NY State Senate Bill 2009-S4797

Senate Bill S4797

2009-2010 Legislative Session

Grants additional service credit for members of the New York state and local police and fire retirement system who are absent without pay for child care leaves of absence

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Apr 27, 2009	referred to civil service and pensions

2009-S4797 (ACTIVE) - Details

See Assembly Version of this Bill:: A7169
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §341-a, R & SS L

2009-S4797 (ACTIVE) - Summary

Grants additional service credit for members of the NYS and Local Police and Fire Retirement Systems who are absent without pay for child care leaves of absence; such credit shall not exceed one year per period of child care leave.

2009-S4797 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4797              REVISED 05/05/09

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
allowing members of the New York state and local police and fire
retirement system to obtain retirement credit for certain periods of
child care leave


 PURPOSE :
This bill will allow police officers and firefighters to obtain
retirement credit for absences due to child care leave.

 SUMMARY OF PROVISIONS :
Amends the retirement and social security law by adding a new section
341-a - to allow members of the New York State and Local Police and
Fire Retirement System to obtain retirement credit for certain periods
of child care leave. Not to exceed one year period of child care
leave.

 EXISTING LAW :
Chapter 594 of the Laws of 2000 provided this benefit to members of
the New York City Police Department and Chapter 477 of 2005 provided
this benefit to corrections members of the New York City Employees
Retirement System.

 JUSTIFICATION :
Members of the New York State and Local Police and Fire Retirement
System are permitted by their employers to take leaves of absence for
child care. Chapter 594 of the Laws of 2000 provided this benefit to
members of the New York City Police Department and Chapter 477 of 2005
provided this benefit to corrections members of the New York City
Employees Retirement System. This bill would expand that concept to
police officers and firefighters who are members of the State
Retirement System.

 LEGISLATIVE HISTORY :
2008 Session: A.5940 - no significant action
2007 Session: A.5940 - passed Assembly
2006 Session: A.5953/S.4402 - passed Assembly
2005 Session: A.5953/S.4402 - no significant action
2004 Session: A.4830/S.3891 - no significant action
2003 Session: A.4830/S.3891 - no significant action
2002 Session: Vetoed by Governor - Veto Message 29
2001 Session: A.7519 - passed Assembly

 FISCAL IMPLICATIONS :
The number of members who would be affected by this bill cannot be
readily determined. If this bill is enacted, there would be a past
service cost which would depend upon the number of members affected
and upon each member's age, salary, credited service, periods of child
care leaves, plan coverage and tier.

It is estimated that the past service cost will average approximately
20% of an affected member's compensation for each year of additional
service. However, for an individual member who purchases this
additional service credit to enable immediate retirement, the cost
could approach 40% of the member's salary for each year of additional
service credit that is purchased. The total cost would be shared by
the State of New York and all participating employers in the New York
State and Local Police and Fire Retirement System.

 EFFECTIVE DATE :
Immediately.

2009-S4797 (ACTIVE) - Bill Text download pdf

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

                                  4797

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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
  allowing  members  of  the  New  York  state and local police and fire
  retirement system to obtain retirement credit for certain  periods  of
  child care leave

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

  Section 1. The retirement and social security law is amended by adding
a new section 341-a to read as follows:
  S 341-A. SERVICE  CREDIT;  CHILD  CARE  LEAVE.    NOTWITHSTANDING  ANY
PROVISION  OF  LAW TO THE CONTRARY, ANY MEMBER WHO IS ABSENT WITHOUT PAY
FOR CHILD CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS  OF  ANY  POLICE
DEPARTMENT OR FIRE DEPARTMENT IN THE STATE OF NEW YORK SHALL BE ELIGIBLE
FOR  CREDIT  FOR  SUCH  PERIOD OF CHILD CARE LEAVE, PROVIDED SUCH MEMBER
FILES A CLAIM FOR SUCH SERVICE CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY
DECEMBER THIRTY-FIRST, TWO THOUSAND NINE OR WITHIN NINETY DAYS FOLLOWING
TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTES
TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB-
UTED  DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST
THEREON. SERVICE CREDIT PROVIDED PURSUANT  TO  THIS  SECTION  SHALL  NOT
EXCEED  ONE  YEAR  OF  CREDIT  FOR  EACH PERIOD OF AUTHORIZED CHILD CARE
LEAVE. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS  OF  THIS
SECTION  AND  THE  PROVISIONS  OF  ANY  OTHER  LAW  TO THE CONTRARY, THE
PROVISIONS OF THIS SECTION SHALL GOVERN.
  ANY SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE:
  A. "POLICE OR FIRE SERVICE" AS SUCH TERM  IS  DEFINED  IN  SUBDIVISION
ELEVEN OF SECTION THREE HUNDRED TWO OF THIS ARTICLE; AND
  B.  "TOTAL CREDITABLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLE-
MENT TO RETIRE PURSUANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN  TITLE
TEN OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10535-01-9

S. 4797                             2

  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant additional service credit for members of the New
York  State  and  Local Police and Fire Retirement System who are absent
without pay for child care leaves of absence.  Such  additional  service
credit  shall  not  exceed  one  year  per  period  of child care leave.
Members would not be required to make any  payment  for  the  additional
service credit granted by this bill.
  The  number  of  members  who would be affected by this bill cannot be
readily determined.
  If this bill is enacted, there would be  a  past  service  cost  which
would  depend upon the number of members affected and upon each member's
age, salary, credited service, periods of child care leaves, plan cover-
age and tier. It is estimated that the past service  cost  will  average
approximately  20% of an affected member's compensation for each year of
additional service. However, for an individual member who purchases this
additional service credit to enable immediate retirement, the cost could
approach 40% of the member's salary for each year of additional  service
credit that is purchased. The total cost would be shared by the State of
New York and all participating employers in the New York State and Local
Police and Fire Retirement System.
  This  estimate,  dated  February  23,  2009, and intended for use only
during the  2009  Legislative  Session,  is  Fiscal  Note  No.  2009-26,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.

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