Bill Text: NY S04702 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to members of the twenty-year/age fifty retirement program for Triborough bridge and tunnel members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S04702 Detail]

Download: New_York-2015-S04702-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4702--B
            Cal. No. 737
                               2015-2016 Regular Sessions
                    IN SENATE
                                      April 8, 2015
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
        AN  ACT  to amend the retirement and social security law, in relation to
          members of the twenty-year/age fifty retirement program for Triborough
          bridge and tunnel members
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  1  of  subdivision  e  of section 604-c of the
     2  retirement and social security law, as amended by  chapter  661  of  the
     3  laws of 2002, is amended to read as follows:
     4    1.  In  addition  to  the member contributions required by section six
     5  hundred thirteen of  this  article,  each  participant  in  the  twenty-
     6  year/age fifty retirement program in the rank of bridge and tunnel offi-
     7  cer  shall  contribute  to the retirement system of which he or she is a
     8  member (subject to the applicable provisions of subdivision d of section
     9  six hundred thirteen of this article) an additional five and fifty  one-
    10  hundredths  percent  of  his or her compensation and each participant in
    11  the twenty-year/age fifty retirement program in the rank of sergeant  or
    12  lieutenant  shall  contribute to the retirement system an additional six
    13  percent of his or her  compensation  earned  [from]  for  all  allowable
    14  service  as  a Triborough bridge and tunnel member rendered on and after
    15  the date which is one hundred eighty days prior to the starting date  of
    16  the  twenty-year/age  fifty  retirement program and all credited service
    17  after such person ceases to be a participant but before he or she  again
    18  becomes a participant pursuant to paragraph six of subdivision b of this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09868-04-6

        S. 4702--B                          2
     1  section.   A participant in the twenty-year/age fifty retirement program
     2  shall contribute additional member contributions until the later of  (i)
     3  the date as of which he or she has twenty years of credited service as a
     4  bridge  and  tunnel  officer,  or (ii) the third anniversary of the date
     5  that he or she last became a participant in  the  twenty-year/age  fifty
     6  retirement program.
     7    §  2.  This  act shall take effect immediately and shall apply only to
     8  new employees within the Triborough Bridge and Tunnel Authority (TBTA).
          FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
          PROVISIONS OF PROPOSED LEGISLATION: This  proposed  legislation  would
        amend  paragraph  1  of subdivision e of section 604-c of the Retirement
        and Social  Security  Law  (RSSL)  to  require  that  Additional  Member
        Contributions  (AMC)  for  a  period  of  non-participation be made by a
        member of the Triborough Bridge and Tunnel Authority (TBTA)  20-Year/Age
        50  Retirement Plan (TBTA 20/50 Plan) who ceases to be a participant and
        later again becomes a participant of the TBTA 20/50 Plan.
          The effective date of the proposed legislation would be  the  date  of
        enactment and would apply only to new employees within the TBTA.
          BACKGROUND:  Members in the New York City Employees' Retirement System
        (NYCERS) TBTA 20/50 Plan must be employed in a TBTA Eligible Position to
        be eligible to participate. A TBTA Eligible Position is a position  held
        by a Tier 4 or Tier 6 member who is employed as a TBTA Bridge and Tunnel
        Officer,  Sergeant  or  Lieutenant  in  a  non-managerial position.   To
        participate in the TBTA 20/50 Plan, in addition to Basic Member Contrib-
        utions, AMC must be made at the rate of 5.5% of gross wages for Officers
        and 6.0% of gross wages for Sergeants and Lieutenants until the later of
        (1) 20 years of Credited Service in a TBTA Eligible Position, or (2) the
        third anniversary of participation in the TBTA 20/50 Plan.
          If a TBTA 20/50 Plan member gets promoted to a managerial position, he
        or she is no longer eligible to participate in that Plan.  Subsequently,
        if  the  member  is  reassigned to a non-managerial position, making the
        member once again eligible to participate in the TBTA  20/50  Plan,  the
        member is then able to retire with full TBTA 20/50 Plan benefits despite
        not  having  contributed  AMC  during the period the member spent in the
        managerial position.
          This proposed legislation, if enacted,  would  require  a  member  who
        spends  a portion of his or her career in a non-participating managerial
        position and then returns to a TBTA Eligible Position to contribute  AMC
        for the period of time that the member was in that managerial position.
          For  purposes  of  developing  the  analysis  herein,  the Actuary has
        assumed that the required AMC rate for this  period  of  time  would  be
        deemed  to  be  equal  to  the  AMC rate last paid by the member while a
        participant in the TBTA 20/50 Plan.
          FINANCIAL IMPACT - ACTUARIAL PRESENT VALUE OF BENEFITS:  Enactment  of
        this  legislation  would  result  in a future reduction in the Actuarial
        Present Value of Benefits (APVB) and employer  contributions  to  NYCERS
        and  would  be  based  on  the number of members affected, the number of
        years they were in non-participating  positions,  and  the  gross  wages
        during  the  non-participating periods. Based on the assumptions herein,
        the savings in the APVB,  if  this  legislation  is  enacted,  would  be
        approximately $60,000 per member at the date of retirement.
          FINANCIAL  IMPACT  - EMPLOYER COSTS: Enactment of this proposed legis-
        lation could decrease employer contributions, where such  amounts  would
        depend  on the number of members affected, the number of years they were
        in non-participating positions, and their gross wages  during  the  non-
        participating years.

        S. 4702--B                          3
          The increase in the assets of NYCERS as a result of the additional AMC
        paid  in any year would be treated as an actuarial gain and be amortized
        over 15 years. Based on the assumptions herein, the cost  savings  would
        be approximately $7,000 per year per affected member.
          FINANCIAL  IMPACT  -  EMPLOYER  CONTRIBUTIONS:  Decreases  in employer
        contributions would ultimately be comparable to the decreases in employ-
        er costs.
          ACTUARIAL ASSUMPTIONS AND METHODS: The approximate savings per  member
        in the APVB has been estimated assuming that:
          * The member had been in a managerial position for 10 years
          *  The  member's  gross  wages  at  the  end of the 10-year period was
        $100,000
          * The member had received increases in gross wages of  4.0%  per  year
        during the 10-year period
          * The AMC rate was 6.0% of gross wages, and
          * AMC are accumulated at the rate of 5.0% per year.
          STATEMENT  OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
        ary for the New York City Retirement Systems. I am an Associate  of  the
        Society  of  Actuaries, a Fellow of the Conference of Consulting Actuar-
        ies, and a Member of the American Academy of Actuaries. I meet the Qual-
        ification Standards of the American Academy of Actuaries to  render  the
        actuarial opinion contained herein.
          FISCAL  NOTE  IDENTIFICATION:  This  estimate is intended for use only
        during the 2016 Legislative Session. It is Fiscal  Note  2016-07,  dated
        March 9, 2016 prepared by the Chief Actuary of the New York City Employ-
        ees' Retirement System.
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