S T A T E O F N E W Y O R K
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7432
2011-2012 Regular Sessions
I N A S S E M B L Y
May 4, 2011
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Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to a vacation
exchange option for members of the uniformed force of the department
of correction in a city having a population of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section
159-d to read as follows:
S 159-D. VACATION EXCHANGE OPTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, EFFECTIVE APRIL FIRST, TWO THOUSAND TWELVE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE, MEMBERS OF THE UNIFORMED FORCE OF THE
DEPARTMENT OF CORRECTION OF SUCH CITY, WHO ARE ENTITLED TO EARN AND
ACCUMULATE VACATION CREDITS MAY ONCE PER FISCAL YEAR ELECT TO RECEIVE
CASH PAYMENT IN EXCHANGE FOR SUCH EARNED AND ACCUMULATED CREDITS IN
UNITS OF FULL DAYS UP TO A MAXIMUM OF FIVE DAYS, PROVIDED THAT AT THE
TIME OF SUCH ELECTION SUCH EARNED AND ACCUMULATED CREDITS TOTAL THIRTY-
FIVE OR MORE DAYS, AND PROVIDED FURTHER THAT THE AVAILABILITY OF SUCH
VACATION EXCHANGE SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE BUDGET OF SUCH CITY FOR EACH RESPECTIVE FISCAL YEAR. VACATION CRED-
ITS DESIGNATED FOR SUCH AN EXCHANGE SHALL BE SEGREGATED FROM THE EMPLOY-
EE'S ACCRUED VACATION CREDITS FOR FUTURE CASH PAYMENT AND SUCH DAYS
SHALL NOT BE INCLUDED IN THE ACCRUED CREDITS OF THE EMPLOYEE FOR THE
PURPOSES OF DISALLOWING SUBSEQUENT VACATION CREDITS WITHIN THE LIMITS
OTHERWISE PRESCRIBED. THE ELECTION OF SUCH AN EXCHANGE SHALL BE MADE
ANNUALLY BY THE LAST DAY OF THE PAYROLL PERIOD WHICH INCLUDES JULY
FIRST. SUCH PAYMENT FOR EXCHANGED CREDITS SHALL BE MADE DURING THE FIRST
WEEK OF DECEMBER OF THE YEAR OF SUCH EXCHANGE AT A RATE DETERMINED BY
THE EMPLOYEE'S SALARY IN EFFECT ON OCTOBER FIRST OF THE YEAR OF SUCH
PAYMENT. SUCH COMPENSATION SHALL BE PAID IN ADDITION TO AND SHALL NOT BE
PART OF AN EMPLOYEE'S BASIC ANNUAL SALARY, NOR SHALL IT BE CONSIDERED
SALARY FOR THE PURPOSE OF COMPUTING RETIREMENT BENEFITS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10854-01-1