Implements a provision in a collective bargaining agreement between the state university construction fund and an employee organization relating to unused sick leave

Title of bill

An act to amend the retirement and social security law, in relation to implementing a provision in a collective bargaining agreement between the state university construction fund and an employee organization relating to unused sick leave and retirement service credit

Purpose

Implements a provision from a collective bargaining agreement between SUNY construction fund and its employees

Summary of provisions

§ 1 - amends section 41j of the Retirement and Social Security Law to permit employees of the State University Construction Fund to use up to two hundred days of accumulated unused sick leave for retirement service credit.

§2 - provides that all past service costs shall be borne by the SUNY construction fund and may be amortized over a five year period.

§3 - provides for an effective date April 1, 2003 to implement a provision in the collective bargaining agreement between the State University Construction Fund and the CSEA local that represents the Fund's bargaining unit employees.

Existing law

Currently, the maximum is 165 days for these covered employees.

Justification

Under section 41(j)(1) of the Retirement and Social Security Law, a member of a public retirement system may, upon retirement, receive an additional day's pension credit for each day of accumulated unused sick leave, to a maximum of 165 days.

Under chapters 103, part A and 419 of the laws of 2004, executive branch M/C employees or an employee in a position listed in the various state negotiating units may use up to 200 days of accumulated unused sick leave for a pension credit. These chapters of the Laws of 2004 were enacted to implement the collective bargaining agreements that the State reached with its unions for the agreements which covered the period April 1, 2003 through March 31, 2007. The State University Construction Fund entered into a collective bargaining agreement with its bargaining unit employees for the same period of time which also permitted its employees to use up to a maximum of 200 days of accumulated unused sick leave for retirement service credit. Through oversight, the Fund was not included in the legislation that amended section 410)(1) of the Retirement and Social Security Law to implement the change that was agreed to in the collective bargaining agreements.

In 2005, the Legislature again amended section 410)(1) of the Retirement and Social Security Law to include employees of the Dormitory Authority, the Thruway Authority and the Canal Corporation in order to implement the ability to use up to a maximum of 200 such days for pension credit that is contained in their collective bargaining agreements. This bill would put Fund employees, in regard to the maximum number of sick days that can be used for retirement service credit, on par with State and some public authority employees.

Legislative history

2008 Session: A.11627/S.8577 - passed Assembly

Fiscal implications

If this bill is enacted, there will be a total past service cost of approximately $21,300 which would be borne by the New York State University Construction Fund. If this cost is amortized over a period of 5 years, the cost for the first year, including interest, would be approximately $4,940. In addition to the past service cost, there could be future increases in the annual contributions of the New York State University Construction Fund.

Effective date

Retroactively to April 1, 2003 to implement the provision contained in the collective bargaining agreement.