STATE OF NEW YORK
________________________________________________________________________
7105
IN SENATE
March 28, 2016
___________
Introduced by Sen. GOLDEN -- 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
disability benefits for certain members of the New York city fire
department pension fund or 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. Subdivision 24 of section 501 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 24. "Wages" shall mean regular compensation earned by and paid to a
5 member by a public employer, except that for members who first join the
6 state and local employees' retirement system on or after January first,
7 two thousand ten, overtime compensation paid in any year in excess of
8 the overtime ceiling, as defined by this subdivision, shall not be
9 included in the definition of wages. "Overtime compensation" shall mean,
10 for purposes of this section, compensation paid under any law or policy
11 under which employees are paid at a rate greater than their standard
12 rate for additional hours worked beyond those required, including
13 compensation paid under section one hundred thirty-four of the civil
14 service law and section ninety of the general municipal law. The "over-
15 time ceiling" shall mean fifteen thousand dollars per annum on January
16 first, two thousand ten, and shall be increased by three percent each
17 year thereafter, provided, however, that for members who first become
18 members of the New York state and local employees' retirement system on
19 or after April first, two thousand twelve, "overtime ceiling" shall mean
20 fifteen thousand dollars per annum on April first, two thousand twelve,
21 and shall be increased each year thereafter by a percentage to be deter-
22 mined annually by reference to the consumer price index (all urban
23 consumers, CPI-U, U.S. city average, all items, 1982-84=100), published
24 by the United States bureau of labor statistics, for each applicable
25 calendar year. Said percentage shall equal the annual inflation as
26 determined from the increase in the consumer price index in the one year
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14853-01-6
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1 period ending on the December thirty-first prior to the cost-of-living
2 adjustment effective on the ensuing April first. For the purpose of
3 calculation a member's primary federal social security retirement or
4 disability benefit, wages shall, in any calendar year, be limited to the
5 portion of the member's wages which would be subject to tax under
6 section three thousand one hundred twenty-one of the internal revenue
7 code of nineteen hundred fifty-four, or any predecessor or successor
8 provision relating thereto, if such member was employed by a private
9 employer. For members who first become members of the New York state and
10 local employees' retirement system on or after the effective date of the
11 chapter of the laws of two thousand twelve which amended this subdivi-
12 sion, the following items shall not be included in the definition of
13 wages: (a) wages in excess of the annual salary paid to the governor
14 pursuant to section three of article four of the state constitution, (b)
15 lump sum payments for deferred compensation, sick leave, accumulated
16 vacation or other credits for time not worked, (c) any form of termi-
17 nation pay, (d) any additional compensation paid in anticipation of
18 retirement, and (e) in the case of employees who receive wages from
19 three or more employers in a twelve month period, the wages paid by the
20 third and each successive employer. For New York city enhanced plan
21 members who receive the ordinary disability benefit provided for in
22 subdivision c-1 of section five hundred six of this article or the acci-
23 dental disability benefit provided for in paragraph three of subdivision
24 c of section five hundred seven of this article, the following items
25 shall not be included in the definition of wages: (a) lump sum payments
26 for deferred compensation, sick leave, accumulated vacation or other
27 credits for time not worked; (b) any form of termination pay; (c) any
28 additional compensation paid in anticipation of retirement; and (d) in
29 the case of employees who receive wages from three or more employers in
30 a twelve month period, the wages paid by the third and each successive
31 employer.
