Relates to certain members who re-enter public service

47 Co-sponsors

• James S. Alesi
• Darrel J. Aubertine
• John J. Bonacic
• Neil D. Breslin
• John A. DeFrancisco
• Ruben Diaz
• Martin Malavé Dilan
• Pedro Espada Jr.
• Hugh T. Farley
• John J. Flanagan
• Brian X. Foley
• Charles J. Fuschillo Jr.
• Martin J. Golden
• Joseph A. Griffo
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Craig M. Johnson
• Owen H. Johnson
• Jeffrey D. Klein
• Liz Krueger
• Andrew J. Lanza
• William J. Larkin Jr.
• Kenneth P. LaValle
• Tom Libous
• Betty Little
• Carl L. Marcellino
• George D. Maziarz
• Roy J. McDonald
• Velmanette Montgomery
• Michael F. Nozzolio
• George Onorato
• Suzi Oppenheimer
• Frank Padavan
• Michael H. Ranzenhofer
• Joseph E. Robach
• John L. Sampson
• José M. Serrano
• James L. Seward
• Dean G. Skelos
• William T. Stachowski
• Toby Ann Stavisky
• Andrea Stewart-Cousins
• Antoine M. Thompson
• David J. Valesky
• Dale M. Volker
• George Winner
• Catharine Young

Title of bill

An act to amend the retirement and social security law, in relation to certain members who re-enter public service

Purpose

This bill seeks to reinstate the remaining public employees who lost their tier membership due to family care giving responsibilities. By moving the effective date of Chapter 640 to January 1, 1989, this bill will reinstate the remainder of the retirement system members who were deprived of their membership in superior pension plans due to the break in the service rules.

Summary of provisions

This bill amends subdivisions 2 and 4 of section 645 of the retirement and social security law.

Justification

This bill gives New York State the opportunity to correct a long-standing inequity at a moderate cost. In 1998, the Governor signed a law reinstating New York State and City active teachers to their original pension system tier membership. In 1999, pursuant to S5944, the Governor signed a law expanding the reinstatement to all active public employees.

In the Governor's press release, he affirmed the importance of righting the inequity done to thousands of public employees who were forced out of their jobs and pension plan due to pregnancy and family care giving responsibilities. Each member who was reinstated forfeited any claim to a return of the contributions they had made to the retirement systems while they were members of lesser tiers. However, reinstated members were refunded the amounts that they had paid to the retirement systems for prior service credit purchases. This bill pertains to a very limited and definable number of retirement system members. Public employees before 1973 were assured by pension system representatives that they could leave and return to work without effect on their benefits. For example, a New York State teacher who left teaching, generally for reasons related to the female work pattern i.e. childbirth and attending to small children, stayed out beyond the "break in service" period, and returned to find themselves in a lesser pension plan. Had they been properly informed, they could have taught as little as twenty days in any one year within the five year period and remained in Tier 1 when they returned to full time teaching. The average teacher lost between $9,000 and $11,000 per year in pension benefits and the right to retire at age 55 instead of 62 without penalty. It is unlikely that any members of the police and fire pension systems will be eligible because so few women were members in the 1960's and early 70's. As to the New York City teachers pension plan, the vast majority of teachers that left for care giving responsibilities were protected by the generous New York City maternity rules.

Legislative history

2008-07: S.4447-A Passed Senate 2006: S.3518-C Passed Senate 2005: S.3518 Referred to Rules 2004-03: S.3039 Referred to Civil Service 2002-01: S.2172 Referred to Civil Service 2000-1999: S.6127 Referred to Civil Service

Fiscal implications

See Fiscal Note.

Effective date

This act shall take effect immediately but shall only apply to persons alive as of the effective date of this act and shall apply to payments made on or after the effective date of this act.