S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10785--A
 
                           I N  A S S E M B L Y
 
                               July 10, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Governmental  Employees  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT relating to the service credit  of  members  of  the  Westchester
   Correction Officers Benevolent Association

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. Notwithstanding any other law, rule or regulation to the
 contrary, after the effective date of this act any member of  the  West-
 chester Correction Officers Benevolent Association who is also an active
 member  of  the  New  York  State and Local Employees' Retirement System
 employed in a correction officer title as  defined  in  section  eighty-
 nine-e  of  the  retirement and social security law shall be eligible to
 receive service credit in  the  New  York  State  and  Local  Employees'
 Retirement  System  for  any  period of unpaid leave of absence, granted
 while such member was on maternity or  bonding  leave,  pursuant  to  an
 existing  collective  bargaining  agreement,  so long as such member has
 returned to paid employment in the same position.
   2. A member, upon application to such retirement system, may obtain  a
 total  not to exceed three years of service credit for up to three years
 of unpaid leave.
   3. A member must have at least five years  of  credited  service,  not
 including  service  credit  granted  in  this section, to be eligible to
 receive the credit authorized pursuant to this section.
   § 2. All costs incurred in implementing the  provisions  of  this  act
 shall be borne by the county of Westchester.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This  bill  would allow any member of the Westchester Correction Offi-
 cers Benevolent Association to be eligible for service credit  with  the
 New  York State and Local Employees' Retirement System for any period of
 unpaid leave of absence, granted while such member was on  maternity  or
 bonding  leave pursuant to a collective bargaining agreement, so long as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15792-09-0

 A. 10785--A                         2
 
 such member has returned to paid employment in the same position.  There
 is  a  3  year limit on the amount of service credit that may be granted
 for such unpaid leaves. In addition, such member must  have  accrued  at
 least  5  years of service credit in order to be eligible to receive the
 additional service credit for unpaid leave  time  under  this  proposal.
 Further,  this bill would not be consistent with the Retirement System's
 policy that service credit may only be granted for service for  which  a
 salary has been paid.
   If  this  bill  is  enacted during the 2020 legislative session, it is
 estimated that the past service cost will average approximately  18%  of
 an  affected member's or retiree's most recent 12 months of compensation
 for each year of additional service that is credited. This cost will  be
 borne by the County of Westchester.
   There  could  also be additional costs to the ERS on behalf of members
 whose salary increases exceed our expectations subsequent  to  receiving
 this service, or for members who survive beyond their life expectancy.
   Since  a member can apply for this service credit at any time prior to
 retirement, a precise cost cannot 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  Westchester  County)  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, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018, and 2019 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, 2019
 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 fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated October 15,  2020,  and  intended  for  use  only
 during  the  2020  Legislative  Session,  is  Fiscal  Note No. 2020-136,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.