STATE OF NEW YORK
________________________________________________________________________
8941--A
2025-2026 Regular Sessions
IN ASSEMBLY
July 16, 2025
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees -- 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 retirement and social security law, in relation to
providing retirement credit to fire protection inspector members for a
child care leave of absence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 609 of the retirement and social security law is
2 amended by adding a new subdivision i to read as follows:
3 i. 1. Notwithstanding any other law or code provision that prohibits a
4 member from receiving retirement credit for any period during which the
5 member was absent on leave without pay, including but not limited to,
6 subdivision c of this section, any fire protection inspector member, as
7 defined in paragraph two of this subdivision, who is absent without pay
8 for a child care leave of absence pursuant to the terms of a collective
9 bargaining agreement covering the fire protection inspector member shall
10 be eligible for credit for such period of child care leave provided such
11 member files a claim for such service credit with the pension fund by
12 December thirty-first, two thousand twenty-six or within ninety days
13 following termination of the child care leave, whichever is later, and
14 contributes to the pension fund an amount which such member would have
15 contributed during the period of such child care leave, together with
16 interest thereon. Service credit provided pursuant to this subdivision
17 shall not exceed one year of credit for each period of authorized child
18 care leave.
19 2. For purposes of this subdivision, the term "fire protection inspec-
20 tor member" shall mean a member of the New York city employees' retire-
21 ment system who is employed by the city of New York or by the New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11197-08-6
A. 8941--A 2
1 city fire department in a title whose duties are those of a fire
2 protection inspector or associate fire protection inspector, or in a
3 title whose duties require the supervision of employees whose duties are
4 those of a fire protection inspector or associate fire protection
5 inspector.
6 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would permit Fire Protection
Inspectors of the New York City Employees' Retirement System (NYCERS) to
apply for and purchase up to one year of service credit for each period
of authorized unpaid childcare leave.
ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($)
Year One Year of One Year of Service
Service Purchased Purchased Per Year
2027 1,200 1,200
2028 1,200 2,500
2029 1,200 3,700
2030 1,200 5,100
2031 1,200 6,400
2032 1,200 7,800
2033 1,200 9,300
2034 1,200 10,800
2035 1,200 12,300
2036 1,200 13,900
2037 1,200 15,500
2038 1,200 17,200
2039 1,200 18,900
2040 1,200 20,700
2041 0 21,300
2042 0 22,000
2043 0 22,600
2044 0 23,300
2045 0 24,000
2046 0 24,700
2047 0 25,500
2048 0 26,200
2049 0 27,000
2050 0 27,800
2051 0 28,700
Employer contribution impact beyond Fiscal Year 2051 is not shown.
The potential increases in employer contributions will be allocated to
New York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($)
Present Value (PV) Per Year of Service
(1) PV of Employer Contributions: 10,200
A. 8941--A 3
(2) PV of Employee Contributions: 4,100
Total PV of Benefits (1) + (2): 14,300
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL per incident would be recognized as ongoing gain/loss.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
Recognized as Ongoing Gain/Loss Per Year of Service
Increase (Decrease) in UAL: 10,200
Number of Payments: 14
Amortization Payment: 1,200
CENSUS DATA: The number of members who will benefit in the future from
this proposed legislation is unknown. The estimates presented herein are
based on preliminary census data collected as of June 30, 2025. The
census data for the potentially impacted population used to develop the
average costs is summarized below.
NYCERS
Active Members
- Number Count: 362
- Average Age: 48.1
- Average Service (before purchase): 11.2
- Average Salary: 91,900
IMPACT ON MEMBER BENEFITS: Currently, Fire Protection Inspector
members of NYCERS are not able to purchase service credit for periods
while on authorized unpaid childcare leave.
Under the proposed legislation, Fire Protection Inspector members
would be eligible to purchase up to one year of service credit for each
period of authorized unpaid childcare leave, provided that they file a
claim within 90 days of the termination of such leave (or by December
31, 2026, if later) and pay the amount that would have been contributed
during such leave, with interest.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems.
The number of members who will benefit from this proposed legislation
is unknown. The cost of this proposed legislation could vary greatly
depending on the number of future members who benefit and on their
length of service, age, and salary history.
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
A. 8941--A 4
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 2026-82 dated May 8, 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.
