Bill Text: NY A08391 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the use of accrued vacation time toward student loan payments; defines terms; requires the president of the civil service commission to promulgate necessary rules and regulations.

Spectrum: Moderate Partisan Bill (Democrat 18-4)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A08391 Detail]

Download: New_York-2019-A08391-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8391

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- 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:

     1    Section 1. The civil service law is amended by adding  a  new  section
     2  159-c to read as follows:
     3    §  159-c.  Use of accrued vacation time towards student loan payments.
     4  1. Every public officer,  employee  of  this  state,  county,  community
     5  college,  public authority, public benefit corporation, board of cooper-
     6  ative educational services (BOCES), vocational education  and  extension
     7  board, school district enumerated in section one of chapter five hundred
     8  sixty-six  of  the  laws  of nineteen hundred sixty-seven, municipality,
     9  school district or participating employer in  the  New  York  state  and
    10  local  employees'  retirement  system or a participating employer in the
    11  New York state teachers' retirement system  shall  be  entitled  to  use
    12  accrued vacation time toward the payment of student loans.
    13    2.  The  provisions  of  this section shall not apply to any employees
    14  subject to a collective bargaining agreement as of the effective date of
    15  this section. An  employee  organization  may,  pursuant  to  collective
    16  bargaining,  opt in to the provisions of this section on behalf of those
    17  public employees it is either  certified  or  recognized  to  represent,
    18  within  the meaning of article fourteen of this chapter, or may alterna-
    19  tively bargain for benefits greater or less than those provided  for  by
    20  this  section.  An  employee  organization  that  has  opted  in  to the
    21  provisions of this section may, pursuant to collective  bargaining,  opt
    22  out  of  it as is mutually agreed upon between the employee organization
    23  and any public employer.
    24    3. Nothing set forth in this section shall  be  construed  to  impede,
    25  infringe  or  diminish  the rights and benefits that accrue to employees

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13227-01-9

        A. 8391                             2

     1  and employers through collective  bargaining  agreements,  or  otherwise
     2  diminish the integrity of the collective bargaining relationship.
     3    4. For the purposes of this section:
     4    a. "Student loan" shall mean any loan to a borrower to finance postse-
     5  condary education or expenses related to postsecondary education.
     6    b.  "Federal  student loan" means (i) any student loan issued pursuant
     7  to the William D. Ford Federal Direct Loan  Program;  (ii)  any  student
     8  loan issued pursuant to the Federal Family Education Loan Program, which
     9  was  purchased  by  the  government of the United States pursuant to the
    10  federal Ensuring Continued Access to Student Loans Act and is  presently
    11  owned  by  the  government  of  the  United  States; and (iii) any other
    12  student loan issued pursuant to a federal program that is identified  by
    13  the superintendent as a "federal student loan" in a regulation.
    14    5.  The president shall promulgate any rules and regulations necessary
    15  for the implementation of this section.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.
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