Bill Text: NY A09527 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that retirement contributions of certain public employees shall be three per centum of annual wages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-20 - referred to governmental employees [A09527 Detail]
Download: New_York-2023-A09527-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9527 IN ASSEMBLY March 20, 2024 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees AN ACT to amend the retirement and social security law and the education law, in relation to the retirement contributions of career public employees 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 517 of the retirement and social 2 security law, as amended by chapter 18 of the laws of 2012, the second 3 undesignated paragraph as amended by section 1 of part SS of chapter 56 4 of the laws of 2022, is amended to read as follows: 5 a. Members shall contribute three percent of annual wages to the 6 retirement system in which they have membership, provided that such 7 contributions shall not be required for more than thirty years, for 8 general members, or twenty-five years, for police/fire members, [except9that beginning April first, two thousand thirteen for members who first10become members of the New York state and local employees' retirement11system on or after April first, two thousand twelve, the rate at which12each such member shall contribute in any current plan year (April first13to March thirty-first) shall be determined by reference to the wages of14such member in the second plan year (April first to March thirty-first)15preceding such current plan year as follows:161. members with wages of forty-five thousand dollars per annum or less17shall contribute three per centum of annual wages;182. members with wages greater than forty-five thousand per annum, but19not more than fifty-five thousand per annum shall contribute three and20one-half per centum of annual wages;213. members with wages greater than fifty-five thousand per annum, but22not more than seventy-five thousand per annum shall contribute four and23one-half per centum of annual wages;244. members with wages greater than seventy-five thousand per annum but25not more than one hundred thousand per annum shall contribute five and26three-quarters per centum of annual wages; andEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14515-04-4A. 9527 2 15. members with wages greater than one hundred thousand per annum2shall contribute six per centum of annual wages.3Notwithstanding the foregoing, during each of the first three plan4years (April first to March thirty-first) in which such member has5established membership in the New York state and local employees'6retirement system, such member shall contribute a percentage of annual7wages in accordance with the preceding schedule based upon a projection8of annual wages provided by the employer. Notwithstanding the foregoing,9when determining the rate at which each such member who became a member10of the New York state and local employees' retirement system on or after11April first, two thousand twelve shall contribute for any plan year12(April first to March thirty-first) between April first, two thousand13twenty-two and April first, two thousand twenty-four, such rate shall be14determined by reference to employees annual base wages of such member in15the second plan year (April first to March thirty-first) preceding such16current plan year] except that beginning on and after April first, two 17 thousand twenty-four, for members who joined the New York state and 18 local employees' retirement system on or after April first, two thousand 19 twelve, the contributions in any current plan year (April first to March 20 thirty-first) shall be determined by reference to the base wages of such 21 member as of April first in the previous plan year as follows: 22 1. members with base wages of seventy-five thousand dollars per annum 23 or less shall contribute three per centum of annual wages; 24 2. members with base wages greater than seventy-five thousand per 25 annum, but not more than one hundred thousand per annum shall contribute 26 four per centum of annual wages; and 27 3. members with base wages greater than one hundred thousand per annum 28 shall contribute five per centum of annual wages. 29 Notwithstanding the foregoing, in the first year in which a member has 30 established membership in the New York state and local employees' 31 retirement system, such member shall contribute a percentage of annual 32 wages in accordance with the preceding schedule based upon a projection 33 of annual wages provided by the employer. Base wages shall include regu- 34 lar pay, shift differential pay, location pay, and any increased hiring 35 rate pay, but shall not include any overtime payments. 36 The head of each retirement system shall promulgate such regulations 37 as may be necessary and appropriate with respect to the deduction of 38 such contribution from members' wages and for the maintenance of any 39 special fund or funds with respect to amounts so contributed. 40 § 2. Paragraphs 1 and 2 of subdivision a of section 613 of the retire- 41 ment and social security law, as amended by chapter 510 of the laws of 42 2015, the second undesignated paragraphs of paragraphs 1 and 2 as 43 amended by section 2 of part SS of chapter 56 of the laws of 2022, are 44 amended to read as follows: 45 1. Except as provided by paragraph two of this subdivision, members 46 shall contribute three percent of annual wages to the retirement system 47 in which they have membership, [except that beginning April first, two48thousand thirteen for members who first become members of a public49retirement system of the state on or after April first, two thousand50twelve, the rate at which each such member shall contribute in any51current plan year (April first to March thirty-first, except for members52of the New York city employees' retirement system, New York city teach-53ers' retirement system and New York city board of education retirement54system, plan year shall mean January first through December thirty-first55commencing with the January first next succeeding the effective date of56the chapter of the laws of two thousand fifteen that amended this para-A. 9527 3 1graph) shall be determined by reference to the wages of such member in2the second plan year (April