NY State Senate Bill 2009-S5627

Senate Bill S5627

2009-2010 Legislative Session

Grants additional service credit for members of public retirement systems who are absent without pay for child care leaves of absence

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education 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 education
May 22, 2009	referred to education

2009-S5627 (ACTIVE) - Details

See Assembly Version of this Bill:: A8226
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§509 & 2575, Ed L; amd §§41, 341, 446, 513 & 609, R & SS L; amd §§13-505, 13-107 & 13-318, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5090
2013-2014: A4915

2009-S5627 (ACTIVE) - Summary

Grants additional service credit for members of public retirement systems who are absent without pay for child care leaves of absence; such additional credit shall not exceed one year per period of child care leave; provides that the total additional service credit granted in aggregate for child care leaves may not exceed two years; members would be required to make any contribution which would have been made during the period of child care leave, together with interest thereon.

2009-S5627 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5627

 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 allowing members of a public retirement system to obtain retirement
service credit for certain periods of child care leave


 PURPOSE OR GENERAL IDEA OF BILL :
Grants additional service credit for members of public retirement
systems who are absent without pay for child care leaves of absence

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would allow members to obtain credit for up to one year of
service for a duly authorized leave of absence for child care leave.
Required payments for such credits must be made with the appropriate
retirement system.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Chapter 594 of 2000 granted this credit to members of the New York
City Police Pension Fund and Chapter 581 of 2004 granted this benefit
to New York City Correction Officers, this bill extends that benefit
to other public retirement systems.

 JUSTIFICATION :

Parents have long suffered discrimination by being deprived of the
right to earn retirement credit for the period of time when they were
on maternity or child care leave. Members of Tiers II, III and IV have
not only been deprived of retirement credit but also suffer severely
reduced Pensions allowances if they retire before age 62 with fewer
than 30 years.

Other states (i.e., Michigan) allow their members to buy back
retirement credit for child care leave. In addition, Chapter 594 of
the Laws of 2000 and Chapter 594 of the Laws of 2004 granted this
benefit to allow members of the New York City Police Department
Pension Fund and to NYC Correction officers. It is time for the State
of New York to similarly end this discriminatory practice by
permitting all employees who have interrupted their careers to fulfill
such family responsibilities to claim retirement credit for such
authorized leaves of absence.

 PRIOR LEGISLATIVE HISTORY :
2007-08 Session: S.4892/A.7353 - did not pass either house
2005-06 Session: S.4711/A.8247 - referred to Governmental Employees
Similar to A.9029 of 2001

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
This bill would amend subdivision 2 of section 509 of the Education
Law, and sections 446, 513, and 609 of the Retirement and Social
Security Law to permit members to receive service credit for leaves of
absence for child care. To claim this credit, members must pay the
amount they would have had to contribute during this period with
regular interest.  Service credit granted shall not exceed one year of
credit for each period of authorized child care leave and the total
service credit granted shall not exceed two years. 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. It is anticipated
this bill would result in a substantial number of members being
eligible for up to two years of additional service credit.

 EFFECTIVE DATE :
Immediately and shall be deemed to be in full force and effect on and
after June 30, 2009.

2009-S5627 (ACTIVE) - Bill Text download pdf

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

                                  5627

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 22, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

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 allowing members of a public retirement system to obtain retirement
  service 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.  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,  ANY  MEMBER  WHO  IS
ABSENT  WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF  CREDIT  FOR  EACH  SUCH  DULY  AUTHORIZED  LEAVE,
PROVIDED,  HOWEVER,  THAT  THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS.   MEMBERS MUST FILE  A  CLAIM
FOR   SUCH  SERVICE  CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY  DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS  FOLLOWING  TERMI-
NATION  OF  THE  CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON.  IN THE EVENT THERE IS A CONFLICT BETWEEN THE  PROVISIONS  OF  THIS
PARAGRAPH  AND  THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
  S 2. Section 2575 of the education law is  amended  by  adding  a  new
subdivision 26 to read as follows:
  26.  THE  RULES  AND  REGULATIONS OF THE BOARD OF EDUCATION RETIREMENT
SYSTEM SHALL PROVIDE THAT ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD
CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD
OF EDUCATION SHALL BE ELIGIBLE FOR UP TO ONE YEAR  OF  CREDIT  FOR  EACH
SUCH  DULY  AUTHORIZED  LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11772-01-9

S. 5627                             2

CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS.
MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT  WITH  THE  RETIREMENT
SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS
FOLLOWING  TERMINATION  OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND
CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH  SUCH  MEMBER  WOULD
HAVE  CONTRIBUTED  DURING  THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER
WITH INTEREST THEREON.
  S 3. Subdivision i of section 41 of the retirement and social security
law is amended by adding a new paragraph 4 to read as follows:
  4. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  ANY  MEMBER  WHO  IS
ABSENT  WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF  CREDIT  FOR  EACH  SUCH  DULY  AUTHORIZED  LEAVE,
PROVIDED,  HOWEVER,  THAT  THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS.   MEMBERS MUST FILE  A  CLAIM
FOR   SUCH  SERVICE  CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY  DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS  FOLLOWING  TERMI-
NATION  OF  THE  CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON. IN THE EVENT THERE IS A CONFLICT BETWEEN  THE  PROVISIONS  OF  THIS
PARAGRAPH  AND  THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
  S 4. Subdivision i of section 341 of the retirement and social securi-
ty law is amended by adding a new paragraph 2 to read as follows:
  2. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  ANY  MEMBER  WHO  IS
ABSENT  WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR UP TO ONE YEAR OF  CREDIT  FOR  EACH  SUCH  DULY  AUTHORIZED  LEAVE,
PROVIDED,  HOWEVER,  THAT  THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS.   MEMBERS MUST FILE  A  CLAIM
FOR   SUCH  SERVICE  CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY  DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS  FOLLOWING  TERMI-
NATION  OF  THE  CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON.  IN THE EVENT THERE IS A CONFLICT BETWEEN THE  PROVISIONS  OF  THIS
PARAGRAPH  AND  THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
  S 5. 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, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO  APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR  UP  TO  ONE  YEAR  OF  CREDIT  FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT  PROVIDED  PURSUANT  TO
THIS  SUBDIVISION SHALL NOT EXCEED TWO YEARS.  MEMBERS MUST FILE A CLAIM
FOR  SUCH  SERVICE  CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY   DECEMBER
THIRTY-FIRST,  TWO  THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER,  AND  CONTRIBUTE  TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON.    IN  THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.

