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A06084 Summary:

COSPNSRAbbate, Schmitt
Amd §89-e, R & SS L
Relates to service credit of members of the Westchester Correction Officers Benevolent Association.
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A06084 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     March 10, 2021
        Introduced by M. of A. PAULIN, ABBATE, SCHMITT -- read once and referred
          to  the  Committee  on Governmental Employees -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
        AN  ACT  to amend the retirement and social security law, in relation to
          service credit for unpaid maternity leave  for  a  Westchester  county
          correction officer or deputy commissioner
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Section 89-e of the retirement and social security law  is
     2  amended by adding a new subdivision k to read as follows:
     3    k.  Notwithstanding  any  other  provision  of law to the contrary, an
     4  active member whose tenure with Westchester county as a correction offi-
     5  cer or deputy commissioner who has elected to participate  in  the  plan
     6  established  pursuant to this section includes one or more unpaid mater-
     7  nity or bonding leaves of absence for which such member did not  receive
     8  service  credit,  shall  be  eligible to purchase service credit for all
     9  such leaves of absence up to a maximum of three years, as long  as  such
    10  member  has returned to the past employment covered by this section, and
    11  provided that (1) at the time of any such leave of absence, such  member
    12  was subject to the provisions of this section, (2) such member elects to
    13  purchase  service credit for such leaves of absence, (3) such member has
    14  at least five years of creditable service at the time that  such  member
    15  elects  to  purchase  such service credit, and (4) such member agrees to
    16  pay the actual present value of the  cost  of  such  additional  service
    17  credit.    Any service credited to a member pursuant to this subdivision
    18  shall be deemed to be  creditable  service  and  shall  be  included  in
    19  computing  years  of  total  service  for  retirement  pursuant  to this
    20  section.
    21    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6084--A                          2
          This bill would  allow  any  Westchester  County  Correction  Officers
        covered  by  the provisions of Section 89-e of the Retirement and Social
        Security Law (RSSL) to be eligible for service credit with the New  York
        State  and  Local  Employees'  Retirement System (ERS) for any period of
        unpaid maternity or bonding leave of absence, so long as such member has
        returned  to paid employment in a position covered by RSSL Section 89-e.
        The amount of service credit that may be  purchased  for  such  parental
        leave  is  capped  at  three  years.  In addition, such member must have
        accrued at least five years of service credit to be eligible to purchase
        the additional service credit.
          This bill would not be consistent with the Retirement System's  policy
        that  service  credit may only be granted for service for which a salary
        has been paid.
          If this bill is enacted during the 2021  legislative  session,  it  is
        estimated  that  the past service cost will average approximately 18% of
        an affected member's salary for each year of additional service that  is
        credited.  This  cost  will  be borne by the member electing to purchase
        such service credit.
          The exact number of current members as  well  as  future  members  who
        could be affected by this legislation cannot be readily determined.
          Since  a member can apply for this service credit at any time prior to
        retirement, a precise cost cannot be determined until  each  member,  as
        well  as  future  members, applies for the service credit. When a member
        applies, an actuarial calculation will  be  required  to  determine  the
        present value of the cost of such additional service credit.
          Summary of relevant resources:
          Membership  data as of March 31, 2020 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2020 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
          The actuarial assumptions and methods used are described in  the  2020
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
          The Market Assets and GASB Disclosures are found in the March 31, 2020
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated June 2, 2021, and intended for  use  only  during
        the  2021  Legislative Session, is Fiscal Note No. 2021-149, prepared by
        the Actuary for the New York State and Local Retirement System.
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