first to March thirty-first, except for3members of the New York city employees' retirement system, New York city4teachers' retirement system and New York city board of education retire-5ment system, plan year shall mean January first through December thir-6ty-first commencing with the January first next succeeding the effective7date of the chapter of the laws of two thousand fifteen that amended8this paragraph) preceding such current plan year as follows:9(i) members with wages of forty-five thousand dollars per annum or10less shall contribute three per centum of annual wages;11(ii) members with wages greater than forty-five thousand per annum,12but not more than fifty-five thousand per annum shall contribute three13and one-half per centum of annual wages;14(iii) members with wages greater than fifty-five thousand per annum,15but not more than seventy-five thousand per annum shall contribute four16and one-half per centum of annual wages;17(iv) members with wages greater than seventy-five thousand per annum18but not more than one hundred thousand per annum shall contribute five19and three-quarters per centum of annual wages; and20(v) members with wages greater than one hundred thousand per annum21shall contribute six per centum of annual wages.22Notwithstanding the foregoing, during each of the first three plan23years (April first to March thirty-first, except for members of New York24city employees' retirement system, New York city teachers' retirement25system and New York city board of education retirement system, plan year26shall mean January first through December thirty-first commencing with27the January first next succeeding the effective date of chapter five28hundred ten of the laws of two thousand fifteen) in which such member29has established membership in a public retirement system of the state,30such member shall contribute a percentage of annual wages in accordance31with the preceding schedule based upon a projection of annual wages32provided by the employer. Notwithstanding the foregoing, when determin-33ing the rate at which each such member who became a member of the New34York state and local employees' retirement system, New York city employ-35ees' retirement system, New York city teachers' retirement system and36New York city board of education retirement system, on or after April37first, two thousand twelve shall contribute for any plan year (April38first to March thirty-first, except for members of the New York city39employees' retirement system, New York city teachers' retirement system40and New York city board of education retirement system, plan year shall41mean January first through December thirty-first commencing with January42first next succeeding the effective date of chapter five hundred ten of43the laws of two thousand fifteen) between April first, two thousand44twenty-two and April first, two thousand twenty-four, such rate shall be45determined by reference to employees annual base wages of such member in46the second plan year (April first to March thirty-first) preceding such47current plan year] except that beginning on and after April first, two 48 thousand twenty-four, for members of a public retirement system of the 49 state who joined on or after April first, two thousand twelve, the 50 contributions in any current plan year (April first to March thirty- 51 first, except for members of New York city employees' retirement system, 52 New York city teachers' retirement system and New York city board of 53 education retirement system, plan year shall mean January first through 54 December thirty-first) shall be determined by reference to the base 55 wages of such member as of April first (except for members of New York 56 city employees' retirement system, New York city teachers' retirementA. 9527 4 1 system and New York city board of education retirement system, the 2 contributions of members in any plan year shall be determined by refer- 3 ence to the base wages of such member as of December thirty-first) in 4 the previous plan year as follows: 5 1. members with base wages of seventy-five thousand dollars per annum 6 or less shall contribute three per centum of annual wages; 7 2. members with base wages greater than seventy-five thousand per 8 annum, but not more than one hundred thousand per annum shall contribute 9 four per centum of annual wages; and 10 3. members with base wages greater than one hundred thousand per annum 11 shall contribute five per centum of annual wages. 12 Notwithstanding the foregoing, in the first year in which a member has 13 established membership in a public retirement system of the state, such 14 member shall contribute a percentage of annual wages in accordance with 15 the preceding schedule based upon a projection of annual wages provided 16 by the employer. Base wages shall include regular pay, shift differen- 17 tial pay, location pay, and any increased hiring rate pay, but shall not 18 include any overtime payments or compensation earned for extracurricular 19 programs or any other pensionable earnings paid in addition to the annu- 20 al base wages. 21 The head of each retirement system shall promulgate such regulations 22 as may be necessary and appropriate with respect to the deduction of 23 such contribution from members' wages and for the maintenance of any 24 special fund or funds with respect to amounts so contributed. 25 2. A member of the New York city employees' retirement system who is 26 eligible to be a participant in the twenty-five-year and age fifty-five 27 retirement program, as defined by paragraph five of subdivision a of 28 section six hundred four-b of this article shall contribute two percent 29 of annual wages to such system effective on the starting date of the 30 elimination of additional member contributions, as defined in an 31 election made pursuant to paragraph ten of subdivision e of section six 32 hundred four-b of this article, [except that beginning April first, two33thousand thirteen for members who first become members of the New York34city employees' retirement system on or after April first, two thousand35twelve, the rate at which each such member shall contribute in any36current plan year (April first to March thirty-first, provided, however,37that plan year shall mean January first through December thirty-first38commencing with the January first next succeeding the effective date of39the