NY State Senate Bill 2019-S6134B

Senate Bill S6134B

2019-2020 Legislative Session

Permits N.Y. state and N.Y. city teachers' retirement system members to claim retirement credit for up to 10 years of federal teaching service

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
Jan 08, 2020	referred to civil service and pensions
Jun 11, 2019	print number 6134b
Jun 11, 2019	amend and recommit to civil service and pensions
May 31, 2019	print number 6134a
May 31, 2019	amend and recommit to civil service and pensions
May 16, 2019	referred to civil service and pensions

Bill Amendments

Original

B (Active)

2019-S6134 - Details

See Assembly Version of this Bill:: A8260
Current Committee:: Senate Civil Service And Pensions
Law Section:: Education Law
Laws Affected:: Amd §509, Ed L; amd §§446, 513 & 609, R & SS L; amd §13-505, NYC Ad Cd

2019-S6134 - Summary

Permits New York state teachers' and New York city teachers' retirement system members to obtain retirement credit for up to ten years of federal teaching service, including service with VISTA, Head Start and the Peace Corps, if such service would constitute service as a teacher had it been performed within NYS for a participating employer; provides that 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 from some other public or private retirement system.

2019-S6134 - Sponsor Memo

                                
 
BILL NUMBER: S6134

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the education law, the retirement and
social security law and the administrative code of the city of New York,
in relation to permitting members of the New York state and New York
city teachers' retirement systems to claim retirement credit for certain
federal teaching service

 
TITLE OF BILL:

An act to amend the education law, the retirement and social security
law and the administrative code of New York, in relation to permitting
members of the New York state and New York city teachers' retirement
systems to claim retirement credit for certain federal teaching service

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow public teachers in New York State to claim up to 10 years cred-
it for service teaching for federal programs such as Peace Corps, VISTA,
or Head Start for purposes of calculating a pension

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 509 of the education law to
provide that members of the retirement system can claim up to 10 years
credit for service teaching for federal programs such as Peace Corps,
VISTA, or Head Start, provided that the member is not planning on
receiving a benefit from any other retirement system in the future.

Section 2 amends section 446 of the retirement and social security law
to say the same. Section 3 amends section 513 of the retirement and
social security law to say the same. Section 4 amends section 609 of the
retirement and social security law to say the same.

Section 5 amends subparagraph (d) of paragraph 3 of subdivision a of
section 13-505 of the administrative code of New York City to provide
that application to the retirement system and accompanying payment for
prior service must be made within the first four years subsequent to
membership in the NYC Teachers Retirement System or by December 31st,
2019.

Section 6 amends subdivision a of section 13-505 of the administrative
code of New York City to say the same.

Section 7 provides an effective date of June 30th, 2019.

 
JUSTIFICATION:

AmeriCorps Vista is a national program that places volunteers into high-
needs communities across the country to encourage civic engagement,
generate the commitment of private sector resources, and strengthen
local agencies and organizations that serve low-income communities.
With a broad anti-poverty mission, AmeriCorps Vista projects can vary in
nature, but many include teaching at a local secondary school or doing
some kind of transitional or continuing education for adults. The feder-
al government allows AmeriCorp volunteers to count their time in service
towards a pension in the Federal Employees Retirement System so long as
they contribute towards the benefit as well.
Head Start is a program of the Administration for Children & Families
under the umbrella of the federal Department of Health & Human Services
that promotes school readiness by providing comprehensive early child-
hood education, health, nutrition and parent involvement services to
children from low-income families aged birth to five.

Peace Corps is a volunteer program, also run by the federal government,
to promote social and economic development abroad. Peace Corps volun-
teers go on 30-month tours that they can apply towards a retirement
credit in the Federal Employees Retirement System or Civil Service
Retirement System.

Since the retirement system was established in 1921, Tier I members of
the New York State Teachers' Retirement System have been able to claim
credit for up to ten years of public school teaching service performed
in another state. However, if a member was employed by the federal
government and taught in either another state or even within New York
State, s/he is denied the retirement credit. The knowledge and experi-
ence gained through service at programs like AmeriCorps Vista, Head
Start, and Peace Corps, is of enormous benefit to New York State's
students and educational system and, as described above, many of these
programs allow former participants to apply their time towards pensions
at the federal level .

Enactment of this bill would even the playing field by allowing Tier I
members to claim retirement credit for teaching service rendered while
in the employ of the federal government, so long as they are not plan-
ning on receiving a pension from another retirement system as well and
thus double dipping. This bill also extends the provisions of claiming
credit for federal teaching service to Tier II , Ill, IV, V and VI
members.

