Bill Text: NY A02858 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Increases the amount of money a retiree may earn in a position of public service in the year 2020 and thereafter to $35,000.

Spectrum: Slight Partisan Bill (Democrat 60-31)

Status: (Passed) 2019-12-06 - SIGNED CHAP.589 [A02858 Detail]

Download: New_York-2019-A02858-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2858--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced by M. of A. McDONALD, BICHOTTE, BRABENEC, COOK, CROUCH, GOTT-
          FRIED,  GUNTHER, JAFFEE, RIVERA, STIRPE, PICHARDO, ENGLEBRIGHT, DiPIE-
          TRO, LUPARDO, SANTABARBARA, WOERNER, THIELE, CUSICK, BYRNE, MORINELLO,
          BLAKE, VANEL, FAHY, FRIEND, ROZIC, BENEDETTO,  RICHARDSON,  MONTESANO,
          JOYNER,  NORRIS,  GLICK, WILLIAMS, ABINANTI, BRAUNSTEIN, GALEF, JONES,
          D'URSO, LENTOL, CYMBROWITZ, ORTIZ, BARRON,  SOLAGES,  LAWRENCE,  McDO-
          NOUGH,  MOSLEY,  WALLACE,  LIFTON,  O'DONNELL,  D. ROSENTHAL,  ARROYO,
          PALUMBO, GIGLIO, BLANKENBUSH, GARBARINO,  B. MILLER,  CAHILL,  DAVILA,
          COLTON, GOODELL, STERN, RAIA, WRIGHT, TAYLOR, SAYEGH, BYRNES, SMULLEN,
          RA, GRIFFIN -- Multi-Sponsored by -- M. of A. BARCLAY, BUCHWALD, CRES-
          PO,  DenDEKKER,  EPSTEIN, FITZPATRICK, HAWLEY, JEAN-PIERRE, MANKTELOW,
          PALMESANO, SIMON, STEC, TAGUE -- read once and referred to the Commit-
          tee on Governmental Employees -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the retirement and social security law, in relation to
          increasing the retiree earnings cap
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 2 of section 212 of the retirement and social
     2  security law, as amended by chapter 74 of the laws of 2006,  is  amended
     3  to read as follows:
     4    2.  The earning limitations for retired persons in positions of public
     5  service under this section shall be in  accordance  with  the  following
     6  table:
     7          For the year                               Earnings limitation
     8          1996                                       $12,500
     9          1997                                       $13,500
    10          1998                                       $14,500
    11          1999                                       $15,500
    12          2000                                       $17,000
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00537-04-9

        A. 2858--A                          2
     1          2001                                       $18,500
     2          2002                                       $20,000
     3          2003                                       $25,000
     4          2004                                       $27,500
     5          2005 and 2006                              $27,500
     6          2007 [and thereafter] through 2019         $30,000
     7          2020 and thereafter                        $35,000
     8    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would amend subdivision 2 of section 212 of the Retirement
        and Social Security Law to increase the earnings limitation for  retired
        members  in  positions  of public employment to $35,000 for the calendar
        year 2020 and thereafter. The earnings limitation for the calendar  year
        2019 is $30,000.
          The  annual  cost  to  the  employers of members of the New York State
        Teachers' Retirement System is estimated to be negligible if  this  bill
        is enacted.
          Member  data  is  from  the  System's  most recent actuarial valuation
        files, consisting of data provided by the employers  to  the  Retirement
        System.   Data distributions and statistics can be found in the System's
        Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
        reported  in the System's financial statements, and can also be found in
        the CAFR. Actuarial assumptions and methods are provided in the System's
        Actuarial Valuation Report.
          The source of this estimate is Fiscal Note 2019-9  dated  January  15,
        2019  prepared by the Actuary of the New York State Teachers' Retirement
        System and is intended for use only during the 2019 Legislative Session.
        I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
        Retirement  System.  I  am a member of the American Academy of Actuaries
        and I meet the Qualification Standards of the American Academy of  Actu-
        aries to render the actuarial opinion contained herein.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill will amend Section 212 of the Retirement and Social Security
        Law  to  set  the  amount a retired person may earn in public employment
        without reduction in retirement allowance during the year 2020 and ther-
        eafter to $35,000.
          If this bill is enacted during the 2019 legislative  session,  insofar
        as  it  would  affect the New York State and Local Employees' Retirement
        System and the New York State  and  Local  Police  and  Fire  Retirement
        System,  the resulting 16.7% increase over the current $30,000 limit, in
        place since 2007, is less than the increase in the consumer price  index
        over  the  same  period  and  thus would not affect retirement patterns.
        Therefore, the annual cost is estimated to be negligible.
          Summary of relevant resources:
          The membership data used in  measuring  the  impact  of  the  proposed
        change  was  the same as that used in the March 31, 2018 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2018
        Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2015,
        2016,  2017  and  2018  Annual  Report  to  the Comptroller on Actuarial
        Assumptions, and the Codes, Rules and Regulations of the  State  of  New
        York: Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2018
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.

        A. 2858--A                          3
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated  January  23,  2019,  and intended for use only
        during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-34,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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