S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7452
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to  amend the education law, the retirement and social security
   law and the administrative code of the city of New York,  in  relation
   to  permitting  members of the New York state and New York city teach-
   ers' retirement systems to claim retirement credit for certain federal
   teaching service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  509  of the education law is
 amended by adding a new paragraph d to read as follows:
   D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER SHALL BE ENTI-
 TLED TO OBTAIN CREDIT FOR UP TO TEN YEARS OF SERVICE OTHER THAN MILITARY
 SERVICE RENDERED IN THE EMPLOY  OF  THE  FEDERAL  GOVERNMENT,  INCLUDING
 SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH WOULD CONSTITUTE
 SERVICE AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK STATE FOR AN
 EMPLOYER  SUBJECT  TO  THE  PROVISIONS OF THIS ARTICLE. THE CREDITING OF
 SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE WITH RULES AND
 REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT BOARD,  PROVIDED  THAT
 SUCH  RULES  AND  REGULATIONS  SHALL  BE SUBSTANTIALLY EQUIVALENT TO THE
 RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDITING OF  SERVICE
 PURSUANT  TO  THIS  SECTION.  PROVIDED, HOWEVER, NO SUCH CREDIT SHALL BE
 ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIVING A  BENEFIT  OR
 WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE TIME FROM SOME OTHER
 PUBLIC  OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS STATE, IN ANY OTHER
 STATE OR FROM THE FEDERAL GOVERNMENT.
   § 2. Section 446 of the retirement and social security law is  amended
 by adding a new subdivision k to read as follows:
   K. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10868-01-7

 A. 7452                             2
 
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE  FOR  AN  EMPLOYER  SUBJECT TO THE PROVISIONS OF THIS ARTICLE. THE
 CREDITING OF SERVICE PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
 OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
 PROVIDED,  HOWEVER,  NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR
 WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A
 BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
 SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
 GOVERNMENT.
   § 3. Section 513 of the retirement and social security law is  amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
 PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF SECTION FIVE HUNDRED SEVENTEEN OF THIS ARTICLE. THE  CRED-
 ITING  OF  SERVICE  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE  RETIREMENT  BOARD
 OF  SUCH  RETIREMENT  SYSTEM,  PROVIDED  THAT SUCH RULES AND REGULATIONS
 SHALL BE SUBSTANTIALLY EQUIVALENT TO THE RULES AND REGULATIONS OTHERWISE
 APPLICABLE FOR THE  CREDITING  OF  SERVICE  PURSUANT  TO  THIS  SECTION.
 PROVIDED,  HOWEVER,  NO SUCH CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR
 WHICH THE PERSON IS RECEIVING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A
 BENEFIT AT ANY FUTURE TIME FROM SOME OTHER PUBLIC OR PRIVATE  RETIREMENT
 SYSTEM  OR  PLAN  IN  THIS STATE, IN ANY OTHER STATE OR FROM THE FEDERAL
 GOVERNMENT.
   § 4. Section 609 of the retirement and social security law is  amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A TEACHERS'
 RETIREMENT  SYSTEM  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN  EMPLOYER  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE,
 PROVIDED  SUCH  MEMBER  MAKES  THE  PAYMENTS  REQUIRED  PURSUANT  TO THE
 PROVISIONS OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE AND PARAGRAPH
 TWO OF SUBDIVISION B OF THIS SECTION. THE CREDITING OF SERVICE  PURSUANT
 TO THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH RULES AND REGULATIONS AS
 SHALL  BE  ADOPTED  BY  THE  RETIREMENT BOARD OF SUCH RETIREMENT SYSTEM,
 PROVIDED THAT SUCH RULES AND REGULATIONS SHALL BE  SUBSTANTIALLY  EQUIV-
 ALENT  TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE CREDIT-
 ING OF SERVICE PURSUANT TO THIS SECTION.   PROVIDED,  HOWEVER,  NO  SUCH
 CREDIT  SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS RECEIV-
 ING A BENEFIT OR WILL BE ENTITLED TO RECEIVE A  BENEFIT  AT  ANY  FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.

