NY State Senate Bill 2021-S3404B

Senate Bill S3404B

2021-2022 Legislative Session

Provides for the extension of NYSLRS service credit for any service credit lost due to either furlough or layoff of a member from when executive order 202 was issued through December 31, 2020

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 11, 2022	print number 3404b
Feb 11, 2022	amend and recommit to civil service and pensions
Jan 05, 2022	referred to civil service and pensions
Feb 22, 2021	print number 3404a
Feb 22, 2021	amend and recommit to civil service and pensions
Jan 29, 2021	referred to civil service and pensions

Bill Amendments

Original

B (Active)

2021-S3404 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8969
2023-2024: S2632

2021-S3404 - Summary

Provides for the extension of NYSLRS service credit for any service credit lost due to either furlough or layoff of a member from the period beginning when executive order 202 of 2020 was issued through December 31, 2020.

2021-S3404 - Sponsor Memo

                                
 
BILL NUMBER: S3404

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act providing for the extension of NYSLRS service credit for any
service credit lost due to either furlough or layoff of a member from
the period beginning when executive order 202 of 2020 was issued through
December 31, 2020

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure that no service credit would be lost from the
start of the COVID-19 pandemic in New York State through the end of 2020
for NYSLRS employees, who were either furloughed or experienced a
layoff.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. An extension of service credit shall be granted to full-time,
part-time and seasonal NYSLRS employees, who faced a furlough or layoff

between the period beginning on the date of executive order 202 of 2020
through December 31, 2020. These members would need to have at least
five years of credited service, not including service credited in this
act, to be eligible.

Section 2. Notwithstanding any provision of law to the contrary, none of
the provisions of this act shall be subject to section 25 of the retire-
ment and social security law.

Section 3. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Since the first COVID-19 case was reported in New York, many employees
across the state have either been furloughed or lost their job through
no fault of their own. This bill would allow for any member of the New
York State and Local Retirement System, who have experienced either one
of these events, beginning from executive order 202 of 2020 through
12/31/2020, to receive the service credit lost during this period. It's
the right thing to do during these very challenging times.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.8969 Referred to Rules

 
FISCAL IMPLICATIONS:

See Fiscal Note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3404 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3404
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT providing for the extension of  NYSLRS  service  credit  for  any
   service  credit lost due to either furlough or layoff of a member from
   the period beginning when executive  order  202  of  2020  was  issued
   through December 31, 2020
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any provision of law to the  contrary,  any
 member  of  the  New York state and local retirement system who has been
 furloughed or dismissed from employment between the period beginning  on
 the  date  a state disaster emergency was declared pursuant to executive
 order 202 of 2020 through December 31, 2020 and has lost New York  state
 and  local retirement system service credit as a result, shall be eligi-
 ble for service credit for the amount  of  time  such  member  has  been
 furloughed  or  dismissed  during such period. Such extension of service
 credit shall apply to full-time, part-time and seasonal members.    Such
 members  shall have at least five years of credited service, not includ-
 ing service credited in this act, to be eligible to receive  the  credit
 authorized pursuant to this act.
   § 2. Notwithstanding any provision of law to the contrary, none of the
 provisions  of this act shall be subject to section 25 of the retirement
 and social security law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow any member of  the  New  York  State  and  Local
 Retirement  System (NYSLRS) who was furloughed or dismissed from employ-
 ment during the period beginning on the date a  disaster  emergency  was
 declared  in  the  State  of New York pursuant to Executive Order 202 of
 2020 and ending on December 31, 2020 to be granted service  credit  with
 the  NYSLRS as if no period of unemployment occurred. To be eligible for

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

                                                            LBD04782-03-1

 S. 3404                             2
 
 this additional service credit, a member must have accrued  at  least  5
 years of service credit, not including service credited under this bill.
 This  bill  would not be consistent with the NYSLRS's policy of granting
 service credit only when a salary has been paid.
   Insofar  as  it  would  affect the New York State and Local Employees'
 Retirement System, if this bill is enacted during the  2021  legislative
 session it is estimated that the past service cost will average approxi-
 mately  21 percent of an affected member's compensation for each year of
 additional service that is granted.
   Insofar as it would affect the New York State  and  Local  Police  and
 Fire Retirement System, if this bill is enacted during the 2021 legisla-
 tive  session  it  is  estimated that the past service cost will average
 approximately 25 percent of an affected member's compensation  for  each
 year of additional service that is granted.
   All  costs  arising from this bill would be shared by the State of New
 York and all of the participating employers in the NYSLRS.
   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
 Report.
   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
 Control.
   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 January 6, 2021, and intended for use only during
 the  2021  Legislative  Session, is Fiscal Note No. 2021-14, prepared by
 the Actuary for the New York State and Local Retirement System.

