Bill Text: NY A07249 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to member contribution per centum increases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-08 - print number 7249a [A07249 Detail]

Download: New_York-2019-A07249-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7249--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     April 18, 2019
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on  Governmental  Employees -- recommitted to the Committee on Govern-
          mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee

        AN ACT to amend the retirement and social security law and the education
          law, in relation to member contribution per centum increases

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs 1, 2, 3, 4 and 5 of subdivision a of section 517
     2  of the retirement and social security law, as added by chapter 18 of the
     3  laws of 2012, are amended to read as follows:
     4    1. members with wages of forty-five thousand dollars per annum or less
     5  shall contribute three per centum of annual wages.  On  April  one,  two
     6  thousand  twenty-one,  and  every  year  thereafter,  the  wages in this
     7  subparagraph shall be increased by three per centum;
     8    2. members with wages greater than forty-five thousand per annum,  but
     9  not  more  than fifty-five thousand per annum shall contribute three and
    10  one-half per centum of annual wages. On April one, two thousand  twenty-
    11  one,  and every year thereafter, the wages in this subparagraph shall be
    12  increased by three per centum;
    13    3. members with wages greater than fifty-five thousand per annum,  but
    14  not  more than seventy-five thousand per annum shall contribute four and
    15  one-half per centum of annual wages. On April one, two thousand  twenty-
    16  one,  and every year thereafter, the wages in this subparagraph shall be
    17  increased by three per centum;
    18    4. members with wages greater than seventy-five thousand per annum but
    19  not more than one hundred thousand per annum shall contribute  five  and
    20  three-quarters  per  centum  of annual wages. On April one, two thousand
    21  twenty-one, and every year thereafter, the wages  in  this  subparagraph
    22  shall be increased by three per centum; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11081-05-0

        A. 7249--A                          2

     1    5.  members  with  wages  greater  than one hundred thousand per annum
     2  shall contribute six per centum of annual wages. On April one, two thou-
     3  sand twenty-one, and every year thereafter, the wages in  this  subpara-
     4  graph shall be increased by three per centum.
     5    §  2.  Subparagraphs  (i), (ii), (iii), (iv) and (v) of paragraph 1 of
     6  subdivision a, subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph
     7  2 of subdivision a, paragraphs 1, 2, 3, 4 and 5  of  subdivision  f  and
     8  paragraphs  1,  2,  3,  4  and  5 of subdivision g of section 613 of the
     9  retirement and social security law, subparagraphs (i), (ii), (iii), (iv)
    10  and (v) of paragraph 1 and subparagraphs (i), (ii), (iii), (iv) and  (v)
    11  of paragraph 2 of subdivision a as amended by chapter 510 of the laws of
    12  2015  and paragraphs 1, 2, 3, 4 and 5 of subdivision f and paragraphs 1,
    13  2, 3, 4 and 5 of subdivision g as added by chapter 18  of  the  laws  of
    14  2012, are amended to read as follows:
    15    (i)  members  with  wages  of forty-five thousand dollars per annum or
    16  less shall contribute three per centum of annual wages.  On  April  one,
    17  two  thousand  twenty-one,  and every year thereafter, the wages in this
    18  subparagraph shall be increased by three per centum;
    19    (ii) members with wages greater than forty-five  thousand  per  annum,
    20  but  not  more than fifty-five thousand per annum shall contribute three
    21  and one-half per centum of annual wages.  On  April  one,  two  thousand
    22  twenty-one,  and  every  year thereafter, the wages in this subparagraph
    23  shall be increased by three per centum;
    24    (iii) members with wages greater than fifty-five thousand  per  annum,
    25  but  not more than seventy-five thousand per annum shall contribute four
    26  and one-half per centum of annual wages.  On  April  one,  two  thousand
    27  twenty-one,  and  every  year thereafter, the wages in this subparagraph
    28  shall be increased by three per centum;
    29    (iv) members with wages greater than seventy-five thousand  per  annum
    30  but  not  more than one hundred thousand per annum shall contribute five
    31  and three-quarters per centum of annual wages. On April one,  two  thou-
    32  sand  twenty-one,  and every year thereafter, the wages in this subpara-
    33  graph shall be increased by three per centum; and
    34    (v) members with wages greater than one  hundred  thousand  per  annum
    35  shall contribute six per centum of annual wages. On April one, two thou-
    36  sand  twenty-one,  and every year thereafter, the wages in this subpara-
    37  graph shall be increased by three per centum.
    38    (i) members with wages of forty-five thousand  dollars  per  annum  or
    39  less  shall  contribute  three per centum of annual wages. On April one,
    40  two thousand twenty-one, and every year thereafter, the  wages  in  this
    41  subparagraph shall be increased by three per centum;
    42    (ii)  members  with  wages greater than forty-five thousand per annum,
    43  but not more than fifty-five thousand per annum shall  contribute  three
    44  and  one-half  per  centum  of  annual wages. On April one, two thousand
    45  twenty-one, and every year thereafter, the wages  in  this  subparagraph
    46  shall be increased by three per centum;
    47    (iii)  members  with wages greater than fifty-five thousand per annum,
    48  but not more than seventy-five thousand per annum shall contribute  four
    49  and  one-half  per  centum  of  annual wages. On April one, two thousand
    50  twenty-one, and every year thereafter, the wages  in  this  subparagraph
    51  shall be increased by three per centum;
    52    (iv)  members  with wages greater than seventy-five thousand per annum
    53  but not more than one hundred thousand per annum shall  contribute  five
    54  and  three-quarters  per centum of annual wages. On April one, two thou-
    55  sand twenty-one, and every year thereafter, the wages in  this  subpara-
    56  graph shall be increased by three per centum; and

