NY State Senate Bill 2017-S7771A

Senate Bill S7771A

2017-2018 Legislative Session

Provides a pension benefit parity payment to certain retirees from a state management/confidential position

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 30, 2018	amended on third reading 7771a
May 16, 2018	advanced to third reading
May 15, 2018	2nd report cal.
May 14, 2018	1st report cal.1165
Feb 21, 2018	referred to civil service and pensions

Votes

- May 14, 2018 - Civil Service And Pensions Committee Vote
  S7771A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 14, 2018
      
      aye (8)
      
      Addabbo Jr.
      
      Golden
      
      Lanza
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      aye wr (1)
      
      Ortt
      
      excused (2)
      
      Benjamin
      
      Croci

Bill Amendments

Original

A (Active)

2017-S7771 - Details

See Assembly Version of this Bill:: A10909
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Add §137, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S899, S4079
2021-2022: S2866

2017-S7771 - Summary

Provides a pension benefit parity payment to certain retirees from a state management/confidential position.

2017-S7771 - Sponsor Memo

                                
 
BILL NUMBER: S7771

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the civil service law, in relation to
establishing a retiree parity payment for certain employees who served
in a position or positions in the classified service of the state desig-
nated managerial or confidential

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides certain employees designated managerial or confiden-
tial to receive a rebate payment for salary increases that were author-
ized, yet ultimately withheld by New York State.

 
SUMMARY OF PROVISIONS:

This bill amends the civil service law by adding a new section 137 to
provide a rebate payment to certain employees designated managerial or
confidential and retired between April 1, 2009 and March 31, 2017.

For those employees that retired between April 1, 2009 and March 31,

2015 and had an authorized salary increase that was withheld, the
employee shall receive a monthly rebate of $70 for each month such
increase was withheld, which shall not exceed $5,000 per employee.

For those employees that retired between April 1, 2015 and March 31,
2017 and had an authorized salary increase that was withheld, the
employee shall receive a rebate of $5,000 less any salary increases
received during that time period.

 
JUSTIFICATION:

During the 2008 recession, management confidential employees (M/Cs) had
their authorized salary increases withheld by the state in an effort to
reduce expenditures.

While many M/Cs ultimately received their withheld pay raises, thousands
of M/Cs retired during the withheld period" and thus were denied this
rightful benefit. This measure provides a rebate to those management
confidential employees that retired after having salary increases with-
held for 2009 and/or 2010. New York saved over $450,000 million in sala-
ries and fringe benefits from the withholding of salary increases for
2019 and 2010. No more than 4,000 eligible retirees are expected to take
advantage of this rebate.

While this measure does not wholly recover those lost wages, it is only
fair to restore some of the lost value of the withheld salaries.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

For the 4/1/2009-3/31/2015 period the NYS Division of the Budget
utilized an average M/C annual salary of $72,000. Using data and service
records from New York State and Local Employees Retirement System there
were 2608 M/C retirees whose salary restoration through this proposal
would cost approximately $6.5 million.
The total cost for this proposal is estimated at $9 million.

 
EFFECTIVE DATE:
Immediately.

2017-S7771 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7771
 
                             I N  S E N A T E
 
                             February 21, 2018
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, in  relation  to  establishing  a
   retiree  parity payment for certain employees who served in a position
   or positions in the classified service of the state designated manage-
   rial or confidential