chapter of the laws of two thousand fifteen that amended this para-40graph) shall be determined by reference to the wages of such member in41the second plan year (April first to March thirty-first, provided,42however, that plan year shall mean January first through December thir-43ty-first commencing with the January first next succeeding the effective44date of the chapter of the laws of two thousand fifteen that amended45this paragraph) preceding such current plan year as follows:46(i) members with wages of forty-five thousand dollars per annum or47less shall contribute three per centum of annual wages;48(ii) members with wages greater than forty-five thousand per annum,49but not more than fifty-five thousand per annum shall contribute three50and one-half per centum of annual wages;51(iii) members with wages greater than fifty-five thousand per annum,52but not more than seventy-five thousand per annum shall contribute four53and one-half per centum of annual wages;54(iv) members with wages greater than seventy-five thousand per annum55but not more than one hundred thousand per annum shall contribute five56and three-quarters per centum of annual wages; andA. 9527 5 1(v) members with wages greater than one hundred thousand per annum2shall contribute six per centum of annual wages.3Notwithstanding the foregoing, during each of the first three plan4years (April first to March thirty-first, provided, however, that plan5year shall mean January first through December thirty-first commencing6with the January first next succeeding the effective date of chapter7five hundred ten of the laws of two thousand fifteen) in which such8member has established membership in the New York city employees'9retirement system, such member shall contribute a percentage of annual10wages in accordance with the preceding schedule based upon a projection11of annual wages provided by the employer. Notwithstanding the foregoing,12when determining the rate at which each such member who became a member13of, New York city employees' retirement system, on or after April first,14two thousand twelve shall contribute for any plan year (April first to15March thirty-first, provided, however, that plan year shall mean January16first through December thirty-first commencing with the January first17next succeeding the effective date of chapter five hundred ten of the18laws of two thousand fifteen) between April first, two thousand twenty-19two and April first, two thousand twenty-four, such rate shall be deter-20mined by reference to employees annual base wages of such member in the21second plan year (April first to March thirty-first) preceding such22current plan year] except that beginning on and after April first, two 23 thousand twenty-four, for members of New York city employees' retirement 24 system who joined on or after April first, two thousand twelve, the 25 contributions in any current plan year (April first to March thirty- 26 first) shall be determined by reference to the base wages of such member 27 as of April first in the previous plan year as follows: 28 1. members with base wages of seventy-five thousand dollars per annum 29 or less shall contribute three per centum of annual wages; 30 2. members with base wages greater than seventy-five thousand per 31 annum, but not more than one hundred thousand per annum shall contribute 32 four per centum of annual wages; and 33 3. members with base wages greater than one hundred thousand per annum 34 shall contribute five per centum of annual wages. 35 Notwithstanding the foregoing, in the first year in which a member has 36 established membership in the New York city employees' retirement 37 system, such member shall contribute a percentage of annual wages in 38 accordance with the preceding schedule based upon a projection of annual 39 wages provided by the employer. Base wages shall include regular pay, 40 shift differential pay, location pay, and any increased hiring rate pay, 41 but shall not include any overtime payments. 42 § 3. Subdivisions f and g of section 613 of the retirement and social 43 security law, as amended by chapter 18 of the laws of 2012, and the 44 second undesignated paragraphs of subdivisions f and g as amended by 45 section 2 of part SS of chapter 56 of the laws of 2022, are amended to 46 read as follows: 47 f. Anything in subdivision a of this section to the contrary notwith- 48 standing a member employed as a uniformed court officer or peace officer 49 in the unified court system who first joins the New York state and local 50 employees' retirement system on or after January first, two thousand ten 51 shall contribute four percent of annual wages to the New York state and 52 local employees' retirement system, [except that beginning April first,53two thousand thirteen for members who first become members of the New54York state and local employees' retirement system on or after April55first, two thousand twelve, the rate at which each such member shall56contribute in any current plan year (April first to March thirty-first)A. 9527 6 1shall be determined by reference to the wages of such member in the2second plan year (April first to March thirty-first) preceding such3current plan year as follows:41. members with wages of forty-five thousand dollars per annum or less5shall contribute three per centum of annual wages;62. members with wages greater than forty-five thousand per annum, but7not more than fifty-five thousand per annum shall contribute three and8one-half per centum of annual wages;93. members with wages greater than fifty-five thousand per annum, but10not more than seventy-five thousand per annum shall contribute four and11one-half per centum of annual wages;124. members with wages greater than seventy-five thousand per annum but13not more than one hundred thousand per annum shall contribute five and14three-quarters per centum of annual wages; and155. members with wages greater than one hundred thousand per annum16shall contribute six per centum of annual wages.17Notwithstanding the foregoing, during each of the first three plan18years (April first to March thirty-first) in which such member has19established membership in the New York state and local employees'20retirement system, such member shall contribute a percentage of annual21wages in accordance with the preceding schedule based upon a projection22of annual wages provided by the