Bill Text: NY S05406 | 2013-2014 | General Assembly | Amended

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Bill Title: Permits deferral of vacation days for certain members of the retirement system.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-29 - PRINT NUMBER 5406A [S05406 Detail]

Download: New_York-2013-S05406-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5406--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
         accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to amend the retirement and social security law, in relation to
         the deferral of vacation days for certain members  of  the  retirement
         system
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 89 of the retirement and  social  security  law  is
    2  amended by adding a new subdivision l to read as follows:
    3    L.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
    4  LAW, CODE, RESOLUTION OR CHARTER TO  THE  CONTRARY,  UNIFORMED  PERSONS,
    5  UNIFORMED  PERSONNEL,  OR  SECURITY  HOSPITAL  TREATMENT  ASSISTANTS  AS
    6  DEFINED IN SUBDIVISION I OF THIS SECTION SHALL BE AFFORDED THE OPTION OF
    7  POSTPONING THE USE OF UP TO FIVE VACATION DAYS PER  YEAR  AND  TAKING  A
    8  MONETARY PAYMENT IN LIEU THEREOF. SUCH PAYMENT SHALL BE MADE ON THE DATE
    9  OF SUCH MEMBER'S RETIREMENT, SEPARATION FROM SERVICE, OR ON THE DATE THE
   10  MEMBER  BECOMES  INELIGIBLE  TO  RECEIVE  THE  BENEFITS PROVIDED BY THIS
   11  SECTION BY REASON OF TERMINATION, TRANSFER TO A DIFFERENT TITLE  OR  FOR
   12  ANY  OTHER  REASON  WHICH  WOULD OTHERWISE DEEM THE MEMBER INELIGIBLE TO
   13  RECEIVE SUCH BENEFITS.   SUCH PAYMENT SHALL BE  MADE  AT  THE  PAY  RATE
   14  APPLICABLE  TO SUCH MEMBER ON THE DATE OF SUCH MEMBER'S RETIREMENT OR ON
   15  THE DATE SUCH MEMBER BECOMES INELIGIBLE TO RECEIVE THE BENEFITS PROVIDED
   16  BY THIS SECTION BY REASON OF SEPARATION OF SERVICE, TERMINATION,  TRANS-
   17  FER  TO A DIFFERENT TITLE OR FOR ANY OTHER REASON. SUCH MONETARY PAYMENT
   18  SHALL NOT BE UTILIZED IN THE DETERMINATION OF FINAL AVERAGE  SALARY  FOR
   19  ANY SUCH MEMBER WHO SO ELECTS TO POSTPONE VACATION DAYS PURSUANT TO THIS
   20  SUBDIVISION.  ANY  SUCH  MEMBER  WISHING TO POSTPONE THE USE OF VACATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09077-02-4
       S. 5406--A                          2
    1  DAYS PURSUANT TO THIS SUBDIVISION SHALL ELECT SUCH  POSTPONEMENT  ON  AN
    2  ANNUAL  BASIS  BY  CERTIFYING TO THE DIRECTOR OF PERSONNEL OF HIS OR HER
    3  RESPECTIVE EMPLOYER OF HIS OR HER INTENTION TO DO SO IN SUCH MANNER  AND
    4  FORM AS THE RESPECTIVE DIRECTOR SHALL SO REQUIRE.
    5    S 2. This act shall take effect immediately.