 
PRIOR LEGISLATIVE HISTORY:

2018: A7452 Abbate - Referred to Governmental Employees
2017: A7452 Abbate - Referred to Governmental Employees
2016: A7007 Abbate - Referred to Governmental Employees
2015: A7007 Abbate - Referred to Governmental Employees
2014: A9543 Abbate - Referred to Governmental Employees
2010: S3406 Maziarz - Referred to Civil Service and Pensions
2009: S3406 Maziarz - Referred to Civil Service and Pensions
2008: S3924A Maziarz/A7123A Lentol - Referred to Civil Service and
Pensions
2007: S3924 Maziarz/A7123 Lentol - Referred to Civil Service and
Pensions

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect June 30, 2019.

2019-S6134 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6134
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN  ACT  to  amend the education law, the retirement and social security
   law and the administrative code of the city of New York,  in  relation
   to  permitting  members of the New York state and New York city teach-
   ers' retirement systems to claim retirement credit for certain federal
   teaching service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  509  of the education law is
 amended by adding a new paragraph d to read as follows:
   D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE ENTI-
 TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY
 SERVICE RENDERED IN THE EMPLOY  OF  THE  FEDERAL  GOVERNMENT,  INCLUDING
 SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE
 SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN
 EMPLOYER  SUBJECT  TO  THE  PROVISIONS OF THIS ARTICLE. THE CREDITING OF
 SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND
 REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD,  PROVIDED  THAT
 SUCH  RULES  AND  REGULATIONS  SHALL  BE SUBSTANTIALLY EQUIVALENT TO THE
 RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF  SERVICE
 PURSUANT  TO  THIS  SECTION.  PROVIDED, HOWEVER, 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 SOME OTHER
 PUBLIC  OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER
 STATE OR FROM THE FEDERAL GOVERNMENT.
   § 2. Section 446 of the retirement and social security law is  amended
 by adding a new subdivision k to read as follows:
   K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06634-02-9

 S. 6134                             2
 
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT TO THE PROVISIONS OF THIS ARTICLE. THE
 CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
 OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
 PROVIDED,  HOWEVER,  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 SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
 SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
 GOVERNMENT.
   § 3. Section 513 of the retirement and social security law is  amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
 PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE. THE  CRED-
 ITING  OF  SERVICE  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
 OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
 PROVIDED,  HOWEVER,  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 SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
 SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
 GOVERNMENT.
   § 4. Section 609 of the retirement and social security law is  amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
 PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE AND PARAGRAPH
 TWO OF SUBDIVISION B OF THIS SECTION. THE CREDITING OF SERVICE  PURSUANT
 TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
 SHALL  BE  ADOPTED  BY  THE  RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM,
 PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE  SUBSTANTIALLY  EQUIV-
 ALENT  TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
 ING OF SERVICE PURSUANT TO THIS SECTION.   PROVIDED,  HOWEVER,  NO  SUCH
 CREDIT  SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-
 ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A  BENEFIT  AT  ANY  FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.

 S. 6134                             3
 
   §  5.  Subparagraph  (d)  of  paragraph  3 of subdivision a of section
 13-505 of the administrative code of the city of New York is amended  to
 read as follows:
   (d)  Credit  for  such  prior service up to a maximum of fifteen years
 shall be given only if application and payment therefor is made  by  the
 contributor  within the first four years subsequent to membership in the
 New York city teachers' retirement system  or  before  December  thirty-
 first, [nineteen hundred sixty-nine] TWO THOUSAND NINETEEN, whichever is
 later.
   § 6. Subdivision a of section 13-505 of the administrative code of the
 city  of  New  York  is  amended by adding a new paragraph 10 to read as
 follows:
   10. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A  MEMBER  SHALL  BE
 ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
 MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
 INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
 CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT TO THE PROVISIONS OF THIS CHAPTER. THE
 CREDITING OF SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE  IN  ACCORDANCE
 WITH  RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD,
 PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE  SUBSTANTIALLY  EQUIV-
 ALENT  TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
 ING OF SERVICE PURSUANT TO THIS SECTION.   PROVIDED,  HOWEVER,  NO  SUCH
 CREDIT  SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-
 ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A  BENEFIT  AT  ANY  FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
   § 7. This act shall take effect June 30, 2019.