employer. Notwithstanding the foregoing,23when determining the rate at which each such member who became a member24of the New York state and local employees' retirement system on or after25April first, two thousand twelve shall contribute for any plan year26(April first to March thirty-first) between April first, two thousand27twenty-two and April first, two thousand twenty-four, such rate shall be28determined by reference to employees annual base wages of such member in29the second plan year (April first to March thirty-first) preceding such30current plan year] except that beginning on and after April first, two 31 thousand twenty-four, for members employed as a uniformed court officer 32 or peace officer in the unified court system who first join the New York 33 state and local employees' retirement system on or after April first, 34 two thousand twelve, the contributions in any current plan year (April 35 first to March thirty-first) shall be determined by reference to the 36 base wages of such member as of April first in the previous plan year as 37 follows: 38 1. members with wages of seventy-five thousand dollars per annum or 39 less shall contribute three per centum of annual wages; 40 2. members with wages greater than seventy-five thousand per annum, 41 but not more than one hundred thousand per annum shall contribute four 42 per centum of annual wages; and 43 3. members with wages greater than one hundred thousand per annum 44 shall contribute five per centum of annual wages. 45 Notwithstanding the foregoing, in the first year in which a member has 46 established membership in a public retirement system, such member shall 47 contribute a percentage of annual wages in accordance with the preceding 48 schedule based upon a projection of annual wages provided by the employ- 49 er. Base wages shall include regular pay, shift differential pay, 50 location pay, and any increased hiring rate pay, but shall not include 51 any overtime payments. 52 The head of the New York state and local employees' retirement system 53 shall promulgate such regulations as may be necessary and appropriate 54 with respect to the deduction of such contribution from members' wages 55 and for the maintenance of any special fund or funds with respect to 56 amounts so contributed.A. 9527 7 1 g. Members who first join the New York state teachers' retirement 2 system on or after January first, two thousand ten shall contribute 3 three and one-half percent of annual wages to the New York state teach- 4 ers' retirement system, [except that beginning April first, two thousand5thirteen for members who first become members of the New York state6teachers' retirement system on or after April first, two thousand7twelve, the rate at which each such member shall contribute in any8current plan year (July first to June thirtieth) shall be determined by9reference to the wages of such member in the second plan year (July10first to June thirtieth) preceding such current plan year as follows:111. members with wages of forty-five thousand dollars per annum or less12shall contribute three per centum of annual wages;132. members with wages greater than forty-five thousand per annum, but14not more than fifty-five thousand per annum shall contribute three and15one-half per centum of annual wages;163. members with wages greater than fifty-five thousand per annum, but17not more than seventy-five thousand per annum shall contribute four and18one-half per centum of annual wages;194. members with wages greater than seventy-five thousand per annum but20not more than one hundred thousand per annum shall contribute five and21three-quarters per centum of annual wages; and225. members with wages greater than one hundred thousand per annum23shall contribute six per centum of annual wages.24Notwithstanding the foregoing, during each of the first three plan25years (July first to June thirtieth) in which such member has estab-26lished membership in the New York state teachers' retirement system,27such member shall contribute a percentage of annual wages in accordance28with the preceding schedule based upon a projection of annual wages29provided by the employer. Notwithstanding the foregoing, when determin-30ing the contribution rate at which a member of the New York state teach-31ers' retirement system with a date of membership on or after April32first, two thousand twelve shall contribute for plan years (July first33to June thirtieth) between July first, two thousand twenty-two and July34first, two thousand twenty-four, such rate shall be determined by refer-35ence to the member's annual base wages in the second plan year (July36first to June thirtieth) preceding such current plan year] except that 37 beginning on and after April first, two thousand twenty-four, for 38 members who first joined the New York state teachers' retirement system 39 on or after April first, two thousand twelve, the contribution in any 40 current plan year (April first to March thirty-first) shall be deter- 41 mined by reference to the base wages of such member as of April first in 42 the previous plan year as follows: 43 1. members with wages of seventy-five thousand dollars per annum or 44 less shall contribute three per centum of annual wages; 45 2. members with wages greater than seventy-five thousand per annum, 46 but not more than one hundred thousand per annum shall contribute four 47 per centum of annual wages; and 48 3. members with wages greater than one hundred thousand per annum 49 shall contribute five per centum of annual wages. 50 Notwithstanding the foregoing, in the first year in which a member has 51 established membership in the New York state teachers' retirement 52 system, such member shall contribute a percentage of annual wages in 53 accordance with the preceding schedule based upon a projection of annual 54 wages provided by the employer. Annual base wages shall not include 55 compensation earned for extracurricular programs or any other pensiona- 56 ble earnings paid in addition to the annual base wages.A. 9527 8 1 The head of the New York state teachers' retirement system shall 2 promulgate such regulations as may be necessary and appropriate with 3 respect to the deduction of such contribution from members' wages and 4 for the maintenance of any special fund or funds with respect to amounts 5 so contributed. 