Bill Text: NY S09274 | 2023-2024 | General Assembly | Introduced


Bill Title: Extends the benefits of the variable supplements fund for transit police members of the New York city employees' retirement system for persons who retired on or after October 1, 1968.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S09274 Detail]

Download: New_York-2023-S09274-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9274

                    IN SENATE

                                       May 8, 2024
                                       ___________

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

        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  extending  the benefits of the variable supplements fund
          for transit police members of the New York city employees'  retirement
          system

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

     1    Section 1. Paragraph (c) of subdivision 1 of  section  13-191  of  the
     2  administrative  code  of the city of New York, as amended by chapter 577
     3  of the laws of 1992, is amended to read as follows:
     4    (c) "Beneficiary". Any person who receives a retirement  allowance  by
     5  reason  of  having  retired,  on  or after [July first, nineteen hundred
     6  eighty-seven] October first, nineteen hundred  sixty-eight  for  service
     7  (with  credit  for  twenty  or  more years of service toward the minimum
     8  period) as a transit police officer; provided, that no person who held a
     9  rank or position as a transit police superior  officer,  as  defined  in
    10  subdivision  eighty-four  of section 13-101 of this [title] chapter who,
    11  on or after May first, nineteen hundred ninety-two, subsequently  became
    12  a  transit  police officer shall be considered a beneficiary unless such
    13  person (1) subsequently performed at least three years of service  as  a
    14  transit  police officer or (2) returned to service, from the position of
    15  sergeant, as a transit police officer during the eighteen  month  proba-
    16  tionary  period,  or such other probationary period as may be applicable
    17  or (3) returned to service as a transit police officer during the  three
    18  year  period  specified  in  paragraph (e) of subdivision one of section
    19  seventy-five of the civil service law, or (4) returned to service  as  a
    20  transit  police officer as the result of a hearing conducted pursuant to
    21  applicable law.
    22    § 2.  Paragraph (b) of subdivision 1 of section 13-192 of the adminis-
    23  trative code of the city of New York, as amended by chapter 720  of  the
    24  laws of 1994, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08380-04-4

        S. 9274                             2

     1    (b)  "Beneficiary".  Any person who receives a retirement allowance by
     2  reason of having retired, on or  after  [July  first,  nineteen  hundred
     3  eighty-seven,]  October first, nineteen hundred sixty-eight, for service
     4  (with credit for twenty or more years  of  service  toward  the  minimum
     5  period)  as  a  transit  police  member and as a transit police superior
     6  officer; provided, however, that where a person who held or holds a rank
     7  or position as a transit police superior officer, subsequently and on or
     8  after May first, nineteen hundred ninety-two became or becomes a transit
     9  police officer, and while a transit police officer, retired  or  retires
    10  for service under such circumstances that he or she would have qualified
    11  as  a  beneficiary  under the provisions of paragraph (c) of subdivision
    12  one of section 13-191 of this [title] chapter (other  than  the  proviso
    13  thereof),  but  did  not or does not qualify as a beneficiary under such
    14  paragraph (c) because he or she was or is disqualified by the  terms  of
    15  such  proviso, such retiree shall nevertheless be deemed to be a benefi-
    16  ciary under the provisions of this section.
    17    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation would extend  the  eligibility  for
        the  payment  of  Transit  Police  Officers' and Transit Police Superior
        Officers' Variable Supplements Funds (VSF)  benefits  to  former  NYCERS
        members  who  retired  for service from the New York City Transit Police
        between October 1, 1968 and June 30, 1987  with  20  or  more  years  of
        service.

                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)
             Year                          NYCERS
             2025                          20.9
             2026                          0
             2027                          0
             2028                          0
             2029                          0
             2030                          0
             2031                          0
             2032                          0
             2033                          0
             2034                          0
             2035                          0
             2036                          0
             2037                          0
             2038                          0
             2039                          0
             2040                          0
             2041                          0
             2042                          0
             2043                          0
             2044                          0
             2045                          0
             2046                          0
             2047                          0
             2048                          0
             2049                          0

          The entire increase in employer contributions will be allocated to New
        York  City.  There  are  no  active Transit Police members of NYCERS and

        S. 9274                             3

        therefore a transfer from NYCERS, via a City payment,  to  the  impacted
        VSFs would be necessary to fund the additional VSF benefit obligations.

                  EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                           as of June 30, 2023 ($ in Millions)
             Present Value (PV)            NYCERS
             PV of Benefits:               18.9
             PV of Employee Contributions: 0
             PV of Employer Contributions: 18.9
             Unfunded Accrued Liabilities: 18.9

                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
                                           NYCERS
             Number of Payments:           1
             Fiscal Year of Last Payment:  2025
             Amortization Payment:         20.9 M

          Since  those  that  would  benefit  are retired, and therefore have no
        remaining working lifetime, the  entire  increase  in  Unfunded  Accrued
        Liabilities would be recognized immediately.
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30,  2023.  The  census  data  for  the
        impacted population is summarized below.

                                           NYCERS
             Receiving Members
             - Number Count:               304
             - Average Age:                82.0

          IMPACT  ON  RETIREE  BENEFITS: Currently, Transit Police Officers' and
        Transit Police Superior Officers' VSFs provide supplemental  non-pension
        benefits  to  former  NYCERS members who retired for service on or after
        July 1, 1987 from New York City Transit Police with 20 or more years  of
        service.
          The  amount  of  VSF  benefits  paid is currently $12,000 per Calendar
        Year.  These VSF benefits are payable on an annual basis around December
        15th to eligible former NYCERS members for  their  lifetimes.  Upon  the
        death of the NYCERS retiree, VSF payments cease.
          Under  the proposed legislation, former NYCERS members who retired for
        service from New York City Transit Police between October  1,  1968  and
        June  30, 1987 with 20 or more years of service would become immediately
        eligible for VSF benefits on the December 15th following  the  Effective
        Date and for each year thereafter. For the purposes of this Fiscal Note,
        it  has  been  assumed  that benefits payable under this proposed legis-
        lation are prospective only.
          ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
        calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
        of the impacted retirement systems.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on  the  actuarial  assumptions, methods, and models used, demo-
        graphics of the impacted population, and other factors such  as  invest-
        ment,  contribution, and other risks. If actual experience deviates from
        actuarial  assumptions,  the  actual  costs  could  differ  from   those
        presented  herein.  Quantifying  these risks is beyond the scope of this
        Fiscal Note.

        S. 9274                             4

          This Fiscal Note is intended to measure  pension-related  impacts  and
        does  not  include other potential costs (e.g., administrative and Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky  are members of the Society of Actuaries and the American Academy of
        Actuaries. We are members of NYCERS but do not believe  it  impairs  our
        objectivity  and  we  meet  the  Qualification Standards of the American
        Academy of Actuaries to render the actuarial opinion  contained  herein.
        To  the  best  of  our 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  2024-17  dated  February
        23, 2024 was prepared by the Chief Actuary for the New York City Retire-
        ment  Systems  and Pension Funds. This estimate is intended for use only
        during the 2024 Legislative Session.
feedback