STATE OF NEW YORK
2021-2022 Regular Sessions
January 11, 2021
Introduced by M. of A. JEAN-PIERRE, COLTON, SAYEGH, LAVINE, DICKENS,
COOK, PALMESANO, DeSTEFANO, ASHBY, GOTTFRIED, SIMON, TAYLOR, FERNAN-
DEZ, MONTESANO -- read once and referred to the Committee on Govern-
mental Employees -- recommitted to the Committee on Governmental
Employees in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil service law, in relation to use of accrued
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 159-d to read as follows:
3 § 159-d. Use of accrued vacation time towards student loan payments.
4 1. Every public officer, employee of this state, county, community
5 college, public authority, public benefit corporation, board of cooper-
6 ative educational services (BOCES), vocational education and extension
7 board, school district enumerated in section one of chapter five hundred
8 sixty-six of the laws of nineteen hundred sixty-seven, municipality,
9 school district or participating employer in the New York state and
10 local employees' retirement system or a participating employer in the
11 New York state teachers' retirement system shall be entitled to use
12 accrued vacation time toward the payment of student loans.
13 2. The provisions of this section shall not apply to any employees
14 subject to a collective bargaining agreement as of the effective date of
15 this section. An employee organization may, pursuant to collective
16 bargaining, opt in to the provisions of this section on behalf of those
17 public employees it is either certified or recognized to represent,
18 within the meaning of article fourteen of this chapter, or may alterna-
19 tively bargain for benefits greater or less than those provided for by
20 this section. An employee organization that has opted in to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 1583--A 2
1 provisions of this section may, pursuant to collective bargaining, opt
2 out of it as is mutually agreed upon between the employee organization
3 and any public employer.
4 3. Nothing set forth in this section shall be construed to impede,
5 infringe or diminish the rights and benefits that accrue to employees
6 and employers through collective bargaining agreements, or otherwise
7 diminish the integrity of the collective bargaining relationship.
8 4. For the purposes of this section:
9 a. "Student loan" shall mean any loan to a borrower to finance postse-
10 condary education or expenses related to postsecondary education.
11 b. "Federal student loan" means (i) any student loan issued pursuant
12 to the William D. Ford Federal Direct Loan Program; (ii) any student
13 loan issued pursuant to the Federal Family Education Loan Program, which
14 was purchased by the government of the United States pursuant to the
15 federal Ensuring Continued Access to Student Loans Act and is presently
16 owned by the government of the United States; and (iii) any other
17 student loan issued pursuant to a federal program that is identified by
18 the superintendent as a "federal student loan" in a regulation.
19 5. The president shall promulgate any rules and regulations necessary
20 for the implementation of this section.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.