Provides that public employees placed on furlough shall be entitled to any pension service credits such person would have received if employed full time.
STATE OF NEW YORK
________________________________________________________________________
3789
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. DICKENS, BARRON, COLTON, DINOWITZ, GRIFFIN, GOTT-
FRIED, MAGNARELLI, SIMON, SEAWRIGHT, TAGUE -- read once and referred
to the Committee on Governmental Employees
AN ACT in relation to furloughs of employees by certain public retire-
ment systems; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. Notwithstanding any other provision of law, rule or
2 regulation, any employee of a public retirement system in this state,
3 including, but not limited to, the New York state and local employees'
4 retirement system, the New York city employees' retirement system, the
5 New York state teachers' retirement system, the New York city teachers'
6 retirement system, and the New York state and local police and fire
7 retirement system, who was an employee and entitled to benefits pursuant
8 to their respective retirement system on March 7, 2020, shall be enti-
9 tled to pension service credits in the event that such person is subject
10 to an employee furlough during the "COVID-19 emergency declaration" as
11 if such employee was employed full time during the COVID-19 emergency
12 declaration.
13 2. For the purposes of this act, the term:
14 (a) "Employee furlough" means a mandatory, temporary suspension from
15 work without pay.
16 (b) "COVID-19 emergency declaration" shall mean the state disaster
17 emergency declared for the entire state by executive order number 202
18 and any further amendments or modifications, and as may be further
19 extended pursuant to section 28 of the executive law.
20 § 2. This act shall take effect immediately, provided, however, that
21 this act shall be subject to the expiration of the state disaster emer-
22 gency declared for the entire state by executive order number 202 and
23 any further amendments or modifications, and as may be further extended
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01250-01-1
A. 3789 2
1 pursuant to section 28 of the executive law, and shall be deemed to
2 expire and be repealed therewith; provided, further, that the commis-
3 sioner of health shall notify the legislative bill drafting commission
4 upon the occurrence of the expiration of the state disaster emergency
5 declared for the entire state by executive order number 202 and any
6 further amendments or modifications, and as may be further extended
7 pursuant to section 28 of the executive law, in order that the commis-
8 sion may maintain an accurate and timely effective data base of the
9 official text of the laws of the state of New York in furtherance of
10 effectuating the provisions of section 44 of the legislative law and
11 section 70-b of the public officers law.
