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S04262 Summary:

BILL NOS04262
 
SAME ASSAME AS A05376
 
SPONSORJACKSON
 
COSPNSRADDABBO, BAILEY, BYNOE, CLEARE, HARCKHAM, LIU, PALUMBO, PERSAUD, RYAN C, SCARCELLA-SPANTON, STAVISKY
 
MLTSPNSR
 
Amd §14-114, NYC Ad Cd
 
Relates to promotions of police detectives, sergeants, and lieutenants for retirement purposes.
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S04262 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4262
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2025
                                       ___________
 
        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  promotions of police detectives, sergeants, and lieuten-
          ants for retirement purposes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  14-114 of the administrative code of the city of
     2  New York is amended by adding a new subdivision d to read as follows:
     3    d. (1) Notwithstanding any provision of law to the  contrary,  when  a
     4  detective,  sergeant, or lieutenant shall have accrued twenty-five years
     5  of uniformed service with the  New  York  city  police  department,  and
     6  retires in any such rank, they shall have five per centum of the highest
     7  grade  of  pay  under  the applicable collective bargaining agreement of
     8  such rank in which they retire, added to the applicable salary, used for
     9  the purposes of computing pension benefits under the plan in which  they
    10  are  enrolled  with the New York city police pension fund.  A member who
    11  receives an increase to their pension benefit under this paragraph shall
    12  not receive an additional increase under section 14-111 of this chapter;
    13  or
    14    (2) Notwithstanding any provision of  law  to  the  contrary,  when  a
    15  detective,  sergeant,  or  lieutenant shall have accrued thirty years of
    16  uniformed service with the New York city police department, and  retires
    17  in any such rank, they shall have ten per centum of the highest grade of
    18  pay under the applicable collective bargaining agreement of such rank in
    19  which they retire, added to the applicable salary, used for the purposes
    20  of  computing pension benefits under the plan in which they are enrolled
    21  with the New York city police pension fund.   A member who  receives  an
    22  increase to their pension benefit under this paragraph shall not receive
    23  an additional increase under section 14-111 of this chapter; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00082-03-5

        S. 4262                             2
 
     1    (3)  Notwithstanding  any  provision  of  law  to the contrary, when a
     2  detective, sergeant, or lieutenant shall have accrued thirty-five  years
     3  of  uniformed  service  with  the  New  York city police department, and
     4  retires in any such rank, they shall have  fifteen  per  centum  of  the
     5  highest  grade  of pay under the applicable collective bargaining agree-
     6  ment of such rank in which they retire, added to the applicable  salary,
     7  used  for  the  purposes of computing pension benefits under the plan in
     8  which they are enrolled with the New York city police pension fund.    A
     9  member  who  receives  an  increase  to their pension benefit under this
    10  paragraph shall not receive an additional increase under section  14-111
    11  of this chapter.
    12    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation, as it relates to the New York City
        Police  Pension Fund (POLICE), would increase the salary used for deter-
        mining pension benefits for Detectives, Sergeants, and  Lieutenants  who
        retire with at least 25 years of uniformed NYPD service.
                  EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)
 
                                 Year      POLICE
                                 2026         0.0
                                 2027         2.8
                                 2028         5.6
                                 2029         8.5
                                 2030        11.5
                                 2031        14.6
                                 2032        17.8
                                 2033        21.2
                                 2034        24.7
                                 2035        28.4
                                 2036        32.4
                                 2037        36.5
                                 2038        41.1
                                 2039        45.9
                                 2040        51.0
                                 2041        53.6
                                 2042        56.2
                                 2043        59.0
                                 2044        61.9
                                 2045        64.9
                                 2046        68.0
                                 2047        71.1
                                 2048        74.3
                                 2049        77.5
                                 2050        80.7
            Projected  contributions are based on historical experience for Tier
            2 members. Future retirement patterns may differ  due  to  a  larger
            impacted Tier 3 population (e.g., Tier 2 is expected to retire at 20
            years of service whereas Tier 3 is expected to retire at 25 years of
            service).
 
