Grants additional service credit for members of public retirement systems who are absent without pay for child care leaves of absence; such additional credit shall not exceed one year per period of child care leave; provides that the total additional service credit granted in aggregate for child care leaves may not exceed two years; members would be required to make any contribution which would have been made during the period of child care leave, together with interest thereon.
Sponsor: Abbate (MS) / Multi-sponsor(s): Boyland, Colton, Pheffer, Saladino, Schroeder, Weinstein
Law Section: Education Law / Law: Amd SS509 & 2575, Ed L; amd SS41, 341, 446, 513 & 609, R & SS L; amd SS13-505, 13-107 & 13-318, NYC Ad Cd
Sponsor: Abbate (MS) / Multi-sponsor(s): Boyland, Colton, Pheffer, Saladino, Schroeder, Weinstein
Law Section: Education Law / Law: Amd SS509 & 2575, Ed L; amd SS41, 341, 446, 513 & 609, R & SS L; amd SS13-505, 13-107 & 13-318, NYC Ad Cd
A5090A-2011 Actions
- Jan 30, 2012: print number 5090a
- Jan 30, 2012: amend and recommit to governmental employees
- Jan 4, 2012: referred to governmental employees
- Feb 11, 2011: referred to governmental employees
A5090A-2011 Text
S T A T E O F N E W Y O R K
5090--A
2011-2012 Regular Sessions I N ASSEMBLY February 11, 2011
Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, SALADINO, WEINSTEIN -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Govern mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit tee discharged, bill amended, ordered reprinted as amended and recom mitted to said committee AN ACT to amend the education law, the retirement and social security law and the administrative code of the city of New York, in relation to allowing members of a public retirement system to obtain retirement service credit for certain periods of child care leave
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 509 of the education law is amended by adding a new paragraph d to read as follows:
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
S 2.
Section 2575 of the education law is amended by adding a new subdivision 26 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07890-02-2
A. 5090--A 2 26. THE RULES AND REGULATIONS OF THE BOARD OF EDUCATION RETIREMENT SYSTEM SHALL PROVIDE THAT ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD OF EDUCATION SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON.
S 3. Subdivision i of section 41 of the retirement and social security law is amended by adding a new paragraph 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
S 4. Subdivision i of section 341 of the retirement and social securi ty law is amended by adding a new paragraph 2 to read as follows:
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN. ANY SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE:
(A) "POLICE OR FIRE SERVICE" AS SUCH TERM IS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TWO OF THIS ARTICLE; AND (B) "TOTAL CREDITABLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLE MENT TO RETIRE PURSUANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN TITLE TEN OF THIS ARTICLE.
S 5.
Section 446 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, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, A. 5090--A 3 PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN. ANY SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE:
1. "POLICE OR FIRE SERVICE" AS SUCH TERM IS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TWO OF THIS CHAPTER; AND 2. "TOTAL CREDITABLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLE MENT TO RETIRE PURSUANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN TITLE NINE OF ARTICLE TWO AND TITLE TEN OF ARTICLE EIGHT OF THIS CHAPTER.
S 6.
Section 513 of the retirement and social security law is amended by adding a new subdivision i to read as follows:
I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN. ANY SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE "TOTAL CREDITA BLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO RETIRE PURSU ANT TO A SPECIAL RETIREMENT PLAN SET FORTH IN SECTIONS FIVE HUNDRED THREE AND FIVE HUNDRED FOUR OF THIS ARTICLE, TITLE NINE OF ARTICLE TWO AND ARTICLE FOURTEEN-B OF THIS CHAPTER.
S 7.
Section 609 of the retirement and social security law is amended by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN. ANY SERVICE CREDIT GRANTED PURSUANT TO THIS SECTION SHALL CONSTITUTE "CREDITABLE SERVICE" FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO RETIRE PURSUANT A. 5090--A 4 TO A SPECIAL RETIREMENT PLAN SET FORTH IN SECTIONS SIX HUNDRED THREE AND SIX HUNDRED FOUR OF THIS ARTICLE.
S 8.
Section 13-107 of the administrative code of the city of New York is amended by adding a new subdivision l to read as follows:
L. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF THE AGENCY IN WHICH THE MEMBER IS EMPLOYED SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
S 9.
Section 13-318 of the administrative code of the city of New York is amended by adding a new subdivision i to read as follows:
I. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF THE NEW YORK CITY FIRE DEPARTMENT SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSU ANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE FOR SUCH SERVICE CREDIT WITH THE PENSION FUND BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE PENSION FUND AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED DURING THE PERI OD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
S 10. Subdivision a of section 13-505 of the administrative code of the city of New York is amended by adding a new paragraph 10 to read as follows:
10. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION, ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD OF EDUCATION SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSU ANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIB UTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
S 11. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after June 30, 2012 if it shall have become a law after such date. FISCAL NOTE.--Pursuant to Legislative Law,
Section 50:
A. 5090--A 5 This bill would grant additional service credit for members of public retirement systems who are absent without pay for child care leaves of absence. Such additional service credit shall not exceed one year per period of child care leave. The total additional service credit granted in aggregate for child care leaves may not exceed two years. Members would be required to make any contribution which would have been made during the period of child care leave, together with interest thereon. This benefit shall be effective as of June 30, 2012. The number of members who would be affected by this bill cannot be readily determined. Insofar as this bill would affect the New York State and Local Employ ees' Retirement System (ERS) and the New York State and Local Police and Fire Retirement System (PFRS), if this bill is enacted, there would be a past service cost which would depend upon the number of members affected and upon each member's age, salary, credited service, periods of child care leaves, plan coverage and tier. For members in ERS, it is estimated that the past service cost will average approximately 12% of an affected members' compensation for each year of additional service. For members in PFRS, it is estimated that the past service cost will average approx imately 20% of an affected members' compensation for each year of addi tional service. However, for an individual member who purchases this additional service credit to enable immediate retirement, the cost could approach 40% of the member's salary for each year of additional service credit that is purchased. These total costs would be shared by the State of New York and all participating employers in the ERS and PFRS. Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of membership and other statistics displayed in the 2011 Report of the Actuary and 2011 Comprehensive Annual Financial Report. Assumptions and Methods: 2010 and 2011 Annual Report to the Comp troller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2011 New York State and Local Retirement System Financial Statements and Supplementary Informa tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2011 Actuarial Valuations report. I am a member of the American Academy of Actuaries and meet the Quali fication Standards to render the actuarial opinion contained herein. This estimate, dated November 21, 2011, and intended for use only during the 2012 Legislative Session, is Fiscal Note No. 2012-22, prepared by the Actuary for the ERS and PFRS.
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