2019-S6134A - Details

See Assembly Version of this Bill:: A8260
Current Committee:: Senate Civil Service And Pensions
Law Section:: Education Law
Laws Affected:: Amd §509, Ed L; amd §§446, 513 & 609, R & SS L; amd §13-505, NYC Ad Cd

2019-S6134A - Summary

2019-S6134A - Sponsor Memo

                                
 
BILL NUMBER: S6134A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the education law, the retirement and
social security law and the administrative code of the city of New York,
in relation to permitting members of the New York state and New York
city teachers' retirement systems to claim retirement credit for certain
federal teaching service

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow public teachers in New York State to claim up to 10 years cred-
it for service teaching for federal programs such as Peace Corps, VISTA,
or Head Start for purposes of calculating a pension

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 509 of the education law to
provide that members of the retirement system can claim up to 10 years
credit for service teaching for federal programs such as Peace Corps,
VISTA, or Head Start, provided that the member is not planning on

receiving a benefit from any other retirement system in the future.

Section 2 amends section 446 of the retirement and social security law
to say the same.

Section 3 amends section 513 of the retirement and social security law
to say the same.

Section 4 amends section 609 of the retirement and social security law
to say the same.

Section 5 amends subparagraph (d) of paragraph 3 of subdivision a of
section 13-505 of the administrative code of New York City to provide
that application to the retirement system and accompanying payment for
prior service must be made within the first four years subsequent to
membership in the NYC Teachers Retirement System or by December 31st,
2019.

Section 6 amends subdivision a of section 13-505 of the administrative
code of New York City to say the same.

Section 7 provides an effective date of June 30th, 2019.

 
JUSTIFICATION:

AmeriCorps Vista is a national program that places volunteers into high-
needs communities across the country to encourage civic engagement,
generate the commitment of private sector resources, and strengthen
local agencies and organizations that serve low-income communities. With
a broad anti-poverty mission, AmeriCorps Vista projects can vary in
nature, but many include teaching at a local secondary school or doing
some kind of transitional or continuing education for adults. The feder-
al government allows AmeriCorp volunteers to count their time in service
towards a pension in the Federal Employees Retirement System so long as
they contribute towards the benefit as well.

Head Start is a program of the Administration for Children & Families
under the umbrella of the federal Department of Health & Human Services
that promotes school readiness by providing comprehensive early child-
hood education, health, nutrition and parent involvement services to
children from low-income families aged birth to five.

Peace Corps is a volunteer program, also run by the federal government,
to promote social and economic development abroad. Peace Corps volun-
teers go on 30-month tours that they can apply towards a retirement
credit in the Federal Employees Retirement System or Civil Service
Retirement System.

Since the retirement system was established in 1921, Tier I members of
the New York State Teachers' Retirement System have been able to claim
credit for up to ten years of public school teaching service performed
in another state. However, if a member was employed by the federal
government and taught in either another state or even within New York
State, s/he is denied the retirement credit. The knowledge and experi-
ence gained through service at programs like AmeriCorps Vista, Head
Start, and Peace Corps, is of enormous benefit to New York State's
students and educational system and, as described above, many of these
programs allow former participants to apply their time towards pensions
at the federal level.

Enactment of this bill would even the playing field by allowing Tier I
members to claim retirement credit for teaching service rendered while
in the employ of the federal government, so long as they are not plan-
ning on receiving a pension from another retirement system as well and
thus double dipping. This bill also extends the provisions of claiming
credit for federal teaching service to Tier II, Ill, IV, V and VI
members.

 
PRIOR LEGISLATIVE HISTORY:

2018: A7452 Abbate - Referred to Governmental Employees
2017: A7452 Abbate - Referred to Governmental Employees
2016: A7007 Abbate - Referred to Governmental Employees
2015: A7007 Abbate - Referred to Governmental Employees
2014: A9543 Abbate - Referred to Governmental Employees
2010: S3406 Maziarz - Referred to Civil Service and Pensions
2009: S3406 Maziarz - Referred to Civil Service and Pensions
2008: S3924A Maziarz/A7123A Lentol - Referred to Civil Service and
Pensions
2007: S3924 Maziarz/A7123 Lentol - Referred to Civil Service and
Pensions

 
FISCAL IMPLICATIONS:

See bill

 
EFFECTIVE DATE:
This act shall take effect June 30, 2019.

