S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1998
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. JEAN-PIERRE, COLTON, SAYEGH, LAVINE, DICKENS,
   COOK, DeSTEFANO, PALMESANO, SIMON, TAYLOR -- read once and referred to
   the Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation  to  use  of  accrued
   vacation time

   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
 159-e to read as follows:
   §  159-E.  USE OF ACCRUED VACATION TIME TOWARDS STUDENT LOAN PAYMENTS.
 1. EVERY PUBLIC OFFICER,  EMPLOYEE  OF  THIS  STATE,  COUNTY,  COMMUNITY
 COLLEGE,  PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES (BOCES), VOCATIONAL EDUCATION  AND  EXTENSION
 BOARD, SCHOOL DISTRICT ENUMERATED IN SECTION ONE OF CHAPTER FIVE HUNDRED
 SIXTY-SIX  OF  THE  LAWS  OF NINETEEN HUNDRED SIXTY-SEVEN, MUNICIPALITY,
 SCHOOL DISTRICT OR PARTICIPATING EMPLOYER IN  THE  NEW  YORK  STATE  AND
 LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM OR A PARTICIPATING EMPLOYER IN THE
 NEW YORK STATE TEACHERS' RETIREMENT SYSTEM  SHALL  BE  ENTITLED  TO  USE
 ACCRUED VACATION TIME TOWARD THE PAYMENT OF STUDENT LOANS.
   2.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY EMPLOYEES
 SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT AS OF THE EFFECTIVE DATE OF
 THIS SECTION. AN  EMPLOYEE  ORGANIZATION  MAY,  PURSUANT  TO  COLLECTIVE
 BARGAINING,  OPT IN TO THE PROVISIONS OF THIS SECTION ON BEHALF OF THOSE
 PUBLIC EMPLOYEES IT IS EITHER  CERTIFIED  OR  RECOGNIZED  TO  REPRESENT,
 WITHIN  THE MEANING OF ARTICLE FOURTEEN OF THIS CHAPTER, OR MAY ALTERNA-
 TIVELY BARGAIN FOR BENEFITS GREATER OR LESS THAN THOSE PROVIDED  FOR  BY
 THIS  SECTION.  AN  EMPLOYEE  ORGANIZATION  THAT  HAS  OPTED  IN  TO THE
 PROVISIONS OF THIS SECTION MAY, PURSUANT TO COLLECTIVE  BARGAINING,  OPT
 OUT  OF  IT AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION
 AND ANY PUBLIC EMPLOYER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02871-01-3
 A. 1998                             2
              

 
   3. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
 INFRINGE  OR  DIMINISH  THE RIGHTS AND BENEFITS THAT ACCRUE TO EMPLOYEES
 AND EMPLOYERS THROUGH COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE
 DIMINISH THE INTEGRITY OF THE COLLECTIVE BARGAINING RELATIONSHIP.
   4. FOR THE PURPOSES OF THIS SECTION:
   A. "STUDENT LOAN" SHALL MEAN ANY LOAN TO A BORROWER TO FINANCE POSTSE-
 CONDARY EDUCATION OR EXPENSES RELATED TO POSTSECONDARY EDUCATION.
   B.  "FEDERAL  STUDENT LOAN" MEANS (I) ANY STUDENT LOAN ISSUED PURSUANT
 TO THE WILLIAM D. FORD FEDERAL DIRECT LOAN  PROGRAM;  (II)  ANY  STUDENT
 LOAN ISSUED PURSUANT TO THE FEDERAL FAMILY EDUCATION LOAN PROGRAM, WHICH
 WAS  PURCHASED  BY  THE  GOVERNMENT OF THE UNITED STATES PURSUANT TO THE
 FEDERAL ENSURING CONTINUED ACCESS TO STUDENT LOANS ACT AND IS  PRESENTLY
 OWNED  BY  THE  GOVERNMENT  OF  THE  UNITED  STATES; AND (III) ANY OTHER
 STUDENT LOAN ISSUED PURSUANT TO A FEDERAL PROGRAM THAT IS IDENTIFIED  BY
 THE SUPERINTENDENT AS A "FEDERAL STUDENT LOAN" IN A REGULATION.
   5.  THE PRESIDENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
 FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.