Senate Bill S8389

Signed By Governor
2021-2022 Legislative Session

Relates to certification of public employment for purposes of the federal public service loan forgiveness program

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2021-S8389 - Details

Law Section:
Labor Law
Laws Affected:
Add Art 34 §§1000 - 1003, Lab L

2021-S8389 - Summary

Relates to certification of public employment for purposes of the federal public service loan forgiveness program; requires public employers to provide certain notices and program forms; provides that an average of 30 hours per week shall be considered full-time for purposes of certifying public employment under the federal program.

2021-S8389 - Sponsor Memo

2021-S8389 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8389
 
                             I N  S E N A T E
 
                             February 22, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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.
         1003. TAX  CONSEQUENCES  OF  CANCELLATION.
   § 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 THIRTY HOURS PER WEEK OR AT LEAST 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 TEACH-
 ERS.
   4.  "PUBLIC  SERVICE  EMPLOYER" MEANS ANY STATE, COUNTY, CITY OR OTHER
 LOCAL GOVERNMENT EMPLOYER, 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. THIS TERM SHALL ALSO MEAN ANY EMPLOYER THAT HAS  RECEIVED
 DESIGNATION  AS  A TAX-EXEMPT ORGANIZATION PURSUANT TO SECTION 501(C)(3)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S8389A - Details

Law Section:
Labor Law
Laws Affected:
Add Art 34 §§1000 - 1003, Lab L

2021-S8389A - Summary

Relates to certification of public employment for purposes of the federal public service loan forgiveness program; requires public employers to provide certain notices and program forms; provides that an average of 30 hours per week shall be considered full-time for purposes of certifying public employment under the federal program.

2021-S8389A - Sponsor Memo

2021-S8389A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8389--A
 
                             I N  S E N A T E
 
                             February 22, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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
 
 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;  and  to  amend  the  tax law, in
   relation to excluding from gross income certain student loan  forgive-
   ness awards
 
   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 THIRTY HOURS PER WEEK OR AT LEAST 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 TEACH-
 ERS.
   4. "PUBLIC SERVICE EMPLOYER" MEANS ANY STATE, COUNTY,  CITY  OR  OTHER
 LOCAL GOVERNMENT EMPLOYER, INCLUDING ANY OFFICE, DEPARTMENT, INDEPENDENT
 AGENCY,  SCHOOL  DISTRICT,  PUBLIC  COLLEGE OR UNIVERSITY SYSTEM, PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S8389B - Details

Law Section:
Labor Law
Laws Affected:
Add Art 34 §§1000 - 1003, Lab L

2021-S8389B - Summary

Relates to certification of public employment for purposes of the federal public service loan forgiveness program; requires public employers to provide certain notices and program forms; provides that an average of 30 hours per week shall be considered full-time for purposes of certifying public employment under the federal program.

2021-S8389B - Sponsor Memo

2021-S8389B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8389--B
     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
 
 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
 THE  U.S.  DEPARTMENT  OF  EDUCATION ADOPT A LOWER HOURLY STANDARD, THAT
 STANDARD SHALL APPLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-S8389C (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Add Art 34 §§1000 - 1003, Lab L

2021-S8389C (ACTIVE) - Summary

Relates to certification of public employment for purposes of the federal public service loan forgiveness program; requires public employers to provide certain notices and program forms; provides that an average of 30 hours per week shall be considered full-time for purposes of certifying public employment under the federal program.

2021-S8389C (ACTIVE) - Sponsor Memo

2021-S8389C (ACTIVE) - Bill Text download pdf

                             
                     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
              

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