTH OF SUCH SERVICE, PROVIDED SUCH SERVICE IS OTHERWISE
IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER.
  S 3. Paragraph 1 of subdivision b of section 609 of the retirement and
social security law, as amended by chapter 552 of the laws of  2000,  is
amended to read as follows:
  1.  A  member  shall be eligible to obtain retirement credit hereunder
for previous service with a public employer  if  retirement  credit  had
previously  been granted for such service or if such service which would
have been creditable in one of the  public  retirement  systems  of  the
state,  as  defined  in subdivision twenty-three of section five hundred
one of this chapter, at the time such service was rendered, if the indi-
vidual had been a member of such retirement system and  the  member  has
rendered  a  minimum  of two years of credited service after July first,
nineteen hundred seventy-six or after last rejoining a public retirement
system, if later; provided, however, retirement credit  may  be  granted
for  service which predates the date of entry into the retirement system
if such service is otherwise creditable and  the  member  satisfied  the
minimum  service  requirements  set  forth  in  this subdivision and was
rendered by an employee of a public employer during which employment  he
was  ineligible  to  join  a public retirement system provided that such
public employer was participating in a public retirement system  of  the
state at the time of such employment, or is so participating at the time
that  such  credit  for such previous service is being sought.  NOTWITH-
STANDING ANYTHING IN THIS CHAPTER TO THE CONTRARY,  A  MEMBER  SHALL  BE
ELIGIBLE  TO OBTAIN RETIREMENT CREDIT FOR PUBLIC SERVICE RENDERED IN THE
STATE OF NEW YORK  IN  NINETEEN  HUNDRED  EIGHTY-THREE  AND/OR  NINETEEN
HUNDRED  EIGHTY-FOUR IN A POSITION CREATED OR FILLED PURSUANT TO FEDERAL
PUBLIC LAW 98-8, THE EMERGENCY JOBS APPROPRIATION ACT OF  1983,  WITHOUT
REGARD TO THE LENGTH OF SUCH SERVICE, PROVIDED SUCH SERVICE IS OTHERWISE
IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER.
  S  4. This act shall take effect immediately; provided that the amend-
ments to section 609 of the retirement and social security law  made  by
section  three of this act shall expire on the same date as such section
expires pursuant to section 615 of such law.
  FISCAL NOTE.--This bill would  amend  sections  446  and  609  of  the
Retirement and  Social Security Law to permit members to receive service
credit  for  public  service  rendered  in the state of New York in 1983
and/or 1984 in a position created or filled  under  the  Emergency  Jobs
Appropriation  Act  of 1983 regardless of the length of such service. To
claim this credit, members must pay the amount they would  have  had  to
contribute during this period with regular interest.
  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 2009-34 dated March 20,
2009 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2009 Legislative Session.