2019-S6134A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6134--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 education law, the retirement  and  social  security
   law  and  the administrative code of the city of New York, in relation
   to permitting members of the New York state and New York  city  teach-
   ers' retirement systems to claim retirement credit for certain federal
   teaching service
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  509  of  the  education  law  is
 amended by adding a new paragraph d to read as follows:
   D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE ENTI-
 TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY
 SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT, INCLUDING
 SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE
 SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN
 EMPLOYER SUBJECT TO THE PROVISIONS OF THIS  ARTICLE.  THE  CREDITING  OF
 SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND
 REGULATIONS  AS  SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT
 SUCH RULES AND REGULATIONS SHALL  BE  SUBSTANTIALLY  EQUIVALENT  TO  THE
 RULES  AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE
 PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, 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 SOME OTHER
 PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY  OTHER
 STATE OR FROM THE FEDERAL GOVERNMENT.
   §  2. Section 446 of the retirement and social security law is amended
 by adding a new subdivision k to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06634-03-9

 S. 6134--A                          2
 
   K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL  BE
 ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
 MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
 INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
 CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT TO THE PROVISIONS OF THIS ARTICLE. THE
 CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
 OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
 PROVIDED,  HOWEVER,  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 SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
 SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
 GOVERNMENT.
   § 3. Section 513 of the retirement and social security law is  amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
 PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE. THE  CRED-
 ITING  OF  SERVICE  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
 OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
 PROVIDED,  HOWEVER,  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 SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
 SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
 GOVERNMENT.
   § 4. Section 609 of the retirement and social security law is  amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
 PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE AND PARAGRAPH
 TWO OF SUBDIVISION B OF THIS SECTION. THE CREDITING OF SERVICE  PURSUANT
 TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
 SHALL  BE  ADOPTED  BY  THE  RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM,
 PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE  SUBSTANTIALLY  EQUIV-
 ALENT  TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
 ING OF SERVICE PURSUANT TO THIS SECTION.   PROVIDED,  HOWEVER,  NO  SUCH
 CREDIT  SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-

 S. 6134--A                          3
 
 ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A  BENEFIT  AT  ANY  FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
   §  5.  Subparagraph  (d)  of  paragraph  3 of subdivision a of section
 13-505 of the administrative code of the city of New York is amended  to
 read as follows:
   (d)  Credit  for  such  prior service up to a maximum of fifteen years
 shall be given only if application and payment therefor is made  by  the
 contributor  within the first four years subsequent to membership in the
 New York city teachers' retirement system  or  before  December  thirty-
 first, [nineteen hundred sixty-nine] TWO THOUSAND NINETEEN, whichever is
 later.
   § 6. Subdivision a of section 13-505 of the administrative code of the
 city  of  New  York  is  amended by adding a new paragraph 10 to read as
 follows:
   10. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A  MEMBER  SHALL  BE
 ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
 MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
 INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
 CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT TO THE PROVISIONS OF THIS CHAPTER. THE
 CREDITING OF SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE  IN  ACCORDANCE
 WITH  RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD,
 PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE  SUBSTANTIALLY  EQUIV-
 ALENT  TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
 ING OF SERVICE PURSUANT TO THIS SECTION.   PROVIDED,  HOWEVER,  NO  SUCH
 CREDIT  SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-
 ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A  BENEFIT  AT  ANY  FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
   § 7. This act shall take effect June 30, 2019.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  amend section 509 of the Education Law and sections
 446, 513, and 609 of the Retirement and Social Security  Law  to  permit
 members  of  the  New York State Teachers' Retirement System (NYSTRS) to
 claim service credit for up to ten years  of  federal  teaching  service
 (including  Vista,  Head  Start, and the Peace Corps). Payments for such
 credit must be made by those  members  subject  to  Article  14  of  the
 Retirement  and  Social  Security  Law in accordance with section 517 of
 such law and by those members subject to Article 15  of  the  Retirement
 and  Social  Security Law in accordance with section 613 and paragraph 2
 of subdivision b of section 609 of such law.
   It is not possible to determine the number  of  eligible  current  and
 future  members,  or the number of years of teaching service credit each
 such member may purchase under this bill. Therefore, it is not  possible
 to  estimate  the  annual increase in the employers' cost for this bill.
 Whatever increase in liabilities that arises for service credited  under
 this  bill would be included in the cost that would be shared and spread
 through the employer contribution rate.
   It is estimated that the increase in liabilities for each  member  who
 purchases service credit under this bill is as follows:
 
                          Increase in liabilities
   (as a percentage of the member's salary per year of service credited)
 
                  Tier                       1-4        5         6

 S. 6134--A                          4
 
         Increase in liabilities            13.6%     11.1%     10.7%
        Member Contribution offset          3.0%*      3.5%      6.0%
    Net cost to participating employers
        (to be shared and spread)           10.6%      7.6%      4.7%

