Bill Text: NY S06157 | 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 Westchester county; provides benefits to retirement system members with credited service in excess of twenty-five years.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-03-18 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06157 Detail]

Download: New_York-2023-S06157-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6157

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 31, 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 f of section 89-e of the retirement and
     2  social security law, as added by chapter 520 of the laws  of  1988,  are
     3  amended to read as follows:
     4    c.  Upon  completion  of  twenty-five  years  of such service and upon
     5  retirement, each such member shall receive  a  pension  which,  together
     6  with  an  annuity  which shall be the actuarial equivalent of [his] such
     7  member's accumulated contributions at the time of  [his]  such  member's
     8  retirement  and  an additional pension which is the actuarial equivalent
     9  of  the  [reserved-for-increased-take-home-pay]   reserve-for-increased-
    10  take-home-pay  to  which  [he] such member may then be entitled shall be
    11  sufficient to provide [him] such  member  with  a  retirement  allowance
    12  equal  to one-half of [his] such member's final average salary, provided
    13  however that a member with credited service  in  excess  of  twenty-five
    14  years shall receive an additional retirement allowance equal to one-six-
    15  tieth  of such member's final average salary for each year of creditable
    16  service in excess of twenty-five years  but  not  in  excess  of  thirty
    17  years.
    18    f.  A  member contributing on the basis of this section at the time of
    19  retirement, [shall] may retire after the completion of twenty-five years
    20  of total creditable service. Application therefor  may  be  filed  in  a
    21  manner similar to that provided in section seventy of this article. Upon
    22  completion  of  at  least  twenty-five  years  of  such service and upon
    23  retirement, each such member shall receive  a  pension  which,  together
    24  with  an  annuity  which shall be the actuarial equivalent of [his] such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10299-02-3

        S. 6157                             2

     1  member's accumulated contributions at the time of  [his]  such  member's
     2  retirement  and  an additional pension which is the actuarial equivalent
     3  of the reserve-for-increased-take-home-pay to which [he] such member may
     4  then  be entitled shall be sufficient to provide [him] such member  with
     5  a retirement allowance equal to one-half of [his]  such  member's  final
     6  average salary plus an additional retirement allowance equal to one-six-
     7  tieth  of such member's final average salary for each year of creditable
     8  service in excess of twenty-five years  but  not  in  excess  of  thirty
     9  years.
    10    § 2. Subdivision c of section 604 of the retirement and social securi-
    11  ty  law, as added by chapter 520 of the laws of 1988, is amended to read
    12  as follows:
    13    c. The early  service  retirement  benefit  for  a  member  who  is  a
    14  correction  officer  of  the Westchester county correction department as
    15  defined in section eighty-nine-e of this  chapter  shall  be  a  pension
    16  equal  to  one-fiftieth  of final average salary times years of credited
    17  service at the completion  of  twenty-five  years  of  service  as  such
    18  correction [officer, but not exceeding one-half of his or her] officer's
    19  final  average  salary  plus an additional retirement allowance equal to
    20  one-sixtieth of such member's final average  salary  for  each  year  of
    21  credited  service  in  excess  of twenty-five years but not in excess of
    22  thirty years.
    23    §  3.  All  past  service  costs  associated  with  implementing   the
    24  provisions  of  this act shall be borne by the county of Westchester and
    25  may 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
        Westchester  County as correction officers. The modified service retire-
        ment 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 cred-
        itable service.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate that there will be an increase of approximately  $930,000  in  the
        annual  contributions  of  Westchester 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 $11.3 million which will
        be  borne  by  Westchester  County  as a one-time payment. This estimate
        assumes that payment will be made on February 1,  2024.  If  Westchester
        County  elects to amortize this cost over a 10-year period, the cost for
        the first year including interest would be $1.44 million.
          These estimated costs are based on 821 affected  members  employed  by
        Westchester  County, with annual salary of approximately $103 million as
        of March 31, 2022.
          Summary of relevant resources:

        S. 6157                             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. 2023-125,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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