NY State Senate Bill 2017-S6097B

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Mar 21, 2018	advanced to third reading
Mar 20, 2018	2nd report cal.
Mar 19, 2018	1st report cal.656
Jan 24, 2018	print number 6097b
Jan 24, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions returned to senate died in assembly
Jun 19, 2017	referred to governmental employees delivered to assembly passed senate ordered to third reading cal.1963 committee discharged and committed to rules
May 24, 2017	print number 6097a
May 24, 2017	amend and recommit to civil service and pensions
May 11, 2017	referred to civil service and pensions

Votes

- Jun 19, 2017 - Floor Vote
  S6097B
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serrano
  Jun 19, 2017 - Rules Committee Vote
  S6097B
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2017
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Gianaris
      
      LaValle
  Mar 19, 2018 - Civil Service And Pensions Committee Vote
  S6097B
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Mar 19, 2018
      
      aye (11)
      
      Addabbo Jr.
      
      Benjamin
      
      Croci
      
      Golden
      
      Lanza
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino

Bill Amendments

Original

B (Active)

2017-S6097 - Details

Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §89, R & SS L

2017-S6097 - Summary

Relates to the deferral of vacation days for certain members of the retirement systems.

2017-S6097 - Sponsor Memo

2017-S6097 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6097
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the retirement and social security law, in  relation  to
   the  deferral  of  vacation days for certain members of the retirement
   system

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  89  of the retirement and social security law is
 amended by adding a new subdivision l to read as follows:
   L. NOTWITHSTANDING THE PROVISIONS OF ANY  GENERAL,  SPECIAL  OR  LOCAL
 LAW,  CODE,  RESOLUTION  OR  CHARTER TO THE CONTRARY, UNIFORMED PERSONS,
 UNIFORMED  PERSONNEL,  OR  SECURITY  HOSPITAL  TREATMENT  ASSISTANTS  AS
 DEFINED IN SUBDIVISION I OF THIS SECTION SHALL BE AFFORDED THE OPTION OF
 POSTPONING  THE  USE  OF  UP TO FIVE VACATION DAYS PER YEAR AND TAKING A
 MONETARY PAYMENT IN LIEU THEREOF ON THE DATE OF  RETIREMENT,  SEPARATION
 FROM  SERVICE,  OR  ON THE DATE THE MEMBER BECOMES INELIGIBLE TO RECEIVE
 THE BENEFITS PROVIDED BY THIS SECTION BY REASON OF TERMINATION, TRANSFER
 TO A DIFFERENT TITLE OR FOR ANY OTHER REASON WHICH WOULD OTHERWISE  DEEM
 THE MEMBER INELIGIBLE TO RECEIVE SUCH BENEFITS, AT THE PAY RATE APPLICA-
 BLE  TO  SUCH  MEMBER  ON THE DATE OF SUCH MEMBER'S RETIREMENT OR ON THE
 DATE SUCH MEMBER BECOMES INELIGIBLE TO RECEIVE THE BENEFITS PROVIDED  BY
 THIS  SECTION  BY REASON OF SEPARATION OF SERVICE, TERMINATION, TRANSFER
 TO A DIFFERENT TITLE OR FOR ANY OTHER REASON.    SUCH  MONETARY  PAYMENT
 SHALL  NOT  BE UTILIZED IN THE DETERMINATION OF FINAL AVERAGE SALARY FOR
 ANY SUCH MEMBER WHO SO ELECTS TO POSTPONE VACATION DAYS PURSUANT TO THIS
 SUBDIVISION. ANY SUCH MEMBER WISHING TO POSTPONE  THE  USE  OF  VACATION
 DAYS  PURSUANT  TO  THIS SUBDIVISION SHALL ELECT SUCH POSTPONEMENT ON AN
 ANNUAL BASIS BY CERTIFYING TO THE DIRECTOR OF PERSONNEL OF  HIS  OR  HER
 RESPECTIVE  EMPLOYER OF HIS OR HER INTENTION TO DO SO IN SUCH MANNER AND
 FORM AS THE RESPECTIVE DIRECTOR SHALL SO REQUIRE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11669-01-7

2017-S6097A - Details

Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §89, R & SS L

2017-S6097A - Summary

Relates to the deferral of vacation days for certain members of the retirement systems.