 *Members of Tier 1 and 2 do not pay member contributions
 
   Member  data  is  from  the  System's  most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.   Data distributions and statistics can be found in the System's
 Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
 reported  in the System's financial statements, and can also be found in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report. Future  actuarial  measurements  may  differ
 significantly from the current measurements presented in this report due
 to  such  factors  as: future plan experience that differs significantly
 from that predicted by the actuarial assumptions, changes in the actuar-
 ial assumptions or methods, and changes in plan provisions or applicable
 law.
   The source of this estimate is Fiscal Note 2019-27 dated May 24,  2019
 prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
 System and is intended for use only during the 2019 Legislative Session.
 I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
 Retirement  System.  I  am a member of the American Academy of Actuaries
 and I meet the Qualification Standards of the American Academy of  Actu-
 aries to render the actuarial opinion contained herein.

2019-S6134B (ACTIVE) - Details

See Assembly Version of this Bill:: A8260
Current Committee:: Senate Civil Service And Pensions
Law Section:: Education Law
Laws Affected:: Amd §509, Ed L; amd §§446, 513 & 609, R & SS L; amd §13-505, NYC Ad Cd

2019-S6134B (ACTIVE) - Summary

2019-S6134B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6134B

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the education law, the retirement and
social security law and the administrative code of the city of New York,
in relation to permitting members of the New York state and New York
city teachers' retirement systems to claim retirement credit for certain
federal teaching service

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow public teachers in New York State to claim up to 10 years cred-
it for service teaching for federal programs such as Peace Corps, VISTA,
or Head Start for purposes of calculating a pension

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 509 of the education law to
provide that members of the retirement system can claim up to 10 years
credit for service teaching for federal programs such as Peace Corps,
VISTA, or Head Start, provided that the member is not planning on

receiving a benefit from any other retirement system in the future.

Section 2 amends section 446 of the retirement and social security law
to say the same.

Section 3 amends section 513 of the retirement and social security law
to say the same.

Section 4 amends section 609 of the retirement and social security law
to say the same.

Section 5 amends subparagraph (d) of paragraph 3 of subdivision a of
section 13-505 of the administrative code of New York City to provide
that application to the retirement system and accompanying payment for
prior service must be made within the first four years subsequent to
membership in the NYC Teachers Retirement System or by December 31st,
2019.

Section 6 amends subdivision a of section 13-505 of the administrative
code of New York City to say the same.

Section 7 provides an effective date of June 30th, 2019.

 
JUSTIFICATION:

AmeriCorps Vista is a national program that places volunteers into high-
needs communities across the country to encourage civic engagement,
generate the commitment of private sector resources, and strengthen
local agencies and organizations that serve low-income communities. With
a broad anti-poverty mission, AmeriCorps Vista projects can vary in
nature, but many include teaching at a local secondary school or doing
some kind of transitional or continuing education for adults. The feder-
al government allows AmeriCorp volunteers to count their time in service
towards a pension in the Federal Employees Retirement System so long as
they contribute towards the benefit as well.

Head Start is a program of the Administration for Children & Families
under the umbrella of the federal Department of Health & Human Services
that promotes school readiness by providing comprehensive early child-
hood education, health, nutrition and parent involvement services to
children from low-income families aged birth to five.

Peace Corps is a volunteer program, also run by the federal government,
to promote social and economic development abroad. Peace Corps volun-
teers go on 30-month tours that they can apply towards a retirement
credit in the Federal Employees Retirement System or Civil Service
Retirement System.

Since the retirement system was established in 1921, Tier I members of
the New York State Teachers' Retirement System have been able to claim
credit for up to ten years of public school teaching service performed
in another state. However, if a member was employed by the federal
government and taught in either another state or even within New York
State, s/he is denied the retirement credit. The knowledge and experi-
ence gained through service at programs like AmeriCorps Vista, Head
Start, and Peace Corps, is of enormous benefit to New York State's
students and educational system and, as described above, many of these
programs allow former participants to apply their time towards pensions
at the federal level.

Enactment of this bill would even the playing field by allowing Tier I
members to claim retirement credit for teaching service rendered while
in the employ of the federal government, so long as they are not plan-
ning on receiving a pension from another retirement system as well and
thus double dipping. This bill also extends the provisions of claiming
credit for federal teaching service to Tier II, Ill, IV, V and VI
members.

