Bill Text: NY S06054 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to the election of retirement benefits for certain members of the New York state and local employees' retirement system who are employed by the office of mental health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-12 - REPORTED AND COMMITTED TO FINANCE [S06054 Detail]

Download: New_York-2023-S06054-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6054--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 27, 2023
                                       ___________

        Introduced  by  Sen. JACKSON -- 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

        AN  ACT  to amend the retirement and social security law, in relation to
          retirement benefits for  certain  employees;  and  providing  for  the
          repeal of such provisions upon expiration thereof

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

     1    Section 1. Subdivision c of section 700 of the retirement  and  social
     2  security law, as added by chapter 578 of the laws of 1989, is amended to
     3  read as follows:
     4    c. Such election shall be in writing, shall be duly executed and filed
     5  with  the comptroller and, subject to the provisions of subdivision d of
     6  this section, shall be irrevocable as long as such member is in a  title
     7  defined  in  subdivision  i  of section eighty-nine of this chapter. The
     8  election shall be filed on or  before  December  thirty-first,  nineteen
     9  hundred  eighty-nine  or  within  one  year  after  such  person becomes
    10  employed in such title, whichever date is later.
    11    § 2. Section 700 of the retirement and social security law is  amended
    12  by adding a new subdivision d to read as follows:
    13    d.  Notwithstanding  any  provision  of  law to the contrary, a member
    14  employed by the office of mental health holding the  title  of  security
    15  hospital treatment assistant, senior security hospital treatment assist-
    16  ant,  security  hospital  treatment assistant Spanish language, security
    17  hospital senior treatment assistant Spanish language, security  hospital
    18  treatment  assistant supervisor or security hospital treatment assistant
    19  chief, shall be entitled to file an election, subject to the  provisions
    20  of article fourteen or article fifteen of this chapter, in its entirety,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08427-04-4

        S. 6054--A                          2

     1  and  shall  be  subject  to  none  of  the provisions of the article not
     2  selected by the member. Such election shall be in writing, shall be duly
     3  executed and filed with the comptroller and shall be irrevocable.
     4    §  3.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law and shall expire and be deemed  repealed  on  the  one
     6  hundred eightieth day after it shall have become a law.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would permit members of the New York State and Local Employ-
        ees'  Retirement  System employed as security hospital treatment assist-
        ants by the Office of  Mental  Health  a  one-time  election  to  choose
        between  coverage  under  an  Age-55 plan or a 25-year service plan. Any
        such election will be irrevocable and the member will forfeit all rights
        and privileges of their current plan.  Currently,  members  so  employed
        must  elect  plan coverage within one year from their employment in such
        title.  This bill has a sunset provision of 180 days.
          If this bill is enacted during the 2024 Legislative Session, we antic-
        ipate that there will be an increase of approximately  $2.4  million  in
        the  annual  contributions  of the State of New York for the fiscal year
        ending March 31, 2025. In future  years  this  cost  will  vary  but  is
        expected to average 2.7% of salary annually.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $22.1 million which will
        be  borne  by the State of New York as a one-time payment. This estimate
        assumes that payment will be made on March 1, 2025.
          These estimated costs are based on 689 affected  members  employed  by
        the  Office  of  Mental  Health  with annual salary of approximately $79
        million 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  January  26,  2024,  and intended for use only
        during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-40,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
feedback