32 § 2. Section 501 of the retirement and social security law is amended
33 by adding a new subdivision 28 to read as follows:
34 28. "New York city enhanced plan member" shall mean (a) a New York
35 city police/fire revised plan member who becomes subject to the
36 provisions of this article on or after April first, two thousand sixteen
37 and who is a member of the New York city fire department pension fund,
38 (b) a police/fire member who is a member of the New York city fire
39 department pension fund and who makes an election, which shall be irrev-
40 ocable and shall be duly executed and filed with the administrative head
41 of such pension fund no later than one hundred twenty days after the
42 effective date of the chapter of the laws of two thousand sixteen which
43 added this subdivision, to be subject to the provisions of this article
44 related to New York city enhanced plan members, (c) a New York city
45 police/fire revised plan member who became subject to the provisions of
46 this article before April first, two thousand sixteen, who is a member
47 of the New York city fire department pension fund, and who makes an
48 election, which shall be irrevocable and shall be duly executed and
49 filed with the administrative head of such pension fund no later than
50 one hundred twenty days after the effective date of the chapter of the
51 laws of two thousand sixteen which added this subdivision, to be subject
52 to the provisions of this article related to New York city enhanced plan
53 members, (d) a New York city uniformed correction/sanitation revised
54 plan member who becomes subject to the provisions of this article on or
55 after April first, two thousand sixteen and who is a member of the
56 uniformed force of the New York city department of correction, or (e) a
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1 New York uniformed correction/sanitation revised plan member who became
2 subject to the provisions of this article before April first, two thou-
3 sand sixteen, who is a member of the uniformed force of the New York
4 city department of correction, and who makes an election, which shall be
5 irrevocable and shall be duly executed and filed with the administrative
6 head of the New York city employees' retirement system no later than one
7 hundred twenty days after the effective date of the chapter of the laws
8 of two thousand sixteen which added this subdivision, to be subject to
9 the provisions of this article related to New York city enhanced plan
10 members.
11 § 3. Section 506 of the retirement and social security law is amended
12 by adding a new subdivision c-1 to read as follows:
13 c-1. Notwithstanding the provisions of subdivisions a and b of this
14 section, the ordinary disability benefit for a New York city enhanced
15 plan member in active service shall be a pension equal to the greater of
16 (i) thirty-three and one-third percent of final average salary, or (ii)
17 two percent of final average salary times years of credited service not
18 in excess of the maximum years of service for computing service retire-
19 ment, such benefit in each case to be reduced by one hundred percent of
20 any workers' compensation benefits payable.
21 § 4. Subdivisions c and e of section 507 of the retirement and social
22 security law, subdivision c as amended by chapter 18 of the laws of
23 2012, and subdivision e as added by chapter 890 of the laws of 1976, are
24 amended to read as follows:
25 c. 1. In the case of a member of a retirement system other than the
26 New York state and local employees' retirement system, the New York
27 state teachers' retirement system, the New York city employees' retire-
28 ment system, the New York city board of education retirement system or
29 the New York city teachers' retirement system, or in the case of a
30 member of the New York city employees' retirement system who is a New
31 York city uniformed correction/sanitation revised plan member or an
32 investigator revised plan member, the accidental disability benefit
33 hereunder shall be a pension equal to two percent of final average sala-
34 ry times years of credited service which such member would have attained
35 if employment had continued until such member's full escalation date,
36 not in excess of the maximum years of service creditable for the normal
37 service retirement benefit, less (i) fifty percent of the primary social
38 security disability benefit, if any, as provided in section five hundred
39 eleven of this article, and (ii) one hundred percent of any workers'
40 compensation benefits payable. The provisions of this paragraph shall
41 not apply to New York city enhanced plan members.
42 2. In the case of a member of the New York state and local employees'
43 retirement system, the New York state teachers' retirement system, the
44 New York city employees' retirement system (other than a New York city
45 uniformed correction/sanitation revised plan member or an investigator
46 revised plan member), the New York city board of education retirement
47 system or the New York city teachers' retirement system, the accidental
48 disability benefit hereunder shall be a pension equal to sixty percent
49 of final average salary, less (i) fifty percent of the primary social
50 security disability benefit, if any, as provided in section five hundred
51 eleven of this article, and (ii) one hundred percent of any workers'
52 compensation benefits payable. In the event a disability retiree from
53 any retirement system is not eligible for the primary social security
54 disability benefit and continues to be eligible for disability benefits
55 hereunder, such disability benefit shall be reduced by one-half of such
56 retiree's primary social security retirement benefit, commencing at age
S. 7105 4
1 sixty-two, in the same manner as provided for service retirement bene-
2 fits under section five hundred eleven of this article.
