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S05633 Summary:

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S05633 Floor Votes:

S05633 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5633--A
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                      May 22, 2009
                                       ___________
 
        Introduced by Sens. SAVINO, AUBERTINE, VALESKY -- 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 committee
 
        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
     7  of postponing the use of up to five vacation days per year and taking  a

     8  monetary  payment  in  lieu thereof on the date of retirement at the pay
     9  rate applicable to such member on the date of such member's  retirement.
    10  Such  monetary  payment  shall  not  be utilized in the determination of
    11  final average salary for any such member who so elects to postpone vaca-
    12  tion days pursuant to this subdivision. Any such member wishing to post-
    13  pone the use of vacation days pursuant to this subdivision  shall  elect
    14  such  postponement  on  an annual basis by certifying to the director of
    15  personnel of his or her respective employer of his or her  intention  to
    16  do  so  in  such  manner  and  form  as the respective director shall so
    17  require.
    18    § 2. This act shall take effect immediately.

          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14019-02-0
        S. 5633--A                          2
 
          This bill would allow State Correction Officers and Security  Hospital
        Treatment  Assistants  to postpone up to 5 days of vacation per year and
        take monetary payment in lieu thereof on the date of retirement.
          If  this  bill  is enacted, affected members would become eligible for
        increased lump sum payments at  retirement.  However,  this  legislation
        does not change any benefit calculations of the New York State and Local
        Employees' Retirement System (ERS). Therefore, there would not be a cost
        to ERS.

          This  estimate,  dated  January  19,  2010,  and intended for use only
        during the  2010  Legislative  Session,  is  Fiscal  Note  No.  2010-81,
        prepared  by  the  Actuary  for  the New York State and Local Employees'
        Retirement System.