Assembly Bill A7570

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7570
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   service credit related to the birth or adoption of a new child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 513 of the retirement and social  security  law  is
 amended by adding a new subdivision i to read as follows:
   I.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
 CORRECTION OFFICER MEMBER, AS SUCH TERM IS DEFINED IN SUBDIVISION  E  OF
 SECTION  EIGHTY-NINE-F  OF  THIS  CHAPTER, WHO IS ABSENT WITHOUT PAY FOR
 LEAVE RELATED TO THE BIRTH OR ADOPTION OF A NEW CHILD PURSUANT  TO  LAW,
 RULE OR REGULATION SHALL BE ELIGIBLE FOR CREDIT FOR SUCH PERIOD OF LEAVE
 PROVIDED  SUCH MEMBER (I) FILES A CLAIM FOR SUCH SERVICE CREDIT WITH THE
 RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-SIX  OR
 WITHIN NINETY DAYS OF THE TERMINATION OF SUCH LEAVE, WHICHEVER IS LATER;
 (II)  CONTRIBUTES  TO  THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER
 WOULD HAVE CONTRIBUTED DURING THE PERIOD OF SUCH  LEAVE,  TOGETHER  WITH
 INTEREST  THEREON,  BASED  ON  THE MEMBER'S MOST RECENT TWELVE MONTHS OF
 NON-ZERO COMPENSATION IMMEDIATELY PRIOR TO THE LEAVE OF ABSENCE AND  THE
 MEMBER'S  MANDATORY  CONTRIBUTION RATE; AND (III) 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 SUBDIVISION.  PROVIDED, HOWEVER, IF A MEMBER DOES NOT
 HAVE FIVE YEARS OF SERVICE CREDIT AT THE TIME OF THEIR LEAVE, THEY SHALL
 HAVE NINETY DAYS FROM WHEN THEY ACHIEVE FIVE YEARS OF SERVICE CREDIT  TO
 FILE  A  CLAIM  FOR  SUCH  SERVICE  CREDIT WITH THE RETIREMENT SYSTEM TO
 RECEIVE THE CREDIT AUTHORIZED PURSUANT TO THIS SUBDIVISION.
   2. SERVICE CREDIT PROVIDED PURSUANT  TO  THIS  SUBDIVISION  SHALL  NOT
 EXCEED  ONE  YEAR  OF  CREDIT FOR EACH PERIOD OF AUTHORIZED UNPAID LEAVE
 RELATED TO THE BIRTH OR ADOPTION OF A CHILD. IN THE  EVENT  THERE  IS  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07697-04-5
              

 A. 7570                             2
 
 CONFLICT  BETWEEN  THE PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS
 OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS  SUBDI-
 VISION SHALL GOVERN.
   §   2.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by Suffolk County.
   § 3. Notwithstanding any provision of law to the contrary, none of the
 provisions of this act shall be subject to the appropriation requirement
 of section 25 of the retirement and social security law.
   § 4. 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
 Employees'  Retirement  System (NYSLERS) employed by Suffolk County as a
 correction officer to be eligible for up to one year of  service  credit
 for  each  period  of  authorized  unpaid  leave related to the birth or
 adoption of a new child. 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.
   To be eligible, members must have at  least  five  years  of  credited
 service  in  NYSLERS. For the additional service to be credited, members
 must apply within 90 days of their return  from  the  authorized  unpaid
 leave and must pay contributions based on their most recent 12 months of
 non-zero compensation.
   If  this  bill  is  enacted during the 2025 Legislative Session, it is
 estimated that the past service cost will average approximately  25%  of
 an  affected  member's  compensation for each year of additional service
 that is credited. This cost will be  reduced  by  member  contributions,
 which  are  estimated  to  be  3%  for  Tier 5 members and 6% for Tier 6
 members. All remaining costs will be billed to Suffolk County  annually,
 based on those benefiting 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.
   Summary of relevant resources:
   Membership data as of March 31, 2024 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2024 Report of the Actuary and the 2024 Annual  Comprehensive  Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024  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, 2024 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 March 24, 2025, and intended for use only  during
 the 2025 Legislative Session, is Fiscal Note No. 2025-48. As Chief Actu-
 ary of the New York State and Local Retirement System, I, Aaron Schottin
 Young,  hereby certify that this analysis complies with applicable Actu-
 arial Standards of Practice as well as the Code of Professional  Conduct
 and Qualification Standards for Actuaries Issuing Statements of Actuari-
 al Opinion of the American Academy of Actuaries, of which I am a member.