Bill Text: NY S05627 | 2009-2010 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S05627 Detail]
Download: New_York-2009-S05627-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5627
2009-2010 Regular Sessions
I N S E N A T E
May 22, 2009
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
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:
1 Section 1. Subdivision 2 of section 509 of the education law is
2 amended by adding a new paragraph d to read as follows:
3 D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
4 ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
5 CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
6 FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
7 PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
8 THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
9 FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
10 THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
11 NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
12 THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
13 DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
14 EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
15 PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
16 THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
17 S 2. Section 2575 of the education law is amended by adding a new
18 subdivision 26 to read as follows:
19 26. THE RULES AND REGULATIONS OF THE BOARD OF EDUCATION RETIREMENT
20 SYSTEM SHALL PROVIDE THAT ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD
21 CARE LEAVE OF ABSENCE PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD
22 OF EDUCATION SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH
23 SUCH DULY AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11772-01-9
S. 5627 2
1 CREDIT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS.
2 MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT
3 SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS
4 FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND
5 CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD
6 HAVE CONTRIBUTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER
7 WITH INTEREST THEREON.
8 S 3. Subdivision i of section 41 of the retirement and social security
9 law is amended by adding a new paragraph 4 to read as follows:
10 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
11 ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
12 CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
13 FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
14 PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
15 THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
16 FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
17 THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
18 NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
19 THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
20 DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
21 EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
22 PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
23 THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
24 S 4. Subdivision i of section 341 of the retirement and social securi-
25 ty law is amended by adding a new paragraph 2 to read as follows:
26 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
27 ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
28 CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
29 FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
30 PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
31 THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
32 FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
33 THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
34 NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
35 THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
36 DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
37 EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
38 PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
39 THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
40 S 5. Section 446 of the retirement and social security law is amended
41 by adding a new subdivision k to read as follows:
42 K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
43 ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
44 CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
45 FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
46 PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
47 THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
48 FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
49 THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
50 NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
51 THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
52 DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
53 EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
54 SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
55 THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
S. 5627 3
1 S 6. Section 513 of the retirement and social security law is amended
2 by adding a new subdivision i to read as follows:
3 I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
4 ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
5 CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
6 FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
7 PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
8 THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
9 FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
10 THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
11 NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
12 THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
13 DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
14 EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
15 SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
16 THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
17 S 7. Section 609 of the retirement and social security law is amended
18 by adding a new subdivision h to read as follows:
19 H. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO IS
20 ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE PURSUANT TO APPLI-
21 CABLE REGULATIONS OR COLLECTIVE BARGAINING AGREEMENTS, SHALL BE ELIGIBLE
22 FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED LEAVE,
23 PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSUANT TO
24 THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A CLAIM
25 FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
26 THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
27 NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
28 THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
29 DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
30 EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
31 SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
32 THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
33 S 8. Subdivision a of section 13-505 of the administrative code of the
34 city of New York is amended by adding a new paragraph 10 to read as
35 follows:
36 10. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION,
37 ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR A CHILD CARE LEAVE OF ABSENCE
38 PURSUANT TO REGULATIONS OF THE NEW YORK CITY BOARD OF EDUCATION SHALL BE
39 ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED
40 LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSU-
41 ANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE A
42 CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT SYSTEM BY DECEMBER
43 THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMI-
44 NATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO
45 THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED
46 DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THER-
47 EON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS
48 PARAGRAPH AND THE PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY,
49 THE PROVISIONS OF THIS PARAGRAPH SHALL GOVERN.
50 S 9. Section 13-107 of the administrative code of the city of New York
51 is amended by adding a new subdivision l to read as follows:
52 L. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION,
53 ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD CARE LEAVE OF ABSENCE
54 PURSUANT TO REGULATIONS OF THE AGENCY IN WHICH THE MEMBER IS EMPLOYED
55 SHALL BE ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY
56 AUTHORIZED LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT
S. 5627 4
1 PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS.
2 MEMBERS MUST FILE A CLAIM FOR SUCH SERVICE CREDIT WITH THE RETIREMENT
3 SYSTEM BY DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, OR WITHIN NINETY DAYS
4 FOLLOWING TERMINATION OF THE CHILD CARE LEAVE, WHICHEVER IS LATER, AND
5 CONTRIBUTE TO THE RETIREMENT SYSTEM AN AMOUNT WHICH SUCH MEMBER WOULD
6 HAVE CONTRIBUTED DURING THE PERIOD OF SUCH CHILD CARE LEAVE, TOGETHER
7 WITH INTEREST THEREON. IN THE EVENT THERE IS A CONFLICT BETWEEN THE
8 PROVISIONS OF THIS SUBDIVISION AND THE PROVISIONS OF ANY OTHER LAW OR
9 CODE TO THE CONTRARY, THE PROVISIONS OF THIS SUBDIVISION SHALL GOVERN.
10 S 10. Section 13-318 of the administrative code of the city of New
11 York is amended by adding a new subdivision i to read as follows:
12 I. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION C OF THIS SECTION,
13 ANY MEMBER WHO IS ABSENT WITHOUT PAY FOR CHILD CARE LEAVE OF ABSENCE
14 PURSUANT TO REGULATIONS OF THE NEW YORK CITY FIRE DEPARTMENT SHALL BE
15 ELIGIBLE FOR UP TO ONE YEAR OF CREDIT FOR EACH SUCH DULY AUTHORIZED
16 LEAVE, PROVIDED, HOWEVER, THAT THE TOTAL SERVICE CREDIT PROVIDED PURSU-
17 ANT TO THIS SUBDIVISION SHALL NOT EXCEED TWO YEARS. MEMBERS MUST FILE
18 FOR SUCH SERVICE CREDIT WITH THE PENSION FUND BY DECEMBER THIRTY-FIRST,
19 TWO THOUSAND TEN, OR WITHIN NINETY DAYS FOLLOWING TERMINATION OF THE
20 CHILD CARE LEAVE, WHICHEVER IS LATER, AND CONTRIBUTE TO THE PENSION FUND
21 AN AMOUNT WHICH SUCH MEMBER WOULD HAVE CONTRIBUTED DURING THE PERIOD OF
22 SUCH CHILD CARE LEAVE, TOGETHER WITH INTEREST THEREON. IN THE EVENT
23 THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SUBDIVISION AND THE
24 PROVISIONS OF ANY OTHER LAW OR CODE TO THE CONTRARY, THE PROVISIONS OF
25 THIS SUBDIVISION SHALL GOVERN.
26 S 11. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after June 30, 2009 if it
28 shall have become a law after such date; provided, however, that the
29 amendments to sections 513 and 609 of the retirement and social security
30 law made by sections six and seven of this act, respectively, shall not
31 affect the expiration of such sections and shall be deemed to expire
32 therewith.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend subdivision 2 of section 509 of the Education
Law, and sections 446, 513, and 609 of the Retirement and Social Securi-
ty Law to permit members to receive service credit for leaves of absence
for child care. To claim this credit, members must pay the amount they
would have had to contribute during this period with regular interest.
Service credit granted shall not exceed one year of credit for each
period of authorized child care leave and the total service credit
granted shall not exceed two years.
It is not possible to determine the total 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 cost to the employers of members of
the New York State Teachers' Retirement System is estimated to be
$18,700 per year of service credited if this bill is enacted. It is
anticipated this bill would result in a substantial number of members
being eligible for up to two years of additional service credit.
The source of this estimate is Fiscal Note 2009-17 dated February 27,
2009 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2009 Legislative Session.