 
PRIOR LEGISLATIVE HISTORY:

2018: A7452 Abbate - Referred to Governmental Employees
2017: A7452 Abbate - Referred to Governmental Employees
2016: A7007 Abbate - Referred to Governmental Employees
2015: A7007 Abbate - Referred to Governmental Employees
2014: A9543 Abbate - Referred to Governmental Employees
2010: S3406 Maziarz - Referred to Civil Service and Pensions
2009: S3406 Maziarz - Referred to Civil Service and Pensions
2008: S3924A Maziarz/A7123A Lentol - Referred to Civil Service and
Pensions
2007: S3924 Maziarz/A7123 Lentol - Referred to Civil Service and
Pensions

 
FISCAL IMPLICATIONS:

See bill

 
EFFECTIVE DATE:
This act shall take effect June 30, 2019.

2019-S6134B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6134--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law, the retirement  and  social  security
   law  and  the administrative code of the city of New York, in relation
   to permitting members of the New York state and New York  city  teach-
   ers' retirement systems to claim retirement credit for certain federal
   teaching service
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  509  of  the  education  law  is
 amended by adding a new paragraph d to read as follows:
   D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE ENTI-
 TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY
 SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT, INCLUDING
 SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE
 SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN
 EMPLOYER SUBJECT TO THE PROVISIONS OF THIS  ARTICLE.  THE  CREDITING  OF
 SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND
 REGULATIONS  AS  SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT
 SUCH RULES AND REGULATIONS SHALL  BE  SUBSTANTIALLY  EQUIVALENT  TO  THE
 RULES  AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE
 PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, 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 SOME OTHER
 PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY  OTHER
 STATE OR FROM THE FEDERAL GOVERNMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06634-05-9

 S. 6134--B                          2
 
   §  2. Section 446 of the retirement and social security law is amended
 by adding a new subdivision k to read as follows:
   K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS  OF  THIS  ARTICLE.  THE
 CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
 WITH  RULES  AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD
 OF SUCH RETIREMENT SYSTEM, PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE  FOR  THE  CREDITING  OF  SERVICE  PURSUANT  TO THIS SECTION.
 PROVIDED, HOWEVER, 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 SOME OTHER PUBLIC OR PRIVATE RETIREMENT
 SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE  OR  FROM  THE  FEDERAL
 GOVERNMENT.
   §  3. Section 513 of the retirement and social security law is amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL  BE
 ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
 MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
 INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
 CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE,
 PROVIDED SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO  THE
 PROVISIONS  OF SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE. THE CRED-
 ITING OF SERVICE PURSUANT TO THIS SUBDIVISION  SHALL  BE  IN  ACCORDANCE
 WITH  RULES  AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD
 OF SUCH RETIREMENT SYSTEM, PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE  FOR  THE  CREDITING  OF  SERVICE  PURSUANT  TO THIS SECTION.
 PROVIDED, HOWEVER, 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 SOME OTHER PUBLIC OR PRIVATE RETIREMENT
 SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE  OR  FROM  THE  FEDERAL
 GOVERNMENT.
   §  4. Section 609 of the retirement and social security law is amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE  SHALL  BE
 ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
 MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
 INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
 CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF THIS ARTICLE,
 PROVIDED SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO  THE
 PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE AND PARAGRAPH
 TWO  OF SUBDIVISION B OF THIS SECTION. THE CREDITING OF SERVICE PURSUANT
 TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
 SHALL BE ADOPTED BY THE RETIREMENT  BOARD  OF  SUCH  RETIREMENT  SYSTEM,
 PROVIDED  THAT  SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV-
 ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE  CREDIT-

