S T A T E   O F   N E W   Y O R K
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                                  5563

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced by M. of A. GABRYSZAK, SPANO, CASTRO, BARRON, MENG, HOOPER --
  Multi-Sponsored  by  -- M. of A. COOK, MAYERSOHN, PHEFFER, ROBINSON --
  read once and referred to the Committee on Governmental Employees

AN ACT to amend the retirement and social security law, in  relation  to
  credit  for public service rendered in the state of New York under the
  federal Emergency Jobs Appropriation Act prior to becoming a member of
  a retirement system

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

  Section  1.  Subdivision  b of section 41 of the retirement and social
security law is amended by  adding  a  new  paragraph  5-a  to  read  as
follows:
  5-A.  PUBLIC  SERVICE  RENDERED  IN  THE STATE OF NEW YORK IN NINETEEN
HUNDRED EIGHTY-THREE AND/OR NINETEEN HUNDRED EIGHTY-FOUR IN  A  POSITION
CREATED  OR  FILLED  PURSUANT  TO FEDERAL PUBLIC LAW 98-8, THE EMERGENCY
JOBS APPROPRIATION ACT OF 1983, WITHOUT REGARD TO  THE  LENGTH  OF  SUCH
SERVICE,  PROVIDED  SUCH  SERVICE  IS  OTHERWISE  IN COMPLIANCE WITH THE
PROVISIONS OF THIS CHAPTER.
  S 2. Subdivision b of section 446 of the retirement and social securi-
ty law, as amended by chapter 552 of the laws of  2000,  is  amended  to
read as follows:
  b. Previous service.
  A  member  of  a retirement system who is subject to the provisions of
this article shall be eligible to obtain retirement credit for  previous
service  if  retirement  credit  had  previously  been  granted for such
service or if such service that would have been creditable in one of the
public retirement systems of the state, as defined in subdivision  twen-
ty-three  of  section five hundred one of this chapter, at the time such
service was rendered, if the  individual  had  been  a  member  of  such
retirement  system and the member has rendered a minimum of two years of
credited service  after  July  first,  nineteen  hundred  seventy-three;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07653-02-1
              

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provided,  however,  retirement  credit may be granted for service which
predates the date of entry into the retirement system if such service is
otherwise creditable and  was  rendered  by  an  employee  during  which
employment  he  was  ineligible  to  join  a  public  retirement system.
NOTWITHSTANDING ANYTHING IN THIS CHAPTER TO THE CONTRARY, A MEMBER SHALL
BE ELIGIBLE TO OBTAIN RETIREMENT CREDIT FOR PUBLIC SERVICE  RENDERED  IN
THE  STATE  OF NEW YORK IN NINETEEN HUNDRED EIGHTY-THREE AND/OR NINETEEN
HUNDRED EIGHTY-FOUR IN A POSITION CREATED OR FILLED PURSUANT TO  FEDERAL
PUBLIC  LAW  98-8, THE EMERGENCY JOBS APPROPRIATION ACT OF 1983, WITHOUT
REGARD TO THE LENGTH OF SUCH SERVICE, PROVIDED SUCH SERVICE IS OTHERWISE
IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER.
  S 3. Paragraph 1 of subdivision b of section 609 of the retirement and
social security law, as amended by chapter 552 of the laws of  2000,  is
amended to read as follows:
  1.  A  member  shall be eligible to obtain retirement credit hereunder
for previous service with a public employer  if  retirement  credit  had
previously  been granted for such service or if such service which would
have been creditable in one of the  public  retirement  systems  of  the
state,  as  defined  in subdivision twenty-three of section five hundred
one of this chapter, at the time such service was rendered, if the indi-
vidual had been a member of such retirement system and  the  member  has
rendered  a  minimum  of two years of credited service after July first,
nineteen hundred seventy-six or after last rejoining a public retirement
system, if later; provided, however, retirement credit  may  be  granted
for  service which predates the date of entry into the retirement system
if such service is otherwise creditable and  the  member  satisfied  the
minimum  service  requirements  set  forth  in  this subdivision and was
rendered by an employee of a public employer during which employment  he
was  ineligible  to  join  a public retirement system provided that such
public employer was participating in a public retirement system  of  the
state at the time of such employment, or is so participating at the time
that  such  credit  for such previous service is being sought.  NOTWITH-
STANDING ANYTHING IN THIS CHAPTER TO THE CONTRARY,  A  MEMBER  SHALL  BE
ELIGIBLE  TO OBTAIN RETIREMENT CREDIT FOR PUBLIC SERVICE RENDERED IN THE
STATE OF NEW YORK  IN  NINETEEN  HUNDRED  EIGHTY-THREE  AND/OR  NINETEEN
HUNDRED  EIGHTY-FOUR IN A POSITION CREATED OR FILLED PURSUANT TO FEDERAL
PUBLIC LAW 98-8, THE EMERGENCY JOBS APPROPRIATION ACT OF  1983,  WITHOUT
REGARD TO THE LENGTH OF SUCH SERVICE, PROVIDED SUCH SERVICE IS OTHERWISE
IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant additional service credit for certain members of
public  retirement  systems  who  rendered  service in 1983 or 1984 in a
position created or filled pursuant to the federal Emergency Jobs Appro-
priations Act of 1983. Members would be required to  make  any  contrib-
ution which would have been made during such period of service, together
with interest thereon.
  The  exact 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, plan coverage  and
tier.  The  past  service  costs  will  average  approximately 12% of an
affected member's compensation for each year of  additional  service  in

A. 5563                             3

the  ERS  and approximately 20% of an affected member's compensation for
each year of additional service in the  PFRS.    These  costs  would  be
shared  by  the State of New York and all participating employers in the
ERS and PFRS.
  This  estimate,  dated  February  15,  2011, and intended for use only
during the 2011  Legislative  Session,  is  Fiscal  Note  No.  2011-106,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System and the New York  State  and  Local  Police  and  Fire
Retirement System.