2021-S3404A - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8969
2023-2024: S2632

2021-S3404A - Summary

2021-S3404A - Sponsor Memo

                                
 
BILL NUMBER: S3404A

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act providing for the extension of NYSLRS service credit for any
service credit lost due to either furlough or layoff of a member from
the period beginning when executive order 202 of 2020 was issued through
December 31, 2020

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure that no service credit would be lost from the
start of the COVID-19 pandemic in New York State through the end of 2020
for NYSLRS employees, who were either furloughed or experienced a
layoff.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. An extension of service credit shall be granted to full-time,
part-time and seasonal NYSLRS employees, who faced a furlough or layoff

between the period beginning on the date of executive order 202 of 2020
through December 31, 2020. These members would need to have at least
five years of credited service, not including service credited in this
act, to be eligible.

Section 2. Notwithstanding any provision of law to the contrary, none of
the provisions of this act shall be subject to section 25 of the retire-
ment and social security law.

Section 3. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Since the first COVID-19 case was reported in New York, many employees
across the state have either been furloughed or lost their job through
no fault of their own. This bill would allow for any member of the New
York State and Local Retirement System, who have experienced either one
of these events, beginning from executive order 202 of 2020 through
12/31/2020, to receive the service credit lost during this period. It's
the right thing to do during these very challenging times.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.8969 Referred to Rules

 
FISCAL IMPLICATIONS:

See Fiscal Note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3404A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3404--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  providing  for  the  extension of NYSLRS service credit for any
   service credit lost due to either furlough or layoff of a member  from
   the  period  beginning  when  executive  order  202 of 2020 was issued
   through December 31, 2020
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding any provision of law to the contrary, any
 member of the New York state and local retirement system  who  has  been
 furloughed  or dismissed from employment between the period beginning on
 the date a state disaster emergency was declared pursuant  to  executive
 order  202 of 2020 through December 31, 2020 and has lost New York state
 and local retirement system service credit as a result, shall be  eligi-
 ble  for  service  credit  for  the  amount of time such member has been
 furloughed or dismissed during such period. Such  extension  of  service
 credit  shall  apply to full-time, part-time and seasonal members.  Such
 members shall have at least five years of credited service, not  includ-
 ing  service  credited in this act, to be eligible to receive the credit
 authorized pursuant to this act.
   § 2. Notwithstanding any provision of law to the contrary, none of the
 provisions of this act shall be subject to section 25 of the  retirement
 and social security law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow  any  member  of the New York State and Local
 Retirement System (NYSLRS) who was furloughed or dismissed from  employ-
 ment  during  the  period beginning on the date a disaster emergency was
 declared in the State of New York pursuant to  Executive  Order  202  of

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

                                                            LBD04782-04-1

 S. 3404--A                          2
 
 2020  and  ending on December 31, 2020 to be granted service credit with
 the NYSLRS as if no period of unemployment occurred. To be eligible  for
 this  additional  service  credit, a member must have accrued at least 5
 years of service credit, not including service credited under this bill.
 This  bill  would not be consistent with the NYSLRS's policy of granting
 service credit only when a salary has been paid.
   Insofar as it would affect the New York  State  and  Local  Employees'
 Retirement  System,  if this bill is enacted during the 2021 legislative
 session it is estimated that the past service cost will average approxi-
 mately 18 percent of an affected member's compensation for each year  of
 additional service that is granted.
   Insofar  as  it  would  affect the New York State and Local Police and
 Fire Retirement System, if this bill is enacted during the 2021 legisla-
 tive session it is estimated that the past  service  cost  will  average
 approximately  21  percent of an affected member's compensation for each
 year of additional service that is granted.
   All costs arising from this bill would be shared by the State  of  New
 York and all of the participating employers in the NYSLRS.
   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
 Report.
   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
 Control.
   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 February 19, 2021,  and  intended  for  use  only
 during  the 2021 Legislative Session, is revised Fiscal Note No. 2021-14
 Revised, prepared by the Actuary  for  the  New  York  State  and  Local
 Retirement System.