S. 5627                             3

  S 6. 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, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO  APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR  UP  TO  ONE  YEAR  OF  CREDIT  FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT  PROVIDED  PURSUANT  TO
THIS  SUBDIVISION SHALL NOT EXCEED TWO YEARS.  MEMBERS MUST FILE A CLAIM
FOR  SUCH  SERVICE  CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY   DECEMBER
THIRTY-FIRST,  TWO  THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER,  AND  CONTRIBUTE  TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON.    IN  THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
  S 7. 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, ANY MEMBER WHO IS
ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO  APPLI-
CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
FOR  UP  TO  ONE  YEAR  OF  CREDIT  FOR EACH SUCH DULY AUTHORIZED LEAVE,
PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT  PROVIDED  PURSUANT  TO
THIS  SUBDIVISION SHALL NOT EXCEED TWO YEARS.  MEMBERS MUST FILE A CLAIM
FOR  SUCH  SERVICE  CREDIT  WITH  THE  RETIREMENT  SYSTEM  BY   DECEMBER
THIRTY-FIRST,  TWO  THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER,  AND  CONTRIBUTE  TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON.    IN  THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
  S 8. 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  THE PROVISIONS OF SUBDIVISION C OF THIS SECTION,
ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE  OF  ABSENCE
PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD OF EDUCATION SHALL BE
ELIGIBLE  FOR  UP  TO  ONE  YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED
LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED  PURSU-
ANT  TO  THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS.  MEMBERS MUST FILE A
CLAIM FOR SUCH SERVICE CREDIT WITH THE  RETIREMENT  SYSTEM  BY  DECEMBER
THIRTY-FIRST,  TWO  THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER,  AND  CONTRIBUTE  TO
THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
EON.    IN  THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO  THE  CONTRARY,
THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
  S 9. Section 13-107 of the administrative code of the city of New York
is amended by adding a new subdivision l to read as follows:
  L.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION C OF THIS SECTION,
ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD  CARE  LEAVE  OF  ABSENCE
PURSUANT  TO  REGULATIONS  OF THE AGENCY IN WHICH THE MEMBER IS EMPLOYED
SHALL BE ELIGIBLE FOR UP TO ONE  YEAR  OF  CREDIT  FOR  EACH  SUCH  DULY
AUTHORIZED  LEAVE,  PROVIDED,  HOWEVER,  THAT  THE  TOTAL SERVICE CREDIT

S. 5627                             4

PROVIDED PURSUANT TO  THIS  SUBDIVISION  SHALL  NOT  EXCEED  TWO  YEARS.
MEMBERS  MUST  FILE  A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT
SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS
FOLLOWING  TERMINATION  OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND
CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH  SUCH  MEMBER  WOULD
HAVE  CONTRIBUTED  DURING  THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER
WITH INTEREST THEREON.  IN THE EVENT THERE IS  A  CONFLICT  BETWEEN  THE
PROVISIONS  OF  THIS  SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR
CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
  S 10. Section 13-318 of the administrative code of  the  city  of  New
York is amended by adding a new subdivision i to read as follows:
  I.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION C OF THIS SECTION,
ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD  CARE  LEAVE  OF  ABSENCE
PURSUANT  TO  REGULATIONS  OF THE NEW YORK CITY FIRE DEPARTMENT SHALL BE
ELIGIBLE FOR UP TO ONE YEAR OF CREDIT  FOR  EACH  SUCH  DULY  AUTHORIZED
LEAVE,  PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSU-
ANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS.   MEMBERS MUST  FILE
FOR  SUCH SERVICE CREDIT WITH THE PENSION FUND BY DECEMBER THIRTY-FIRST,
TWO THOUSAND TEN, OR WITHIN NINETY DAYS  FOLLOWING  TERMINATION  OF  THE
CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE PENSION FUND
AN  AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED DURING THE PERIOD OF
SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON.    IN  THE  EVENT
THERE  IS  A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE
PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE  PROVISIONS  OF
THIS SUBDIVISION SHALL GOVERN.
  S  11.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after  June  30,  2009  if  it
shall  have  become  a  law after such date; provided, however, that the
amendments to sections 513 and 609 of the retirement and social security
law made by sections six and seven of this act, respectively, shall  not
affect  the  expiration  of  such sections and shall be deemed to expire
therewith.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend subdivision 2 of section 509  of  the  Education
Law, and sections 446, 513, and 609 of the Retirement and Social Securi-
ty Law to permit members to receive service credit for leaves of absence
for  child  care. To claim this credit, members must pay the amount they
would have had to contribute during this period with  regular  interest.
Service  credit  granted  shall  not  exceed one year of credit for each
period of authorized child care  leave  and  the  total  service  credit
granted shall not exceed two years.
  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. It is
anticipated this bill would result in a substantial  number  of  members
being eligible for up to two years of additional service credit.
  The  source of this estimate is Fiscal Note 2009-17 dated February 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.

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