3 3. In the case of a New York city enhanced plan member, the accidental
4 disability benefit hereunder shall be a pension equal to seventy-five
5 percent of final average salary, less one hundred percent of any work-
6 ers' compensation benefits payable.
7 e. A member, except a New York city enhanced plan member, shall not be
8 eligible to apply for disability benefits under section five hundred six
9 or this section unless such member shall, at the time of application,
10 sign a waiver prepared by the retirement system and approved by the
11 administrative head of such system pursuant to which such member agrees
12 to waive the benefits of any statutory presumption relating to the cause
13 of disability or eligibility for disability benefits, and a determi-
14 nation of eligibility for benefits hereunder shall be made without
15 regard to any such statutory provision.
16 § 5. Section 507 of the retirement and social security law is amended
17 by adding a new subdivision j to read as follows:
18 j. Notwithstanding any inconsistent provision of this chapter or any
19 law, any condition of impairment of health caused by diseases of the
20 lung, resulting in disability or death to a member of the New York city
21 fire department pension fund who is a New York city enhanced plan
22 member, who successfully passed a physical examination on entry into
23 service as a firefighter, which examination failed to disclose evidence
24 of any disease or other impairment of the lung, shall be presumptive
25 evidence that it was incurred in the performance and discharge of duty,
26 unless the contrary be proved by competent evidence.
27 § 6. Section 510 of the retirement and social security law is amended
28 by adding a new subdivision i to read as follows:
29 i. Notwithstanding any other provision of this article, the annual
30 escalation provided in this section shall not apply to the ordinary
31 disability benefit for New York city enhanced plan members provided for
32 in subdivision c-1 of section five hundred six of this article or the
33 accidental disability benefit for New York city enhanced plan members
34 provided for in paragraph three of subdivision c of section five hundred
35 seven of this article. Such members who receive such ordinary disability
36 benefit or accidental disability benefit shall have a cost-of-living
37 adjustment for such benefit, which shall be computed in the same manner
38 as provided for by section 13-696 of the administrative code of the city
39 of New York.
40 § 7. Section 511 of the retirement and social security law is amended
41 by adding a new subdivision g to read as follows:
42 g. This section shall not apply to a New York city enhanced plan
43 member who receives the ordinary disability benefit provided for in
44 subdivision c-1 of section five hundred six of this article or the acci-
45 dental disability benefit provided for in paragraph three of subdivision
46 c of section five hundred seven of this article.
47 § 8. Subdivision a of section 512 of the retirement and social securi-
48 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
49 as follows:
50 a. A member's final average salary shall be the average wages earned
51 by such a member during any three consecutive years which provide the
52 highest average wage; provided, however, if the wages earned during any
53 year included in the period used to determine final average salary
54 exceeds that of the average of the previous two years by more than ten
55 percent, the amount in excess of ten percent shall be excluded from the
56 computation of final average salary. Notwithstanding the preceding
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1 provisions of this subdivision to the contrary, for a member who first
2 becomes a member of the New York state and local employees' retirement
3 system on or after April first, two thousand twelve, or for a New York
4 city police/fire revised plan member, a New York city enhanced plan
5 member who receives the ordinary disability benefit provided for in
6 subdivision c-1 of section five hundred six of this article or the acci-
7 dental disability benefit provided for in paragraph three of subdivision
8 c of section five hundred seven of this article, a New York city
9 uniformed correction/sanitation revised plan member or an investigator
10 revised plan member, a member's final average salary shall be the aver-
11 age wages earned by such a member during any five consecutive years
12 which provide the highest average wage; provided, however, if the wages
13 earned during any year included in the period used to determine final
14 average salary exceeds that of the average of the previous four years by
15 more than ten percent, the amount in excess of ten percent shall be
16 excluded from the computation of final average salary. In determining
17 final average salary pursuant to any provision of this subdivision,
18 where the period used to determine final average salary is the period
19 which immediately precedes the date of retirement, any month or months
20 (not in excess of twelve) which would otherwise be included in computing
21 final average salary but during which the member was on authorized leave
22 of absence at partial pay or without pay shall be excluded from the
23 computation of final average salary and the month or an equal number of
24 months immediately preceding such period shall be substituted in lieu
25 thereof.