        A. 7249--A                          3

     1    (v)  members  with  wages  greater than one hundred thousand per annum
     2  shall contribute six per centum of annual wages. On April one, two thou-
     3  sand twenty-one, and every year thereafter, the wages in  this  subpara-
     4  graph shall be increased by three per centum.
     5    1. members with wages of forty-five thousand dollars per annum or less
     6  shall  contribute  three  per  centum of annual wages. On April one, two
     7  thousand twenty-one, and  every  year  thereafter,  the  wages  in  this
     8  subparagraph shall be increased by three per centum;
     9    2.  members with wages greater than forty-five thousand per annum, but
    10  not more than fifty-five thousand per annum shall contribute  three  and
    11  one-half  per centum of annual wages. On April one, two thousand twenty-
    12  one, and every year thereafter, the wages in this subparagraph shall  be
    13  increased by three per centum;
    14    3.  members with wages greater than fifty-five thousand per annum, but
    15  not more than seventy-five thousand per annum shall contribute four  and
    16  one-half  per centum of annual wages. On April one, two thousand twenty-
    17  one, and every year thereafter, the wages in this subparagraph shall  be
    18  increased by three per centum;
    19    4. members with wages greater than seventy-five thousand per annum but
    20  not  more  than one hundred thousand per annum shall contribute five and
    21  three-quarters per centum of annual wages. On April  one,  two  thousand
    22  twenty-one,  and  every  year thereafter, the wages in this subparagraph
    23  shall be increased by three per centum; and
    24    5. members with wages greater than  one  hundred  thousand  per  annum
    25  shall contribute six per centum of annual wages. On April one, two thou-
    26  sand  twenty-one,  and every year thereafter, the wages in this subpara-
    27  graph shall be increased by three per centum.
    28    1. members with wages of forty-five thousand dollars per annum or less
    29  shall contribute three per centum of annual  wages.  On  July  one,  two
    30  thousand  twenty-one,  and  every  year  thereafter,  the  wages in this
    31  subparagraph shall be increased by three per centum;
    32    2. members with wages greater than forty-five thousand per annum,  but
    33  not  more  than fifty-five thousand per annum shall contribute three and
    34  one-half per centum of annual wages. On July one, two  thousand  twenty-
    35  one,  and every year thereafter, the wages in this subparagraph shall be
    36  increased by three per centum;
    37    3. members with wages greater than fifty-five thousand per annum,  but
    38  not  more than seventy-five thousand per annum shall contribute four and
    39  one-half per centum of annual wages. On July one, two  thousand  twenty-
    40  one,  and every year thereafter, the wages in this subparagraph shall be
    41  increased by three per centum;
    42    4. members with wages greater than seventy-five thousand per annum but
    43  not more than one hundred thousand per annum shall contribute  five  and
    44  three-quarters  per  centum  of  annual wages. On July one, two thousand
    45  twenty-one, and every year thereafter, the wages  in  this  subparagraph
    46  shall be increased by three per centum; and
    47    5.  members  with  wages  greater  than one hundred thousand per annum
    48  shall contribute six per centum of annual wages. On July one, two  thou-
    49  sand  twenty-one,  and every year thereafter, the wages in this subpara-
    50  graph shall be increased by three per centum.
    51    § 3. Subdivisions a, b, c, d and e of section 1204 of  the  retirement
    52  and social security law, as added by chapter 18 of the laws of 2012, are
    53  amended to read as follows:
    54    a. members with wages of forty-five thousand dollars per annum or less
    55  shall  contribute  three  per  centum of annual wages. On April one, two

