S T A T E O F N E W Y O R K
________________________________________________________________________
5090--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 11, 2011
___________
Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. BOYLAND,
COLTON, SALADINO, WEINSTEIN -- read once and referred to the Committee
on Governmental Employees -- recommitted to the Committee on Govern-
mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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 THIRTEEN, 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 CONTRIB-
UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST
THEREON. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07890-02-2
A. 5090--A 2
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
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 THIRTEEN, 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 THIRTEEN, 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 CONTRIB-
UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST
THEREON. 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 THIRTEEN, 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 CONTRIB-
UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST
THEREON. 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. 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.
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,
A. 5090--A 3
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 THIRTEEN, 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 CONTRIB-
UTED 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. ANY SERVICE
CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE:
1. "POLICE OR FIRE SERVICE" AS SUCH TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION THREE HUNDRED TWO OF THIS CHAPTER; AND
2. "TOTAL CREDITABLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLE-
MENT TO RETIRE PURSUANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN TITLE
NINE OF ARTICLE TWO AND TITLE TEN OF ARTICLE EIGHT OF THIS CHAPTER.
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 THIRTEEN, 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 CONTRIB-
UTED 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. ANY SERVICE
CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE "TOTAL CREDITA-
BLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO RETIRE PURSU-
ANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN SECTIONS FIVE HUNDRED
THREE AND FIVE HUNDRED FOUR OF THIS ARTICLE, TITLE NINE OF ARTICLE TWO
AND ARTICLE FOURTEEN-B OF THIS CHAPTER.
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 THIRTEEN, 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 CONTRIB-
UTED 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. ANY SERVICE
CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE "CREDITABLE
SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO RETIRE PURSUANT
A. 5090--A 4
TO A SPECIAL RETIREMENT PLAN SET FORTH IN SECTIONS SIX HUNDRED THREE AND
SIX HUNDRED FOUR OF THIS ARTICLE.
S 8. 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
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 THIRTEEN, 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 9. 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 THIRTEEN, 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 PERI-
OD 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. 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 THIRTEEN, 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 CONTRIB-
UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST
THEREON. 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 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 30, 2012 if it
shall have become a law after such date.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
A. 5090--A 5
This bill would grant additional service credit for members of public
retirement systems 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. 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.
This benefit shall be effective as of June 30, 2012.
The number of members who would be affected by this bill cannot be
readily determined.
Insofar as this bill would affect the New York State and Local Employ-
ees' Retirement System (ERS) and the New York State and Local Police and
Fire Retirement System (PFRS), 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. For members in ERS, it is estimated
that the past service cost will average approximately 12% of an affected
members' compensation for each year of additional service. For members
in PFRS, it is estimated that the past service cost will average approx-
imately 20% of an affected members' compensation for each year of addi-
tional 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. These total costs would be shared by the State
of New York and all participating employers in the ERS and PFRS.
Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010 and 2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated November 21, 2011, and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-22,
prepared by the Actuary for the ERS and PFRS.