NY State Senate Bill 2015-S4623A

Senate Bill S4623A

2015-2016 Legislative Session

Provides for members of certain retirement systems to obtain credit for up to 5 years service rendered as a teacher in a private elementary or secondary school or a private college in New York state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2016	print number 4623a
May 27, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Apr 01, 2015	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2015-S4623 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5446
2019-2020: S5075
2021-2022: S4768
2023-2024: S5182

2015-S4623 - Summary

Provides that a member of the New York state teachers' retirement system or the New York city teachers' retirement system, and certain members of the New York state and local employees' retirement system who are employed by teaching institutions, shall be entitled to obtain credit for up to 5 years service rendered as a teacher employed by a private elementary or secondary school or by a private college in New York state; provides that such credit may be used only for the purpose of determining the amount of pension.

2015-S4623 - Sponsor Memo

                                BILL NUMBER:S4623

TITLE OF BILL:  An act to authorize members of the New York state and
New York city teachers' retirement systems and the New York state and
local employees' retirement system to claim retirement credit for
certain private school teaching service

PURPOSE:

To allow members of the New York City and New York State Teachers'
Retirement Systems and certain members of the New York State
Employees' Retirement System to claim five years of retirement credit
for certain private school teaching service for the purpose of
determining pension amounts.

SUMMARY OF PROVISIONS:

This bill permits members of the New York City and New York State
Teachers' Retirement System and certain members of the New York State
Employees' Retirement System to claim up to five (5) years of
retirement credit for non-public school teaching service within New
York State. Such credit would be used only for determining the amount
of pension. Such private school credit would not be used for purposes
of qualifying for retirement or for calculation of final average
salary.

JUSTIFICATION:

Tier I members of the New York State Teachers' Retirement System have
been allowed for many years to claim out-of-state public school
teaching service. Little distinction can be made between teaching in a
public school in another state and teaching in a non-public school in
New York State. It is well recognized that all types of experience,
which a person acquires, are beneficial to teaching effectiveness.
Knowledge gained through teaching in non-public schools provides a
broad background of experience and should be recognized by allowing a
teacher to obtain retirement credit for non-public teaching
experience. In addition, there has recently been a growing shortage of
certified teachers in specific subject areas such as math and science.
In particular, low performing schools have historically had difficulty
attracting qualified teachers.

The enactment of this bill would help to expand the pool of qualified
teachers and eliminate the employment disincentives that exist under
current law by allowing members of the New York State and the New York
City Teachers' Retirement Systems to claim retirement credit for up to
five years of non-public school teaching service rendered within New
York State.

LEGISLATIVE HISTORY:

2008 - S. 5134b/A. 6793b - Civil Service and Pensions
Committee/Governmental Employees Committee.

FISCAL IMPLICATIONS:

See fiscal note.


EFFECTIVE DATE:

This act shall take effect June 30, 2015, except that any rule or
regulation necessary for the timely implementation of the provisions
of this act on its effective date are authorized and directed to be
promulgated on or before such date.

2015-S4623 - Bill Text download pdf

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

                                  4623

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to authorize members of the New York  state  and  New  York  city
  teachers'  retirement systems and the New York state and local employ-
  ees' retirement system to claim retirement credit for certain  private
  school teaching service

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

  Section 1. Notwithstanding any other provision of law, a member of the
New York state teachers' retirement system or the New York  city  teach-
ers'  retirement  system,  or any member of the New York state and local
employees' retirement system who is employed by  a  school  district,  a
board  of  cooperative  educational services, a vocational education and
extension board, an institution for the  instruction  of  the  deaf  and
blind  as  enumerated  in  section 4201 of the education law or a school
district as enumerated in section 1 of chapter 566 of the laws of  1967,
or  who is employed by the state of New York as an institutional teacher
as defined by section 136 of the civil service law, shall be entitled to
obtain credit for up to five years of  service  rendered  as  a  teacher
employed by a private elementary or secondary school within the state of
New  York  chartered by or registered with the board of regents, or in a
private college within the state of New York authorized by the board  of
regents  to  grant degrees, which would constitute service as a teacher,
had it been performed within New York state for an employer  subject  to
the applicable provisions of law governing such retirement system.
  S 2. The crediting of service pursuant to this act shall be in accord-
ance  with such rules and regulations as shall be adopted by the retire-
ment board of the  New  York  state  teachers'  retirement  system,  the
retirement board of the New York city teachers' retirement system or the
state  comptroller,  as  appropriate, provided that such rules and regu-
lations shall be substantially equivalent to the rules  and  regulations

