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A01583 Summary:

COSPNSRColton, Sayegh, Lavine, Dickens, Cook, Palmesano, DeStefano, Ashby, Gottfried, Simon, Taylor, Fernandez, Montesano
Add §159-d, Civ Serv L
Relates to the use of accrued vacation time toward student loan payments; defines terms; requires the president of the civil service commission to promulgate necessary rules and regulations.
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A01583 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2021
        Introduced  by  M.  of  A. JEAN-PIERRE, COLTON, SAYEGH, LAVINE, DICKENS,
          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
          vacation time
          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.
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