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 137 to read as follows:
   § 137. MANAGEMENT/CONFIDENTIAL RETIREE PARITY PAYMENT.  1.    NOTWITH-
 STANDING  ANY  PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY
 RETIREE WHO SERVED IN A POSITION OR POSITIONS IN THE CLASSIFIED  SERVICE
 OF  THE  STATE DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSUANT TO ARTICLE
 FOURTEEN OF THIS CHAPTER AND WHO RETIRED BETWEEN APRIL FIRST, TWO  THOU-
 SAND NINE AND MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, AND HAD A SALARY
 INCREASE  AUTHORIZED UNDER CHAPTER TEN OF THE LAWS OF TWO THOUSAND EIGHT
 WHICH WAS WITHHELD FOR STATE FISCAL YEARS TWO THOUSAND NINE  AND/OR  TWO
 THOUSAND  TEN  SHALL  RECEIVE  A SEVENTY DOLLAR REBATE PAYMENT FOR EVERY
 MONTH OF WITHHOLDING FROM APRIL FIRST,  TWO  THOUSAND  NINE  UNTIL  SUCH
 RETIREE'S  DATE  OF  RETIREMENT  OR  MARCH  THIRTY-FIRST,  TWO  THOUSAND
 FIFTEEN, WHICHEVER IS EARLIER, NOT TO EXCEED A TOTAL  OF  FIVE  THOUSAND
 DOLLARS.  THE  COMPTROLLER SHALL CERTIFY TO THE DIVISION OF THE BUDGET A
 LISTING OF ALL SUCH RETIREES DEEMED ELIGIBLE PURSUANT TO  THIS  SUBDIVI-
 SION.
   2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
 CONTRARY, ANY RETIREE WHO SERVED IN A POSITION OR POSITIONS IN THE CLAS-
 SIFIED SERVICE OF THE STATE DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSU-
 ANT TO ARTICLE FOURTEEN OF THIS CHAPTER AND WHO  RETIRED  BETWEEN  APRIL
 FIRST,  TWO  THOUSAND FIFTEEN AND JUNE THIRTIETH, TWO THOUSAND SEVENTEEN
 AND HAD A SALARY INCREASE AUTHORIZED UNDER CHAPTER TEN OF  THE  LAWS  OF
 TWO  THOUSAND  EIGHT WHICH WAS WITHHELD FOR STATE FISCAL YEARS TWO THOU-
 SAND NINE AND/OR TWO THOUSAND TEN SHALL RECEIVE  FIVE  THOUSAND  DOLLARS
 LESS  THE  PARITY  SALARY  INCREASES  RECEIVED DURING THE SPECIFIED TIME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14823-01-8

 S. 7771                             2

 PERIOD. THE COMPTROLLER SHALL CERTIFY TO THE DIVISION OF  THE  BUDGET  A
 LISTING  OF  ALL SUCH RETIREES DEEMED ELIGIBLE PURSUANT TO THIS SUBDIVI-
 SION.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S7771A (ACTIVE) - Details

See Assembly Version of this Bill:: A10909
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Add §137, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S899, S4079
2021-2022: S2866

2017-S7771A (ACTIVE) - Summary

Provides a pension benefit parity payment to certain retirees from a state management/confidential position.

2017-S7771A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7771A

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the civil service law, in relation to
establishing a retiree parity payment for certain employees who served
in a position or positions in the classified service of the state desig-
nated managerial or confidential

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides  certain employees designated managerial or confiden-
tial to receive a rebate payment for salary increases that were author-
ized, yet ultimately withheld by New York State.

 
SUMMARY OF PROVISIONS:

This bill amends the civil service law by adding a new section 137 to
provide a rebate payment to certain employees designated managerial or
confidential and retired between April 1, 2009 and March 31, 2017.

For those employees that retired between April 1, 2009 and March 31,

2015 and had an authorized salary increase that was withheld, the
employee shall receive a monthly rebate of $70 for each month such
increase was withheld, which shall not exceed $5,000 per employee.

For those employees that retired between April 1, 2015 and March 31,
2017 and had an authorized salary increase that was withheld, the
employee shall receive a rebate of $5,000 less any salary increases
received during that time period.

 
JUSTIFICATION:

During the 2008 recession, management confidential employees (M/Cs) had
their authorized salary increases withheld by the state in an effort to
reduce expenditures.

