Bill Text: NY A02785 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the retirement and social security law, the education law and the administrative code of the city of New York, in relation to providing cost-of-living adjustments

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental employees [A02785 Detail]

Download: New_York-2009-A02785-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2785
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced  by  M.  of  A.  ABBATE,  BENEDETTO, BOYLAND, CAHILL, COLTON,
         DelMONTE, McENENY, ORTIZ, WEISENBERG -- Multi-Sponsored by -- M. of A.
         AUBRY, CHRISTENSEN, CLARK, GREENE, JOHN,  PERRY,  PHEFFER,  J. RIVERA,
         N. RIVERA, SWEENEY, WEINSTEIN -- read once and referred to the Commit-
         tee on Governmental Employees
       AN  ACT  to  amend the retirement and social security law, the education
         law and the administrative code of the city of New York,  in  relation
         to providing cost-of-living adjustments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision a of section 78-a of the retirement and  social
    2  security law, as added by chapter 125 of the laws of 2000, is amended to
    3  read as follows:
    4    a.  [A]  EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND NINE, A
    5  cost-of-living adjustment shall be payable on the basis provided for  in
    6  this  section  to:  (i) all pensioners who have attained age [sixty-two]
    7  FIFTY-FIVE and have been retired for five years;  (ii)  [all  pensioners
    8  who  have  attained  age fifty-five and have been retired for ten years;
    9  (iii)] all disability pensioners regardless of age who have been retired
   10  for five years; and [(iv)] (III) all recipients of an  accidental  death
   11  benefit  regardless of age who have been receiving such benefit for five
   12  years.
   13    S 2. Subdivision a of section 378-a of the retirement and social secu-
   14  rity law, as added by chapter 125 of the laws of  2000,  is  amended  to
   15  read as follows:
   16    a.  [A]  EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND NINE, A
   17  cost-of-living adjustment shall be payable on the basis provided for  in
   18  this  section  to:  (i) all pensioners who have attained age [sixty-two]
   19  FIFTY-FIVE and have been retired for five years; AND (ii) [all  pension-
   20  ers  who  have  attained  age  fifty-five  and have been retired for ten
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05600-01-9
       A. 2785                             2
    1  years; and (iii)] all disability pensioners regardless of age  who  have
    2  been retired for five years.
    3    S  3. Subdivision a of section 532-a of the education law, as added by
    4  chapter 125 of the laws of 2000, is amended to read as follows:
    5    a. [A] EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND  NINE,  A
    6  cost-of-living  adjustment shall be payable on the basis provided for in
    7  this section to: (i) all pensioners who have  attained  age  [sixty-two]
    8  FIFTY-FIVE  and  have  been retired for five years; (ii) [all pensioners
    9  who have attained age fifty-five and have been retired  for  ten  years;
   10  (iii)] all disability pensioners regardless of age who have been retired
   11  for  five  years; and [(iv)] (III) all recipients of an accidental death
   12  benefit regardless of age who have been receiving such benefit for  five
   13  years.
   14    S 4. Subdivision a of section 13-696 of the administrative code of the
   15  city  of  New  York,  as  amended by chapter 288 of the laws of 2001, is
   16  amended to read as follows:
   17    a. [A] EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND  NINE,  A
   18  cost-of-living adjustment shall be payable to retired members of the New
   19  York  city  employees'  retirement  system,  the New York city teachers'
   20  retirement system, the New York city police pension fund, the  New  York
   21  city  fire department pension fund, the New York city board of education
   22  retirement system or the relief and pension fund of  the  department  of
   23  street  cleaning  provided  for in subchapter one of this chapter on the
   24  basis provided for in this section to: (i) all retired members who  have
   25  attained  age  [sixty-two]  FIFTY-FIVE  and  have  been retired for five
   26  years; (ii) [all retired members who have attained  age  fifty-five  and
   27  have  been  retired  for  ten  years; (iii)] all members who retired for
   28  disability regardless of age who have been retired for five  years;  and
   29  [(iv)] (III) all recipients of an accidental death benefit regardless of
   30  age who have been receiving such benefit for five years.
   31    S 5. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill  would  provide an increase in the defined benefit cost-of-
       living adjustment (COLA) for New York public retirement systems.  Start-
       ing with a payment in September 2009 COLA will be payable to  pensioners
       who have attained age fifty-five and been retired at least five years.
         Insofar  as  this bill affects the New York State and Local Employees'
       Retirement System and the New York  State  and  Local  Police  and  Fire
       Retirement System, if this bill were enacted there would be an estimated
       first  year  cost of approximately $27 million to the State of New York,
       $36 million to participating employers in the New York State  and  Local
       Employees'  Retirement  System  and  $6.5  million  to the participating
       employers in the New York State and Local  Police  and  Fire  Retirement
       System.
         This  estimate,  dated  December  22,  2008  and intended for use only
       during the  2009  Legislative  Session,  is  Fiscal  Note  No.  2009-13,
       prepared  by  the  Actuary  for  the New York State and Local Employees'
       Retirement System and the New York  State  and  Local  Police  and  Fire
       Retirement System.
feedback