 A. 7452                             3
 
   §  5.  Subparagraph  (d)  of  paragraph  3 of subdivision a of section
 13-505 of the administrative code of the city of New York is amended  to
 read as follows:
   (d)  Credit  for  such  prior service up to a maximum of fifteen years
 shall be given only if application and payment therefor is made  by  the
 contributor  within the first four years subsequent to membership in the
 New York city teachers' retirement system  or  before  December  thirty-
 first,  [nineteen hundred sixty-nine] TWO THOUSAND SIXTEEN, whichever is
 later.
   § 6. Subdivision a of section 13-505 of the administrative code of the
 city of New York is amended by adding a new  paragraph  10  to  read  as
 follows:
   10.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, A MEMBER SHALL BE
 ENTITLED TO OBTAIN CREDIT FOR UP TO TEN  YEARS  OF  SERVICE  OTHER  THAN
 MILITARY  SERVICE  RENDERED  IN  THE  EMPLOY  OF THE FEDERAL GOVERNMENT,
 INCLUDING SERVICE IN THE PEACE CORPS, VISTA, OR HEAD START, WHICH  WOULD
 CONSTITUTE  SERVICE  AS A TEACHER, HAD IT BEEN PERFORMED WITHIN NEW YORK
 STATE FOR AN EMPLOYER SUBJECT TO THE PROVISIONS  OF  THIS  CHAPTER.  THE
 CREDITING  OF  SERVICE PURSUANT TO THIS PARAGRAPH SHALL BE IN ACCORDANCE
 WITH RULES AND REGULATIONS AS SHALL BE ADOPTED BY THE RETIREMENT  BOARD,
 PROVIDED  THAT  SUCH RULES AND REGULATIONS SHALL BE SUBSTANTIALLY EQUIV-
 ALENT TO THE RULES AND REGULATIONS OTHERWISE APPLICABLE FOR THE  CREDIT-
 ING  OF  SERVICE  PURSUANT TO THIS SECTION.   PROVIDED, HOWEVER, NO SUCH
 CREDIT SHALL BE ALLOWED FOR ANY SERVICE FOR WHICH THE PERSON IS  RECEIV-
 ING  A  BENEFIT  OR  WILL BE ENTITLED TO RECEIVE A BENEFIT AT ANY FUTURE
 TIME FROM SOME OTHER PUBLIC OR PRIVATE RETIREMENT SYSTEM OR PLAN IN THIS
 STATE, IN ANY OTHER STATE OR FROM THE FEDERAL GOVERNMENT.
   § 7. This act shall take effect June 30, 2017.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would amend section 509 of the Education  Law  and  sections
 446,  513,  and  609 of the Retirement and Social Security Law to permit
 members of the New York  State  Teachers'  Retirement  System  to  claim
 service  credit for up to ten years of federal teaching service (includ-
 ing Vista, Head Start, and the Peace Corps). Payments  for  such  credit
 must  be  made  by those members subject to Article 14 of the Retirement
 and Social Security Law in accordance with section 517 of such  law  and
 by  those  members  subject  to  Article 15 of the Retirement and Social
 Security Law in accordance with section 613 and paragraph 2 of  subdivi-
 sion b of section 609 of such law.
   It is not possible to determine the total annual cost to the employers
 of  members  of the New York State Teachers' Retirement System since the
 total amount of service credit which would be claimed  under  this  bill
 cannot  be  estimated.  However, the cost to the employers of members of
 the New York State  Teachers'  Retirement  System  is  estimated  to  be
 $22,200  per  year of service credited for Tier 1, 2, 3, 4 and 5 members
 and $17,300 per year of service credited for Tier 6 members if this bill
 is enacted.  These costs would be offset by member payments required  in
 accordance  with section 517 and section 613 and paragraph two of subdi-
 vision b of section 609 of the Retirement and Social Security Law.
   Employee data is from the System's  most  recent  actuarial  valuation
 files,  consisting  of  data provided by the employers to the Retirement
 System. Data distributions and statistics can be found in  the  System's
 Comprehensive  Annual  Financial  Report  (CAFR).  System  assets are as
 reported in the System's financial statements, and can also be found  in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report.

 A. 7452                             4
 
   The  source  of  this  estimate is Fiscal Note 2017-10 dated March 15,
 2017 prepared by the Actuary of the New York State Teachers'  Retirement
 System and is intended for use only during the 2017 Legislative Session.
 I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
 Retirement  System.  I  am a member of the American Academy of Actuaries
 and I meet the Qualification Standards of the American Academy of  Actu-
 aries to render the actuarial opinion contained herein.