While many M/Cs ultimately received their withheld pay raises, thousands
of M/Cs retired during the withheld period" and thus were denied this
rightful benefit. This measure provides a rebate to those management
confidential employees that retired after having salary increases with-
held for 2009 and/or 2010. New York saved over $450,000 million in sala-
ries and fringe benefits from the withholding of salary increases for
2019 and 2010. No more than 4,000 eligible retirees are expected to take
advantage of this rebate.

While this measure does not wholly recover those lost wages, it is only
fair to restore some of the lost value of the withheld salaries.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

For the 4/1/2009-3/31/2015 period the NYS Division of the Budget
utilized an average M/C annual salary of $72,000. Using data and service
records from New York State and Local Employees Retirement System there
were 2608 M/C retirees whose salary restoration through this proposal
would cost approximately $6.5 million.
The total cost for this proposal is estimated at $9 million.

 
EFFECTIVE DATE:
Immediately.

2017-S7771A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7771--A
     Cal. No. 1165
 
                             I N  S E N A T E
 
                             February 21, 2018
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- reported favorably from said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT  to  amend  the civil service law, in relation to establishing a
   retiree parity payment for certain employees who served in a  position
   or positions in the classified service of the state designated manage-
   rial or confidential
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 137 to read as follows:
   §  137.  MANAGEMENT/CONFIDENTIAL  RETIREE PARITY PAYMENT. 1.  NOTWITH-
 STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE  CONTRARY,  ANY
 RETIREE  WHO SERVED IN A POSITION OR POSITIONS IN THE CLASSIFIED SERVICE
 OF THE STATE DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSUANT  TO  ARTICLE
 FOURTEEN  OF THIS CHAPTER AND WHO RETIRED BETWEEN APRIL FIRST, TWO THOU-
 SAND NINE AND MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, AND HAD A SALARY
 INCREASE AUTHORIZED UNDER CHAPTER TEN OF THE LAWS OF TWO THOUSAND  EIGHT
 WHICH  WAS  WITHHELD FOR STATE FISCAL YEARS TWO THOUSAND NINE AND/OR TWO
 THOUSAND TEN SHALL RECEIVE A SEVENTY DOLLAR  REBATE  PAYMENT  FOR  EVERY
 MONTH  OF  WITHHOLDING  FROM  APRIL  FIRST, TWO THOUSAND NINE UNTIL SUCH
 RETIREE'S  DATE  OF  RETIREMENT  OR  MARCH  THIRTY-FIRST,  TWO  THOUSAND
 FIFTEEN,  WHICHEVER  IS  EARLIER, NOT TO EXCEED A TOTAL OF FIVE THOUSAND
 DOLLARS. THE COMPTROLLER SHALL CERTIFY TO THE DIVISION OF THE  BUDGET  A
 LISTING  OF  ALL SUCH RETIREES DEEMED ELIGIBLE PURSUANT TO THIS SUBDIVI-
 SION.
   2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY, ANY RETIREE WHO SERVED IN A POSITION OR POSITIONS IN THE CLAS-
 SIFIED SERVICE OF THE STATE DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSU-
 ANT  TO  ARTICLE  FOURTEEN OF THIS CHAPTER AND WHO RETIRED BETWEEN APRIL
 FIRST, TWO THOUSAND FIFTEEN AND JUNE THIRTIETH, TWO  THOUSAND  SEVENTEEN
 AND  HAD  A  SALARY INCREASE AUTHORIZED UNDER CHAPTER TEN OF THE LAWS OF

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14823-02-8

 S. 7771--A                          2

 TWO THOUSAND EIGHT WHICH WAS WITHHELD FOR STATE FISCAL YEARS  TWO  THOU-
 SAND  NINE  AND/OR  TWO THOUSAND TEN SHALL RECEIVE FIVE THOUSAND DOLLARS
 LESS THE PARITY SALARY INCREASES  RECEIVED  DURING  THE  SPECIFIED  TIME
 PERIOD.  THE  COMPTROLLER  SHALL CERTIFY TO THE DIVISION OF THE BUDGET A
 LISTING OF ALL RETIREES DEEMED ELIGIBLE PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

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