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A08178 Summary:

BILL NOA08178B
 
SAME ASSAME AS S05053-B
 
SPONSORFall
 
COSPNSR
 
MLTSPNSR
 
Amd §14-124, NYC Ad Cd; amd §501, R & SS L
 
Relates to increasing the mandatory retirement age for New York police department members from 63 to 65.
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A08178 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8178--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2025
                                       ___________
 
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Governmental  Employees  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Governmental Employees  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the administrative code of the city of New York and  the
          retirement  and  social  security  law,  in relation to increasing the
          mandatory retirement age for uniform members  of  the  New  York  city
          police department
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 14-124 of the administrative code of  the  city  of
     2  New York is amended to read as follows:
     3    §  14-124 Termination of service of members of force because of super-
     4  annuation. No member of the  police  force  in  the  department,  except
     5  surgeons  of  police,  a  roentgenologist  and a veterinarian, who is or
     6  hereafter attains  the  age  of  [sixty-three]  sixty-five  years  shall
     7  continue  to  serve  as  a member of such force but shall be retired and
     8  placed on the pension rolls of the department, provided,  however,  that
     9  any  member  who  is  not  eligible  for retirement at age [sixty-three]
    10  sixty-five shall continue to serve as a member only until such  time  as
    11  [he  or  she]  such  member  becomes  eligible  for such pension service
    12  retirement, provided further that any member participating in the social
    13  security program may elect to remain in the department  but  only  until
    14  such  time  as  [he or she] such member has earned the minimum number of
    15  quarters of coverage required to assure future  eligibility  for  social
    16  security retirement benefits, but in no event beyond sixty-five years of
    17  age.
    18    Notwithstanding the provisions of this section or of any other section
    19  of  law,  any  member  who shall not have completed thirty-five years of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09749-13-6

        A. 8178--B                          2
 
     1  creditable city service within the meaning of subdivision j  of  section
     2  13-206, prior to attaining the age of [sixty-three] sixty-five years may
     3  continue  to  serve as a member until [he or she] such member shall have
     4  completed such thirty-five years of creditable city service.
     5    § 2.  Subdivision 15 of section 501 of the retirement and social secu-
     6  rity  law,  as  added  by chapter 890 of the laws of 1976, is amended to
     7  read as follows:
     8    15. "Mandatory retirement age" shall mean  age  seventy,  for  general
     9  members, and age sixty-two, for police/fire members, and age sixty-five,
    10  for uniform members of the New York city police pension fund.
    11    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This  proposed legislation would raise the mandatory retire-
        ment age to 65 for certain Tier 2 and Tier 3 members  of  the  New  York
        City  Police  Pension  Fund  (POLICE),  increasing the current mandatory
        retirement ages of 63 and 62, respectively.
 
                  EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)
 
                                      Year      POLICE
                                      2027       (6.2)
                                      2028       (6.3)
                                      2029       (6.8)
                                      2030       (7.2)
                                      2031       (7.6)
                                      2032       (8.0)
                                      2033       (8.3)
                                      2034       (8.6)
                                      2035       (8.8)
                                      2036       (9.0)
                                      2037       (9.2)
                                      2038       (9.5)
                                      2039       (6.3)
                                      2040       (6.6)
                                      2041       (6.8)
                                      2042       (7.0)
                                      2043       (7.3)
                                      2044       (7.7)
                                      2045       (8.1)
                                      2046       (8.5)
                                      2047       (8.8)
                                      2048       (9.1)
                                      2049       (9.4)
                                      2050       (9.8)
                                      2051      (10.3)
 
           Projected  contributions  include  future  new  hires  that  may   be
           impacted.   For Fiscal Year 2052 and beyond, the expected decrease in
           normal cost as a level percent of pay for impacted  new  entrants  is
           approximately  0.12%.    This  decrease  in projected costs is due to
           potentially larger benefits  paid  later  having  a  lower  actuarial
           impact than marginally smaller benefits paid earlier.
 
          The entire decrease in employer contributions will be allocated to New
        York City.

        A. 8178--B                          3

          PRESENT  VALUE  OF  BENEFITS:  The  Present  Value  of Benefits is the
        discounted expected value of benefits paid to  current  members  if  all
        assumptions are met, including future service accrual and pay increases.
        Future new hires are not included in this present value.
 
                  INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                           as of June 30, 2025 ($ in Millions)
 
                    Present Value (PV)                    POLICE
                    (1) PV of Employer Contributions:     (30.8)
                    (2) PV of Employee Contributions:       0.8
                    Total PV of Benefits (1) + (2):       (30.0)
 
          UNFUNDED  ACCRUED  LIABILITY  (UAL): Actuarial Accrued Liabilities are
        the portion of the Present Value of Benefits allocated to past  service.
        Changes  in UAL were amortized over the expected remaining working life-
        time of those impacted using level dollar payments.
 
                        AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                                                           POLICE
                    Increase (Decrease) in UAL:           (26.3) M
                    Number of Payments:                      12
                    Amortization Payment:                  (3.4) M
 
          CENSUS DATA: The estimates presented herein are based  on  preliminary
        census  data  collected  as  of  June  30, 2025. The census data for the
        impacted population is summarized below.
 
                                                           POLICE
                    Active Members
                    - Number Count:                        33,915
                    - Average Age:                           37.0
                    - Average Service:                       10.6
                    - Average Salary:                     134,000

          IMPACT ON MANDATORY RETIREMENT: Currently, active Tier 2  members  who
        reach  the  age of 63 are generally required to retire provided that the
        member is eligible for retirement benefits. Active Tier  3  members  who
        reach  the  age  of  62  are generally required to retire, regardless of
        whether the member is  eligible  for  Normal  Service  Retirement.  Upon
        mandatory  retirement,  Tier 3 members can generally choose to collect a
        vested retirement benefit or, if eligible, a Service Retirement benefit.
        Members who retire without attaining 20 years of service are not  eligi-
        ble for Variable Supplements Fund (VSF) benefits.
          Under  the proposed legislation, members of POLICE would be allowed to
        continue working past age 62 or age 63 and would  instead  be  generally
        required to retire upon attaining age 65.
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of the impacted retirement systems. In addition:
          *  New  entrants were assumed to replace exiting members so that total
        payroll increases by 3% each year for impacted groups. New entrant demo-
        graphics were developed based on data for recent new hires and actuarial
        judgement.

        A. 8178--B                          4
 
          * For purposes of this Fiscal Note,  existing  assumption  tables  for
        service retirement, ordinary disability, accidental disability, ordinary
        death,  and  accidental  death  rates  have been extended to account for
        decrements at ages 63 through 65.
          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.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment  Benefits). This Fiscal Note does not reflect any chapter
        laws that may have been enacted during the current legislative session.
          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 2026-72 dated April 29,
        2026 was prepared by the Chief Actuary for the New York City  Retirement
        Systems  and  Pension Funds and is intended for use only during the 2026
        Legislative Session.
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