NY State Senate Bill 2009-S5632

Senate Bill S5632

Signed By Governor

2009-2010 Legislative Session

Implements a provision in a collective bargaining agreement between the state university construction fund and an employee organization relating to unused sick leave

download bill text pdf

Archive: Last Bill Status Via A8228 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2009	signed chap.397
Aug 14, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.924 substituted for s5632
Jul 16, 2009	substituted by a8228 ordered to third reading cal.924 committee discharged and committed to rules
Jun 02, 2009	reported and committed to finance
May 22, 2009	referred to civil service and pensions

Votes

- Jul 16, 2009 - Floor Vote
  A8228
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 16, 2009 - Rules Committee Vote
  S5632
  
  22
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 16, 2009
      
      aye (22)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      LaValle
      
      excused (1)
      
      Johnson

2009-S5632 (ACTIVE) - Details

See Assembly Version of this Bill:: A8228
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §41, R & SS L

2009-S5632 (ACTIVE) - Summary

Implements a provision in a collective bargaining agreement between the state university construction fund and an employee organization relating to unused sick leave and retirement service credit.

2009-S5632 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5632

 TITLE OF BILL :
An act to amend the retirement and social security law, in relation to
implementing a provision in a collective bargaining agreement between
the state university construction fund and an employee organization
relating to unused sick leave and retirement service credit


 PURPOSE :
Implements a provision from a collective bargaining agreement between
SUNY construction fund and its employees

 SUMMARY OF PROVISIONS :
§ 1 - amends section 41j of the Retirement and Social Security Law to
permit employees of the State University Construction Fund to use up
to two hundred days of accumulated unused sick leave for retirement
service credit.

§2 - provides that all past service costs shall be borne by the SUNY
construction fund and may be amortized over a five year period.

§3 - provides for an effective date April 1, 2003 to implement a
provision in the collective bargaining agreement between the State
University Construction Fund and the CSEA local that represents the
Fund's bargaining unit employees.

 EXISTING LAW :
Currently, the maximum is 165 days for these covered employees.

 JUSTIFICATION :
Under section 41(j)(1) of the Retirement and Social Security Law, a
member of a public retirement system may, upon retirement, receive an
additional day's pension credit for each day of accumulated unused
sick leave, to a maximum of 165 days.

Under chapters 103, part A and 419 of the laws of 2004, executive
branch M/C employees or an employee in a position listed in the
various state negotiating units may use up to 200 days of accumulated
unused sick leave for a pension credit. These chapters of the Laws of
2004 were enacted to implement the collective bargaining agreements
that the State reached with its unions for the agreements which
covered the period April 1, 2003 through March 31, 2007. The State
University Construction Fund entered into a collective bargaining
agreement with its bargaining unit employees for the same period of
time which also permitted its employees to use up to a maximum of 200
days of accumulated unused sick leave for retirement service credit.
Through oversight, the Fund was not included in the legislation that
amended section 410)(1) of the Retirement and Social Security Law to
implement the change that was agreed to in the collective bargaining
agreements.

In 2005, the Legislature again amended section 410)(1) of the
Retirement and Social Security Law to include employees of the
Dormitory Authority, the Thruway Authority and the Canal Corporation
in order to implement the ability to use up to a maximum of 200 such
days for pension credit that is contained in their collective
bargaining agreements. This bill would put Fund employees, in regard
to the maximum number of sick days that can be used for retirement
service credit, on par with State and some public authority employees.

 LEGISLATIVE HISTORY :
2008 Session: A.11627/S.8577 - passed Assembly

 FISCAL IMPLICATIONS :

If this bill is enacted, there will be a total past service cost of
approximately $21,300 which would be borne by the New York State
University Construction Fund. If this cost is amortized over a period
of 5 years, the cost for the first year, including interest, would be
approximately $4,940. In addition to the past service cost, there
could be future increases in the annual contributions of the New York
State University Construction Fund.

 EFFECTIVE DATE :
Retroactively to April 1, 2003 to implement the provision contained in
the collective bargaining agreement.

2009-S5632 (ACTIVE) - Bill Text download pdf

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

                                  5632

                       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 Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  implementing  a provision in a collective bargaining agreement between
  the state university construction fund and  an  employee  organization
  relating to unused sick leave and retirement service credit

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

  Section 1. Paragraph 1 of subdivision j of section 41 of  the  retire-
ment  and  social security law, as amended by chapter 271 of the laws of
2008, is amended to read as follows:
  1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth  in  paragraphs  two
and  three  of  this  subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be  considered  in  meeting  any
service  or  age  requirements  prescribed  in  this chapter, and (c) be
considered in computing final average salary. However, for an  executive
branch  member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated  the
professional,  scientific  and  technical  services unit, the rent regu-
lation services negotiating  unit,  the  security  services  negotiating
unit,  the  security  supervisors negotiating unit, the state university
professional services  negotiating  unit,  the  administrative  services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs  negotiating  unit  such  service  credit limitation provided in
subparagraph (a) of this paragraph shall not exceed  two  hundred  days.
For a nonjudicial officer or employee of the unified court system not in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09761-02-9

S. 5632                             2

a collective negotiating unit or in a collective negotiating unit speci-
fied  in  section  one  of  chapter two hundred three of the laws of two
thousand four, for employees of the New York state dormitory  authority,
for  employees  of  the  New York state thruway authority [and], the New
York state canal corporation AND THE STATE UNIVERSITY CONSTRUCTION  FUND
and for employees of the New York liquidation bureau such service credit
limitation  provided  in  subparagraph  (a)  of this paragraph shall not
exceed two hundred days.
  S 2. Notwithstanding any other provision of law, the past service cost
associated with section one of this act shall be paid by  the  New  York
state  university  construction  fund  over  a period not to exceed five
years.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2003.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend subdivision j of Section 41 of the Retirement
and Social Security Law to allow employees of the New York State Univer-
sity Construction Fund who are members of the New York State  and  Local
Employees' Retirement System to be granted additional service credit for
up  to a maximum of 200 days of accumulated unused sick leave.  Current-
ly, the maximum is 165 days. This would be deemed to be in effect as  of
April 1, 2003.
  If  this  bill  is enacted, there will be a total past service cost of
approximately $21,300 which would be borne by the New York State Univer-
sity Construction Fund. If this cost is amortized over  a  period  of  5
years, the cost for the first year, including interest, would be approx-
imately  $4,940.  In  addition  to the past service cost, there could be
future increases in the annual  contributions  of  the  New  York  State
University Construction Fund.
  This  estimate, dated April 23, 2009, and intended for use only during
the 2009 Legislative Session, is Fiscal Note No.  2009-226  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

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