S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1583--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. JEAN-PIERRE, COLTON, SAYEGH, LAVINE, DICKENS,
   COOK, PALMESANO, DeSTEFANO, ASHBY, GOTTFRIED, SIMON,  TAYLOR,  FERNAN-
   DEZ,  MONTESANO  -- read once and referred to the Committee on Govern-
   mental Employees --  recommitted  to  the  Committee  on  Governmental
   Employees  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil service law, in relation  to  use  of  accrued
   vacation time
 
   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
 159-d to read as follows:
   §  159-D.  USE OF ACCRUED VACATION TIME TOWARDS STUDENT LOAN PAYMENTS.
 1. EVERY PUBLIC OFFICER,  EMPLOYEE  OF  THIS  STATE,  COUNTY,  COMMUNITY
 COLLEGE,  PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES (BOCES), VOCATIONAL EDUCATION  AND  EXTENSION
 BOARD, SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED
 SIXTY-SIX  OF  THE  LAWS  OF NINETEEN HUNDRED SIXTY-SEVEN, MUNICIPALITY,
 SCHOOL DISTRICT OR PARTICIPATING EMPLOYER IN  THE  NEW  YORK  STATE  AND
 LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM OR A PARTICIPATING EMPLOYER IN THE
 NEW YORK STATE TEACHERS' RETIREMENT SYSTEM  SHALL  BE  ENTITLED  TO  USE
 ACCRUED VACATION TIME TOWARD THE PAYMENT OF STUDENT LOANS.
   2.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY EMPLOYEES
 SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT AS OF THE EFFECTIVE DATE OF
 THIS SECTION. AN  EMPLOYEE  ORGANIZATION  MAY,  PURSUANT  TO  COLLECTIVE
 BARGAINING,  OPT IN TO THE PROVISIONS OF THIS SECTION ON BEHALF OF THOSE
 PUBLIC EMPLOYEES IT IS EITHER  CERTIFIED  OR  RECOGNIZED  TO  REPRESENT,
 WITHIN  THE MEANING OF ARTICLE FOURTEEN OF THIS CHAPTER, OR MAY ALTERNA-
 TIVELY BARGAIN FOR BENEFITS GREATER OR LESS THAN THOSE PROVIDED  FOR  BY
 THIS  SECTION.  AN  EMPLOYEE  ORGANIZATION  THAT  HAS  OPTED  IN  TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04882-02-2
              

 A. 1583--A                          2
 
 PROVISIONS OF THIS SECTION MAY, PURSUANT TO COLLECTIVE  BARGAINING,  OPT
 OUT  OF  IT AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION
 AND ANY PUBLIC EMPLOYER.
   3.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
 INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS THAT  ACCRUE  TO  EMPLOYEES
 AND  EMPLOYERS  THROUGH  COLLECTIVE  BARGAINING AGREEMENTS, OR OTHERWISE
 DIMINISH THE INTEGRITY OF THE COLLECTIVE BARGAINING RELATIONSHIP.
   4. FOR THE PURPOSES OF THIS SECTION:
   A. "STUDENT LOAN" SHALL MEAN ANY LOAN TO A BORROWER TO FINANCE POSTSE-
 CONDARY EDUCATION OR EXPENSES RELATED TO POSTSECONDARY EDUCATION.
   B. "FEDERAL STUDENT LOAN" MEANS (I) ANY STUDENT LOAN  ISSUED  PURSUANT
 TO  THE  WILLIAM  D.  FORD FEDERAL DIRECT LOAN PROGRAM; (II) ANY STUDENT
 LOAN ISSUED PURSUANT TO THE FEDERAL FAMILY EDUCATION LOAN PROGRAM, WHICH
 WAS PURCHASED BY THE GOVERNMENT OF THE UNITED  STATES  PURSUANT  TO  THE
 FEDERAL  ENSURING CONTINUED ACCESS TO STUDENT LOANS ACT AND IS PRESENTLY
 OWNED BY THE GOVERNMENT OF  THE  UNITED  STATES;  AND  (III)  ANY  OTHER
 STUDENT  LOAN ISSUED PURSUANT TO A FEDERAL PROGRAM THAT IS IDENTIFIED BY
 THE SUPERINTENDENT AS A "FEDERAL STUDENT LOAN" IN A REGULATION.
   5. THE PRESIDENT SHALL PROMULGATE ANY RULES AND REGULATIONS  NECESSARY
 FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.