Bill Text: NY S06322 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Grants service credit to members of the uniformed correction force of the New York city department of correction covered by provisions of law for over 25 years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-03-28 - PRINT NUMBER 6322A [S06322 Detail]

Download: New_York-2023-S06322-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6322

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 13, 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
          retirement  benefits  for  general members in the uniformed correction
          force of the New York city department of correction

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

     1    Section  1.  Subdivision d of section 504 of the retirement and social
     2  security law, as amended by chapter 18 of the laws of 2012,  is  amended
     3  to read as follows:
     4    d.  The  early  service  retirement benefit for general members in the
     5  uniformed  correction  force  of  the  New  York  city   department   of
     6  correction,  who are not entitled to an early service retirement benefit
     7  pursuant to subdivision c of section five hundred four-a of this article
     8  or subdivision c of section five  hundred  four-b  of  this  article  or
     9  subdivision  c  of  section  five hundred four-d of this article, or for
    10  general members in the uniformed personnel  in  institutions  under  the
    11  jurisdiction of the department of corrections and community supervision,
    12  as  defined  in  subdivision  i  of section eighty-nine of this chapter,
    13  shall be a pension equal to one-fiftieth of final average  salary  times
    14  years  of  credited  service  at  the completion of twenty-five years of
    15  service, [but not in excess of fifty percent of  final  average  salary]
    16  plus  one-sixtieth  of  final  average  salary  times  years of credited
    17  service in excess of twenty-five, provided, however, that the provisions
    18  of  this  section  shall  not  apply  to  a  New  York  city   uniformed
    19  correction/sanitation revised plan member.
    20    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY  OF BILL: This proposed legislation would amend Retirement and
        Social Security Law (RSSL) Section 504 by modifying the service  retire-
        ment benefit calculation formula for uniformed employees of the New York

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08667-02-3

        S. 6322                             2

        City  Department  of  Correction (Correction) who are members of the New
        York City Employees' Retirement System (NYCERS) and are subject  to  the
        Early  Service  Retirement  Benefit Plan for General Members pursuant to
        RSSL  Section  504  (CO-25  Plan).  The  CO-25 Plan is limited to Tier 3
        Correction members who joined NYCERS prior to December 19,  1990  (CO-25
        Plan Members).
          Effective Date: Upon enactment.
          IMPACT ON BENEFITS: Currently, upon reaching 25 or more years of cred-
        ited  service,  CO-25  Plan Members are entitled to a service retirement
        pension benefit equal to:
          * 50% of Final Average Salary (FAS).
          Under the proposed legislation, if  enacted,  the  service  retirement
        benefit for CO-25 Plan Members who retire for service under RSSL Section
        504(d)  after  the effective date of the proposed legislation with 25 or
        more years of credited service would be equal to:
          * 50% of FAS for the first 25 years of credited service, plus
          * 1/60th of FAS for each additional year of credited service, or frac-
        tion thereof, exceeding 25 years (if any).
          FINANCIAL IMPACT - PRESENT VALUES: Based on the census data and  actu-
        arial  assumptions  and  methods  herein, the enactment of this proposed
        legislation would increase the present value of future employer contrib-
        utions by approximately $4.0 million.
          Under the Entry Age Normal cost method used to determine the  employer
        contributions  to  NYCERS,  there  would  be an increase in the Unfunded
        Accrued Liability (UAL) of approximately $3.9 million and an increase in
        the Present Value of Future Employer Normal Cost of $0.1 million.
          FINANCIAL IMPACT - ANNUAL EMPLOYER  CONTRIBUTIONS:  The  enactment  of
        this  proposed legislation would result in an initial increase in annual
        employer contributions of approximately $4.3 million which is the result
        of an increase in the Normal Cost in addition to the UAL payment.
          New UAL attributable to benefit changes are generally  amortized  over
        the remaining working lifetime of those impacted by the benefit changes.
        The remaining working lifetime for this group is approximately two years
        and  the  increase in UAL was therefore amortized over a two-year period
        (one 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 NYCERS  to  deter-
        mine the Preliminary Fiscal Year 2024 employer contributions.
          The  21  NYCERS  CO-25 Plan Members as of June 30, 2022 had an average
        age of approximately 59.9 years, average service of  approximately  33.3
        years, and an average salary of approximately $158,500.
          ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
        been calculated based on the actuarial assumptions and methods in effect
        for the Preliminary Fiscal Year 2024 employer contributions of NYCERS.
          For  the  purposes of this Fiscal Note, it is assumed that the changes
        would be reflected for the first time in the  June  30,  2022  actuarial
        valuation  of NYCERS used to determine employer contributions for Fiscal
        Year 2024.
          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.

        S. 6322                             3

          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 of NYCERS and other New
        York City agencies to implement the proposed legislation.
          * The impact of this  proposed  legislation  on  Other  Postemployment
        Benefit (OPEB) costs.
          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 2023-29 dated April 12,
        2023 was prepared by the Chief Actuary for the New York City  Employees'
        Retirement  System.  This  estimate  is intended for use only during the
        2023 Legislative Session.
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