NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10019
SPONSOR: Rules (Abbate) TITLE OF BILL: An act to amend chapter 675 of the laws of 1984 relat-
ing to providing fringe benefits for certain employees of school
districts and boards of cooperative educational services, in relation to
leaves of absence
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends chapter 675 of the
laws of 1984 by adding the term "statewide affiliate", where applicable,
to the existing statute allowing for excused leave of absence to serve
in an office of a local employee organization.
Section 2 is the effective date of the amendments.
JUSTIFICATION: This legislation is a technical amendment to the previ-
ous 1984 chapter which neglected to include the term "statewide affil-
iate" as an acceptable organization when granting leave.
PRIOR LEGISLATIVE HISTORY: New bill.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK
________________________________________________________________________
10019
IN ASSEMBLY
June 9, 2014
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
read once and referred to the Committee on Governmental Employees
AN ACT to amend chapter 675 of the laws of 1984 relating to providing
fringe benefits for certain employees of school districts and boards
of cooperative educational services, in relation to leaves of absence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 675 of the laws of 1984, relating to
2 providing fringe benefits for certain employees of school districts and
3 boards of cooperative educational services, is amended to read as
4 follows:
5 Section 1. Notwithstanding any other provisions of law, except in a
6 city having a population of one million or more, an employer as defined
7 in subdivision three of section five hundred one of the education law
8 may grant a leave of absence with full salary to a member of the New
9 York state teachers' retirement system who is employed as a full-time
10 teacher as defined in subdivision four of section five hundred one of
11 the education law from his or her regular position, for the purpose of
12 serving as an elective officer [(not to exceed four)] of the local
13 employee organization certified or recognized pursuant to article four-
14 teen of the civil service law as the collective negotiating agent of an
15 employee negotiating unit, or its statewide affiliate, provided that:
16 a. the local employee organization or its statewide affiliate requests
17 that a leave of absence be granted with full salary for such purpose;
18 b. each such leave, its terms and renewal shall be subject to an
19 agreement pursuant to article fourteen of the civil service law;
20 c. such local employee organization or its statewide affiliate shall
21 periodically, as specified by the public employer, reimburse the public
22 employer for the salary or wages paid to such employee during such leave
23 of absence together with the full cost of fringe benefits including
24 retirement credit with the New York state teachers' retirement system;
25 and
26 d. The salary paid shall be the salary the employee would have earned
27 and received had [he] the employee remained in service in the position
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15506-01-4
A. 10019 2
1 which [he] the employee held as a full time employee at the time [he]
2 the employee was first elected as an elective officer, prior to the
3 granting of the leave of absence based on the salary schedule in effect
4 for the negotiating unit during each year of the leave of absence.
5 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend Chapter 675 of the Laws of 1984 to allow a
participating employer of the New York State Teachers' Retirement System
(NYSTRS) to grant a leave of absence with full salary to a member of
NYSTRS who is employed as a full-time teacher from his or her regular
position for the purpose of serving as an elective officer of the state-
wide affiliate of the local employee organization certified or recog-
nized by the participating employer pursuant to Article 14 of the Civil
Service Law as the collective negotiating agent of an employee negotiat-
ing unit. Currently this leave of absence is only permitted on account
of serving as an elective officer of the local employee organization.
The statewide affiliate shall reimburse the public employer for the
salary paid to such employee during such leave of absence together with
the full cost of all fringe benefits, including the cost of retirement
credit with NYSTRS. The salary paid shall be the salary the employee
would have earned had he/she remained in service in the position held at
the time first elected, based on the salary schedule for the negotiating
unit during each year of the leave of absence.
Inasmuch as the retirement costs are to be paid by the statewide
affiliate, there will be no annual cost to the employers of members of
NYSTRS if this bill is enacted.
Employee data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Comprehensive Annual Financial Report (CAFR). System assets are as
reported in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
The source of this estimate is Fiscal Note 2014-33 dated June 3, 2014
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2014 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
