Bill S140-2011

Permits N.Y. state and N.Y. city teachers' retirement system members to claim retirement credit for up to 10 years of federal teaching service

Permits New York state teachers' and New York city teachers' retirement system members to obtain retirement credit for up to ten years of federal teaching service, including service with VISTA, Head Start and the Peace Corps, if such service would constitute service as a teacher had it been performed within NYS for a participating employer; provides that no such credit shall be allowed for any service for which the person is receiving a benefit or will be entitled to receive a benefit from some other public or private retirement system.

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  • Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Jan 5, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S140

TITLE OF BILL: 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 permitting members of the New York state and New York city teachers' retirement systems to claim retirement credit for certain federal teaching service

PURPOSE: This bill would allow members of the Teachers' Retirement System to claim credit for up to ten years of teaching service rendered while in the employ of the Federal Government, including service in the Peace Corps, Head Start and VISTA.

SUMMARY OF PROVISIONS: This bill would amend section 509 of the Education law and sections 446, 513, and 609 of the Retirement and Social Security Law to permit members of the New York State Teacher's Retirement System to claim up to ten years of federal teaching service.

JUSTIFICATION: Since the retirement system was established in 1921, Tier I members of the New York State Teachers' Retirement System have been able to claim credit for up to ten years of public school teaching service performed in another state. However, if a member was employed by the Federal Government and taught in either another state or even in New York State, he/she is denied the retirement credit. An example would be teaching in the elementary schools at the Military Academy at West point, or service in organizations such as Head Start, the Peace Corps and VISTA. The knowledge and experience gained through these experiences is of great benefit to New York State's students and educational system. Enactment of this bill would correct this inequity by allowing such Tier I members to claim retirement credit for teaching service rendered while in the employ of the Federal Government. This bill also extends the provisions of claiming credit for federal teaching service to Tier II, III, and IV members.

LEGISLATIVE HISTORY: A.8944/S.6166 of 1996-97; Referred to Senate civil Service and Pensions Committee A.3390/S.2157 of 1998-99; Referred to Senate Civil Service and Pensions Committee A.4977/S.4702 of 1999-2000; Referred to Senate Civil Service and Pensions Committee A.5656A/S.6200 of 2001-2002; Referred to Senate Civil Service and Pensions Committee S.3250/A.6178B of 2003-2004; Referred to Senate Civil Service and pensions Committee S.3233A/A.8752A of 2005/2006; Referred to Senate Civil Service and pensions Committee S.3406 of 2009/2010; Referred to Senate Civil Service and Pensions Committee

FISCAL IMPLICATIONS:

It is not possible to determine the annual cost to the employers of members of the New York state Teachers' Retirement System since the total amount of service credit which Would be claimed under this bill cannot be estimated. However, the additional cost to the employers of members of the New York state Teachers' Retirement system is estimated to be $17,900 per year of service credited if this bill is enacted.

EFFECTIVE DATE: This act shall take effect June 30, 2012, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 140 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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 permitting members of the New York state and New York city teach- ers' retirement systems to claim retirement credit for certain federal teaching service 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, A MEMBER SHALL BE ENTI- TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY SERVICE RENDERED IN THE EMPLOY OF THE FEDERAL GOVERNMENT, INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS OF THIS ARTICLE. THE CREDITING OF SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT. S 2. 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, A MEMBER OF A TEACHERS' RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE
ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY SERVICE RENDERED IN THE EMPLOY OF THE FEDERAL GOVERNMENT, INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS OF THIS ARTICLE. THE CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM, PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT. S 3. 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, A MEMBER OF A TEACHERS' RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY SERVICE RENDERED IN THE EMPLOY OF THE FEDERAL GOVERNMENT, INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS OF THIS ARTICLE, PROVIDED SUCH MEMBER MAKES THE PAYMENTS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE. THE CRED- ITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM, PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF SERVICE PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT. S 4. 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, A MEMBER OF A TEACHERS' RETIREMENT SYSTEM SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY SERVICE RENDERED IN THE EMPLOY OF THE FEDERAL GOVERNMENT, INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS OF THIS ARTICLE, PROVIDED SUCH MEMBER MAKES THE PAYMENTS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE AND PARAGRAPH TWO OF SUBDIVISION B OF THIS SECTION. THE CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM, PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV- ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT- ING OF SERVICE PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV- ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE
TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT. S 5. Subparagraph (d) of paragraph 3 of subdivision a of section 13-505 of the administrative code of the city of New York is amended to read as follows: (d) Credit for such prior service up to a maximum of fifteen years shall be given only if application and payment therefor is made by the contributor within the first four years subsequent to membership in the New York city teachers' retirement system or before December thirty- first, [nineteen hundred sixty-nine] TWO THOUSAND TWELVE, whichever is later. S 6. 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 ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE ENTITLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY SERVICE RENDERED IN THE EMPLOY OF THE FEDERAL GOVERNMENT, INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS OF THIS CHAPTER. THE CREDITING OF SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD, PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV- ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT- ING OF SERVICE PURSUANT TO THIS SECTION. PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV- ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT. S 7. This act shall take effect June 30, 2012.

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