NY State Senate Bill 2023-S2632

Senate Bill S2632

2023-2024 Legislative Session

Provides for the extension of NYSLRS service credit for any service credit lost due to either furlough or layoff of a member from when executive order 202 was issued through December 31, 2020

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to civil service and pensions
Jan 23, 2023	referred to civil service and pensions

2023-S2632 (ACTIVE) - Details

See Assembly Version of this Bill:: A5725
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8969
2021-2022: S3404

2023-S2632 (ACTIVE) - Summary

Provides for the extension of NYSLRS service credit for any service credit lost due to either furlough or layoff of a member from the period beginning when executive order 202 of 2020 was issued through December 31, 2020.

2023-S2632 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2632

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act providing for the extension of NYSLRS service credit for any
service credit lost due to either furlough or layoff of a member from
the period beginning when executive order 202 of 2020 was issued through
December 31, 2020

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure that no service credit would be lost from the
start of the COVID-19 pandemic in New York State through the end of 2020
for NYSLRS employees, who were either furloughed or experienced a
layoff.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. An extension of service credit shall be granted to full-time,
part-time and seasonal NYSLRS employees, who faced a furlough or layoff
between the period beginning on the date of executive order 202 of 2020

through December 31, 2020. These members would need to have at least
five years of credited service, not including service credited in this
act, to be eligible.

Section 2. Notwithstanding any provision of law to the contrary, none of
the provisions of this act shall be subject to section 25 of the retire-
ment and social security law.

Section 3. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Since the first COVID-19 case was reported in New York, many employees
across the state have either been furloughed or lost their job through
no fault of their own. This bill would allow for any member of the New
York State and Local Retirement System, who have experienced either one
of these events, beginning from executive order 202 of 2020 through
12/31/2020, to receive the service credit lost during this period. It's
the right thing to do during these very challenging times.

 
PRIOR LEGISLATIVE HISTORY:

2022: S.3404B Referred to Civil Service and Pensions

2020: S.8969 Referred to Rules

 
FISCAL IMPLICATIONS:

See Fiscal Note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2632 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2632
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT providing for the extension of  NYSLRS  service  credit  for  any
   service  credit lost due to either furlough or layoff of a member from
   the period beginning when executive  order  202  of  2020  was  issued
   through December 31, 2020
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any provision of law to the  contrary,  any
 member  of  the  New York state and local retirement system who has been
 furloughed or dismissed from employment between the period beginning  on
 the  date  a state disaster emergency was declared pursuant to executive
 order 202 of 2020 through December 31, 2020 and has lost New York  state
 and  local retirement system service credit as a result, shall be eligi-
 ble for service credit for the amount  of  time  such  member  has  been
 furloughed  or  dismissed  during such period. Such extension of service
 credit shall apply to full-time, part-time and seasonal members.    Such
 members  shall have at least five years of credited service, not includ-
 ing service credited in this act, to be eligible to receive  the  credit
 authorized pursuant to this act.
   § 2. Notwithstanding any provision of law to the contrary, none of the
 provisions  of this act shall be subject to section 25 of the retirement
 and social security law.
   § 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  and  Local
 Retirement  System (NYSLRS) who was furloughed or dismissed from employ-
 ment during the period beginning March 7,  2020,  the  date  a  disaster
 emergency  was  declared  in the State of New York pursuant to Executive
 Order 202 of 2020, and ending on December 31, 2020 to be granted service
 credit with the NYSLRS as if no period of unemployment occurred.  To  be

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03786-02-3

 S. 2632                             2
 
 eligible  for this additional service credit, a member must have accrued
 at least 5 years of service credit, not including service credited under
 this bill. This bill would not be consistent with the NYSLRS's policy of
 granting service credit only when a salary has been paid.
   Insofar  as  this bill affects the New York State and Local Employees'
 Retirement System, if this legislation is enacted during the 2023 legis-
 lative session it is estimated that the past service cost  will  average
 approximately  21  percent of an affected member's compensation for each
 year of additional service that is granted.
   Insofar as this bill affects the New York State and Local  Police  and
 Fire  Retirement  System, if this legislation is enacted during the 2023
 legislative session it is estimated that  the  past  service  cost  will
 average  approximately  25  percent of an affected member's compensation
 for each year of additional service that is granted.
   All costs arising from this bill would be shared by the State  of  New
 York and all the participating employers in the NYSLRS.
   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.
   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 17,  2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-33,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

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