Amd S509, Ed L; amd SS446, 513 & 609, R & SS L; amd S13-505, NYC Ad Cd
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.
STATE OF NEW YORK
________________________________________________________________________
3406
2009-2010 Regular Sessions
IN SENATE
March 18, 2009
___________
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:
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, a member shall be enti-
4 tled to obtain credit for up to ten years of service other than military
5 service rendered in the employ of the federal government, including
6 service in the Peace Corps, VISTA, or Head Start, which would constitute
7 service as a teacher, had it been performed within New York state for an
8 employer subject to the provisions of this article. The crediting of
9 service pursuant to this paragraph shall be in accordance with rules and
10 regulations as shall be adopted by the retirement board, provided that
11 such rules and regulations shall be substantially equivalent to the
12 rules and regulations otherwise applicable for the crediting of service
13 pursuant to this section. Provided, however, no such credit shall be
14 allowed for any service for which the person is receiving a benefit or
15 will be entitled to receive a benefit at any future time from some other
16 public or private retirement system or plan in this state, in any other
17 state or from the federal government.
18 § 2. Section 446 of the retirement and social security law is amended
19 by adding a new subdivision k to read as follows:
20 k. Notwithstanding any other provision of law, a member of a teachers'
21 retirement system subject to the provisions of this article shall be
22 entitled to obtain credit for up to ten years of service other than
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06150-02-9
S. 3406 2
1 military service rendered in the employ of the federal government,
2 including service in the Peace Corps, VISTA, or Head Start, which would
3 constitute service as a teacher, had it been performed within New York
4 state for an employer subject to the provisions of this article. The
5 crediting of service pursuant to this subdivision shall be in accordance
6 with rules and regulations as shall be adopted by the retirement board
7 of such retirement system, provided that such rules and regulations
8 shall be substantially equivalent to the rules and regulations otherwise
9 applicable for the crediting of service pursuant to this section.
10 Provided, however, no such credit shall be allowed for any service for
11 which the person is receiving a benefit or will be entitled to receive a
12 benefit at any future time from some other public or private retirement
13 system or plan in this state, in any other state or from the federal
14 government.
15 § 3. Section 513 of the retirement and social security law is amended
16 by adding a new subdivision i to read as follows:
17 i. Notwithstanding any other provision of law, a member of a teachers'
18 retirement system subject to the provisions of this article shall be
19 entitled to obtain credit for up to ten years of service other than
20 military service rendered in the employ of the federal government,
21 including service in the Peace Corps, VISTA, or Head Start, which would
22 constitute service as a teacher, had it been performed within New York
23 state for an employer subject to the provisions of this article,
24 provided such member makes the payments required pursuant to the
25 provisions of section five hundred seventeen of this article. The cred-
26 iting of service pursuant to this subdivision shall be in accordance
27 with rules and regulations as shall be adopted by the retirement board
28 of such retirement system, provided that such rules and regulations
29 shall be substantially equivalent to the rules and regulations otherwise
30 applicable for the crediting of service pursuant to this section.
31 Provided, however, no such credit shall be allowed for any service for
32 which the person is receiving a benefit or will be entitled to receive a
33 benefit at any future time from some other public or private retirement
34 system or plan in this state, in any other state or from the federal
35 government.
36 § 4. Section 609 of the retirement and social security law is amended
37 by adding a new subdivision h to read as follows:
38 h. Notwithstanding any other provision of law, a member of a teachers'
39 retirement system subject to the provisions of this article shall be
40 entitled to obtain credit for up to ten years of service other than
41 military service rendered in the employ of the federal government,
42 including service in the Peace Corps, VISTA, or Head Start, which would
43 constitute service as a teacher, had it been performed within New York
44 state for an employer subject to the provisions of this article,
45 provided such member makes the payments required pursuant to the
46 provisions of section six hundred thirteen of this article and paragraph
47 two of subdivision b of this section. The crediting of service pursuant
48 to this subdivision shall be in accordance with rules and regulations as
49 shall be adopted by the retirement board of such retirement system,
50 provided that such rules and regulations shall be substantially equiv-
51 alent to the rules and regulations otherwise applicable for the credit-
52 ing of service pursuant to this section. Provided, however, no such
53 credit shall be allowed for any service for which the person is receiv-
54 ing a benefit or will be entitled to receive a benefit at any future
55 time from some other public or private retirement system or plan in this
56 state, in any other state or from the federal government.
S. 3406 3
1 § 5. Subparagraph (d) of paragraph 3 of subdivision a of section
2 13-505 of the administrative code of the city of New York is amended to
3 read as follows:
4 (d) Credit for such prior service up to a maximum of fifteen years
5 shall be given only if application and payment therefor is made by the
6 contributor within the first four years subsequent to membership in the
7 New York city teachers' retirement system or before December thirty-
8 first, [nineteen hundred sixty-nine] two thousand eleven, whichever is
9 later.
10 § 6. Subdivision a of section 13-505 of the administrative code of the
11 city of New York is amended by adding a new paragraph 10 to read as
12 follows:
13 10. Notwithstanding any other provision of law, a member shall be
14 entitled to obtain credit for up to ten years of service other than
15 military service rendered in the employ of the federal government,
16 including service in the Peace Corps, VISTA, or Head Start, which would
17 constitute service as a teacher, had it been performed within New York
18 state for an employer subject to the provisions of this chapter. The
19 crediting of service pursuant to this paragraph shall be in accordance
20 with rules and regulations as shall be adopted by the retirement board,
21 provided that such rules and regulations shall be substantially equiv-
22 alent to the rules and regulations otherwise applicable for the credit-
23 ing of service pursuant to this section. Provided, however, no such
24 credit shall be allowed for any service for which the person is receiv-
25 ing a benefit or will be entitled to receive a benefit at any future
26 time from some other public or private retirement system or plan in this
27 state, in any other state or from the federal government.
28 § 7. This act shall take effect June 30, 2010, provided, however, that
29 the amendments to sections 513 and 609 of the retirement and social
30 security law made by sections three and four of this act, respectively,
31 shall expire on the same date as such sections expire pursuant to
32 section 615 of such law.
FISCAL NOTE.--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 Teachers' Retirement System to
claim service credit for up to ten years of federal teaching service
(including Vista, Head Start, and the Peace Corps). Payments for such
credit must be made by those members subject to Article 14 of the
Retirement and Social Security Law in accordance with section 517 of
such law and by those members subject to Article 15 of the Retirement
and Social Security Law in accordance with section 613 and paragraph 2
of subdivision b of section 609 of such law.
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.
The source of this estimate is Fiscal Note 2009-27 dated March 9, 2009
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2009 Legislative Session.