 S. 6134--B                          3

 ING  OF  SERVICE  PURSUANT TO THIS SECTION.   PROVIDED, HOWEVER, NO SUCH
 CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS  RECEIV-
 ING  A  BENEFIT  OR  WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
   §  5.  Subparagraph  (d)  of  paragraph  3 of subdivision a of section
 13-505 of the administrative code of the city of New York is amended  to
 read as follows:
   (d)  Credit  for  such  prior service up to a maximum of fifteen years
 shall be given only if application and payment therefor is made  by  the
 contributor  within the first four years subsequent to membership in the
 New York city teachers' retirement system  or  before  December  thirty-
 first, [nineteen hundred sixty-nine] TWO THOUSAND NINETEEN, whichever is
 later.
   § 6. Subdivision a of section 13-505 of the administrative code of the
 city  of  New  York  is  amended by adding a new paragraph 10 to read as
 follows:
   10. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A  MEMBER  SHALL  BE
 ENTITLED  TO  OBTAIN  CREDIT  FOR  UP TO TEN YEARS OF SERVICE OTHER THAN
 MILITARY SERVICE RENDERED IN  THE  EMPLOY  OF  THE  FEDERAL  GOVERNMENT,
 INCLUDING  SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD
 CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN  NEW  YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT TO THE PROVISIONS OF THIS CHAPTER. THE
 CREDITING OF SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE  IN  ACCORDANCE
 WITH  RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD,
 PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE  SUBSTANTIALLY  EQUIV-
 ALENT  TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
 ING OF SERVICE PURSUANT TO THIS SECTION.   PROVIDED,  HOWEVER,  NO  SUCH
 CREDIT  SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-
 ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A  BENEFIT  AT  ANY  FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
   § 7. This act shall take effect June 30, 2019.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  amend section 509 of the Education Law and sections
 446, 513, and 609 of the Retirement and Social Security  Law  to  permit
 members  of  the  New York State Teachers' Retirement System (NYSTRS) to
 claim service credit for up to ten years  of  federal  teaching  service
 (including  Vista,  Head  Start, and the Peace Corps). Payments for such
 credit must be made by those  members  subject  to  Article  14  of  the
 Retirement  and  Social  Security  Law in accordance with section 517 of
 such law and by those members subject to Article 15  of  the  Retirement
 and  Social  Security Law in accordance with section 613 and paragraph 2
 of subdivision b of section 609 of such law.
   It is not possible to determine the number  of  eligible  current  and
 future  members,  or the number of years of teaching service credit each
 such member may purchase under this bill. Therefore, it is not  possible
 to  estimate  the  annual increase in the employers' cost for this bill.
 Whatever increase in liabilities that arises for service credited  under
 this  bill would be included in the cost that would be shared and spread
 through the employer contribution rate.
   It is estimated that the increase in liabilities for each  member  who
 purchases service credit under this bill is as follows:
 
                          Increase in liabilities
   (as a percentage of the member's salary per year of service credited)

 S. 6134--B                          4
 
                  Tier                       1-4        5         6
         Increase in liabilities            13.6%     11.1%     10.7%
        Member Contribution offset          3.0%*      3.5%      6.0%
    Net cost to participating employers
        (to be shared and spread)           10.6%      7.6%      4.7%
 
 *Members of Tier 1 and 2 do not pay member contributions
 
   Member  data  is  from  the  System's  most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.   Data distributions and statistics can be found in the System's
 Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
 reported  in the System's financial statements, and can also be found in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report. Future  actuarial  measurements  may  differ
 significantly from the current measurements presented in this report due
 to  such  factors  as: future plan experience that differs significantly
 from that predicted by the actuarial assumptions, changes in the actuar-
 ial assumptions or methods, and changes in plan provisions or applicable
 law.
   The source of this estimate is Fiscal Note 2019-27 dated May 24,  2019
 prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
 System and is intended for use only during the 2019 Legislative Session.
 I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
 Retirement  System.  I  am a member of the American Academy of Actuaries
 and I meet the Qualification Standards of the American Academy of  Actu-
 aries to render the actuarial opinion contained herein.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY  OF BILL: This proposed legislation would amend Retirement and
 Social Security Law (RSSL) Sections 446, 513 and 609 and  Administrative
 Code  of  the  City  of  New York (ACCNY) Section 13-505 to allow active
 members of the New York City Teachers'  Retirement  System  (NYCTRS)  to
 claim service credit for up to ten years of non-military federal service
 (including  service  in  the  Peace  Corps, VISTA, and Head Start) which
 would otherwise constitute service as a teacher had it been performed in
 New York State. No service credit will  be  permitted  for  any  federal
 service  for  which  the  member  is  receiving,  or will be entitled to
 receive, a benefit from any other public or private retirement system.
   Rules and regulations regarding the purchase of such service,  includ-
 ing  the  method  to  assess  the amount required of the member for such
 purchase, will be determined by the TRS Board of Trustees. For  purposes
 of  this Fiscal Note, it has been assumed that members would be eligible
 to purchase federal teaching service immediately upon joining the  plan,
 without any age or service requirements.
   The  proposed legislation also extends the deadline to purchase Tier I
 Outside Teaching Service as specified in ACCNY Section 13-505  from  the
 later of December 31, 1969 and the member's 4th anniversary to the later
 of December 31, 2019 and the member's 4th anniversary.
   Effective Date: June 30, 2019.
   FINANCIAL  IMPACT  -  OVERVIEW: There is no data available to estimate
 the number of years of federal teaching service that members would claim
 under the  proposed  legislation.  Therefore,  the  estimated  financial
 impact  has  been  calculated  on  a  per  individual basis equal to the
 increase in the Present Value of Future Benefits (PVFB) for  an  average
 member who would purchase a single year of credited service.

