Bill Text: NY S02148 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the pension benefits for first grade police officers of the city of New York who have served for 25 or 30 years.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2024-01-24 - PRINT NUMBER 2148B [S02148 Detail]

Download: New_York-2023-S02148-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2148--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to the pensionable earnings of first grade police officers

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

     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by  finds  and  declares  that  an adjustment to pensionable earnings of
     3  first grade police officers is necessary to enhance  public  safety  and
     4  prevent the loss of vital public services in this state. The legislature
     5  hereby  finds and declares that such adjustment is necessary to address,
     6  inter alia,  the  historic  police  officer  recruitment  and  retention
     7  crisis, the increase in police overtime, and the rise in crime impacting
     8  New  Yorkers.  Therefore, the legislature declares the necessity for the
     9  enactment of this act to  enhance  public  safety  and  protect  against
    10  disruption of vital public services in this state.
    11    § 2. Section 14-111 of the administrative code of the city of New York
    12  is amended by adding two new subdivisions c and d to read as follows:
    13    c.    When  a  first  grade police officer of the New York city police
    14  department shall have served in the rank of police officer for a  period
    15  of twenty-five years, he or she shall have the same rights in respect to
    16  the  New  York  state and local police and fire retirement system or the
    17  New York city police pension fund as a police officer designated to  act
    18  as  detective  of  the  third  grade who shall have served as such for a
    19  period of time aggregating two years at the highest salary  rate  for  a
    20  detective of the third grade.
    21    d.  When  a  first  grade  police  officer of the New York city police
    22  department shall have served in the rank of police officer for a  period
    23  of  thirty years, he or she shall have the same rights in respect to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04845-03-3

        S. 2148--A                          2

     1  New York state and local police and fire retirement system  or  the  New
     2  York  city  police  pension  fund as a sergeant who shall have served as
     3  such for a period of time aggregating two years at  the  highest  salary
     4  rate for a sergeant.
     5    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY  OF BILL: This proposed legislation would amend Section 14-111
        of the Administrative Code of the City of New York (ACCNY) to allow  for
        a  Police  Officer  1st  Grade  of  the  New York City Police Department
        (NYPD), who has been a Police Officer for at least 25 years, to have the
        same rights in respect to the New York City Police Pension Fund (POLICE)
        as a Police Officer designated to  act  as  a  Detective  3rd  Grade  by
        including,  for  pension purposes, the highest salary for such Detective
        aggregating for two years. This proposed legislation will also allow for
        a Police Officer 1st Grade of the NYPD, who has been  a  Police  Officer
        for at least 30 years, to have the same rights in respect to POLICE as a
        Sergeant by including, for pension purposes, the highest salary for such
        Sergeants aggregating for two years.
          Effective Date: Upon enactment.
          IMPACT  ON  BENEFITS:  The  proposed legislation would permit a Police
        Officer 1st Grade, who have met certain service  requirements,  to  have
        their pension calculations based on a higher salary.
          A  Police  Officer  1st Grade with at least 25 years of service would,
        under this proposed legislation, if  enacted,  receive  an  increase  in
        their  annual pension benefit of approximately $5,400 per year. A Police
        Officer 1st Grade with at least 30 years of service  would,  under  this
        proposed  legislation,  if  enacted, receive an increase in their annual
        pension benefit of approximately $15,700 per year. This is  due  to  the
        assumed  higher  salary  and  overtime  and assumes a service retirement
        benefit with 25 years and 30 years of service, respectively.
          Based on this increase and an estimate of the number of POLICE members
        that are expected to be impacted by this change, it is estimated that if
        this proposed legislation is enacted,  the  annual  increase  in  POLICE
        pension benefits paid will be approximately $0.8 million per year.
          With  respect  to  an individual member, the impact on benefits due to
        this proposed legislation could vary greatly depending on  the  member's
        age, years of service, retirement cause, and Tier.
          FINANCIAL  IMPACT - PRESENT VALUES: Based on the actuarial assumptions
        and methods described herein, the enactment of this proposed legislation
        would increase the Present Value of Future Benefits (PVFB)  by  approxi-
        mately $10.0 million every year.
          FINANCIAL  IMPACT  -  ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
        proposed legislation would increase employer contributions,  where  such
        amount  would  depend on the number of members affected as well as other
        characteristics including the age, years of service, and salary  history
        of  the  member. Future years' costs would depend on the number of reti-
        rees who benefit under the legislation amongst other factors.
          The estimate of the increase  in  annual  employer  contributions  for
        Fiscal  Years  2025  through 2029, assuming a homogeneous population and
        consistent retirement pattern, is shown in the table below.

                            Fiscal            Increase in
                             Year        Employer Contributions
                                              ($ Millions)
                             2025                $ 1.2
                             2026                $ 2.4

        S. 2148--A                          3

                             2027                $ 3.6
                             2028                $ 4.8
                             2029                $ 6.0

          Since  the  number  of Police Officers impacted by the proposed legis-
        lation cannot be known in advance with credibility, the increase in PVFB
        due to this legislation has been treated as an actuarial  loss  and  was
        amortized  over  a closed 15-year period (14 payments under the One-Year
        Lag Methodology) using level dollar payments.
          CENSUS DATA: The estimates presented herein are based  on  the  census
        data  used  in the June 30, 2022 actuarial valuation of POLICE to deter-
        mine the Preliminary Fiscal Year 2024 employer contribution. To estimate
        the number of retirees who could potentially benefit from this  proposed
        legislation,  data  from  the  prior actuarial valuations for POLICE was
        used. Below is a summary of the data from the prior valuations:
          * Police Officer 1st Grade who retired with 25-29 years in rank -  908
        retired over the past 10 years.
          *  Police  Officer  1st Grade who retired with 30+ years in rank - 202
        retired over the past 10 years.
          ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
        been calculated based on the actuarial assumptions and methods used  for
        the Preliminary Fiscal Year 2024 employer contributions of POLICE.
          For  the  purposes of this Fiscal Note, it is assumed that the changes
        would be reflected for the first time in the  June  30,  2023  actuarial
        valuation  of POLICE used to determine employer contributions for Fiscal
        Year 2025.
          The salaries used in this analysis have been adjusted consistent  with
        the salary adjustments used in the June 30, 2022 actuarial valuation.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the realization of the actuarial assumptions used,  demograph-
        ics  of  the  impacted  population and other factors such as investment,
        contribution, and other risks. If actual experience deviates from  actu-
        arial  assumptions,  the  actual costs could differ from those presented
        herein.
          Costs are also dependent on the actuarial methods used, and  therefore
        different actuarial methods could produce different results. Quantifying
        these risks is beyond the scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          *  The  initial  additional  administrative  costs  to  implement  the
        proposed legislation.
          STATEMENT OF ACTUARIAL OPINION: I, Marek  Tyszkiewicz,  am  the  Chief
        Actuary  for,  and  independent of, the New York City Retirement Systems
        and Pension Funds. I am an Associate of the Society of Actuaries  and  a
        Member of the American Academy of Actuaries. I am a member of NYCERS but
        do  not  believe  it impairs my objectivity and I meet the Qualification
        Standards of the American Academy of Actuaries to render  the  actuarial
        opinion  contained  herein.  To  the  best  of my 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 2023-19 dated  March  31,
        2023  was  prepared  by  the  Chief Actuary for the New York City Police
        Pension Fund. This estimate is intended for use  only  during  the  2023
        Legislative Session.
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