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A08593 Summary:

BILL NOA08593A
 
SAME ASNo Same As
 
SPONSORPheffer Amato
 
COSPNSRKassay, Stern, O'Pharrow
 
MLTSPNSR
 
Amd §1000, R & SS L
 
Increases the amount of years of military service credit a member may purchase from three years to four years; provides that the provisions of such act shall not be subject to the requirement that the state shall make an equal payment to the retirement system.
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A08593 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8593--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2025
                                       ___________
 
        Introduced  by  M. of A. PHEFFER AMATO, KASSAY, STERN, O'PHARROW -- read
          once and referred  to  the  Committee  on  Governmental  Employees  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the retirement and social security law, in  relation  to
          increasing the amount of years of military service credit a member may
          purchase
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 1000 of the retirement and  social
     2  security  law,  as amended by chapter 41 of the laws of 2016, is amended
     3  to read as follows:
     4    4. In no event shall the credit granted pursuant to this section, when
     5  added to credit granted for military service with any retirement  system
     6  of  this  state pursuant to this or any other provision of law, exceed a
     7  total of [three] four years.
     8    § 2. Subdivision 1 of section 1000 of the retirement and social  secu-
     9  rity  law,  as amended by chapter 585 of the laws of 2022, is amended to
    10  read as follows:
    11    1. A member, upon application to such retirement system, may obtain  a
    12  total  not  to  exceed  [three]  four  years of service credit for up to
    13  [three] four years of military duty, as defined in section  two  hundred
    14  forty-three  of  the  military  law,  if  the  member  (a) was honorably
    15  discharged from the military, or (b)  has  a  qualifying  condition,  as
    16  defined in section [three hundred fifty of the executive law] one of the
    17  veterans'  services  law,  and  has  received a discharge other than bad
    18  conduct or dishonorable from such service, or (c) is a  discharged  LGBT
    19  veteran,  as  defined  in  section [three hundred fifty of the executive
    20  law] one of the veterans' services law, and  has  received  a  discharge
    21  other than bad conduct or dishonorable from such service.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09124-03-6

        A. 8593--A                          2
 
     1    § 3. Notwithstanding any provision of law to the contrary, none of the
     2  provisions of this act shall be subject to the appropriation requirement
     3  of section 25 of the retirement and social security law.
     4    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend the retirement and social security law (RSSL) to
        allow  for  a member to obtain up to four years of service credit for up
        to four years of military duty if the member was  honorably  discharged.
        The  current maximum is three years of service credit. Members must have
        at  least  five  years  of  credited  service  (not  including  military
        service).    For  each year of additional service credit granted by this
        bill, Tier 1-5 members would be required to pay 3% member  contributions
        and Tier 6 would pay 6% member contributions.
          The provisions of section 25 of the RSSL shall not apply.
          Insofar  as  this bill affects the New York State and Local Employees'
        Retirement System (NYSLERS), the increased costs would be shared by  all
        participating employers in NYSLERS. We estimate the past service cost as
        a  percentage  of  an  affected  member's  compensation for each year of
        service credit that is purchased will be:
                                    Tiers 1-4      Tier 5         Tier 6
          Age-Based Plans:             23%           17%            14%
          Service-Based Plans:         23%           23%            20%
          Insofar as this bill affects the New York State and Local  Police  and
        Fire  Retirement  System (NYSLPFRS), the increased costs would be shared
        by all participating employers in NYSLPFRS. We estimate  that  the  past
        service  cost  will  be  28%  (25%  for  Tier 6) of an affected member's
        compensation for each year of service credit that is purchased.
          Further, we anticipate additional administrative  costs  to  implement
        the provisions of this legislation.
          The  exact  number  of  current  members as well as future members who
        could be affected by this  legislation  cannot  be  readily  determined.
        Through  December 31, 2025, approximately 12,900 members purchased mili-
        tary service credit pursuant to Chapter 41 of the Laws of 2016,  with  a
        total cost of approximately $469 million. It is estimated that, had this
        proposal been law since 2016, approximately 8,600 of these members could
        have  purchased  a  fourth  year of military service credit for an addi-
        tional cost of approximately $132 million.
          Summary of relevant resources:
          Membership data as of March 31, 2025 was used to measure the impact of
        the bill, the same data used in the Actuarial Valuations dated April  1,
        2025. Distributions and other statistics can be found in the 2025 Report
        of  the  Actuary and the 2025 Annual Comprehensive Financial Report. The
        actuarial assumptions and methods used are described in the 2025  Annual
        Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
        and  Regulations  of  the State of New York: Audit and Control. The fair
        value of assets and GASB disclosures can be found in the 2025  Financial
        Statements and Supplementary Information.
          Assumptions,  demographics,  and  other  considerations  may have been
        modified to better reflect specific provisions of any  proposed  benefit
        change(s).
          This  fiscal note does not constitute a legal opinion on the viability
        of the bill, nor is it intended to serve as a substitute for the profes-
        sional judgment of an attorney.
          This estimate, dated February 4,  2026,  and  intended  for  use  only
        during  the  2026 Legislative Session, is Fiscal Note Number 2026-39. As
        Chief Actuary  of  the  New  York  State  and  Local  Retirement  System

        A. 8593--A                          3
 
        (NYSLRS),  I,  Aaron  Schottin  Young, hereby certify that this analysis
        complies with applicable Actuarial Standards of Practice as well as  the
        Code  of  Professional Conduct and Qualification Standards for Actuaries
        Issuing Statements of Actuarial Opinion of the American Academy of Actu-
        aries,  of  which  I  am  a  member.  I am a member of NYSLRS but do not
        believe it impairs my objectivity.
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