NY State Senate Bill 2019-S899

Senate Bill S899

2019-2020 Legislative Session

Provides a pension benefit parity payment to certain retirees from a state management/confidential position

download bill text pdf

Archive: Last Bill Status - Stricken

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
Feb 26, 2019	recommit, enacting clause stricken
Jan 09, 2019	referred to civil service and pensions

co-Sponsors

2019-S899 (ACTIVE) - Details

See Assembly Version of this Bill:: A2462
Law Section:: Civil Service Law
Laws Affected:: Add §137, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7771, A10093
2021-2022: S2866, A4885

2019-S899 (ACTIVE) - Summary

Provides a pension benefit parity payment to certain retirees from a state management/confidential position.

2019-S899 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S899

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the civil service law, in relation to
establishing a retiree parity payment for certain employees who served
in a position or positions in the classified service of the state desig-
nated managerial or confidential

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides certain employees designated managerial or confiden-
tial to receive a rebate payment for salary increases that were author-
ized, yet ultimately withheld by New York State.

 
SUMMARY OF PROVISIONS:

This bill amends the civil service law by adding a new section 137 to
provide a rebate payment to certain employees designated managerial or
confidential and retired between April 1, 2009 and March 31, 2017.

For those employees that retired between April 1, 2009 and March 31,

2015 and had an authorized salary increase that was withheld, the
employee shall receive a monthly rebate of $70 for each month such
increase was withheld, which shall not exceed $5,000 per employee.

For those employees that retired between April 1, 2015 and March 31,
2017 and had an authorized salary increase that was withheld, the
employee shall receive a rebate of $5,000 less any salary increases
received during that time period.

 
JUSTIFICATION:

During the 2008 recession, management confidential employees (M/Cs) had
their authorized salary increases withheld by the state in an effort to
reduce expenditures.

While many M/Cs ultimately received their withheld pay raises, thousands
of M/Cs retired during the withheld period" and thus were denied this
rightful benefit. This measure provides a rebate to those management
confidential employees that retired after having salary increases with-
held for 2009 and/or 2010. New York saved over $450,000 million in sala-
ries and fringe benefits from the withholding of salary increases for
2019 and 2010. No more than 4,000 eligible retirees are expected to take
advantage of this rebate.

While this measure does not wholly recover those lost wages, it is only
fair to restore some of the lost value of the withheld salaries.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.7771A/A.10909 Committed to Rules

 
FISCAL IMPLICATIONS:

For the 4/1/2009-3/31/2015 period the NYS Division of the Budget
utilized an average M/C annual salary of $72,000. Using data and service
records from New York State and Local Employees Retirement System there
were 2608 M/C retirees whose salary restoration through this proposal
would cost approximately $6.5 million.
The total cost for this proposal is estimated at $9 million.

 
EFFECTIVE DATE:
Immediately.

2019-S899 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    899
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. YOUNG, BOYLE -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Civil  Service  and
   Pensions
 
 AN  ACT  to  amend  the civil service law, in relation to establishing a
   retiree parity payment for certain employees who served in a  position
   or positions in the classified service of the state designated manage-
   rial or confidential
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 137 to read as follows:
   §  137.  MANAGEMENT/CONFIDENTIAL  RETIREE PARITY PAYMENT. 1.  NOTWITH-
 STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE  CONTRARY,  ANY
 RETIREE  WHO SERVED IN A POSITION OR POSITIONS IN THE CLASSIFIED SERVICE
 OF THE STATE DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSUANT  TO  ARTICLE
 FOURTEEN  OF THIS CHAPTER AND WHO RETIRED BETWEEN APRIL FIRST, TWO THOU-
 SAND NINE AND MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, AND HAD A SALARY
 INCREASE AUTHORIZED UNDER CHAPTER TEN OF THE LAWS OF TWO THOUSAND  EIGHT
 WHICH  WAS  WITHHELD FOR STATE FISCAL YEARS TWO THOUSAND NINE AND/OR TWO
 THOUSAND TEN SHALL RECEIVE A SEVENTY DOLLAR  REBATE  PAYMENT  FOR  EVERY
 MONTH  OF  WITHHOLDING  FROM  APRIL  FIRST, TWO THOUSAND NINE UNTIL SUCH
 RETIREE'S  DATE  OF  RETIREMENT  OR  MARCH  THIRTY-FIRST,  TWO  THOUSAND
 FIFTEEN,  WHICHEVER  IS  EARLIER, NOT TO EXCEED A TOTAL OF FIVE THOUSAND
 DOLLARS. THE COMPTROLLER SHALL CERTIFY TO THE DIVISION OF THE  BUDGET  A
 LISTING  OF  ALL SUCH RETIREES DEEMED ELIGIBLE PURSUANT TO THIS SUBDIVI-
 SION.
   2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY, ANY RETIREE WHO SERVED IN A POSITION OR POSITIONS IN THE CLAS-
 SIFIED SERVICE OF THE STATE DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSU-
 ANT  TO  ARTICLE  FOURTEEN OF THIS CHAPTER AND WHO RETIRED BETWEEN APRIL
 FIRST, TWO THOUSAND FIFTEEN AND JUNE THIRTIETH, TWO  THOUSAND  SEVENTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02310-01-9

 S. 899                              2
 
 AND  HAD  A  SALARY INCREASE AUTHORIZED UNDER CHAPTER TEN OF THE LAWS OF
 TWO THOUSAND EIGHT WHICH WAS WITHHELD FOR STATE FISCAL YEARS  TWO  THOU-
 SAND  NINE  AND/OR  TWO THOUSAND TEN SHALL RECEIVE FIVE THOUSAND DOLLARS
 LESS  THE  PARITY  SALARY  INCREASES  RECEIVED DURING THE SPECIFIED TIME
 PERIOD. THE COMPTROLLER SHALL CERTIFY TO THE DIVISION OF  THE  BUDGET  A
 LISTING  OF  ALL SUCH RETIREES DEEMED ELIGIBLE PURSUANT TO THIS SUBDIVI-
 SION.
   § 2. This act shall take effect immediately.

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Senate Bill S899

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Sponsored By

Catharine Young