        A. 7249--A                          4

     1  thousand twenty-one, and every year thereafter, the wages in this subdi-
     2  vision shall be increased by three per centum;
     3    b.  members with wages greater than forty-five thousand per annum, but
     4  not more than fifty-five thousand per annum shall contribute  three  and
     5  one-half  per centum of annual wages. On April one, two thousand twenty-
     6  one, and every year thereafter, the wages in this subdivision  shall  be
     7  increased by three per centum;
     8    c.  members with wages greater than fifty-five thousand per annum, but
     9  not more than seventy-five thousand per annum shall contribute four  and
    10  one-half  per centum of annual wages. On April one, two thousand twenty-
    11  one, and every year thereafter, the wages in this subdivision  shall  be
    12  increased by three per centum;
    13    d. members with wages greater than seventy-five thousand per annum but
    14  not  more  than one hundred thousand per annum shall contribute five and
    15  three-quarters per centum of annual wages. On April  one,  two  thousand
    16  twenty-one,  and  every  year  thereafter, the wages in this subdivision
    17  shall be increased by three per centum; and
    18    e. members with wages greater than  one  hundred  thousand  per  annum
    19  shall contribute six per centum of annual wages. On April one, two thou-
    20  sand  twenty-one,  and every year thereafter, the wages in this subdivi-
    21  sion shall be increased by three per centum.
    22    § 4. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
    23  182 of the education law, as added by chapter 18 of the  laws  of  2012,
    24  are amended to read as follows:
    25    (a)  members  with  wages  of forty-five thousand dollars per annum or
    26  less shall contribute three per centum of annual wages.  On  April  one,
    27  two  thousand  twenty-one,  and every year thereafter, the wages in this
    28  paragraph shall be increased by three per centum;
    29    (b) members with wages greater than forty-five thousand per annum, but
    30  not more than fifty-five thousand per annum shall contribute  three  and
    31  one-half  per centum of annual wages. On April one, two thousand twenty-
    32  one, and every year thereafter, the wages in  this  paragraph  shall  be
    33  increased by three per centum;
    34    (c) members with wages greater than fifty-five thousand per annum, but
    35  not  more than seventy-five thousand per annum shall contribute four and
    36  one-half per centum of annual wages. On April one, two thousand  twenty-
    37  one,  and  every  year  thereafter, the wages in this paragraph shall be
    38  increased by three per centum;
    39    (d) members with wages greater than seventy-five  thousand  per  annum
    40  but  not  more than one hundred thousand per annum shall contribute five
    41  and three-quarters per centum of annual wages. On April one,  two  thou-
    42  sand  twenty-one, and every year thereafter, the wages in this paragraph
    43  shall be increased by three per centum; and
    44    (e) members with wages greater than one  hundred  thousand  per  annum
    45  shall contribute six per centum of annual wages. On April one, two thou-
    46  sand  twenty-one, and every year thereafter, the wages in this paragraph
    47  shall be increased by three per centum.
    48    § 5. Subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph (d)  of
    49  subdivision  2  of section 392 of the education law, as added by chapter
    50  18 of the laws of 2012, are amended to read as follows:
    51    (i) members with wages of forty-five thousand  dollars  per  annum  or
    52  less shall contribute three per centum of annual wages. On July one, two
    53  thousand  twenty-one,  and  every  year  thereafter,  the  wages in this
    54  subparagraph shall be increased by three per centum;
    55    (ii) members with wages greater than forty-five  thousand  per  annum,
    56  but  not  more than fifty-five thousand per annum shall contribute three