2021-S3404B (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8969
2023-2024: S2632

2021-S3404B (ACTIVE) - Summary

2021-S3404B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3404B

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act providing for the extension of NYSLRS service credit for any
service credit lost due to either furlough or layoff of a member from
the period beginning when executive order 202 of 2020 was issued through
December 31, 2020

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure that no service credit would be lost from the
start of the COVID-19 pandemic in New York State through the end of 2020
for NYSLRS employees, who were either furloughed or experienced a
layoff.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. An extension of service credit shall be granted to full-time,
part-time and seasonal NYSLRS employees, who faced a furlough or layoff
between the period beginning on the date of executive order 202 of 2020

through December 31, 2020. These members would need to have at least
five years of credited service, not including service credited in this
act, to be eligible.

Section 2. Notwithstanding any provision of law to the contrary, none of
the provisions of this act shall be subject to section 25 of the retire-
ment and social security law.

Section 3. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Since the first COVID-19 case was reported in New York, many employees
across the state have either been furloughed or lost their job through
no fault of their own. This bill would allow for any member of the New
York State and Local Retirement System, who have experienced either one
of these events, beginning from executive order 202 of 2020 through
12/31/2020, to receive the service credit lost during this period. It's
the right thing to do during these very challenging times.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.8969 Referred to Rules

 
FISCAL IMPLICATIONS:

See Fiscal Note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3404B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3404--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to said committee -- recommitted to the Committee on
   Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  providing  for  the  extension of NYSLRS service credit for any
   service credit lost due to either furlough or layoff of a member  from
   the  period  beginning  when  executive  order  202 of 2020 was issued
   through December 31, 2020
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding any provision of law to the contrary, any
 member of the New York state and local retirement system  who  has  been
 furloughed  or dismissed from employment between the period beginning on
 the date a state disaster emergency was declared pursuant  to  executive
 order  202 of 2020 through December 31, 2020 and has lost New York state
 and local retirement system service credit as a result, shall be  eligi-
 ble  for  service  credit  for  the  amount of time such member has been
 furloughed or dismissed during such period. Such  extension  of  service
 credit  shall  apply to full-time, part-time and seasonal members.  Such
 members shall have at least five years of credited service, not  includ-
 ing  service  credited in this act, to be eligible to receive the credit
 authorized pursuant to this act.
   § 2. Notwithstanding any provision of law to the contrary, none of the
 provisions of this act shall be subject to section 25 of the  retirement
 and social security law.
   § 3. 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.
                                                            LBD04782-05-2
 S. 3404--B                          2

 
   This  bill  would  allow  any  member  of the New York State and Local
 Retirement System (NYSLRS) who was furloughed or dismissed from  employ-
 ment  during  the  period beginning on the date a disaster emergency was
 declared in the State of New York pursuant to  Executive  Order  202  of
 2020  and  ending on December 31, 2020 to be granted service credit with
 the NYSLRS as if no period of unemployment occurred. To be eligible  for
 this  additional  service  credit, a member must have accrued at least 5
 years of service credit, not including service credited under this bill.
 This bill would not be consistent with the NYSLRS's policy  of  granting
 service credit only when a salary has been paid.
   Insofar  as  it  would  affect the New York State and Local Employees'
 Retirement System, if this bill is enacted during the  2022  legislative
 session it is estimated that the past service cost will average approxi-
 mately  21 percent of an affected member's compensation for each year of
 additional service that is granted.
   Insofar as it would affect the New York State  and  Local  Police  and
 Fire Retirement System, if this bill is enacted during the 2022 legisla-
 tive  session  it  is  estimated that the past service cost will average
 approximately 25 percent of an affected member's compensation  for  each
 year of additional service that is granted.
   All  costs  arising from this bill would be shared by the State of New
 York and all of the participating employers in the NYSLRS.
   Summary of relevant resources:
   Membership data as of March 31, 2021 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 Annual Report to the Comptroller on Actuarial Assumptions,  and
 the  Codes,  Rules  and  Regulations of the State of New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2021
 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  February  10,  2022, and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-70,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

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