S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4136
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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
   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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02603-02-3
              

 S. 4136                             2
 
   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 2023  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. 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, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 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 31,  2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-38,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.