Bill Text: NY A08607 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes Jonathan Grossman to apply for a recalculation of his retirement benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-12 - referred to governmental employees [A08607 Detail]

Download: New_York-2023-A08607-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8607

                   IN ASSEMBLY

                                    January 12, 2024
                                       ___________

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

        AN ACT authorizing Jonathan Grossman to apply for a recalculation of his
          retirement benefits

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

     1    Section 1. Notwithstanding any provision of law to the contrary, Jona-
     2  than Grossman, who joined the New York city teachers' retirement  system
     3  as  a  Tier I member on January 1, 1972, who retired from such system on
     4  September 28, 2010, and who for reasons not ascribable to his own negli-
     5  gence had his retirement benefits calculated without the inclusion of  a
     6  lump  sum  payment  for  accumulated vacation, shall have his retirement
     7  benefits recalculated with such lump sum  payments,  including  interest
     8  accruing  from  the  date of retirement, if he shall file an application
     9  therefor with the state comptroller on or before one year of the  effec-
    10  tive date of this act.
    11    § 2. All past service costs of implementing the provisions of this act
    12  shall be borne by the city of New York.
    13    § 3. This act shall take effect immediately.

          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This  proposed  legislation would allow Jonathan Grossman, a
        retired Tier 1 member of the New York City Teachers'  Retirement  System
        (TRS)  to  have his retirement benefits recalculated to include his lump
        sum payment for accumulated vacation in the  calculation  of  his  final
        average salary.

                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                        by Fiscal Year for the first 25 years ($)

                            Year               TRS
                            2025                 0
                            2026           342,000
                            2027                 0

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06773-02-4

        A. 8607                             2

                            2028                 0
                            2029                 0
                            2030                 0
                            2031                 0
                            2032                 0
                            2033                 0
                            2034                 0
                            2035                 0
                            2036                 0
                            2037                 0
                            2038                 0
                            2039                 0
                            2040                 0
                            2041                 0
                            2042                 0
                            2043                 0
                            2044                 0
                            2045                 0
                            2046                 0
                            2047                 0
                            2048                 0
                            2049

          The entire initial increase in employer contributions of $342,000 will
        be allocated to New York City.

                  EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                                   as of June 30, 2024

                  Present Value (PV)                     TRS
                  PV of Benefits:                    $ 309,000
                  PV of Employee Contributions:              0
                  PV of Employer Contributions:        309,000
                  Unfunded Accrued Liabilities:        309,000

                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

                                                        TRS
                  Number of Payments:                    1
                  Fiscal Year of Last Payment:          2026
                  Amortization Payment:              $ 342,000

          Since  Mr. Grossman is retired and collecting a pension, and therefore
        has no remaining working  lifetime,  the  entire  increase  in  Unfunded
        Accrued Liabilities would be recognized immediately.
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30,  2023.  The  census  data  for  the
        impacted population is summarized below.

                                                     TRS
                  Receiving Members
                  - Number Count:                       1
                  - Average Age:                     76.0

          BACKGROUND:  Mr.  Grossman retired as a Tier 1 TRS member on September
        28, 2010. He  currently  receives  an  annual  retirement  allowance  of

        A. 8607                             3

        $103,495  per  year under the 50% Joint and Survivor with Pop-Up payment
        option.
          If  the  proposed  legislation  is  passed,  Mr. Grossman's retirement
        allowance would be recalculated to include in his final average salary a
        lump sum payment he received for unused vacation time, which is a  bene-
        fit that is generally not afforded to TRS retirees. The additional cost,
        less any required member contributions paid by Mr. Grossman, to fund the
        increased  retirement allowance associated with the proposed legislation
        would be paid by the City of New York.
          Tier 1 TRS members  are  generally  permitted  to  take  an  actuarial
        reduction  of  their  retirement  allowance  to  account for deficits in
        member contributions. For purposes of this fiscal note,  it  is  assumed
        that Mr.  Grossman would not pay any owed member contributions resulting
        from  the  recalculation.  Based  on  this assumption and application of
        other Tier 1 benefit calculation provisions, it is  estimated  that  Mr.
        Grossman's  annual retirement allowance would increase to $114,514. This
        annual increase would apply prospectively as well as retroactively, less
        any payments previously made, to Mr. Grossman's September 28, 2010  date
        of retirement.
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the actuarial assumptions and methods to be used for
        the Preliminary Fiscal Year 2025 employer contributions of the  impacted
        retirement systems.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the  impacted population and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky  are members of the Society of Actuaries and the American Academy of
        Actuaries. We are members of NYCERS but do not believe  it  impairs  our
        objectivity  and  we  meet  the  Qualification Standards of the American
        Academy of Actuaries to render the actuarial opinion  contained  herein.
        To  the  best  of  our knowledge, the results contained herein have been
        prepared in accordance with generally accepted actuarial principles  and
        procedures  and  with  the Actuarial Standards of Practice issued by the
        Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-01 dated January  5,
        2024  was prepared by the Chief Actuary for the New York City Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
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