S T A T E   O F   N E W   Y O R K
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                                   2975
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the retirement and social security law, in  relation  to
   service  credit  for  unpaid  maternity leave for a Westchester county
   correction officer or deputy commissioner

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 89-e of the retirement and social security law is
 amended by adding a new subdivision k to read as follows:
   K. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  AN
 ACTIVE MEMBER WHOSE TENURE WITH WESTCHESTER COUNTY AS A CORRECTION OFFI-
 CER  OR  DEPUTY  COMMISSIONER WHO HAS ELECTED TO PARTICIPATE IN THE PLAN
 ESTABLISHED PURSUANT TO THIS SECTION INCLUDES ONE OR MORE UNPAID  MATER-
 NITY  OR BONDING LEAVES OF ABSENCE FOR WHICH SUCH MEMBER DID NOT RECEIVE
 SERVICE CREDIT, SHALL BE ELIGIBLE TO PURCHASE  SERVICE  CREDIT  FOR  ALL
 SUCH  LEAVES  OF  ABSENCE UP TO A MAXIMUM OF THREE YEARS AT A RATE BASED
 UPON SUCH MEMBER'S SALARY IMMEDIATELY BEFORE SUCH MEMBER COMMENCED  SUCH
 LEAVE  OF  ABSENCE,  PROVIDED  THAT (1) AT THE TIME OF ANY SUCH LEAVE OF
 ABSENCE, SUCH MEMBER WAS SUBJECT TO THE PROVISIONS OF THIS SECTION,  (2)
 SUCH MEMBER ELECTS TO PURCHASE SERVICE CREDIT FOR SUCH LEAVES OF ABSENCE
 BY EXECUTING A PERIODIC PAYROLL DEDUCTION AGREEMENT, (3) SUCH MEMBER HAS
 AT  LEAST  FIVE YEARS OF CREDITABLE SERVICE AT THE TIME THAT SUCH MEMBER
 EXECUTES SUCH PERIODIC PAYROLL DEDUCTION AGREEMENT, AND (4) SUCH  MEMBER
 AGREES  TO PAY BOTH THE EMPLOYER'S SHARE AND THE EMPLOYEE'S SHARE OF THE
 COST FOR THE PERIOD OR PERIODS OF TIME BEING PURCHASED.  SUCH  AGREEMENT
 SHALL, FOR EACH LEAVE OF ABSENCE BEING PURCHASED PURSUANT TO THIS SUBDI-
 VISION, SET FORTH THE TOTAL COST OF SUCH CREDIT, THE EMPLOYER'S SHARE OF
 SUCH  COST  THAT  WILL  BE PAID BY THE MEMBER, AND THE NUMBER OF PAYROLL
 PERIODS IN WHICH SUCH PERIODIC PAYMENTS SHALL BE  MADE.  SUCH  AGREEMENT
 SHALL  BE IRREVOCABLE, SHALL NOT BE SUBJECT TO AMENDMENT OR MODIFICATION
 IN ANY  MANNER,  AND  SHALL  EXPIRE  ONLY  UPON  COMPLETION  OF  PAYROLL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06975-01-3
              

 S. 2975                             2
 
 DEDUCTIONS  SPECIFIED THEREIN. NOTWITHSTANDING THE FOREGOING, ANY MEMBER
 WHO HAS ENTERED INTO SUCH A PAYROLL DEDUCTION AGREEMENT AND  WHO  TERMI-
 NATES  EMPLOYMENT  PRIOR  TO COMPLETION OF THE PAYMENTS REQUIRED THEREIN
 SHALL  BE  CREDITED  WITH ANY SERVICE AS TO WHICH SUCH MEMBER SHALL HAVE
 PAID THE CONTRIBUTIONS REQUIRED UNDER THE TERMS OF SUCH AGREEMENT.   ANY
 SERVICE  CREDITED  TO  A  MEMBER  PURSUANT  TO THIS SUBDIVISION SHALL BE
 DEEMED TO BE CREDITABLE SERVICE AND SHALL BE INCLUDED IN COMPUTING YEARS
 OF TOTAL SERVICE FOR RETIREMENT PURSUANT TO THIS SECTION.
   § 2. This act shall take effect immediately.