STATE OF NEW YORK
________________________________________________________________________
5386
2011-2012 Regular Sessions
IN ASSEMBLY
February 17, 2011
___________
Introduced by M. of A. GABRYSZAK, SPANO, CASTRO, BARRON, MENG, HOOPER --
Multi-Sponsored by -- M. of A. COOK, MAYERSOHN, PHEFFER, ROBINSON --
read once and referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
credit for public service rendered in the state of New York under the
federal Emergency Jobs Appropriation Act prior to becoming a member of
a retirement system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision b of section 41 of the retirement and social
2 security law is amended by adding a new paragraph 5-a to read as
3 follows:
4 5-a. Public service rendered in the state of New York in nineteen
5 hundred eighty-three and/or nineteen hundred eighty-four in a position
6 created or filled pursuant to federal Public Law 98-8, the Emergency
7 Jobs Appropriation Act of 1983, without regard to the length of such
8 service, provided such service is otherwise in compliance with the
9 provisions of this chapter.
10 § 2. Subdivision b of section 446 of the retirement and social securi-
11 ty law, as amended by chapter 552 of the laws of 2000, is amended to
12 read as follows:
13 b. Previous service.
14 A member of a retirement system who is subject to the provisions of
15 this article shall be eligible to obtain retirement credit for previous
16 service if retirement credit had previously been granted for such
17 service or if such service that would have been creditable in one of the
18 public retirement systems of the state, as defined in subdivision twen-
19 ty-three of section five hundred one of this chapter, at the time such
20 service was rendered, if the individual had been a member of such
21 retirement system and the member has rendered a minimum of two years of
22 credited service after July first, nineteen hundred seventy-three;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07653-02-1
A. 5386 2
1 provided, however, retirement credit may be granted for service which
2 predates the date of entry into the retirement system if such service is
3 otherwise creditable and was rendered by an employee during which
4 employment he was ineligible to join a public retirement system.
5 Notwithstanding anything in this chapter to the contrary, a member shall
6 be eligible to obtain retirement credit for public service rendered in
7 the state of New York in nineteen hundred eighty-three and/or nineteen
8 hundred eighty-four in a position created or filled pursuant to federal
9 Public Law 98-8, the Emergency Jobs Appropriation Act of 1983, without
10 regard to the length of such service, provided such service is otherwise
11 in compliance with the provisions of this chapter.
12 § 3. Paragraph 1 of subdivision b of section 609 of the retirement and
13 social security law, as amended by chapter 552 of the laws of 2000, is
14 amended to read as follows:
15 1. A member shall be eligible to obtain retirement credit hereunder
16 for previous service with a public employer if retirement credit had
17 previously been granted for such service or if such service which would
18 have been creditable in one of the public retirement systems of the
19 state, as defined in subdivision twenty-three of section five hundred
20 one of this chapter, at the time such service was rendered, if the indi-
21 vidual had been a member of such retirement system and the member has
22 rendered a minimum of two years of credited service after July first,
23 nineteen hundred seventy-six or after last rejoining a public retirement
24 system, if later; provided, however, retirement credit may be granted
25 for service which predates the date of entry into the retirement system
26 if such service is otherwise creditable and the member satisfied the
27 minimum service requirements set forth in this subdivision and was
28 rendered by an employee of a public employer during which employment he
29 was ineligible to join a public retirement system provided that such
30 public employer was participating in a public retirement system of the
31 state at the time of such employment, or is so participating at the time
32 that such credit for such previous service is being sought. Notwith-
33 standing anything in this chapter to the contrary, a member shall be
34 eligible to obtain retirement credit for public service rendered in the
35 state of New York in nineteen hundred eighty-three and/or nineteen
36 hundred eighty-four in a position created or filled pursuant to federal
37 Public Law 98-8, the Emergency Jobs Appropriation Act of 1983, without
38 regard to the length of such service, provided such service is otherwise
39 in compliance with the provisions of this chapter.
40 § 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant additional service credit for certain members of
public retirement systems who rendered service in 1983 or 1984 in a
position created or filled pursuant to the federal Emergency Jobs Appro-
priations Act of 1983. Members would be required to make any contrib-
ution which would have been made during such period of service, together
with interest thereon.
The exact number of members who would be affected by this bill cannot
be readily determined.
Insofar as this bill would affect the New York State and Local Employ-
ees' Retirement System (ERS) and the New York State and Local Police and
Fire Retirement System (PFRS), if this bill is enacted, there would be a
past service cost which would depend upon the number of members affected
and upon each member's age, salary, credited service, plan coverage and
tier. The past service costs will average approximately 12% of an
affected member's compensation for each year of additional service in
A. 5386 3
the ERS and approximately 20% of an affected member's compensation for
each year of additional service in the PFRS. These costs would be
shared by the State of New York and all participating employers in the
ERS and PFRS.
This estimate, dated February 15, 2011, and intended for use only
during the 2011 Legislative Session, is Fiscal Note No. 2011-106,
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.