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09905-02-5

S. 4623                             2

otherwise applicable for the crediting of service pursuant to applicable
provisions  of  law  governing each such retirement system, and provided
further that if such provisions have not expired such member  makes  the
applicable  payments required pursuant to the provisions of sections 517
and 613, and paragraph 2 of subdivision b of section 609 of the  retire-
ment and social security law.
  S  3. The service credit granted pursuant to this act shall constitute
service for the sole purpose  of  computing  the  pension  payable  upon
retirement  for  service  and  under  no circumstances shall the service
credit granted pursuant to this act be used either  in  determining  the
total length of service credit for purposes of eligibility for a service
retirement  benefit  or  in  computing  final  average  salary. Provided
further, no such credit shall be allowed for any service for  which  the
person  is  receiving a benefit or will be entitled to receive a benefit
at any future time from any other public or private retirement system or
plan in this state, any other state or from the federal government.
  S 4. This act shall take effect June 30, 2015, except that any rule or
regulation necessary for the timely implementation of the provisions  of
this act on its effective date are authorized and directed to be promul-
gated on or before such date.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This  bill will allow members of certain public retirement systems who
are currently employed by a school  district,  a  board  of  cooperative
educational  service,  a  vocational  education  and extension board, an
institution for the deaf and blind or as  an  institutional  teacher  to
receive  up  to  five  years of service credit in such public retirement
systems for employment as a teacher  in  private  schools  in  New  York
State.  The  additional  service  credit granted pursuant to this legis-
lation shall constitute service credit solely for the purpose of comput-
ing the pension payable upon retirement, and shall not be used to deter-
mine eligibility for a service benefit. For certain individuals,  member
contributions  will  be  required  to  be paid to obtain such additional
service credit. Tier 6 members would be required to make  a  payment  of
six percent of current compensation per year of additional service cred-
it granted by this bill. Members of all other tiers would be required to
make  a  payment  of  three  percent of current compensation per year of
additional service credit granted by this bill.
  If this bill is enacted, insofar as it affects the New York State  and
Local  Employees' Retirement System (ERS), it is estimated that the past
service cost will average approximately  12%  (9%  for  Tier  6)  of  an
affected members' compensation for each year of additional service cred-
it that is purchased.
  The  exact  number  of  current  members as well as future members who
could be affected by this legislation cannot be readily determined.
  Pursuant to Section 25 of the Retirement and Social Security Law,  the
past service cost for the ERS will be borne entirely by the State of New
York  and  would require an itemized appropriation sufficient to pay the
cost of the provision. Since a member can apply for this service  credit
at  any  time  prior  to  retirement, a precise cost can't be determined
until each member, as well as future members, applies  for  the  service
credit.  Every  year a cost will be determined (and billed to the state)
based on those benefiting from this provision.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014

S. 4623                             3

Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
Assumptions,  and  the  Codes  Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2014
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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 23, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-88,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

2015-S4623A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5446
2019-2020: S5075
2021-2022: S4768
2023-2024: S5182

2015-S4623A (ACTIVE) - Summary

2015-S4623A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4623A

 TITLE OF BILL :

An act to authorize members of the New York state and New York city
teachers' retirement systems and the New York state and local
employees' retirement system to claim retirement credit for certain
private school teaching service

 PURPOSE :

To allow members of the New York City and New York State Teachers'
Retirement Systems and certain members of the New York State
Employees' Retirement System to claim five years of retirement credit
for certain private school teaching service for the purpose of
determining pension amounts.

 SUMMARY OF PROVISIONS :

This bill permits members of the New York City and New York State
Teachers' Retirement System and certain members of the New York State
Employees' Retirement System to claim up to five (5) years of
retirement credit for non-public school teaching service within New
York State. Such credit would be used only for determining the amount
of pension. Such private school credit would not be used for purposes
of qualifying for retirement or for calculation of final average

salary.

 JUSTIFICATION :

Tier I members of the New York State Teachers' Retirement System have
been allowed for many years to claim out-of-state public school
teaching service. Little distinction can be made between teaching in a
public school in another state and teaching in a non-public school in
New York State. It is well recognized that all types of experience,
which a person acquires, are beneficial to teaching effectiveness.
Knowledge gained through teaching in non-public schools provides a
broad background of experience and should be recognized by allowing a
teacher to obtain retirement credit for non-public teaching
experience. In addition, there has recently been a growing shortage of
certified teachers in specific subject areas such as math and science.
In particular, low performing schools have historically had difficulty
attracting qualified teachers.

The enactment of this bill would help to expand the pool of qualified
teachers and eliminate the employment disincentives that exist under
current law by allowing members of the New York State and the New York
City Teachers' Retirement Systems to claim retirement credit for up to
five years of non-public school teaching service rendered within New
York State.

 LEGISLATIVE HISTORY :

2008 - S. 5134b/A. 6793b - Civil Service and Pensions
Committee/Governmental Employees Committee.

 FISCAL IMPLICATIONS :

See fiscal note.

