STATE OF NEW YORK
________________________________________________________________________
7684
2025-2026 Regular Sessions
IN ASSEMBLY
April 4, 2025
___________
Introduced by M. of A. RAMOS -- Multi-Sponsored by -- M. of A. GIBBS --
read once and referred to the Committee on Governmental Employees
AN ACT to provide a temporary retirement incentive for certain members
of the New York state teachers' retirement system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law components of legislation that
2 would establish an age 55/25 temporary retirement incentive for certain
3 public employees.
4 § 2. Legislative findings. The legislature finds and declares that the
5 retirement benefit for certain public employees who are above age 55 and
6 with 25 years of service provided for in this act is intended only to be
7 temporary in nature for employees who are eligible to receive and quali-
8 fy for the applicable benefit during the applicable time periods speci-
9 fied in this act. Further, nothing in this act shall be construed to
10 create an expectation of a future or continuing retirement benefit for
11 any public employee who is not eligible to receive and qualify for the
12 retirement benefits herein during the applicable time periods.
13 § 3. Definitions. As used in this act, unless the context clearly
14 requires otherwise:
15 (a) "Retirement system" means the New York state teachers' retirement
16 system.
17 (b) "Teachers' retirement system" means the New York state teachers'
18 retirement system.
19 (c) "Educational employer" means a participating employer which is a
20 school district, a board of cooperative educational services, a voca-
21 tional education and extension board, an institution for the instruction
22 of the deaf and of the blind as enumerated in section 4201 of the educa-
23 tion law, or a school district as enumerated in section 1 of chapter 566
24 of the laws of 1967, as amended.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05113-02-5
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1 (d) "Eligible employee" means a person who is a member of the teach-
2 ers' retirement system, who is an employee of an educational employer,
3 who holds a position represented by the recognized collective bargaining
4 units affiliated with the New York state united teachers employee organ-
5 ization as certified by their employer, and who has attained the age of
6 55 and has at least 25 years of creditable service in the retirement
7 system. For the purposes of this act, the term "eligible employee"
8 shall be deemed to include building level administrators, including, but
9 not limited to, principals and assistant principals.
10 (e) "Active service" means service while being paid on the payroll,
11 provided that (i) a leave of absence with pay shall be deemed active
12 service; (ii) other approved leave without pay not to exceed twelve
13 weeks from March 1, 2026 and the commencement of the designated open
14 period; and (iii) the period of time subsequent to the June 2026 school
15 term and on or before August 31, 2026 for a teacher (or other employee
16 as defined in this act, employed on a school-year basis) who is other-
17 wise in active service on the effective date of this act shall be deemed
18 active service.
19 (f) "Open period" means the period beginning with the commencement
20 date as defined in subdivision (g) of this section and shall be 60 days
21 in length. For educational employers who make election after June 30,
22 2026, the open period shall begin immediately after such election, and
23 shall not extend beyond August 31, 2026. For the purposes of retirement
24 pursuant to this act, a service retirement application must be filed
25 with the appropriate retirement system not less than 14 days prior to
26 the effective date of retirement to become effective, unless a shorter
27 time period is permitted under law.
28 (g) "Commencement date" means the first day the retirement benefit
29 mandated by this act shall be made available, which shall mean a date or
30 dates on or after the effective date of this act to be determined by the
31 educational employer which elects to participate pursuant to section
32 four of this act, but no sooner than June 30, 2026.
33 § 4. On or after June 30, 2026 an educational employer may elect to
34 provide its employees the retirement incentive authorized by this act by
35 the adoption of a resolution of its governing body. A copy of such
36 resolution shall be filed with the appropriate retirement system. The
37 resolution shall be accompanied by the affidavit of the school board
38 president or trustee or other comparable official certifying the validi-
39 ty of such resolution.
40 § 5. Notwithstanding any other provision of law, any eligible employee
41 serving in an eligible title who (a) has been continuously in the active
42 service of an educational employer who has elected to participate in the
43 retirement incentive provided in section six of this act, pursuant to
44 section four of this act, from March 1, 2026 to the date immediately
45 prior to the commencement date of the applicable open period, (b) files
46 an application for service retirement that is effective during the open
47 period, and (c) is otherwise eligible for a service retirement as of the
48 effective date of the application for retirement shall be entitled to
49 the retirement benefit provided in section six of this act.