2017-S6097A - Sponsor Memo

                                 BILL NUMBER:  S6097A

 TITLE OF BILL :  An act to amend the retirement and social security
law, in relation to the deferral of vacation days for certain members
of the retirement system

 PURPOSE OR GENERAL IDEA OF BILL :

To allow State Correctional Officers to voluntarily defer up to five
vacation days

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends § 89 of the Retirement and Social
Security Law to authorize State Correctional Officers to voluntarily
defer up to five vacation days per year and receive a lump sum payment
equal to the value of the time deferred upon retirement. The bill
specifically prohibits the inclusion of such lump sum payment in the
calculation of final average salary.

Section 2 of the bill provides an immediate effective date.

 JUSTIFICATION :

State Correctional Officers in extremely stressful and dangerous
environments. Correctional Officers maintain the safety and security

within our State's prison system and are charged with the care custody
and control of the State's inmate population.

This legislation simply establishes a new savings mechanism by
affording these hard working civil servants an opportunity to defer
vacation time which has already accrued so that such time can be paid
out in a lump sum at the time of retirement. Any such vacation time
which is deferred and paid out at retirement cannot be utilized in the
calculation of final average salary, per this legislation. As such,
there is no fiscal impact to the State's Retirement System.

 PRIOR LEGISLATIVE HISTORY :

2014: S.3867A - Vetoed memo .557

 FISCAL IMPLICATIONS :

Please see fiscal note.

2017-S6097A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6097--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   the deferral of vacation days for certain members  of  the  retirement
   system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 89 of the retirement and  social  security  law  is
 amended by adding a new subdivision l to read as follows:
   L.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
 LAW, CODE, RESOLUTION OR CHARTER TO  THE  CONTRARY,  UNIFORMED  PERSONS,
 UNIFORMED  PERSONNEL,  OR  SECURITY  HOSPITAL  TREATMENT  ASSISTANTS  AS
 DEFINED IN SUBDIVISION I OF THIS SECTION SHALL BE AFFORDED THE OPTION OF
 POSTPONING THE USE OF UP TO FIVE VACATION DAYS PER  YEAR  AND  TAKING  A
 MONETARY  PAYMENT  IN LIEU THEREOF ON THE DATE OF RETIREMENT, SEPARATION
 FROM SERVICE, OR ON THE DATE THE MEMBER BECOMES  INELIGIBLE  TO  RECEIVE
 THE BENEFITS PROVIDED BY THIS SECTION BY REASON OF TERMINATION, TRANSFER
 TO  A DIFFERENT TITLE OR FOR ANY OTHER REASON WHICH WOULD OTHERWISE DEEM
 THE MEMBER INELIGIBLE TO RECEIVE SUCH BENEFITS, AT THE PAY RATE APPLICA-
 BLE TO SUCH MEMBER ON THE DATE OF SUCH MEMBER'S  RETIREMENT  OR  ON  THE
 DATE  SUCH MEMBER BECOMES INELIGIBLE TO RECEIVE THE BENEFITS PROVIDED BY
 THIS SECTION BY REASON OF SEPARATION OF SERVICE,  TERMINATION,  TRANSFER
 TO  A  DIFFERENT  TITLE  OR FOR ANY OTHER REASON.  SUCH MONETARY PAYMENT
 SHALL NOT BE UTILIZED IN THE DETERMINATION OF FINAL AVERAGE  SALARY  FOR
 ANY SUCH MEMBER WHO SO ELECTS TO POSTPONE VACATION DAYS PURSUANT TO THIS
 SUBDIVISION.  ANY  SUCH  MEMBER  WISHING TO POSTPONE THE USE OF VACATION
 DAYS PURSUANT TO THIS SUBDIVISION SHALL ELECT SUCH  POSTPONEMENT  ON  AN
 ANNUAL  BASIS  BY  CERTIFYING TO THE DIRECTOR OF PERSONNEL OF HIS OR HER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11669-02-7

