Assembly Bill A10127

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

                                  10127

                          I N  A S S E M B L Y

                               May 9, 2012
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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 eligibility for a deferred vested benefit

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

  Section 1. Section 512-a of the education law is amended by  adding  a
new subdivision 13 to read as follows:
  13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR PURPOSES OF DETER-
MINING  ELIGIBILITY  FOR  A  BENEFIT  PURSUANT TO THE PROVISIONS OF THIS
SECTION, A YEAR OF CREDITED SERVICE SHALL MEAN TWENTY DAYS  OR  MORE  OF
CREDITED TEACHING SERVICE RENDERED IN THE STATE DURING THE SCHOOL YEAR.
  S  2. Section 445 of the retirement and social security law is amended
by adding a new subdivision d to read as follows:
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF A MEMBER
OF A TEACHERS' RETIREMENT SYSTEM, FOR THE PURPOSES OF DETERMINING ELIGI-
BILITY FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS SECTION, A  YEAR
OF  CREDITED  SERVICE SHALL MEAN TWENTY DAYS OR MORE OF CREDITED SERVICE
RENDERED DURING THE SCHOOL YEAR.
  S 3. Section 516 of the retirement and social security law is  amended
by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF A MEMBER
OF A TEACHERS' RETIREMENT SYSTEM, FOR THE PURPOSES OF DETERMINING ELIGI-
BILITY  FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS SECTION, A YEAR
OF CREDITED SERVICE SHALL MEAN TWENTY DAYS OR MORE OF  CREDITED  SERVICE
RENDERED DURING THE SCHOOL YEAR.
  S  4. Section 612 of the retirement and social security law is amended
by adding a new subdivision c to read as follows:
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF A MEMBER
OF A TEACHERS' RETIREMENT SYSTEM, FOR THE PURPOSES OF DETERMINING ELIGI-
BILITY FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS SECTION, A  YEAR
OF  CREDITED  SERVICE SHALL MEAN TWENTY DAYS OR MORE OF CREDITED SERVICE
RENDERED DURING THE SCHOOL YEAR.

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

                                                           LBD15585-01-2

A. 10127                            2

  S 5. Section 13-556 of the administrative code of the city of New York
is amended by adding a new subdivision k to read as follows:
  K.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, FOR THE PURPOSES OF
DETERMINING ELIGIBILITY FOR A BENEFIT PURSUANT TO THE PROVISIONS OF THIS
CHAPTER, A YEAR OF CREDITED SERVICE SHALL MEAN TWENTY DAYS  OR  MORE  OF
CREDITED SERVICE RENDERED DURING THE SCHOOL YEAR.
  S  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 30, 2012.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend Section 512-a of the Education Law and  Sections
445,  516,  and 612 of the Retirement and Social Security Law to allow a
member to be deemed to have earned a year of  service  for  purposes  of
determining  vesting  eligibility  if  twenty  days  or more of credited
teaching service were rendered in the state during the school year.
  The annual cost to the employers of members  of  the  New  York  State
Teachers'  Retirement  System  for  this benefit is estimated to be $1.7
million or .01% of payroll if this bill is enacted.
  The source of this estimate is Fiscal Note 2012-13 dated February  22,
2012  prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2012 Legislative Session.
I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
Retirement  System.  I  am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of  Actu-
aries to render the actuarial opinion contained herein.