26 § 9. Section 517 of the retirement and social security law is amended
27 by adding a new subdivision h to read as follows:
28 h. Notwithstanding any inconsistent provision of subdivision a of this
29 section, New York city enhanced plan members shall, as of the effective
30 date of the chapter of the laws of two thousand sixteen which added this
31 subdivision, contribute six percent of annual wages to the pension fund
32 in which they have membership.
33 § 10. Notwithstanding any other law to the contrary, any condition of
34 impairment of health caused by diseases of the lung, diseases of the
35 heart, or by a stroke, resulting in disability or death to a medical
36 officer of the fire department of the city of New York who is a member
37 of the New York city fire department pension fund, who is presently
38 employed, and who shall have sustained such disability while so
39 employed, shall be presumptive evidence that it was incurred in the
40 performance and discharge of duty, unless the contrary be proved by
41 competent evidence, provided that (i) such officer successfully passed a
42 physical examination for entry into public service, or authorized
43 release of all relevant medical records, if such officer did not undergo
44 a physical examination for entry into public service, and (ii) there is
45 no evidence of the qualifying condition or impairment of health that
46 formed the basis for the disability in such physical examination for
47 entry into public service or in the relevant medical records, prior to
48 such officer's entry into public service.
49 § 11. Notwithstanding any other law to the contrary, any medical offi-
50 cer of the fire department of the city of New York who is a member of
51 the New York city fire department pension fund, who is presently
52 employed, and who contracts HIV (where the officer may have been exposed
53 to a bodily fluid of a person under his or her care or treatment, or
54 while the officer examined, transported, rescued or otherwise had
55 contact with such person, in the performance of his or her duties),
56 tuberculosis or hepatitis, who shall have contracted such disease while
S. 7105 6
1 so employed, will be presumed to have contracted such disease as a
2 natural or proximate result of an accidental injury received in the
3 performance and discharge of his or her duties and not as a result of
4 his or her willful negligence, unless the contrary be proved by compe-
5 tent evidence, provided that (i) such officer successfully passed a
6 physical examination for entry into public service, or authorized
7 release of all relevant medical records, if such officer did not undergo
8 a physical examination for entry into public service, and (ii) there is
9 no evidence of the qualifying disease that formed the basis for the
10 disability in such physical examination for entry into public service or
11 in the relevant medical records, prior to such officer's entry into
12 public service.
13 § 12. Notwithstanding any other law to the contrary, any condition of
14 impairment of health caused by (a) any condition of cancer affecting the
15 lymphatic, digestive, hematological, urinary, neurological, breast,
16 reproductive, or prostate systems or (b) melanoma resulting in total or
17 partial disability or death, resulting in disability or death to a
18 medical officer of the fire department of the city of New York who is a
19 member of the New York city fire department pension fund, who is pres-
20 ently employed, and who shall have sustained such disability while so
21 employed, shall be presumptive evidence that it was incurred in the
22 performance and discharge of duty, unless the contrary be proved by
23 competent evidence; provided that (i) such officer successfully passed a
24 physical examination for entry into public service, or authorized
25 release of all relevant medical records, if such officer did not undergo
26 a physical examination for entry into public service, and (ii) there is
27 no evidence of the qualifying condition or impairment of health that
28 formed the basis for the disability in such physical examination for
29 entry into public service or in the relevant medical records, prior to
30 such officer's entry into public service.
31 § 13. Section 81 of chapter 18 of the laws of 2012 shall not apply to
32 this act.
33 § 14. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
PROVISIONS OF PROPOSED LEGISLATION: With respect to the New York Fire
Department Pension Fund (FIRE) and the New York City Employees' Retire-
ment System (NYCERS), the proposed legislation would amend Sections 501,
506, 507, 510, 511, 512, and 517 of the Retirement and Social Security
Law (RSSL) to provide changes to the Accidental Disability Retirement
(ADR) and Ordinary Disability Retirement (ODR) benefit provisions of
Tier 3 and Revised Tier 3 FIRE members and Tier 6 Correction members of
NYCERS. The proposed legislation would also change the eligibility
requirements for Medical Officers of FIRE to utilize the statutory
presumptions that qualify other FIRE members for ADR.