 S. 6097--A                          2
 
 RESPECTIVE EMPLOYER OF HIS OR HER INTENTION TO DO SO IN SUCH MANNER  AND
 FORM AS THE RESPECTIVE DIRECTOR SHALL SO REQUIRE.
   § 2. This act shall take effect immediately.
   Fiscal Note.--Pursuant to Legislative Law, Section 50:
   This  bill would allow State Correction Officers and Security Hospital
 Treatment Assistants to postpone up to 5 days of vacation per  year  and
 take monetary payment in lieu thereof on the date of retirement.
   If  this  bill  is enacted, affected members would become eligible for
 increased lump sum payments on their  dates  of  retirement,  separation
 from  service,  termination  or transfer to a different title. The addi-
 tional payment may not be included in the members' final average salary.
 Therefore, this legislation does not change any benefit calculations  of
 the  New  York  State  and Local Employees' Retirement System, and there
 would not be a cost.
   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, 2016 actuarial valu-
 ation. Distributions and other statistics  can  be  found  in  the  2016
 Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2015
 and  2016 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, 2016
 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 22, 2017, and intended for  use  only  during
 the  2017  Legislative Session, is Fiscal Note No. 2017-105, prepared by
 the Actuary for the New York State and Local Retirement System.

2017-S6097B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §89, R & SS L

2017-S6097B (ACTIVE) - Summary

Relates to the deferral of vacation days for certain members of the retirement systems.

2017-S6097B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6097B

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to the deferral of vacation days for certain members of
the retirement system

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow State Correctional Officers to voluntarily defer up to five
vacation days

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 89 of the Retirement and Social
Security Law to authorize State Correctional Officers to voluntarily
defer up to five vacation days per year and receive a lump sum payment
equal to the value of the time deferred upon retirement. The bill
specifically prohibits the inclusion of such lump sum payment in the
calculation of final average salary.

Section 2 of the bill provides an immediate effective date.

 
EXISTING LAW:

New bill.

 
JUSTIFICATION:

State Correctional Officers in extremely stressful and dangerous envi-
ronments. Correctional Officers maintain the safety and security within
our State's prison system and are charged with the care custody and
control of the State's inmate population.

This legislation simply establishes a new savings mechanism by affording
these hard working civil servants an opportunity to defer vacation time
which has already accrued so that such time can be paid out in a lump
sum at the time of retirement. Any such vacation time which is deferred
and paid out at retirement cannot be utilized in the calculation of
final average salary, per this legislation. As such, there is no fiscal
impact to the State's Retirement System.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.6097A - Passed in Senate
2014: S.3867A - Vetoed, Memo No.557

