New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 357 - Service Credit For Tier 3 And 4 Members Of The New York State And Local Employees' Retirement System Who Are Receiving Workers' Compensation Benefits For Injuries Sustained In Employment With The State
Section 357.1 - Background

Amendments to section 209-a of the State Finance Law provide for differing rules for different groups of State employees with respect to eligibility for workers' compensation supplements. Under the law, certain employees will not be entitled to receive workers' compensation supplements, which are paid on the regular employee payroll, while other groups will be entitled to receive such supplements for specified periods of time. Certain employees who are not receiving such supplements are nonetheless entitled to retirement service credit for certain periods during which they are out of service and receiving workers' compensation benefits, and must pay any required member contributions for such credit. Section 209-a further provides that the Comptroller must promulgate regulations with respect to procedures for payment of member contributions by employees who are out of service and receiving workers' compensation benefits, and this Part is hereby promulgated to provide such procedures. Under the statutory scheme discussed above, it remains practicable for the retirement systems to collect required member contributions from employers on behalf of employees who receive supplements, in the form of payroll deductions. However, it is not possible for the retirement system to receive contributions in the form of payroll deductions with respect to employees who do not receive supplements while out on workers' compensation leave. Furthermore, it would be unduly financially burdensome for employees who do not receive supplements to be required to make member contributions before they return to paid service. Accordingly, this Part establishes different procedures for collection of member contributions with respect to employees who do and do not receive workers' compensation supplements from their employers while out of service and receiving workers' compensation benefits.