        A. 7249--A                          5

     1  and one-half per centum of annual wages. On July one, two thousand twen-
     2  ty-one, and every year thereafter, the wages in this subparagraph  shall
     3  be increased by three per centum;
     4    (iii)  members  with wages greater than fifty-five thousand per annum,
     5  but not more than seventy-five thousand per annum shall contribute  four
     6  and one-half per centum of annual wages. On July one, two thousand twen-
     7  ty-one,  and every year thereafter, the wages in this subparagraph shall
     8  be increased by three per centum;
     9    (iv) members with wages greater than seventy-five thousand  per  annum
    10  but  not  more than one hundred thousand per annum shall contribute five
    11  and three-quarters per centum of annual wages. On July one, two thousand
    12  twenty-one, and every year thereafter, the wages  in  this  subparagraph
    13  shall be increased by three per centum; and
    14    (v)  members  with  wages  greater than one hundred thousand per annum
    15  shall contribute six per centum of annual wages. On July one, two  thou-
    16  sand  twenty-one,  and every year thereafter, the wages in this subpara-
    17  graph shall be increased by three per centum.
    18    § 6. Subparagraphs 1, 2, 3, 4 and 5 of paragraph (d) of subdivision  2
    19  of section 6252 of the education law, as added by chapter 18 of the laws
    20  of 2012, are amended to read as follows:
    21    (1)  members  with  wages  of forty-five thousand dollars per annum or
    22  less shall contribute three per centum of annual wages. On July one, two
    23  thousand twenty-one, and  every  year  thereafter,  the  wages  in  this
    24  subparagraph shall be increased by three per centum;
    25    (2) members with wages greater than forty-five thousand per annum, but
    26  not  more  than fifty-five thousand per annum shall contribute three and
    27  one-half per centum of annual wages. On July one, two  thousand  twenty-
    28  one,  and every year thereafter, the wages in this subparagraph shall be
    29  increased by three per centum;
    30    (3) members with wages greater than fifty-five thousand per annum, but
    31  not more than seventy-five thousand per annum shall contribute four  and
    32  one-half  per  centum of annual wages. On July one, two thousand twenty-
    33  one, and every year thereafter, the wages in  this  paragraph  shall  be
    34  increased by three per centum;
    35    (4)  members  with  wages greater than seventy-five thousand per annum
    36  but not more than one hundred thousand per annum shall  contribute  five
    37  and three-quarters per centum of annual wages. On July one, two thousand
    38  twenty-one, and every year thereafter, the wages in this paragraph shall
    39  be increased by three per centum; and
    40    (5)  members  with  wages  greater than one hundred thousand per annum
    41  shall contribute six per centum of annual wages. On July one, two  thou-
    42  sand  twenty-one, and every year thereafter, the wages in this paragraph
    43  shall be increased by three per centum.
    44    § 7. Notwithstanding any other provision of law to the contrary,  none
    45  of  the  provisions  of  this  act shall be subject to section 25 of the
    46  retirement and social security law.
    47    § 8. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would increase the wage ranges to which the 3%, 3.5%,  4.5%,
        5.75% and 6% contribution rates are applied for tier 6 members beginning
        on April 1, 2021 and every year thereafter by 3%.
          The current contribution rates and wage ranges are:
           3% for wages of $45,000 or less
           3.5% for wages greater than $45,000 and less than or equal to $55,000
           4.5% for wages greater than $55,000 and less than or equal to $75,000

        A. 7249--A                          6

           5.75%  for  wages  greater  than  $75,000  and  less than or equal to
           $100,000
           6.0% for wages greater than $100,000
          Insofar  as  this bill affects the New York State and Local Employees'
        Retirement System (NYSLERS), if this legislation is enacted  during  the
        2020 legislative session, there will be an increase in the present value
        of  future  costs of approximately $384 million which would be shared by
        the State of New York and all of  the  participating  employers  in  the
        NYSLERS.  The  estimated  first  year  cost would be approximately $18.9
        million to the State of New York and approximately $27.3 million to  the
        participating employers in the NYSLERS.
          Insofar  as  this bill affects the New York State and Local Police and
        Fire Retirement System (NYSLPFRS), if this legislation is enacted during
        the 2020 legislative session, there will be an increase in  the  present
        value  of  future  costs  of  approximately  $8.9 million which would be
        shared by the State of New York and all of the  participating  employers
        in  the  NYSLPFRS.  The estimated first year cost would be approximately
        $193,000 to the State of New York  and  approximately  $790,000  to  the
        participating employers in the NYSLPFRS.
          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, 2019  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2019
        Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017, 2018 and 2019 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, 2019
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          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 March 24, 2020, and intended for use only during
        the 2020 Legislative Session, is Fiscal Note No.  2020-88,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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