Grants a retroactive parity payment to certain management and confidential retirees who retired between April 1, 2009 and March 31, 2015, not to exceed $5,000.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5864
SPONSOR: Fahy
 
TITLE OF BILL:
An act to amend the civil service law, in relation to granting a retro-
active parity payment to certain management and confidential retirees
 
PURPOSE OR GENERAL IDEA OF BILL:
Grants a retroactive parity payment to certain management and confiden-
tial retirees
 
SUMMARY OF PROVISIONS:
Section 1 adds new section 137 to the civil service law, which provides
for a rebate payment to certain employees designated managerial or
confidential and retired between April 1, 2009 and March 31, 2015 and
had an authorized salary increase that was withheld.
Section 2 sets the effective date.
 
JUSTIFICATION:
During the 2008 recession, management confidential employees (M/Cs) had
their authorized salary increases withheld by the state in an effort to
reduce expenditures.
While many M/Cs ultimately received their withheld pay raises, thousands
of M/Cs retired during the withheld period" and thus were denied this
rightful benefit. This measure provides a rebate to those management
confidential employees that retired after having salary increases with-
held for 2009 and/or 2010. New York saved over $450,000 million in sala-
ries and fringe benefits from the withholding of salary increases for
2019 and 2010. No more than 4,000 eligible retirees are expected to take
advantage of this rebate.
While this measure does not wholly recover those lost wages, it is only
fair to restore some of the lost value of the withheld salaries.
 
PRIOR LEGISLATIVE HISTORY:
A2462 2019-20
A4885 2021-22
 
FISCAL IMPLICATIONS:
For the 4/1/2009-3/31/2015 period the NYS Division of the Budget
utilized an average M/C annual salary of $72,000. Using data and service
records from New York State and Local Employees Retirement System there
were 2608 M/C retirees whose salary restoration through this proposal
would cost approximately $6.5 million. The total. cost for this proposal
is estimated at $9 million.
 
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5864
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to granting a retro-
active parity payment to certain management and confidential retirees
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
2 137 to read as follows:
3 § 137. Management and confidential retiree parity payment. Notwith-
4 standing any provision of law, rule or regulation to the contrary, any
5 retiree who served in a position or positions in the classified service
6 of the state designated managerial or confidential pursuant to article
7 fourteen of this chapter and who retired between April first, two thou-
8 sand nine and March thirty-first, two thousand fifteen, and had a salary
9 increase authorized under chapter ten of the laws of two thousand eight
10 which was withheld for state fiscal years two thousand nine and/or two
11 thousand ten shall receive a seventy dollar rebate payment for every
12 month of withholding from April first, two thousand nine until such
13 retiree's date of retirement or March thirty-first, two thousand
14 fifteen, whichever is earlier, not to exceed a total of five thousand
15 dollars. The comptroller shall certify to the division of the budget a
16 listing of all such retirees deemed eligible pursuant to this section.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10111-01-3