NY State Senate Bill 2021-S1094

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Jan 06, 2021	referred to civil service and pensions

2021-S1094 (ACTIVE) - Details

See Assembly Version of this Bill:: A3789
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2019-2020 Legislative Session:: S8505, A10436

2021-S1094 (ACTIVE) - Summary

Provides that public employees placed on furlough shall be entitled to any pension service credits such person would have received if employed full time.

2021-S1094 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1094

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act in relation to furloughs of employees by certain public retire-
ment systems; and providing for the repeal of such provisions upon expi-
ration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow furloughs for employees of certain
public retirement systems during the COVID-19 pandemic without the loss
of pension credits.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would allow any employee of a public retirement system in this
state, including, but not limited to, the New York City employees'
retirement system, the New York state teachers' retirement system, the
New York City teachers' retirement system, the New York state and local

police and fire retirement system, who was an employee and entitled to
benefits pursuant to their respective retirement system on March 7,
2020, shall be entitled to pension service credits in the event that
such person is subject to an employee furlough during the "COVID-19
emergency declaration" as if such employee was employed full time during
the COVID-19 emergency declaration.

 
JUSTIFICATION:

Due to the financial impact the COVID-19 pandemic has had on state and
local governments, in conjunction with Governor Cuomo's "COVID-19 Emer-
gency Declaration" for the entire state by executive order number 202,
furloughs of public employees are being considered, and may be executed
if state and local governments do not receive further federal assist-
ance. If and when furloughs do occur, many public employees' pension
credits will be impacted, and their final retirement benefit may be
reduced.

The majority of these public employees have worked a good portion of
their lives providing dedicated service to the residents of New York.
Many of them are essential workers that are presently placing their
lives and the lives of their families and friends in grave danger.
Reducing their retirement benefits due to lost pension credits, by no
fault of their own, is unfair and an injustice to our public servants.
This bill will ensure that accumulation of their pension credits will
not be disrupted if and when they become furloughed employees.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8505, Kaminsky. Referred to Rules.

 
FISCAL IMPLICATIONS: 01221-01-1

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that this act
shall be subject to the expiration of the state disaster emergency
declared for the entire state by executive order number 202 and any
further amendments of modifications, and as may be further extended
pursuant to section 28 of the executive law, and shall be deemed to
expire and be repealed therewith; provided, further, that the commis-
sioner of health shall notify the legislative bill drafting commission
upon the occurrence of the expiration of the state disaster emergency
declared for the entire state by executive order number 202 and any
further amendments or modifications, and as may be further extended
pursuant to section 28 of the executive law, in order that the commis-
sion may maintain an accurate and timely effective data base of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44

2021-S1094 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1094
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT in relation to furloughs of employees by certain  public  retire-
   ment  systems;  and  providing  for the repeal of such provisions upon
   expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  1.  Notwithstanding  any  other provision of law, rule or
 regulation, any employee of a public retirement system  in  this  state,
 including,  but  not limited to, the New York state and local employees'
 retirement system, the New York city employees' retirement  system,  the
 New  York state teachers' retirement system, the New York city teachers'
 retirement system, and the New York state  and  local  police  and  fire
 retirement system, who was an employee and entitled to benefits pursuant
 to  their  respective retirement system on March 7, 2020, shall be enti-
 tled to pension service credits in the event that such person is subject
 to an employee furlough during the "COVID-19 emergency  declaration"  as
 if  such  employee  was employed full time during the COVID-19 emergency
 declaration.
   2. For the purposes of this act, the term:
   (a) "Employee furlough" means a mandatory, temporary  suspension  from
 work without pay.
   (b)  "COVID-19  emergency  declaration"  shall mean the state disaster
 emergency declared for the entire state by executive  order  number  202
 and  any  further  amendments  or  modifications,  and as may be further
 extended pursuant to section 28 of the executive law.
   § 2. This act shall take effect immediately, provided,  however,  that
 this  act shall be subject to the expiration of the state disaster emer-
 gency declared for the entire state by executive order  number  202  and
 any  further amendments or modifications, and as may be further extended
 pursuant to section 28 of the executive law,  and  shall  be  deemed  to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01250-01-1

 S. 1094                             2
 
 expire  and  be  repealed therewith; provided, further, that the commis-
 sioner of health shall notify the legislative bill  drafting  commission
 upon  the  occurrence  of the expiration of the state disaster emergency
 declared  for  the  entire  state  by executive order number 202 and any
 further amendments or modifications, and  as  may  be  further  extended
 pursuant  to  section 28 of the executive law, in order that the commis-
 sion may maintain an accurate and timely  effective  data  base  of  the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.

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Senate Bill S1094

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

2021-S1094 (ACTIVE) - Details

2021-S1094 (ACTIVE) - Summary

2021-S1094 (ACTIVE) - Sponsor Memo

2021-S1094 (ACTIVE) - Bill Text download pdf

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

2021-S1094 (ACTIVE) - Details

2021-S1094 (ACTIVE) - Summary

2021-S1094 (ACTIVE) - Sponsor Memo

2021-S1094 (ACTIVE) - Bill Text download pdf

Comments