S T A T E   O F   N E W   Y O R K
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                                  7606

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2013
                               ___________

Introduced  by  M. of A. GABRYSZAK, BARRON, HOOPER -- Multi-Sponsored by
  -- M. of A. COOK, 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.
                                                           LBD09175-02-3
              

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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 and 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-
ee's 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.

A. 7606                             3

  ERS costs: It is estimated that the one time cost will average approx-
imately  15%  of compensation for each additional year of service.  This
cost would be reduced by the member contributions, which vary  according
to  tier  coverage,  and  will  range  between 0% to 6% of compensation.
Pursuant  to Section 25 of the Retirement and Social Security Law, these
costs would be borne by the State of New  York,  and  would  require  an
itemized  appropriation  by  the State of New York sufficient to pay the
costs of the provision.
  PFRS costs: It is estimated that the past service  cost  will  average
approximately  20% of an affected members' compensation for each year of
additional service. This cost would be reduced by  the  member  contrib-
utions, which vary according to tier coverage, and will range between 0%
to  6%  of compensation. These costs would be shared by the State of New
York and all participating employers in the PFRS.
  Summary of relevant resources:
  Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
membership  and  other  statistics  displayed  in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions and Methods: 2010, 2011 and  2012  Annual  Report  to  the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 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 March 20, 2013, and intended for use only  during
the  2013  Legislative Session, is Fiscal Note No. 2013-106, prepared by
the Actuary for the ERS and PFRS.