Bill Text: NY S06141 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides additional benefits for certain county correction officers in Suffolk county; provides benefits to retirement system members with credited service of thirty years.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-03-11 - PRINT NUMBER 6141B [S06141 Detail]

Download: New_York-2023-S06141-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6141

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 30, 2023
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to amend the retirement and social security law, in  relation  to
          providing  additional  benefits  for certain retirement system members
          with credited service in excess of twenty-five years

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

     1    Section  1. Subdivisions c and g of section 89-f of the retirement and
     2  social security law, as added by chapter 591 of the laws of  1988,  such
     3  section  as  renumbered by chapter 771 of the laws of 1988, and subdivi-
     4  sion g as relettered by chapter 543 of the laws of 1992, are amended  to
     5  read as follows:
     6    c.  Upon  completion  of  twenty-five  years  of such service and upon
     7  retirement, each such member shall receive  a  pension  which,  together
     8  with  an  annuity  which shall be the actuarial equivalent of [his] such
     9  member's accumulated contributions at the time of  [his]  such  member's
    10  retirement  and  an additional pension which is the actuarial equivalent
    11  of the reserved-for-increased-take-home-pay to which  [he]  such  member
    12  may  then  be entitled shall be sufficient to provide him with a retire-
    13  ment allowance equal to one-half of [his] such  member's  final  average
    14  salary,  provided  however that a member with credited service in excess
    15  of twenty-five years shall receive an  additional  retirement  allowance
    16  equal  to  one-sixtieth  of  such member's final average salary for each
    17  year of creditable service in excess of twenty-five  years  but  not  in
    18  excess of thirty years.
    19    g.  A  member contributing on the basis of this section at the time of
    20  retirement, [shall] may retire after the completion of twenty-five years
    21  of total creditable service. Application therefor  may  be  filed  in  a
    22  manner similar to that provided in section seventy of this article. Upon
    23  completion  of  at  least  twenty-five  years  of  such service and upon
    24  retirement, each such member shall receive  a  pension  which,  together

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10296-02-3

        S. 6141                             2

     1  with  an  annuity  which shall be the actuarial equivalent of [his] such
     2  member's accumulated contributions at the time of  [his]  such  member's
     3  retirement  and  an additional pension which is the actuarial equivalent
     4  of the reserve-for-increased-take-home-pay to which [he] such member may
     5  then be entitled shall be sufficient to provide [him] such member with a
     6  retirement  allowance  equal  to  one-half  of [his] such member's final
     7  average salary plus an additional retirement allowance equal to one-six-
     8  tieth of such member's final average salary for each year of  creditable
     9  service  in  excess  of  twenty-five  years  but not in excess of thirty
    10  years.
    11    § 2. Subdivision d of section 604 of the retirement and social securi-
    12  ty law, as amended by chapter 771 of the laws of  1988,  is  amended  to
    13  read as follows:
    14    d.  The  early  service  retirement  for  a  member who is employed in
    15  Suffolk county as a correction officer as  defined  in  section  eighty-
    16  nine-f  of  this  chapter,  shall  be a pension equal to one-fiftieth of
    17  final average salary times years of credited service at  the  completion
    18  of  twenty-five  years  of  service as such correction officer[, but not
    19  exceeding one-half of his or her] plus an additional  retirement  allow-
    20  ance  equal  to  one-sixtieth  of such member's final average salary for
    21  each year of credited service in excess of twenty-five years but not  in
    22  excess of thirty years.
    23    §   3.  All  past  service  costs  associated  with  implementing  the
    24  provisions of this act shall be borne by the county of Suffolk  and  may
    25  be amortized over a period of ten years.
    26    §  4. Notwithstanding any other provision of law to the contrary, none
    27  of the provisions of this act shall  be  subject  to  the  appropriation
    28  requirement of section 25 of the retirement and social security law.
    29    §  5.  This  act  shall take effect immediately and shall apply to all
    30  members that retire on or after such date.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would modify the service retirement benefit for  members  of
        the  New  York  State and Local Employees’ Retirement System employed by
        Suffolk County as correction officers. The modified  service  retirement
        benefit  will  be one-half of final average salary (FAS) upon completion
        of twenty-five years of creditable service with additional sixtieths for
        each year of creditable service in excess of twenty-five years  but  not
        in  excess  of  thirty  years. The current service retirement benefit is
        one-half of FAS upon  completion  of  twenty-five  years  of  creditable
        service.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate  that  there  will be an increase of approximately $1.0 million in
        the annual contributions of Suffolk County for the  fiscal  year  ending
        March  31,  2024.  In  future  years, this cost will vary as the billing
        rates and salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $13.6 million which will
        be borne by Suffolk County as a one-time payment. This estimate  assumes
        that  payment will be made on February 1, 2024. If Suffolk County elects
        to amortize this cost over a 10-year period, the cost for the first year
        including interest would be $1.74 million.
          These estimated costs are based on 814 affected  members  employed  by
        Suffolk  County,  with annual salary of approximately $123 million as of
        March 31, 2022.
          Summary of relevant resources:

        S. 6141                             3

          Membership data as of March 31, 2022 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2020,
        2021, and 2022 Annual Report to the  Comptroller  on  Actuarial  Assump-
        tions,  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, 2022
        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 30, 2023, and intended for use only during
        the 2023 Legislative Session, is Fiscal Note No. 2023-124,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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