50 § 6. Notwithstanding any other provision of law, any eligible employee
51 who is: (a) a member of the teachers' retirement system, and (b) enti-
52 tled to retirement benefits pursuant to section five of this act may
53 retire during the open period without the reduction of their retirement
54 benefit that would otherwise be imposed by article 11 or 15 of the
55 retirement and social security law if such eligible employee has
56 attained the age of 55 and has completed at least 25 or more years of
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1 creditable service. An eligible employee who is covered by the
2 provisions of article 11 or 15 of the retirement and social security law
3 shall retire under the provisions of article 11 or 15 of the retirement
4 and social security law.
5 § 7. The pension benefit costs of section six of this act shall be
6 paid by employers as provided by applicable law for the retirement
7 system covered by this act over a period not to exceed five years
8 commencing in the state fiscal year ending March 31, 2028.
9 § 8. Notwithstanding any other provision of law, this act shall have
10 no impact on retirement incentives, options or inducements offered as
11 part of a contractual agreement between an eligible employee and an
12 educational employer which were negotiated prior to the effective date
13 of this act.
14 § 9. Severability clause. If any clause, sentence, paragraph, subdi-
15 vision, section or part of this act shall be adjudged by any court of
16 competent jurisdiction to be invalid, such judgment shall not affect,
17 impair, or invalidate the remainder thereof, but shall be confined in
18 its operation to the clause, sentence, paragraph, subdivision, section
19 or part thereof directly involved in the controversy in which such judg-
20 ment shall have been rendered. It is hereby declared to be the intent of
21 the legislature that this act would have been enacted even if such
22 invalid provisions had not been included herein.
23 § 10. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide a temporary retirement incentive to eligible
members of the New York State Teachers' Retirement System during fiscal
year 2026-2027. This incentive would permit eligible members of an
employer who has elected to participate to retire without an early
retirement reduction upon attainment of at least age 55 with 25 years of
service. Currently attainment of at least age 55 with 30 years of
service, or at least age 62 with five years of service, are required to
retire without reduction for Tiers 2, 3 and 4 members. Tier 5 members
currently must be at least age 57 with 30 years of service, or at least
age 62 with five years of service, to retire without reduction. Finally,
Tier 6 members are currently required to attain age 63 with five years
of service to retire without reduction. To receive this benefit, a
member of an employer who has elected to participate must retire during
the designated 60-day open period, beginning on or after June 30, 2026
and not extending beyond August 31, 2026. To be eligible, a member must
be an employee of an educational employer and hold a position repres-
ented by one of the recognized collective bargaining units affiliated
with the New York State United Teachers (NYSUT) as certified by his or
her employer. To participate in this retirement incentive, the educa-
tional employer must be a school district, a board of cooperative educa-
tional services, a vocational education and extension board, an institu-
tion for the instruction of the deaf and of the blind as enumerated in
Section 4201 of the Education Law or a school district as enumerated in
Section 1 of Chapter 566 of the Laws of 1967. Employers who elect to
participate would pay the cost of the retirement incentive over a period
not to exceed five years, beginning in the state fiscal year ending
March 31, 2028.
The annual cost paid each year over a five-year period, to the partic-
ipating employers of members of the New York State Teachers' Retirement
System for this benefit is estimated to be $86.9 million or 0.42% of
payroll if this bill is enacted. Employers who do not elect to partic-
ipate would not incur a cost.
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Member data is from the System's most recent actuarial valuation files
as of June 30, 2024, consisting of data provided by the employers to the
Retirement System. The most recent data distributions and statistics can
be found in the System's Annual Report for fiscal year ended June 30,
2024. System assets are as reported in the System's financial statements
and can also be found in the System's Annual Report. Actuarial assump-
tions and methods will be provided in the System's Actuarial Valuation
Report as of June 30, 2024, except rates of retirement which have been
modified to reflect anticipated participation in the incentive.
The source of this estimate is Fiscal Note 2025-9 dated March 19, 2025
prepared by the Office of the Actuary of the New York State Teachers'
Retirement System and is intended for use only during the 2025 Legisla-
tive Session. I, Richard A. Young, am the Chief Actuary for the New York
State Teachers' Retirement System. I am a member of the American Academy
of Actuaries and I meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
