Bill Text: NY A07620 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to allowing certain members of the New York city police pension fund to receive a membership date in such pension fund attributable to service in the titles of police cadet program or police cadet program II.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2019-10-29 - SIGNED CHAP.431 [A07620 Detail]

Download: New_York-2019-A07620-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7620

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 14, 2019
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees

        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to allowing certain members  of  the  New  York  city  police
          pension  fund  to  receive service credit for their service in the New
          York city police department cadet program

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

     1    Section  1. Subdivision h of section 13-218 of the administrative code
     2  of the city of New York, as added by chapter 594 of the laws of 2000, is
     3  relettered subdivision i and a new subdivision j is  added  to  read  as
     4  follows:
     5    j.  (1)  Notwithstanding  any  provision  of law to the contrary, upon
     6  election, any member of the police pension fund, subchapter two of  this
     7  chapter  who is subject to article fourteen of the retirement and social
     8  security law, and served in the New York city  police  department  cadet
     9  program shall receive credit in such police pension fund, subchapter two
    10  of  this  chapter, for the period of service in the New York city police
    11  department cadet program. Any member who was not a member of the retire-
    12  ment system shall receive such credit by paying into the police  pension
    13  fund  additional  member  contributions plus interest, at a rate of five
    14  percent, which would have been paid or credited had such member  been  a
    15  member  of the police pension fund, subchapter two of this chapter, from
    16  his or her date of appointment as a  New  York  city  police  department
    17  cadet,  provided such payment is made within five years after the effec-
    18  tive date of this subdivision, or within five years  after  commencement
    19  of  membership  in  the  New York city police pension fund, whichever is
    20  later. Any such member who was a member of the New York city  employees'
    21  retirement  system  while serving in the New York city police department
    22  cadet program shall receive such credit in the police  pension  fund  by
    23  requesting a transfer of credit within five years after this subdivision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07917-03-9

        A. 7620                             2

     1  shall take effect, or within five years after commencement of membership
     2  in  the New York city police pension fund, whichever is later. Upon such
     3  request, the reserve on the benefits allowable to  such  member  as  the
     4  result  of  employer contributions, including the reserve-for-increased-
     5  take-home-pay, if any, and the accumulated deductions  of  such  member,
     6  shall thereupon be transferred from the New York city employees' retire-
     7  ment  system to the police pension fund within one year from the date of
     8  such request.
     9    (2) The period of such service transferred or  purchased  pursuant  to
    10  paragraph  one  of this subdivision shall be deemed to be service in the
    11  police force for purposes of eligibility for benefits and  to  determine
    12  the amounts of benefits under the police pension fund.
    13    (3)  Any  member  of  the  police pension fund, subchapter two of this
    14  chapter, who acquires service credit by reason of the provisions of this
    15  subdivision shall be entitled to all rights benefits and  privileges  to
    16  which  he or she would have been entitled had his or her current member-
    17  ship begun upon appointment as a New York city police department  cadet,
    18  as  well as any other right, benefit or entitlement of a similarly situ-
    19  ated member of  such  pension  fund  with  equal  total  service  credit
    20  consisting  only of service in the uniformed force of the police depart-
    21  ment.
    22    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          We have estimated the impact of the Cadet Bill, a  copy  of  which  is
        attached,  on  the  projected  employer  contributions.  The table below
        summarizes the resulting contributions by year.
        (in millions)
          Year                   Annual Cost
         2020                      7.0
         2021                      7.3
         2022                      7.6
         2023                      7.9
         2024                      8.2
        These estimates are based on headcounts, as summarized below:
                                  Open
          Year                   Competitive         Promotional
          2009                             5                 180
          2010                             3                 164
          2011                             1                  68
          2012                             1                  52
          2013                             0                  35
          2014                             2                  14
          2015                             5                  73
        2016 (partial year)                2                  22
          For the sake of projection, we assumed that from  2018  to  2022  (the
        time  period that impacts costs from 2020 to 2024), we would continue to
        see cadets enter the plan with past service. We assumed  for  each  year
        that  2 cadets would enter as Open Competitive hires and 50 cadets would
        enter through Promotional hire channels.
          We also assumed that Promotional hires would enter with 1.25 years  of
        past service on average and Open Competitive hires would have 0.83 years
        of  service,  which  is  2/3  of the amount of the Promotional hires. In
        addition, we had to make assumptions about the Tier Reinstatement Rates,
        as summarized in the table on the following page:
                  Tier Reinstatement
        Year           Percentage     Resulting Tier

        A. 7620                             3

        ________________________________________________________________________
        2009             100%         All Tier Reinstate to Tier 2
        2010             100%         All Tier Reinstate to Tier 2
        2011              50%         50% Tier Reinstate to Tier 2
                                        (7/1/2009 change date)
        2012             100%         All Tier Reinstate to Tier 3 Original
        2013             100%         All Tier Reinstate to Tier 3 Original
        2014              25%         25% Tier Reinstate to Tier 3 Original
                                        (4/1/2012 change date)
        2015+              0%         Tier 3 Enhanced

          Regarding  Tier Reinstatement, we assumed that all Tier 3 Original and
        Tier 3 Revised elected the Enhanced Benefits when the disability  legis-
        lation was put into place in 2017. Therefore, when reinstatement occurs,
        they will retain the election of the Enhanced benefits.
          The  assumptions  used in this analysis were those released by the New
        York City Office of the Actuary on January  2,  2019  in  the  "Proposed
        Changes in Actuarial Assumptions and Methods Used in Determining Employ-
        er  Contributions  for  Fiscal Years Beginning on and After July 1, 2018
        for the New York City Police Pension Fund"  document,  and  subsequently
        approved  by  the Police Pension Fund's Board on March 6, 2019. The data
        used to determine the cost was provided by the Police Pension  Fund  and
        was a snapshot of the active plan participants as of July 1, 2018.
          This fiscal note, dated April 4, 2019, is intended only for use in the
        2019 Legislative Session.
          The  source  of  this fiscal note is Heidi E. Andorfer, FSA, EA, MAAA,
        Foster & Foster, Actuaries and Consultants, who  is  familiar  with  the
        immediate  and  long-term  aspects of pension calculations and meets the
        Qualification Standards of the American Academy of  Actuaries  necessary
        to render the actuarial opinions contained herein.
feedback