S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10735
 
                           I N  A S S E M B L Y
 
                               May 16, 2018
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT to amend the civil service law, in relation to credit for unused
   sick leave for employees of community colleges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 4 of section 167 of the civil service law, as
 amended by section 7 of part T of chapter 56 of the  laws  of  2010,  is
 amended to read as follows:
   4.  Upon  the  retirement,  on  or  after July first, nineteen hundred
 sixty-five, of a state employee whose salary  or  compensation  is  paid
 directly  by  the  state,  who  is subject to a plan established by law,
 rule, regulation, written order or written policy which provides for the
 regular earning and accumulation of sick leave, and who is  eligible  to
 continue  coverage  under  the health benefit plan after retirement, the
 department shall determine, based on the employee's age at the  time  of
 retirement,  the  actuarial  equivalent  in monthly installments for the
 remaining life expectancy of such retired employee, of the dollar  value
 of  the  earned and accumulated but unused sick leave standing to his or
 her credit at the time of  retirement,  without  interest.  Such  dollar
 value shall be based on the employee's salary at the time of retirement.
 In  addition  to  regular  employer  contributions, contributions in the
 amount of such monthly installments  shall  be  paid  from  the  state's
 appropriation  to  the  health  insurance  fund  and applied towards the
 charges for health benefits on account of such retired employee and  his
 or  her  dependents,  to  the  extent necessary to pay such charges. The
 remaining amount, if  any,  necessary  to  pay  such  charges  shall  be
 contributed  by  such retired employee. On or after October first, nine-
 teen hundred seventy when such dollar value of such sick  leave  amounts
 to  less  than one hundred dollars for a particular retired employee, in
 lieu of contributions  which  would  otherwise  be  required  from  such
 retired employee, additional contributions shall be paid for the state's
 appropriation  to  the  health  insurance  fund  and applied towards the
 charges for health benefits on account of such retired employee and  his
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15079-01-8

 A. 10735                            2
 
 or  her dependents until the sum of such additional contributions equals
 such dollar value of such sick leave.  The  remaining  amount,  if  any,
 necessary  to  pay  such  charges  shall  be contributed by such retired
 employee.  For  purposes  of  this  subdivision,  employees of the state
 colleges of agriculture, home economics, industrial labor relations, and
 veterinary medicine, the state agricultural experiment station at  Gene-
 va, and any other institution or agency under the management and control
 of  Cornell university as the representative of the board of trustees of
 the state university of New York, and employees of the state college  of
 ceramics  under  the  management and control of Alfred university as the
 representative of the board of trustees of the state university  of  New
 York,  AND  EMPLOYEES  OF A COMMUNITY COLLEGE AS SUCH TERM IS DEFINED IN
 ARTICLE ONE HUNDRED TWENTY-SIX OF THE EDUCATION LAW, shall be deemed  to
 be  state  employees  whose salaries or compensation is paid directly by
 the state.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 sick  leave  accrued  by  an  applicable  employee who has not otherwise
 retired prior to the effective date of this act.