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2017-S6097B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6097--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to said committee -- 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 committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   the deferral of vacation days for certain members  of  the  retirement
   system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 89 of the retirement and  social  security  law  is
 amended by adding a new subdivision l to read as follows:
   L.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
 LAW, CODE, RESOLUTION OR CHARTER TO  THE  CONTRARY,  UNIFORMED  PERSONS,
 UNIFORMED  PERSONNEL,  OR  SECURITY  HOSPITAL  TREATMENT  ASSISTANTS  AS
 DEFINED IN SUBDIVISION I OF THIS SECTION SHALL BE AFFORDED THE OPTION OF
 POSTPONING THE USE OF UP TO FIVE VACATION DAYS PER  YEAR  AND  TAKING  A
 MONETARY  PAYMENT  IN LIEU THEREOF ON THE DATE OF RETIREMENT, SEPARATION
 FROM SERVICE, OR ON THE DATE THE MEMBER BECOMES  INELIGIBLE  TO  RECEIVE
 THE BENEFITS PROVIDED BY THIS SECTION BY REASON OF TERMINATION, TRANSFER
 TO  A DIFFERENT TITLE OR FOR ANY OTHER REASON WHICH WOULD OTHERWISE DEEM
 THE MEMBER INELIGIBLE TO RECEIVE SUCH BENEFITS, AT THE PAY RATE APPLICA-
 BLE TO SUCH MEMBER ON THE DATE OF SUCH MEMBER'S  RETIREMENT  OR  ON  THE
 DATE  SUCH MEMBER BECOMES INELIGIBLE TO RECEIVE THE BENEFITS PROVIDED BY
 THIS SECTION BY REASON OF SEPARATION OF SERVICE,  TERMINATION,  TRANSFER
 TO  A  DIFFERENT  TITLE  OR FOR ANY OTHER REASON.  SUCH MONETARY PAYMENT
 SHALL NOT BE UTILIZED IN THE DETERMINATION OF FINAL AVERAGE  SALARY  FOR
 ANY SUCH MEMBER WHO SO ELECTS TO POSTPONE VACATION DAYS PURSUANT TO THIS
 SUBDIVISION.  ANY  SUCH  MEMBER  WISHING TO POSTPONE THE USE OF VACATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11669-03-8

 S. 6097--B                          2
 
 DAYS PURSUANT TO THIS SUBDIVISION SHALL ELECT SUCH  POSTPONEMENT  ON  AN
 ANNUAL  BASIS  BY  CERTIFYING TO THE DIRECTOR OF PERSONNEL OF HIS OR HER
 RESPECTIVE EMPLOYER OF HIS OR HER INTENTION TO DO SO IN SUCH MANNER  AND
 FORM AS THE RESPECTIVE DIRECTOR SHALL SO REQUIRE.
   § 2. This act shall take effect immediately.
   Fiscal Note.--Pursuant to Legislative Law, Section 50:
   This  bill would allow State Correction Officers and Security Hospital
 Treatment Assistants to postpone up to 5 days of vacation per  year  and
 take monetary payment in lieu thereof on the date of retirement.
   If  this  bill  is enacted, affected members would become eligible for
 increased lump sum payments on their  dates  of  retirement,  separation
 from  service,  termination  or transfer to a different title. The addi-
 tional payment may not be included in the members' final average salary.
 Therefore, this legislation does not change any benefit calculations  of
 the  New  York  State  and Local Employees' Retirement System, and there
 would not be a cost.
   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, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2017
 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 January 4, 2018, and intended for use only during
 the 2018 Legislative Session, is Fiscal Note No.  2018-26,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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Senate Bill S6097B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jun 19, 2017 - Floor Vote

Floor Vote: Jun 19, 2017

Jun 19, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2017

Mar 19, 2018 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: Mar 19, 2018

Bill Amendments

2017-S6097 - Details

2017-S6097 - Summary

2017-S6097 - Sponsor Memo

2017-S6097 - Bill Text download pdf

2017-S6097A - Details

2017-S6097A - Summary

2017-S6097A - Sponsor Memo

2017-S6097A - Bill Text download pdf

2017-S6097B (ACTIVE) - Details

2017-S6097B (ACTIVE) - Summary

2017-S6097B (ACTIVE) - Sponsor Memo

2017-S6097B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6097B

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S6097 - Details

2017-S6097 - Summary

2017-S6097 - Sponsor Memo

2017-S6097 - Bill Text download pdf

2017-S6097A - Details

2017-S6097A - Summary

2017-S6097A - Sponsor Memo

2017-S6097A - Bill Text download pdf

2017-S6097B (ACTIVE) - Details

2017-S6097B (ACTIVE) - Summary

2017-S6097B (ACTIVE) - Sponsor Memo

2017-S6097B (ACTIVE) - Bill Text download pdf

Comments