          The entire increase in employer contributions will be allocated to New
        York City.

        S. 4262                             3
 
          PRESENT VALUE OF BENEFITS: The Present Value of Benefits (PVFB) is the
        discounted  expected  value  of  benefits paid to current members if all
        assumptions are met, including future service accrual and pay increases.
          The enactment of this proposed legislation is expected to increase the
        PVFB  by  approximately  $23.3  million in the first year and every year
        thereafter. Each year's PVFB increase will depend on the actual  experi-
        ence  of benefiting retirees and will be recognized in the year benefits
        are first payable.
          UNFUNDED ACCRUED LIABILITY (UAL): Actuarial  Accrued  Liabilities  are
        the  portion of the Present Value of Benefits allocated to past service.
        For purposes of this Fiscal Note, changes in UAL were  amortized  as  an
        ongoing gain/loss using level dollar payments.

                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                                                          POLICE
                       Increase (Decrease) in UAL:        23.3 M
                       Number of Payments:                14
                       First-year Amortization Payment:   2.8 M
 
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30, 2024. The census  data  for  POLICE
        active members is summarized below.
 
                                                          POLICE
                       Active Members
                       - Number Count:                    33,803
                       - Average Age:                     37.5
                       - Average Service:                 11.1
                       - Average Salary:                  134,900
 
          The  salaries  used  in this analysis were provided by the Lieutenants
        Benevolent Association and are summarized below.
          o Detectives would use a highest grade of pay of $149,518
          o Sergeants would use a highest grade of pay of $149,519 based on  the
        salary provided and adjusted to reflect outstanding wage contracts
          o Lieutenants would use a highest grade of pay of $164,476
          Data  from  the  prior  ten  years of actuarial valuations was used to
        estimate the number of retirees who could potentially benefit from  this
        proposed legislation each year and is summarized below.
 
             Average Number Retired   Detectives  Sergeants  Lieutenants
                           per Year
             At least 25 but less
             than 30 years of service    129          73         51
             At least 30 but less
             than 35 years of service    38           23         20
             At least 35 years of
             service                     12           7          7

          IMPACT ON MEMBER BENEFITS: The proposed legislation would increase the
        applicable  salary used for computing pension benefits (Final Salary for
        Tier 2 members or Final Average Salary for Tier 3 members) who retire as
        a detective, sergeant, or lieutenant with at least 25 years of uniformed
        NYPD service.
          The increase in applicable salary would be equal to:

        S. 4262                             4
 
          o 5% for members with at least 25 years of service,  10%  for  members
        with  at  least 30 years of service, or 15% for members with at least 35
        years of service, multiplied by
          o  The highest grade of pay under the applicable collective bargaining
        agreement of the rank in which the member retires.
          For example, a Detective who retires with 32 years of  uniformed  NYPD
        service  would  receive  an increase in their annual pension of approxi-
        mately $7,476 (a 50% annual benefit of 10% multiplied  by  the  highest-
        grade  detective pay of $149,518). This additional benefit would then be
        subject to applicable Cost-of-Living or Escalation increases.
          Based on an estimate of the number of POLICE members who are  expected
        to  be  impacted  by  this  proposed legislation, the annual increase in
        POLICE pension benefits paid will be approximately $1.9 million  in  the
        first year and increase in every year thereafter.
          With  respect  to  an individual member, the impact on benefits due to
        this proposed legislation could vary greatly depending on  the  member's
        age, years of service, retirement cause, and Tier.
          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:
          o  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.
          o Future contribution impacts have been developed assuming a homogene-
        ous population and consistent retirement pattern.
          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 2025-04 dated January 31,
        2025 was prepared by the Chief Actuary for the New York City  Retirement
        Systems  and  Pension Funds and is intended for use only during the 2025
        Legislative Session.
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