6 § 4. Section 1204 of the retirement and social security law, as 7 amended by chapter 18 of the laws of 2012, the second undesignated para- 8 graph as amended by section 3 of part SS of chapter 56 of the laws of 9 2022, is amended to read as follows: 10 § 1204. Member contributions. Members who are subject to the 11 provisions of this article shall contribute three percent of annual 12 wages to the retirement system in which they have membership, [except13that beginning April first, two thousand thirteen for members who first14become members of the New York state and local police and fire retire-15ment system on or after April first, two thousand twelve, the rate at16which each such member shall contribute in any current plan year (April17first to March thirty-first) shall be determined by reference to the18wages of such member in the second plan year (April first to March thir-19ty-first) preceding such current plan year as follows:20a. members with wages of forty-five thousand dollars per annum or less21shall contribute three per centum of annual wages;22b. members with wages greater than forty-five thousand per annum, but23not more than fifty-five thousand per annum shall contribute three and24one-half per centum of annual wages;25c. members with wages greater than fifty-five thousand per annum, but26not more than seventy-five thousand per annum shall contribute four and27one-half per centum of annual wages;28d. members with wages greater than seventy-five thousand per annum but29not more than one hundred thousand per annum shall contribute five and30three-quarters per centum of annual wages; and31e. members with wages greater than one hundred thousand per annum32shall contribute six per centum of annual wages.33Notwithstanding the foregoing, during each of the first three plan34years (April first to March thirty-first) in which such member has35established membership in the New York state and local police and fire36retirement system, such member shall contribute a percentage of annual37wages in accordance with the preceding schedule based upon a projection38of annual wages provided by the employer. Notwithstanding the foregoing,39when determining the rate at which each such member who became a member40of the New York state and local police and fire retirement system on or41after April first, two thousand twelve shall contribute for any plan42year (April first to March thirty-first) between April first, two thou-43sand twenty-two and April first, two thousand twenty-four, such rate44shall be determined by reference to employees annual base wages of such45member in the second plan year (April first to March thirty-first)46preceding such current plan year] except that beginning on and after 47 April first, two thousand twenty-four, for members of the New York state 48 and local police and fire retirement system who first joined on or after 49 April first, two thousand twelve, the contribution in any current plan 50 year (April first to March thirty-first) shall be determined by refer- 51 ence to the base wages of such member as of April first in the previous 52 plan year as follows: 53 1. members with wages of seventy-five thousand dollars per annum or 54 less shall contribute three per centum of annual wages;A. 9527 9 1 2. members with wages greater than seventy-five thousand per annum, 2 but not more than one hundred thousand per annum shall contribute four 3 per centum of annual wages; and 4 3. members with wages greater than one hundred thousand per annum 5 shall contribute five per centum of annual wages. 6 Notwithstanding the foregoing, in the first year in which a member has 7 established membership in the New York state and local police and fire 8 retirement system, such member shall contribute a percentage of annual 9 wages in accordance with the preceding schedule based upon a projection 10 of annual wages provided by the employer. Base wages shall include regu- 11 lar pay, shift differential pay, location pay, and any increased hiring 12 rate pay, but shall not include any overtime payments. Effective April 13 first, two thousand twelve, all members subject to the provisions of 14 this article shall not be required to make member contributions on annu- 15 al wages excluded from the calculation of final average salary pursuant 16 to section twelve hundred three of this article. Nothing in this 17 section, however, shall be construed or deemed to allow members to 18 receive a refund of any member contributions on such wages paid prior to 19 April first, two thousand twelve. 20 Members who are enrolled in a retirement plan that limits the amount 21 of creditable service a member can accrue shall not be required to make 22 contributions pursuant to this section after accruing the maximum amount 23 of service credit allowed by the retirement plan in which they are 24 enrolled. The state comptroller shall promulgate such regulations as may 25 be necessary and appropriate with respect to the deduction of such 26 contribution from members' wages and for the maintenance of any special 27 fund or funds with respect to amounts so contributed. In no way shall 28 the member contributions made pursuant to this section be used to 29 provide for pension increases or annuities of any kind. 30 § 5. Subdivision 2 of section 182 of the education law, as amended by 31 chapter 18 of the laws of 2012, is amended to read as follows: 32 2. Employee contributions. In the case of any electing employee, 33 contributions at the rate of three per centum of his state salary shall 34 be deducted by the state comptroller as the employee contribution, 35 provided however, that such employee contribution shall be made by the 36 state in accordance with subdivision one of this section during such 37 period as (a) either section seventy-a of the retirement and social 38 security law or section five hundred twenty-eight of this title provides 39 that the contribution of each member of the New York state employees' 40 retirement system or the New York state teachers' retirement system in 41 the employ of the state shall be reduced by at least eight per centum of 42 his compensation, or (b) employee contributions to either such system 43 are no longer required by reason of such system becoming noncontributory 44 for state employees. 