Grants additional service credit for members of the NYS and Local Police and Fire Retirement System who are absent without pay for child care leaves of absence; such credit shall not exceed one year per period of child care leave.
STATE OF NEW YORK
________________________________________________________________________
7169
2009-2010 Regular Sessions
IN ASSEMBLY
March 25, 2009
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
allowing members of the New York state and local police and fire
retirement system to obtain retirement credit for certain periods of
child care leave
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 341-a to read as follows:
3 § 341-a. Service credit; child care leave. Notwithstanding any
4 provision of law to the contrary, any member who is absent without pay
5 for child care leave of absence pursuant to regulations of any police
6 department or fire department in the state of New York shall be eligible
7 for credit for such period of child care leave, provided such member
8 files a claim for such service credit with the retirement system by
9 December thirty-first, two thousand nine or within ninety days following
10 termination of the child care leave, whichever is later, and contributes
11 to the retirement system an amount which such member would have contrib-
12 uted during the period of such child care leave, together with interest
13 thereon. Service credit provided pursuant to this section shall not
14 exceed one year of credit for each period of authorized child care
15 leave. In the event there is a conflict between the provisions of this
16 section and the provisions of any other law to the contrary, the
17 provisions of this section shall govern.
18 Any service credit granted pursuant to this section shall constitute:
19 a. "police or fire service" as such term is defined in subdivision
20 eleven of section three hundred two of this article; and
21 b. "total creditable service" for the purpose of determining entitle-
22 ment to retire pursuant to a special retirement plan set forth in title
23 ten of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10535-01-9
A. 7169 2
1 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant additional service credit for members of the New
York State and Local Police and Fire Retirement System who are absent
without pay for child care leaves of absence. Such additional service
credit shall not exceed one year per period of child care leave.
Members would not be required to make any payment for the additional
service credit granted by this bill.
The number of members who would be affected by this bill cannot be
readily determined.
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, periods of child care leaves, plan cover-
age and tier. It is estimated that the past service cost will average
approximately 20% of an affected member's compensation for each year of
additional service. However, for an individual member who purchases this
additional service credit to enable immediate retirement, the cost could
approach 40% of the member's salary for each year of additional service
credit that is purchased. The total cost would be shared by the State of
New York and all participating employers in the New York State and Local
Police and Fire Retirement System.
This estimate, dated February 23, 2009, and intended for use only
during the 2009 Legislative Session, is Fiscal Note No. 2009-26,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.
