STATE OF NEW YORK
________________________________________________________________________
5406--A
2013-2014 Regular Sessions
IN SENATE
May 16, 2013
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Introduced by Sen. GIPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- recommitted to the Committee on Civil Service and Pensions in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the retirement and social security law, in relation to
the deferral of vacation days for certain members of the retirement
system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 89 of the retirement and social security law is
2 amended by adding a new subdivision l to read as follows:
3 l. Notwithstanding the provisions of any general, special or local
4 law, code, resolution or charter to the contrary, uniformed persons,
5 uniformed personnel, or security hospital treatment assistants as
6 defined in subdivision i of this section shall be afforded the option of
7 postponing the use of up to five vacation days per year and taking a
8 monetary payment in lieu thereof. Such payment shall be made on the date
9 of such member's retirement, separation from service, or on the date the
10 member becomes ineligible to receive the benefits provided by this
11 section by reason of termination, transfer to a different title or for
12 any other reason which would otherwise deem the member ineligible to
13 receive such benefits. Such payment shall be made at the pay rate
14 applicable to such member on the date of such member's retirement or on
15 the date such member becomes ineligible to receive the benefits provided
16 by this section by reason of separation of service, termination, trans-
17 fer to a different title or for any other reason. Such monetary payment
18 shall not be utilized in the determination of final average salary for
19 any such member who so elects to postpone vacation days pursuant to this
20 subdivision. Any such member wishing to postpone the use of vacation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09077-02-4
S. 5406--A 2
1 days pursuant to this subdivision shall elect such postponement on an
2 annual basis by certifying to the director of personnel of his or her
3 respective employer of his or her intention to do so in such manner and
4 form as the respective director shall so require.
5 § 2. This act shall take effect immediately.
