S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7162
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the retirement and social security law, in  relation  to
   authorizing service credit for unpaid or reduced paid family leave for
   members of the state police twenty year retirement plan

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 381-b of the retirement and social security law  is
 amended by adding a new subdivision h to read as follows:
   H.  CREDIT  FOR  FAMILY  LEAVE. NOTWITHSTANDING ANY OTHER LAW, RULE OR
 REGULATION TO THE CONTRARY, IN COMPUTING THE YEARS OF  TOTAL  CREDITABLE
 SERVICE  IN  THE DIVISION OF STATE POLICE FULL CREDIT SHALL BE GIVEN AND
 FULL ALLOWANCE SHALL BE MADE FOR ANY PERIOD OF UNPAID  OR  REDUCED  PAID
 FAMILY  LEAVE TAKEN BY SUCH MEMBER AND APPROVED BY THE DIVISION OF STATE
 POLICE SO LONG AS SUCH MEMBER RETURNED TO PAID EMPLOYMENT IN  THE  DIVI-
 SION OF STATE POLICE.
   (1) 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.
   (2) A MEMBER SHALL 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 SUBDIVISION.
   § 2. All costs incurred in implementing the  provisions  of  this  act
 shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow any member of the New York State Police to be
 eligible for service credit with the New York State and Local Police and
 Fire Retirement System (PFRS) for any period of unpaid or  reduced  paid
 leave  of  absence,  granted  while  such  member was on approved family
 leave, so long as such member has returned to paid employment  with  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11474-03-1

 S. 7162                             2
 
 division  of  the state police. The amount of service credit that may be
 purchased for such family leave is capped at three years.  In  addition,
 such  member  must have accrued at least five years of service credit to
 be eligible to purchase the additional service credit.
   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 2021 legislative session, it is
 estimated that the past service cost will average approximately  21%  of
 an affected member's most recent 12 months of compensation for each year
 of  additional  service that is credited. This cost will be borne by the
 State of New York.
   The exact number of current members as  well  as  future  members  who
 could be affected by this legislation cannot be readily determined.
   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 the State of New York)  based  on
 those benefiting from this provision.
   Summary of relevant resources:
   Membership  data as of March 31, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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 May 20, 2021, and intended for  use  only  during
 the  2021  Legislative Session, is Fiscal Note No. 2021-145, prepared by
 the Actuary for the New York State and Local Retirement System.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7162--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee on Civil Service and Pensions in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to amend the retirement and social security law, in relation to
   authorizing service credit for unpaid or reduced paid family leave for
   members of the state police twenty year retirement plan
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 381-b of the retirement and social security law is
 amended by adding a new subdivision h to read as follows:
   H. CREDIT FOR FAMILY LEAVE. NOTWITHSTANDING ANY  OTHER  LAW,  RULE  OR
 REGULATION  TO  THE CONTRARY, IN COMPUTING THE YEARS OF TOTAL CREDITABLE
 SERVICE IN THE DIVISION OF STATE POLICE FULL CREDIT SHALL BE  GIVEN  AND
 FULL  ALLOWANCE  SHALL  BE MADE FOR ANY PERIOD OF UNPAID OR REDUCED PAID
 FAMILY LEAVE TAKEN BY SUCH MEMBER AND APPROVED BY THE DIVISION OF  STATE
 POLICE  SO  LONG AS SUCH MEMBER RETURNED TO PAID EMPLOYMENT IN THE DIVI-
 SION OF STATE POLICE.
   (1) 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.
   (2)  A  MEMBER SHALL 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 SUBDIVISION.
   §  2.  All  costs  incurred in implementing the provisions of this act
 shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow any member of the New York State  Police  to  be
 eligible for service credit with the New York State and Local Police and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11474-06-2
              

