New York Senate Bill S02975 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2975 2023-2024 Regular Sessions  IN SENATE January 26, 2023 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to service credit for unpaid maternity leave for a Westchester county correction officer or deputy commissioner The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 89-e of the retirement and social security law is 2 amended by adding a new subdivision k to read as follows: 3 k. Notwithstanding any other provision of law to the contrary, an 4 active member whose tenure with Westchester county as a correction offi- 5 cer or deputy commissioner who has elected to participate in the plan 6 established pursuant to this section includes one or more unpaid mater- 7 nity or bonding leaves of absence for which such member did not receive 8 service credit, shall be eligible to purchase service credit for all 9 such leaves of absence up to a maximum of three years at a rate based 10 upon such member's salary immediately before such member commenced such 11 leave of absence, provided that (1) at the time of any such leave of 12 absence, such member was subject to the provisions of this section, (2) 13 such member elects to purchase service credit for such leaves of absence 14 by executing a periodic payroll deduction agreement, (3) such member has 15 at least five years of creditable service at the time that such member 16 executes such periodic payroll deduction agreement, and (4) such member 17 agrees to pay both the employer's share and the employee's share of the 18 cost for the period or periods of time being purchased. Such agreement 19 shall, for each leave of absence being purchased pursuant to this subdi- 20 vision, set forth the total cost of such credit, the employer's share of 21 such cost that will be paid by the member, and the number of payroll 22 periods in which such periodic payments shall be made. Such agreement 23 shall be irrevocable, shall not be subject to amendment or modification 24 in any manner, and shall expire only upon completion of payroll EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06975-01-3 
 S. 2975 2 1 deductions specified therein. Notwithstanding the foregoing, any member 2 who has entered into such a payroll deduction agreement and who termi- 3 nates employment prior to completion of the payments required therein 4 shall be credited with any service as to which such member shall have 5 paid the contributions required under the terms of such agreement. Any 6 service credited to a member pursuant to this subdivision shall be 7 deemed to be creditable service and shall be included in computing years 8 of total service for retirement pursuant to this section. 9 § 2. This act shall take effect immediately.