S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5164--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced  by  M. of A. PHEFFER AMATO, COLTON, BUTTENSCHON -- read once
   and referred to the Committee on Governmental 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 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-
 VISION.  SERVICE CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL  NOT
 EXCEED ONE YEAR OF CREDIT FOR EACH PERIOD OF APPROVED CHILD CARE LEAVE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02603-03-4
 A. 5164--A                          2
              

 
   § 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 Division of
 State Police to be eligible for up to one year of  service  credit  with
 the  New  York  State  and  Local  Police  and  Fire  Retirement  System
 (NYSLPFRS) for each period of unpaid child care leave  approved  by  the
 New  York  State  Division  of State Police. This bill is not consistent
 with the New York State and Local Retirement System's policy of granting
 service credit only when a salary has been paid.
   If this bill is enacted during the 2024  legislative  session,  it  is
 estimated  that  the past service cost will average approximately 30% 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. All remaining costs
 will be billed to the State of New York annually, based on  those  bene-
 fiting from this provision.
   The  exact  number  of  current  members as well as future members who
 could be affected by this legislation cannot be readily determined.
   To be eligible for this additional service  credit,  the  member  must
 have
   1.  returned  to  paid  employment with the New York State Division of
 State Police following the approved child care leave,
   2. filed an application with the NYSLPFRS within 90 days following the
 termination of the approved child care leave,
   3. accrued at least  five  years  of  service  credit,  not  including
 service credited under this bill, and
   4.  contributed  the  mandatory  amount  based on their most recent 12
 months of non-zero compensation immediately prior to the approved  child
 care leave.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 January 15,  2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note  No. 2024-29,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.