S T A T E O F N E W Y O R K
________________________________________________________________________
8389--C
Cal. No. 1289
I N S E N A T E
February 22, 2022
___________
Introduced by Sens. THOMAS, MAY -- read twice and ordered printed, and
when printed to be committed to the Committee on Labor -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, amended on second report, ordered to a
third reading, and to be reprinted as amended, retaining its place in
the order of third reading -- reported favorably from said committee
to third reading, amended and ordered reprinted, retaining its place
in the order of third reading
AN ACT to amend the labor law, in relation to certification of employ-
ment with public service employers for purposes of the federal public
service loan forgiveness program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new article 34 to read
as follows:
ARTICLE 34
CERTIFICATION OF PUBLIC SERVICE EMPLOYMENT
SECTION 1000. DEFINITIONS.
1001. HOURS WORKED AND FULL-TIME EMPLOYMENT.
1002. CERTIFYING EMPLOYMENT.
§ 1000. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
1. "CERTIFYING EMPLOYMENT" MEANS EITHER COMPLETING THE EMPLOYER
SECTIONS OF THE PUBLIC SERVICE LOAN FORGIVENESS FORM OR SHARING DATA
DIRECTLY WITH THE U.S. DEPARTMENT OF EDUCATION THAT CORRESPONDS TO THE
INFORMATION REQUIRED FOR THE PUBLIC SERVICE LOAN FORGIVENESS FORM.
2. "EMPLOYEE" MEANS SOMEONE WHO WORKS FOR A PUBLIC SERVICE EMPLOYER,
REGARDLESS OF WHETHER THE PUBLIC SERVICE EMPLOYER CONSIDERS THAT WORK TO
BE FULL-TIME OR PART-TIME, CONTINGENT, OR CONTRACTED.
3. "FULL-TIME" FOR THE PURPOSE OF CERTIFYING EMPLOYMENT ONLY MEANS
WORKING AT LEAST AN AVERAGE OF THIRTY HOURS PER WEEK OR AT LEAST AN
AVERAGE OF THIRTY HOURS PER WEEK THROUGHOUT A CONTRACTUAL OR EMPLOYMENT
PERIOD OF AT LEAST EIGHT MONTHS IN A TWELVE-MONTH PERIOD, SUCH AS
ELEMENTARY AND SECONDARY SCHOOL TEACHERS, PROVIDED, HOWEVER, THAT SHOULD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14644-07-2
S. 8389--C 2
THE U.S. DEPARTMENT OF EDUCATION ADOPT A LOWER HOURLY STANDARD, THAT
STANDARD SHALL APPLY.
4. "PUBLIC SERVICE EMPLOYER" MEANS ANY EMPLOYER DESIGNATED AS A PUBLIC
SERVICE ORGANIZATION OR EMPLOYER BY THE U.S. DEPARTMENT OF EDUCATION FOR
THE PURPOSE OF THE PUBLIC SERVICE LOAN FORGIVENESS PROGRAM. THE TERM
SHALL INCLUDE ANY STATE, COUNTY, CITY OR OTHER LOCAL GOVERNMENT EMPLOY-
ER, INCLUDING ANY OFFICE, DEPARTMENT, INDEPENDENT AGENCY, SCHOOL
DISTRICT, PUBLIC COLLEGE OR UNIVERSITY SYSTEM, PUBLIC LIBRARY SYSTEM,
AUTHORITY, OR OTHER BODY, INCLUDING THE LEGISLATURE AND THE JUDICIARY,
AS WELL AS ANY EMPLOYER THAT HAS RECEIVED DESIGNATION AS A TAX-EXEMPT
ORGANIZATION PURSUANT TO SECTION 501(C)(3) OF THE U.S. INTERNAL REVENUE
CODE. FOR THE PURPOSES OF THIS ARTICLE, THIS TERM DOES NOT INCLUDE A
FEDERAL OR TRIBAL NATION GOVERNMENT ORGANIZATION, AGENCY, OR ENTITY.
5. "PUBLIC SERVICE LOAN FORGIVENESS FORM" MEANS THE FORM USED BY THE
U.S. DEPARTMENT OF EDUCATION TO CERTIFY AN INDIVIDUAL'S EMPLOYMENT AT A
PUBLIC SERVICE ORGANIZATION AND DETERMINE ELIGIBILITY FOR THE PURPOSES
OF THE PUBLIC SERVICE LOAN FORGIVENESS PROGRAM.
6. "PUBLIC SERVICE LOAN FORGIVENESS PROGRAM" MEANS THE FEDERAL LOAN
FORGIVENESS PROGRAM ESTABLISHED PURSUANT TO 20 U.S.C. 1087E(M) AND
ADMINISTERED PURSUANT TO 34 C.F.R 685.219, AS OF THE EFFECTIVE DATE OF
THIS ARTICLE.
§ 1001. HOURS WORKED AND FULL-TIME EMPLOYMENT. THE FOLLOWING SHALL
APPLY FOR THE PURPOSES OF CERTIFYING EMPLOYMENT FOR THE PURPOSES OF THE
PUBLIC SERVICE LOAN FORGIVENESS PROGRAM ONLY AND SHALL HAVE NO OTHER
APPLICABILITY FOR PUBLIC SERVICE EMPLOYERS AND THEIR EMPLOYEES.