 EFFECTIVE DATE :
This act shall take effect June 30, 2016, except that any rule or
regulation necessary for the timely implementation of the provisions
of this act on its effective date are authorized and directed to be
promulgated on or before such date.

2015-S4623A (ACTIVE) - Bill Text download pdf

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

                                 4623--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  authorize  members  of the New York state and New York city
  teachers' retirement systems and the New York state and local  employ-
  ees'  retirement system to claim retirement credit for certain private
  school teaching service

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

  Section 1. Notwithstanding any other provision of law, a member of the
New  York  state teachers' retirement system or the New York city teach-
ers' retirement system, or any member of the New York  state  and  local
employees'  retirement  system  who  is employed by a school district, a
board of cooperative educational services, a  vocational  education  and
extension  board,  an  institution  for  the instruction of the deaf and
blind as enumerated in section 4201 of the education  law  or  a  school
district  as enumerated in section 1 of chapter 566 of the laws of 1967,
or who is employed by the state of New York as an institutional  teacher
as defined by section 136 of the civil service law, shall be entitled to
obtain  credit  for  up  to  five years of service rendered as a teacher
employed by a private elementary or secondary school within the state of
New York chartered by or registered with the board of regents, or  in  a
private  college within the state of New York authorized by the board of
regents to grant degrees, which would constitute service as  a  teacher,
had  it  been performed within New York state for an employer subject to
the applicable provisions of law governing such retirement system.
  S 2. The crediting of service pursuant to this act shall be in accord-
ance with such rules and regulations as shall be adopted by the  retire-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09905-04-6

S. 4623--A                          2

ment  board  of  the  New  York  state  teachers' retirement system, the
retirement board of the New York city teachers' retirement system or the
state comptroller, as appropriate, provided that such  rules  and  regu-
lations  shall  be substantially equivalent to the rules and regulations
otherwise applicable for the crediting of service pursuant to applicable
provisions of law governing each such retirement  system,  and  provided
further  that  if such provisions have not expired such member makes the
applicable payments required pursuant to the provisions of sections  517
and  613, and paragraph 2 of subdivision b of section 609 of the retire-
ment and social security law.
  S 3. The service credit granted pursuant to this act shall  constitute
service  for  the  sole  purpose  of  computing the pension payable upon
retirement for service and under  no  circumstances  shall  the  service
credit  granted  pursuant  to this act be used either in determining the
total length of service credit for purposes of eligibility for a service
retirement benefit  or  in  computing  final  average  salary.  Provided
further,  no  such credit shall be allowed for any service for which the
person is receiving a benefit or will be entitled to receive  a  benefit
at any future time from any other public or private retirement system or
plan in this state, any other state or from the federal government.
  S 4. This act shall take effect June 30, 2016, except that any rule or
regulation  necessary for the timely implementation of the provisions of
this act on its effective date are authorized and directed to be promul-
gated on or before such date.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will allow members of certain public retirement systems  who
are  currently  employed  by  a  school district, a board of cooperative
educational service, a vocational  education  and  extension  board,  an
institution  for  the  deaf  and blind or as an institutional teacher to
receive up to five years of service credit  in  such  public  retirement
systems  for  employment  as  a  teacher  in private schools in New York
State. The additional service credit granted  pursuant  to  this  legis-
lation shall constitute service credit solely for the purpose of comput-
ing the pension payable upon retirement, and shall not be used to deter-
mine  eligibility for a service benefit. For certain individuals, member
contributions will be required to be  paid  to  obtain  such  additional
service  credit.  Tier  6 members would be required to make a payment of
six percent of current compensation per year of additional service cred-
it granted by this bill. Members of all other tiers would be required to
make a payment of three percent of  current  compensation  per  year  of
additional service credit granted by this bill.
  If  this bill is enacted, insofar as it affects the New York State and
Local Employees' Retirement System (ERS), it is estimated that the  past
service  cost  will  average  approximately  15%  (12% for Tier 6) of an
affected members' compensation for each year of additional service cred-
it that is purchased.
  The exact number of current members as  well  as  future  members  who
could be affected by this legislation cannot be readily determined.
  Pursuant  to Section 25 of the Retirement and Social Security Law, the
past service cost for the ERS will be borne entirely by the State of New
York and would require an itemized appropriation sufficient to  pay  the
cost  of the provision. Since a member can apply for this service credit
at any time prior to retirement, a  precise  cost  can't  be  determined
until  each  member,  as well as future members, applies for the service
credit. Every year a cost will be determined (and billed to  the  state)
based on those benefiting from this provision.

S. 4623--A                          3

  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
Annual Report to the Comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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  May 24, 2016, and intended for use only during
the 2016 Legislative Session, is Fiscal Note No.  2016-60,  prepared  by
the Actuary for the New York State and Local Retirement System.

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