The Effective Date of the proposed legislation would be the date of
enactment.
For purposes of this Fiscal Note, all Tier 3 and Revised Tier 3 FIRE
members and Tier 6 Corrections members are collectively referred to as
"Affected Members." In addition, all FIRE members subject to Article 14
of the RSSL will be referred to as "Tier 3 FIRE Members."
IMPACT ON ODR BENEFITS PAYABLE: The current ODR benefits for Affected
Members are equal to the greater of:
* 33 1/3% of Five-Year Final Average Salary (FAS), or
* 2% of FAS multiplied by years of credited service (not in excess of
22 years),
Reduced by:
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* 50% of the Primary Social Security Disability benefits (determined
under RSSL Section 511), and
* 100% of Workers' Compensation benefits (if any).
Final Average Salary is a Three-Year average (FAS3) for Tier 3 FIRE
members who have a date of membership prior to April 1, 2012 and a Five-
Year average (FAS 5) for all other Affected Members.
It is the understanding of the Actuary that FIRE Members are not
covered by Workers' Compensation.
Under the proposed changes the ODR benefits would be revised to be
equal to the greater of:
* 33 1/3% of FAS, or
* 2.0% of FAS multiplied by years of credited service.
In addition, the proposed legislation would not apply the Escalation
available under RSSL Section 510 to ODR benefits. However, such ODR
benefits would still be eligible for Cost-of-Living Adjustments (COLA)
under Chapter 125 of the Laws of 2000.
Affected Members who are FIRE or NYCERS members prior to the effective
date of this proposed legislation would have the option of remaining
under the current ODR benefits or electing to be covered under the
proposed ODR benefits.
IMPACT ON ADR BENEFITS PAYABLE: The current ADR benefits for Affected
Members is equal to:
* 50% multiplied by FAS,
Reduced by:
* 50% of Primary Social Security disability benefit or Primary Social
Security benefits, whichever begins first (determined under RSSL Section
511), and
* 100% of Workers' Compensation benefits (if any).
It is the understanding of the Actuary that FIRE Members are not
covered by Workers' Compensation.
Under the proposed changes the eligibility requirements for ADR bene-
fits for Tier 3 FIRE Members would be the same as those currently
provided, with the exception that they could be eligible for and utilize
the statutory presumptions (e.g., certain lung diseases) that qualify
other FIRE members for ADR Benefits. In addition, under the proposed
legislation, Medical Officers may satisfy the eligibility to utilize the
statutory presumptions provided the Medical Officer authorized release
of all relevant medical records, and there is no evidence of the quali-
fying condition or impairment that formed the basis for the disability
in such medical records unless the contrary is proved by competent
evidence. Tier 6 Correction Members would remain ineligible for the
statutory benefits that Tier 4 Correction members are eligible for.
Under the proposed legislation, if enacted, the ADR benefit for
Affected Members would be revised to equal a retirement allowance equal
to:
* 75% multiplied by FAS,
* Reduced by 100% of Workers' Compensation benefits (if any).
In addition, the proposed legislation would not apply the Escalation
available under RSSL Section 510 to ADR benefits for Affected Members.
However, such ADR benefits would still be eligible for COLA under Chap-
ter 125 of the Laws of 2000.
Affected Members who are FIRE or NYCERS members prior to the effective
date of this proposed legislation would have the option of remaining
under the current ADR benefits or electing to be covered under the
proposed ADR benefits.
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FINANCIAL IMPACT - CHANGES IN PROJECTED ACTUARIAL PRESENT VALUE OF
FUTURE EMPLOYER CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For
purposes of this Fiscal Note, it is assumed that the changes in the
Actuarial Present Value (APV) of benefits (APVB), APV of member contrib-
utions, the Unfunded Actuarial Accrued Liability (UAAL) and APV of
future employer contributions would be reflected for the first time in
the June 30, 2015 actuarial valuation of FIRE and NYCERS. Under the
One-Year Lag Methodology (OYLM), the first year that changes in benefits
for Affected Members could impact employer contributions to FIRE and
NYCERS would be Fiscal Year 2017.