45 Notwithstanding any other law to the contrary, [beginning April first,46two thousand thirteen any electing employee appointed on or after April47first, two thousand twelve, the rate at which each such employee shall48contribute in any current plan year (January first to December thirty-49first) shall be determined by reference to the wages of such member in50the second plan year (January first to December thirty-first) preceding51such current plan year as follows:52(a) members with wages of forty-five thousand dollars per annum or53less shall contribute three per centum of annual wages;54(b) members with wages greater than forty-five thousand per annum, but55not more than fifty-five thousand per annum shall contribute three and56one-half per centum of annual wages;A. 9527 10 1(c) members with wages greater than fifty-five thousand per annum, but2not more than seventy-five thousand per annum shall contribute four and3one-half per centum of annual wages;4(d) members with wages greater than seventy-five thousand per annum5but not more than one hundred thousand per annum shall contribute five6and three-quarters per centum of annual wages; and7(e) members with wages greater than one hundred thousand per annum8shall contribute six per centum of annual wages.9Notwithstanding the foregoing, during each of the first three plan10years (January first to December thirty-first) in which such member has11established membership in the Education Department Optional Retirement12Program, such employee shall contribute a percent of annual wages in13accordance with the preceding schedule based upon a projection of annual14wages provided by the employer] beginning April first, two thousand 15 twenty-four, for any electing employee of the Education Department 16 Optional Retirement Program appointed on or after April first, two thou- 17 sand twelve, the contributions in the current plan year (April first to 18 March thirty-first) shall be determined by reference to the base wages 19 of such member as of April first in the previous plan year as follows: 20 (a) members with wages of seventy-five thousand dollars per annum or 21 less shall contribute three per centum of annual wages; 22 (b) members with wages greater than seventy-five thousand per annum, 23 but not more than one hundred thousand per annum shall contribute four 24 per centum of annual wages; and 25 (c) members with wages greater than one hundred thousand per annum 26 shall contribute five per centum of annual wages. 27 Notwithstanding the foregoing, in the first year in which a member has 28 established membership in the Education Department Optional Retirement 29 Program, such member shall contribute a percentage of annual wages in 30 accordance with the preceding schedule based upon a projection of annual 31 wages provided by the employer. 32 § 6. Paragraph (d) of subdivision 2 of section 392 of the education 33 law, as added by chapter 18 of the laws of 2012, is amended to read as 34 follows: 35 (d) Notwithstanding any other law to the contrary, [beginning April36first, two thousand thirteen any electing employee appointed on or after37April first, two thousand twelve, the rate at which each such employee38shall contribute in any current plan year (January first to December39thirty-first) shall be determined by reference to the wages of such40member in the second plan year (January first to December thirty-first)41preceding such current plan year as follows:42(i) members with wages of forty-five thousand dollars per annum or43less shall contribute three per centum of annual wages;44(ii) members with wages greater than forty-five thousand per annum,45but not more than fifty-five thousand per annum shall contribute three46and one-half per centum of annual wages;47(iii) members with wages greater than fifty-five thousand per annum,48but not more than seventy-five thousand per annum shall contribute four49and one-half per centum of annual wages;50(iv) members with wages greater than seventy-five thousand per annum51but not more than one hundred thousand per annum shall contribute five52and three-quarters per centum of annual wages; and53(v) members with wages greater than one hundred thousand per annum54shall contribute six per centum of annual wages.55Notwithstanding the foregoing, during each of the first three plan56years (January first to December thirty-first) in which such member hasA. 9527 11 1established membership in the State University Optional Retirement2Program, such employee shall contribute a percent of annual wages in3accordance with the preceding schedule based upon a projection of annual4wages provided by the employer] beginning on and after April first, two 5 thousand twenty-four, for any electing employee of the State University 6 Optional Retirement Program appointed on or after April first, two thou- 7 sand twelve, the contributions in the current plan year (April first to 8 March thirty-first) shall be determined by reference to the base wages 9 of such member as of April first in the previous plan year as follows: 10 (i) members with wages of seventy-five thousand dollars per annum or 11 less shall contribute three per centum of annual wages; 12 (ii) members with wages greater than seventy-five thousand per annum, 13 but not more than one hundred thousand per annum shall contribute four 14 per centum of annual wages; and 15 (iii) members with wages greater than one hundred thousand per annum 16 shall contribute five per centum of annual wages. 17 (iv) Notwithstanding the foregoing, in the first year in which a 18 member has established membership in the State University Optional 19 Retirement Program, such member shall contribute a percentage of annual 20 wages in accordance with the preceding schedule based upon a projection 21 of annual wages provided by the employer. 