 S. 6134--B                          5

   With  respect  to  an  individual  member, the additional cost of this
 proposed legislation could vary greatly depending on the number of years
 of federal  teaching  service  purchased  and  the  member's  length  of
 service,  age,  salary history, and the Plan in which the member partic-
 ipates.
   FINANCIAL  IMPACT - PRESENT VALUES: Based on the census data and actu-
 arial assumptions and methods described herein, the  enactment  of  this
 proposed  legislation  would increase the PVFB by approximately $16,300,
 on average for each year of service credited.  This  increase  would  be
 offset  by the amount required to be paid by the member to purchase such
 service.
   FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS:  Enactment  of  this
 proposed  legislation  would increase employer contributions, where such
 amount would depend on the number of years of eligible federal  teaching
 service  credited  as  well  as other characteristics including the age,
 years of service, and  salary  history  of  the  member  purchasing  the
 service.
   As  there  is  no  data  currently available to estimate the number of
 members who might  purchase  federal  teaching  service,  the  financial
 impact  would  be recognized at the time of event. Consequently, changes
 in employer contributions have been estimated assuming that increase  in
 the PVFB will be financed over a time period comparable to that used for
 actuarial  losses  under  the  Entry  Age Normal cost method. Using this
 approach, the additional PVFB would be amortized over a  closed  15-year
 period  (14  payments  under  the  One-Year Lag Methodology) using level
 dollar payments.
   Based on the Actuary's actuarial assumptions and methods in effect  as
 of  June  30,  2018, the enactment of this proposed legislation is esti-
 mated to increase annual employer contributions by approximately  $1,900
 for  each year of service credited. This increase would be offset by the
 amount required to be paid by the member to purchase such service.  With
 respect  to the timing, increases in employer contributions would depend
 upon when members elect to purchase the  service.  Generally,  increased
 employer contributions will first occur the second fiscal year following
 processing and payment of the buyback application.
   OTHER COSTS: Not measured in this Fiscal Note are the following:
   *  The  initial,  additional administrative costs of TRS and other New
 York City agencies to implement the proposed legislation.
   * The impact of this  proposed  legislation  on  Other  Postemployment
 Benefit (OPEB) costs.
   CENSUS  DATA:  The  estimates presented herein are based on the census
 data used in the Preliminary June 30, 2018 (Lag) actuarial valuation  of
 TRS  to  determine  the  Preliminary  Fiscal Year 2020 employer contrib-
 utions.  There were 121,764 active members with an average of 43.9 years
 and average service of 11.6 years.
   ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
 future  employer  contributions  and   annual   employer   contributions
 presented herein have been calculated based on the actuarial assumptions
 and  methods  in effect for the June 30, 2018 (Lag) actuarial valuations
 used to determine the Preliminary Fiscal  Year  2020  employer  contrib-
 utions of TRS.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the actuarial assumptions and methods used and are subject  to
 change  based  on  the realization of potential investment, demographic,
 contribution, and other risks. If actual experience deviates from  actu-
 arial  assumptions,  the  actual costs could differ from those presented

 S. 6134--B                          6
 
 herein. Costs are also dependent on  the  actuarial  methods  used,  and
 therefore  different  actuarial methods could produce different results.
 Quantifying these risks is beyond the scope of this Fiscal Note.
   STATEMENT  OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
 ary for, and independent of, the New York City  Retirement  Systems  and
 Pension  Funds.  I  am a Fellow of the Society of Actuaries, an Enrolled
 Actuary under the Employee Retirement Income and Security Act of 1974, a
 Member of the American Academy of Actuaries, and a Fellow of the Confer-
 ence of Consulting Actuaries. I meet the Qualification Standards of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein. To the best of my knowledge, the results contained  herein  have
 been prepared in accordance with generally accepted actuarial principles
 and  procedures  and  with the Actuarial Standards of Practice issued by
 the Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note  2019-31  dated  June  7,
 2019  was  prepared by the Chief Actuary for the New York City Teachers'
 Retirement System. This estimate is intended for  use  only  during  the
 2019 Legislative Session.

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