Note that since the assumptions used in the actuarial valuation of
FIRE do not distinguish between Medical Officers and other FIRE members
and those assumptions for Tier 2 members already incorporate the
presumptions available under law, there will be only a deminims change
in employer contributions for the three medical officers who are Tier 3
members. The increase in employer costs for providing presumptions to
all medical officers has been estimated to be approximately $100,000 to
$200,000 per year.
In accordance with ACNY Section 13.638.2(k-2), new UAAL attributable
to benefit changes are to be amortized as determined by the Actuary but
generally over the remaining working lifetime of those impacted by the
benefit changes. As of June 30, 2015, the remaining working lifetime of
the Tier 3 FIRE members is approximately 23 years and the remaining
working lifetime of the Tier 6 Corrections members is approximately 19
years. Recognizing that these periods will decrease over time as the
group of Affected Members matures, the Actuary would likely choose to
amortize the new UAAL attributable to this proposed legislation over a
15-year to 20-year period (between 14 and 19 payments under the OYLM
Methodology). For purposes of this Fiscal Note, the Actuary has elected
to amortize the change in UAAL over a 15-year period (14 payments).
The following Table 1 presents an estimate of the
increases/(decreases) in the APV of future employer contributions and in
employer contributions to FIRE and NYCERS for Fiscal Years 2017 through
2021 due to the changes in ODR and ADR provisions for Affected Members
and the changes in eligibility requirements for presumptions for FIRE
Medical Officers based on the applicable actuarial assumptions and meth-
ods noted herein:
Table 1
Estimated Financial Impact on FIRE and NYCERS
If Certain Revisions are Made to
Provisions for ODR and ADR Benefits for Tier 3 FIRE and Tier 6 Corrrec-
tion
Members and Presumption Eligibility Requirements for Medical Officers
($ Million)
Increase/(Decrease)
In APV of Increase/(Decrease)
Future Employer In Employer
Fiscal Year Contributions Contributions
2017
* FIRE 24.2 4.2
* Corrections (34.6) (4.0)
* Total (10.4) 0.2
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2018
* FIRE 31.2 5.5
* Corrections (45.4) (5.0)
* Total (14.2) 0.5
2019
* FIRE 35.8 6.5
* Corrections (56.9) (6.2)
* Total (21.1) 0.3
2020
* FIRE 39.4 7.5
* Corrections (70.8) (7.7)
* Total (31.4) (0.2)
2021
* FIRE 42.6 8.3
* Corrections (79.8) (8.5)
* Total (37.2) (0.2)
The estimated increases/(decreases) in employer contributions shown in
Table 1 are based upon the following projection assumptions:
* Level workforce (i.e., new employees are hired to replace those who
leave active status).
* Salary increases consistent with those used in projections presented
to the New York City Office of Management and Budget in February, 2016
(Preliminary Projections).
* New entrant salaries consistent with those used in the Preliminary
Projections.
OTHER COSTS: Not measured in this Fiscal Note are the following:
* The initial, additional administrative costs of FIRE, NYCERS, and
other New York City agencies to implement the proposed legislation.
* The potential impact if this proposed legislation were to be
extended to other public safety employees.
* The impact of this proposed legislation on Other Postemployment
Benefit (OPEB) costs.
CENSUS DATA: The starting census data used for the calculations
presented herein is the census data used in the Preliminary June 30,
2015 (Lag) actuarial valuation of NYCERS to determine the Preliminary
Fiscal Year 2017 employer contributions.
The 318 Tier 3 FIRE members who have a date of membership prior to
April 1, 2012 had an average age of approximately 29, average service of
approximately 2.0 years and an average salary of approximately $54,300
as of June 30, 2015. The 1,065 Tier 3 FIRE Members who have a date of
membership on or after April 1, 2012 had an average age of approximately
28, average service of approximately 0.8 years and an average salary of
approximately $47,500 as of June 30, 2015. The 1,452 Tier 6 Correction
Members had an average age of approximately 33, average service of
approximately 1.7 years and an average salary of approximately $51,100
as of June 30, 2015. There are 3 Tier 3 Medical Officers in FIRE as of
June 30, 2015.