22 § 7. Paragraph (d) of subdivision 2 of section 6252 of the education 23 law, as added by chapter 18 of the laws of 2012, is amended to read as 24 follows: 25 (d) Notwithstanding any other law to the contrary, [beginning April26first, two thousand thirteen any electing employee appointed on or after27April first, two thousand twelve, the rate at which each such employee28shall contribute in any current plan year (January first to December29thirty-first) shall be determined by reference to the wages of such30member in the second plan year (January first to December thirty-first)31preceding such current plan year as follows:32(1) members with wages of forty-five thousand dollars per annum or33less shall contribute three per centum of annual wages;34(2) members with wages greater than forty-five thousand per annum, but35not more than fifty-five thousand per annum shall contribute three and36one-half per centum of annual wages;37(3) members with wages greater than fifty-five thousand per annum, but38not more than seventy-five thousand per annum shall contribute four and39one-half per centum of annual wages;40(4) members with wages greater than seventy-five thousand per annum41but not more than one hundred thousand per annum shall contribute five42and three-quarters per centum of annual wages; and43(5) members with wages greater than one hundred thousand per annum44shall contribute six per centum of annual wages.45Notwithstanding the foregoing, during each of the first three plan46years (January first to December thirty-first) in which such member has47established membership in the Board of Higher Education Optional Retire-48ment Program, such employee shall contribute a percent of annual wages49in accordance with the preceding schedule based upon a projection of50annual wages provided by the employer] for any electing employee of the 51 Board of Higher Education Optional Retirement Program appointed on or 52 after April first, two thousand twelve, the contributions in the current 53 plan year (April first to March thirty-first) shall be determined by 54 reference to the base wages of such member as of April first in the 55 previous plan year as follows:A. 9527 12 1 (1) members with wages of seventy-five thousand dollars per annum or 2 less shall contribute three per centum of annual wages; 3 (2) members with wages greater than seventy-five thousand per annum, 4 but not more than one hundred thousand per annum shall contribute four 5 per centum of annual wages; and 6 (3) members with wages greater than one hundred thousand per annum 7 shall contribute five per centum of annual wages. 8 Notwithstanding the foregoing, in the first year in which a member has 9 established membership in the Board of Higher Education Optional Retire- 10 ment Program, such member shall contribute a percentage of annual wages 11 in accordance with the preceding schedule based upon a projection of 12 annual wages provided by the employer. 13 § 8. Notwithstanding any other provision of law to the contrary, none 14 of the provisions of this act shall be subject to section 25 of the 15 retirement and social security law. 16 § 9. This act shall take effect April 1, 2024; provided, however, if 17 this act shall become a law after such date it shall take effect imme- 18 diately and shall be deemed to have been in full force and effect on and 19 after April 1, 2024. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would change the member contribution rates, and the wage ranges to which member contribution rates are applied, for Tier 6 members effective April 1, 2024. The proposed contribution rates and wage ranges for Tier 6 members are: * three (3) percent for wages of $75,000 or less, * four (4) percent for wages greater than $75,000 but not more than $100,000, or * five (5) percent for wages greater than $100,000. The current contribution rates and wage ranges for Tier 6 members are: * three (3) percent for wages of $45,000 or less, * three and one-half (3.5) percent for wages greater than $45,000 but not more than $55,000, * four and one-half (4.5) percent for wages greater than $55,000 but not more than $75,000, * five and three-quarters (5.75) percent for wages greater than $75,000 but not more than $100,000, or * six (6) percent for wages greater than $100,000. It is anticipated that this proposal will not become law until after the effective date of April 1, 2024, in which case member contribution rates will need to be revised retroactively. This will result in signif- icant administrative costs to the New York State and Local Retirement System and its more than 3,000 participating employers. Insofar as this bill affects the New York State and Local Employees' Retirement System (NYSLERS), if this legislation is enacted during the 2024 Legislative Session, there would be an increase in the present value of future costs of approximately $1.6 billion which would be shared by the State of New York and all local participating employers in the NYSLERS. These costs will be funded by increasing Tier 6 billing rates by an average 0.9% of salary. The increased billing rates will result in a recurring, increasing annual contribution beginning in the fiscal year ending March 31, 2026 of approximately $67 million to the State of New York and approximately $90 million to local participating employers in the NYSLERS. These annu- al costs are expected to increase significantly in future years and willA. 9527 13 vary by employer based upon the plan coverage and salary reported in Tier 6. Insofar as this bill affects the New York State and Local Police and Fire Retirement System (NYSLPFRS), if this legislation is enacted during the 2024 Legislative Session, there would be an increase in the present value of future costs of approximately $255 million which would be shared by the State of New York and all local participating employers in the NYSLPFRS. These costs will be funded by increasing Tier 6 billing rates by an average 1.0% of salary. The increased billing rates will result in a recurring, increasing annual contribution beginning in the fiscal year ending March 31, 2026 of approximately $5 million to the State of New York and approximately $18 million to local participating employers in the NYSLPFRS. These annual costs are expected to increase significantly in future years and will vary by employer based upon the plan coverage and salary reported in Tier 6. These estimated costs are based on 265,533 Tier 6 members with annual salary of approximately $12 billion in the NYSLERS and 16,538 Tier 6 members with annual salary of approximately $1.5 billion in the NYSLPFRS, as of March 31, 2023. Summary of relevant resources: Membership data as of March 31, 2023 was used in measuring the impact of the proposed change, the same data used in the April 1, 2023 actuari- al valuation. Distributions and other statistics can be found in the 2023 Report of the Actuary and the 2023 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2023 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, 2023 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 4, 2024, and intended for use only during the 2024 Legislative Session, is Fiscal Note No. 2024-96, prepared by the Actuary for the New York State and Local Retirement System. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would amend various sections of the Retirement and Social Security Law and the Education Law to reduce the required employee contribution for Tier 6 members. The salary ranges and employee contrib- ution rates for Tier 6 members would be changed to the following as of April 1, 2024: Salary Employee Contribution Rate $75,000 and less 3.00% More than $75,000 to $100,000 4.00% More than $100,000 5.00% The annual cost to the employers of members of the New York State Teachers' Retirement System for this benefit is estimated to be $81.5 million or 0.42% of payroll if this bill is enacted. The System's "new entrant rate", a hypothetical employer contribution rate that would occur if we started a new Retirement System without anyA. 9527 14 assets, is equal to 5.31% of pay under the current Tier 6 benefit struc- ture. This can be thought of as the long-term expected employer cost of Tier 6, based on current actuarial assumptions. For the proposed change to the Tier 6 benefit structure under this bill, this new entrant rate is estimated to increase to 6.13% of pay, an increase of 0.82% of pay. Member data is from the System's most recent actuarial valuation files as of June 30, 2023, consisting of data provided by the employers to the Retirement System. The most recent data distributions and statistics can be found in the System's Annual Report for fiscal year ended June 30, 2023. System assets are as reported in the System's financial statements and can also be found in the System's Annual Report. Actuarial assump- tions and methods are provided in the System's Actuarial Valuation Report as of June 30, 2023. The source of this estimate is Fiscal Note 2024-18 dated February 27, 2024 prepared by the Office of the Actuary of the New York State Teach- ers' Retirement System and is intended for use only during the 2024 Legislative Session. I, Richard A. Young, am the Chief Actuary for the New York State Teachers' Retirement System. I am a member of the Ameri- can Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: SUMMARY: This proposed legislation, as it relates to the New York City Retirement Systems and Pension Funds (NYCRS) would reduce the required Basic Member Contribution (BMC) rates for Tier 6 members of NYCERS, TRS, and BERS. EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS by Fiscal Year for the first 25 years ($ in Millions) Year NYCERS TRS BERS TOTAL 2025 74.9 55.2 6.4 136.5 2026 81.9 58.8 6.9 147.6 2027 89.3 62.8 7.5 159.6 2028 97.0 67.1 8.1 172.2 2029 105.1 71.8 8.8 185.7 2030 113.3 76.8 9.5 199.6 2031 121.7 82.2 10.2 214.1 2032 130.2 88.0 10.9 229.1 2033 138.8 94.2 11.7 244.7 2034 147.7 100.9 12.5 261.1 2035 156.8 107.9 13.3 278.0 2036 165.9 115.3 14.1 295.3 2037 175.2 123.1 15.0 313.3 2038 184.6 131.4 13.5 329.5 2039 194.2 140.3 14.4 348.9 2040 178.7 149.5 15.3 343.5 2041 188.5 159.1 16.2 363.8 2042 198.4 168.8 17.2 384.4 2043 208.4 178.5 18.2 405.1 2044 218.6 169.3 19.1 407.0 2045 228.8 178.9 20.1 427.8 2046 239.1 188.4 21.1 448.6 2047 249.4 197.8 22.2 469.4 2048 259.8 207.0 23.2 490.0 2049 270.2 216.2 24.2 510.6A. 9527 15 Employer Contribution impact beyond Fiscal year 2049 is not shown. Projected contributions include future new hires that may be impacted. The initial increase in employer contributions of $136.5 million is estimated to be $94.4 million for New York City and $42.1 million for the other obligors of NYCRS. INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES as of June 30, 2023 ($ in Millions) Present Value (PV) NYCERS TRS BERS PV of Benefits: (70.1) (63.7) (6.4) PV of Employee Contributions: (900.6) (847.6) (72.9) PV of Employer Contributions: 830.5 783.9 66.6 Unfunded Accrued Liabilities: 222.0 189.2 19.1 AMORTIZATION OF UNFUNDED ACCRUED LIABILITY NYCERS TRS BERS Number of Payments: 15 19 13 Fiscal Year of Last Payment: 2039 2043 2037 Amortization Payment: 25.2 M 18.9 M 2.4 M Unfunded Accrued Liability increases were amortized over the expected remaining working lifetime of those impacted by the benefit changes using level dollar payments. 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. NYCERS TRS BERS Active Members - Number Count: 85,203 60,663 12,932 - Average Age: 42.4 38.1 46.9 - Average Service: 4.4 5.0 4.0 - Average Salary: 78,900 80,000 56,200 IMPACT ON MEMBER CONTRIBUTIONS: Currently, Tier 6 members of NYCERS, TRS, and BERS are generally required to make Basic Member Contributions (BMC) ranging from 3% to 6% of annual wages, determined by the member's annual wages for the second prior calendar year. Under the proposed legislation, effective April 1, 2024: * The required BMC rates for each salary band above $45,000 would be reduced as shown in the table below. Salary Band Current Rate Proposed Rate $45,000 or less 3.00% 3.00% $45,001 up to $55,000 3.50% 3.00% $55,001 up to $75,000 4.50% 3.00% $75,001 up to $100,000 5.75% 4.00% Greater than $100,000 6.00% 5.00% * The determination of the member's rate will use a one-year lookback instead of a two-year lookback. * The annual wages used for the determination of the member's salary band would exclude overtime and compensation earned for extracurricular activities for all years. Currently, this exclusion is set to expire on January 1, 2025.A. 9527 16 * New members would use a projection of wages for their first year instead of their first three years. For purposes of this Fiscal Note, it has been assumed that members will retain rights to current rules for determining the contribution rate for a given calendar year if they result in a lower contribution rate than under the proposed legislation. ASSUMPTIONS AND METHODS: The estimates presented herein have been calculated based on the Revised 2021 Actuarial Assumptions and Methods of the impacted retirement systems. In addition: * New entrants were assumed to replace exiting members so that total payroll increases by 3% each year for impacted groups. New entrant demo- graphics were developed based on data for recent new hires and actuarial judgement. 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 2024-19 dated March 6, 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.