 S. 7162--A                          2
 
 Fire Retirement System for any period of unpaid or reduced paid leave of
 absence, granted while such member was on approved family leave, so long
 as  such member has returned to paid employment with the division of the
 state  police.  The  amount  of service credit that may be purchased for
 such family leave is capped at three years.   In addition,  such  member
 must  have  accrued at least five years of service credit to be eligible
 to purchase the additional service credit.
   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 2022  legislative  session,  it  is
 estimated  that  the past service cost will average approximately 25% of
 an affected member's most recent 12 months of compensation for each year
 of additional service that is credited. This cost will be borne  by  the
 State of New York.
   The  exact  number  of  current  members as well as future members who
 could be affected by this legislation cannot be readily determined.
   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 the State of New York) based on
 those benefiting from this provision.
   Summary of relevant resources:
   Membership data as of March 31, 2021 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al  valuation.    Distributions and other statistics can be found in the
 2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 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, 2021
 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 March 21, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No. 2022-113,  prepared  by
 the Actuary for the New York State and Local Retirement System.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7162--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee on Civil Service and Pensions in accordance with Senate
   Rule  6,  sec.  8  --  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 committee
 
 AN ACT to amend the retirement and social security law, in  relation  to
   authorizing service credit for unpaid or reduced paid child care leave
   for members of the state police twenty year retirement plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 381-b of the retirement and social security law  is
 amended by adding a new subdivision h to read as follows:
   H. SERVICE CREDIT FOR CHILD CARE LEAVE. NOTWITHSTANDING ANY OTHER LAW,
 RULE  OR  REGULATION  TO  THE  CONTRARY, IN COMPUTING THE YEARS OF TOTAL
 CREDITABLE SERVICE IN THE DIVISION OF STATE POLICE FULL  SERVICE  CREDIT
 SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR ANY PERIOD OF UNPAID
 OR  REDUCED  PAID  CHILD CARE LEAVE TAKEN BY SUCH MEMBER AND APPROVED BY
 THE DIVISION OF STATE POLICE SO LONG AS SUCH  MEMBER  RETURNED  TO  PAID
 EMPLOYMENT IN THE DIVISION OF STATE POLICE AND PROVIDED SUCH MEMBER, (1)
 FILES  AN  APPLICATION  TO  SUCH  RETIREMENT  SYSTEM  WITHIN NINETY DAYS
 FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, (2)  CONTRIBUTES  TO  THE
 RETIREMENT  SYSTEM  AN  AMOUNT  WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
 DURING SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON,  BASED  ON
 THE  MEMBER'S  MOST  RECENT TWELVE MONTHS OF NON-ZERO COMPENSATION IMME-
 DIATELY PRIOR TO  THE  LEAVE  OF  ABSENCE  AND  THE  MEMBER'S  MANDATORY
 CONTRIBUTION RATE, AND (3) SUCH MEMBER SHALL 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  SUBDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11474-14-2
 S. 7162--B                          2
              

 
 VISION.   SERVICE CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT
 EXCEED ONE YEAR OF CREDIT FOR EACH PERIOD OF APPROVED CHILD CARE LEAVE.
   § 2. All past service costs incurred in implementing the provisions of
 this act shall be borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow any member of the New York State Police to be
 eligible for service credit with the New York State and Local Police and
 Fire Retirement System (NYSLPFRS) for any period of  unpaid  or  reduced
 paid  leave of absence, granted while such member was on approved family
 leave, so long as such member has returned to paid employment  with  the
 division  of  the state police. The amount of service credit that may be
 purchased for such family leave is capped at three years.  In  addition,
 such  member  must have accrued at least five years of service credit to
 be eligible to purchase the additional service credit.
   For the additional  service  to  be  credited,  the  member  apply  is
 required  to  contribute an amount equal to their mandatory contribution
 rate applied to the most recent 12 months of non-zero compensation.
   This legislation 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 2022  legislative  session,  it  is
 estimated  that  the past service cost will average approximately 25% of
 an affected member's most recent 12 months of compensation for each year
 of additional service that is credited. This cost will be reduced by any
 contributions required to be paid by the member, which are estimated  to
 be  3%  for Tier 5 members and 6% for Tier 6 members. The remaining cost
 will be borne by the State of New York.
   The exact number of current members as  well  as  future  members  who
 could be affected by this legislation cannot be readily determined.
   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 the State of New York)  based  on
 those benefiting from this provision.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 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 May 12, 2022, and intended for  use  only  during
 the  2022  Legislative Session, is Fiscal Note No. 2022-147, prepared by
 the Actuary for the New York State and Local Retirement System.