1. FOR FACULTY OR TEACHER EMPLOYEES, A PUBLIC SERVICE EMPLOYER CERTI-
FYING EMPLOYMENT AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL
CREDIT 3.35 HOURS WORKED FOR EACH HOUR OF LECTURE OR CLASSROOM TIME,
REGARDLESS OF WHEN THE HOURS WERE WORKED, INCLUDING HOURS WORKED PRIOR
TO THE EFFECTIVE DATE OF THIS SUBDIVISION. THIS SUBDIVISION DOES NOT
SUPERSEDE ANY GREATER ADJUSTMENT FACTOR ESTABLISHED BY A COLLECTIVE
BARGAINING AGREEMENT OR EMPLOYER POLICY IN RECOGNITION OF ADDITIONAL
WORK ASSOCIATED WITH LECTURE OR CLASSROOM TIME FOR THE PURPOSE OF THE
PUBLIC SERVICE LOAN FORGIVENESS PROGRAM.
2. WHEN DETERMINING WHETHER AN EMPLOYEE IS CONSIDERED "FULL-TIME," AS
THAT TERM IS DEFINED IN THIS ARTICLE, FOR THE PURPOSE OF CERTIFYING
EMPLOYMENT FOR THE PUBLIC SERVICE LOAN FORGIVENESS PROGRAM ONLY, A
PUBLIC SERVICE EMPLOYER SHALL NOT TREAT ANY ADJUSTED TOTAL HOURS WORKED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION DIFFERENTLY FROM HOURS
WORKED WITHOUT AN ADJUSTMENT FACTOR.
3. FOR THE PURPOSE OF CERTIFYING EMPLOYMENT ONLY, A PUBLIC SERVICE
EMPLOYER SHALL CONSIDER AS "FULL-TIME" ANY EMPLOYEE WHO SATISFIES THE
DEFINITION OF "FULL-TIME" PROVIDED IN THIS ARTICLE.
§ 1002. CERTIFYING EMPLOYMENT. 1. SHOULD THE U.S. DEPARTMENT OF EDUCA-
TION PERMIT PUBLIC SERVICE EMPLOYERS TO CERTIFY EMPLOYMENT FOR PAST OR
PRESENT INDIVIDUAL EMPLOYEES OR GROUPS OF EMPLOYEES DIRECTLY WITH THE
U.S. DEPARTMENT OF EDUCATION OR ITS AGENTS, NOTWITHSTANDING OTHER
PROVISIONS OF LAW, A PUBLIC SERVICE EMPLOYER SHALL BE PERMITTED TO SEND
TO THE U.S. DEPARTMENT OF EDUCATION OR ITS AGENTS THE INFORMATION
NECESSARY FOR EMPLOYMENT CERTIFICATION.
2. IF A PUBLIC SERVICE EMPLOYER DOES NOT DIRECTLY CERTIFY EMPLOYMENT
WITH THE U.S. DEPARTMENT OF EDUCATION PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, THE PUBLIC SERVICE EMPLOYER SHALL ANNUALLY PROVIDE NOTICE
OF RENEWAL AND A COPY OF THE PUBLIC SERVICE LOAN FORGIVENESS FORM WITH
THE EMPLOYER INFORMATION AND EMPLOYMENT CERTIFICATION SECTIONS OF THE
FORM ALREADY COMPLETED TO:
S. 8389--C 3
A. AN EMPLOYEE WHO REQUESTS A PUBLIC SERVICE LOAN FORGIVENESS FORM;
B. ANY CURRENT EMPLOYEE FOR WHOM THE PUBLIC SERVICE EMPLOYER HAS
PREVIOUSLY CERTIFIED EMPLOYMENT; AND
C. AN EMPLOYEE WHO IS ENDING HIS OR HER WORK WITH THE PUBLIC SERVICE
EMPLOYER.
THE PARTIALLY COMPLETED FORM SHOULD REFLECT EMPLOYMENT FOR THE PRIOR
CALENDAR YEAR, AND MAY REFLECT LONGER PERIODS OF EMPLOYMENT, AS NECES-
SARY.
3. A PUBLIC SERVICE EMPLOYER SHALL NOT UNREASONABLY DELAY IN CERTIFY-
ING EMPLOYMENT.
4. NOTHING IN THIS SECTION SHALL PREVENT A PUBLIC SERVICE EMPLOYER
FROM SEEKING PERMISSION FROM ITS EMPLOYEES PRIOR TO CERTIFYING THEIR
EMPLOYMENT.
§ 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 3. This act shall take effect immediately; provided that:
a. public service employers shall be required to comply with paragraph
a of subdivision 2 of section 1002 of the labor law as added by section
one of this act no later than sixty days after such effective date; and
b. public service employers shall be required to comply with paragraph
b of subdivision 2 of section 1002 of the labor law as added by section
one of this act no later than January 1, 2023.