ACTUARIAL ASSUMPTIONS AND METHODS: The additional employer contrib-
utions presented herein have been calculated based on the actuarial
assumptions and methods in effect for the Preliminary June 30, 2015
(Lag) actuarial valuations used to determine the Preliminary Fiscal Year
2017 employer contributions of FIRE and NYCERS except that the probabil-
ities of ADR for Tier 6 Correction members have been revised using a
more empirical methodology.
S. 7105 10
In determining the change in employer contributions, the probabilities
of accidental disability used for Tier 3 FIRE members equal those
currently used for Tier 2 Fire members.
It has been further assumed that all Tier 3 FIRE members and all Tier
6 Correction members who became members prior to the effective date of
the proposed legislation will choose the new disability provisions.
The actuarial valuation methodology does not include a calculation of
the value of an offset for Workers' Compensation benefits for Tier 3
FIRE members as it is the understanding of the Actuary that these
members are not covered by such benefits.
It is the understanding of the Actuary that Corrections members are
covered by Workers' Compensation benefits. However, since both ADR and
ODR benefits under both the current provisions and proposed legislation
are offset by Workers' Compensation benefits, any Workers' Compensation
benefits paid would not impact the costs shown.
Employer contributions under current methodology have been estimated
assuming the additional APVB would be financed through future normal
contributions including an amortization of the new UAAL attributable to
this proposed legislation over a 15-year period (14 payments under the
OYLM Methodology).
New entrants were projected to replace the members expected to leave
the active population to maintain a steady-state population.
For purposes of estimating the impact of Escalation for retired
Affected Members, an assumption of 2.5% was used, which is consistent
with the underlying Consumer Price Inflation (CPI) assumption of 2.5%
per year.
This compares with the current Chapter 125 of the Laws of 2000 COLA
assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize a
1.0% minimum and 3.0% maximum) on the first $18,000 of benefit.
The following Table 2a presents the total number of active employees
of FIRE used in the projections, assuming a level work force, and the
cumulative number (i.e., net of withdrawals) of Tier 3 Members as of
each June 30 from 2015 through 2019.
Table 2a
Surviving Actives from Census Data on June 30, 2015
and
Cumulative Tier 3 FIRE Members from 2015
Used in the Projections*
June 30 Tier 1 & 2 Tier 3 Total
2015 9,397 1,383 10,780
2016 8,827 1,953 10,780
2017 8,335 2,445 10,780
2018 7,864 2,916 10,780
2019 7,398 3,382 10,780
* Total active members included in the projections assume a level work
force based on the June 30, 2015 (Lag) actuarial valuation census data.
The following Table 2b presents the total number of active employees of
Correction members used in the projections, assuming a level work force,
and the cumulative number (i.e., net of withdrawals) of Tier 6 Members
as of each June 30 from 2015 through 2019.
Table 2b
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Surviving Actives from Census Data on June 30, 2015
and
Cumulative Tier 6 Correction Members from 2015
Used in the Projections*
June 30 Tier 1, 2, 3 & 4 Tier 6 Total
2015 7,014 1,452 8,466
2016 6,518 1,948 8,466
2017 6,016 2,450 8,466
2018 5,446 3,020 8,466
2019 5,089 3,377 8,466
Total active members included in the projections assume a level work
force based on the June 30, 2015 (Lag) actuarial valuation census data.
STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
ary for the New York City Retirement Systems. I am an Associate of the
Society of Actuaries, a Fellow of the Conference of Consulting Actuaries
and a Member of the American Academy of Actuaries. I meet the Qualifica-
tion Standards of the American Academy of Actuaries to render the actu-
arial opinion contained herein.
FISCAL NOTE IDENTIFICATION: This estimate is intended for use only
during the 2016 Legislative Session. It is Fiscal Note 2016-12, dated
March 25, 2016 prepared by the Chief Actuary for the New York Fire
Department Pension Fund and the New York City Employees' Retirement
System.
