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S06641 Summary:

BILL NOS06641A
 
SAME ASNo Same As
 
SPONSORGOUNARDES
 
COSPNSR
 
MLTSPNSR
 
Amd §208-f, Gen Muni L; amd §361-a, R & SS L
 
Increases certain special accidental death benefits for state and local retirement system members.
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S06641 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6641--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 19, 2025
                                       ___________
 
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the general municipal law and the retirement and  social
          security  law,  in relation to increasing the special accidental death
          benefit of certain deceased members
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  c  of section 208-f of the general municipal
     2  law, as amended by chapter 162 of the laws of 2024, is amended  to  read
     3  as follows:
     4    c.  Commencing  July first, two thousand [twenty-four] twenty-five the
     5  special accidental death benefit paid to  a  widow  or  widower  or  the
     6  deceased  member's  children under the age of eighteen or, if a student,
     7  under the age of twenty-three, if the widow or widower has died,  or  to
     8  the deceased member's parents if the member has no widow, widower, chil-
     9  dren  under  the  age of eighteen, or a student under the age of twenty-
    10  three, shall be escalated by adding thereto an additional percentage  of
    11  the  salary of the deceased member (as increased pursuant to subdivision
    12  b of this section) in accordance with the following schedule:
 
    13       calendar year of death
    14       of the deceased member              per centum
    15            1977 or prior                  [301.2%] 313.2%
    16            1978                           [289.5%] 301.2%
    17            1979                           [278.2%] 289.5%
    18            1980                           [267.1%] 278.2%
    19            1981                           [256.5%] 267.1%
    20            1982                           [246.1%] 256.5%
    21            1983                           [236.0%] 246.1%

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10050-03-5

        S. 6641--A                          2
 
     1            1984                           [226.2%] 236.0%
     2            1985                           [216.7%] 226.2%
     3            1986                           [207.5%] 216.7%
     4            1987                           [198.5%] 207.5%
     5            1988                           [189.8%] 198.5%
     6            1989                           [181.4%] 189.8%
     7            1990                           [173.2%] 181.4%
     8            1991                           [165.2%] 173.2%
     9            1992                           [157.5%] 165.2%
    10            1993                           [150.0%] 157.5%
    11            1994                           [142.7%] 150.0%
    12            1995                           [135.7%] 142.7%
    13            1996                           [128.8%] 135.7%
    14            1997                           [122.1%] 128.8%
    15            1998                           [115.7%] 122.1%
    16            1999                           [109.4%] 115.7%
    17            2000                           [103.3%] 109.4%
    18            2001                            [97.4%] 103.3%
    19            2002                            [91.6%] 97.4%
    20            2003                            [86.0%] 91.6%
    21            2004                            [80.6%] 86.0%
    22            2005                            [75.4%] 80.6%
    23            2006                            [70.2%] 75.4%
    24            2007                            [65.3%] 70.2%
    25            2008                            [60.5%] 65.3%
    26            2009                            [55.8%] 60.5%
    27            2010                            [51.3%] 55.8%
    28            2011                            [46.9%] 51.3%
    29            2012                            [42.6%] 46.9%
    30            2013                            [38.4%] 42.6%
    31            2014                            [34.4%] 38.4%
    32            2015                            [30.5%] 34.4%
    33            2016                            [26.7%] 30.5%
    34            2017                            [23.0%] 26.7%
    35            2018                            [19.4%] 23.0%
    36            2019                            [15.9%] 19.4%
    37            2020                            [12.6%] 15.9%
    38            2021                             [9.3%] 12.6%
    39            2022                             [6.1%] 9.3%
    40            2023                             [3.0%] 6.1%
    41            2024                             [0.0%] 3.0%
    42            2025                                    0.0%
    43    § 2. Subdivision c of section 361-a of the retirement and social secu-
    44  rity  law,  as amended by chapter 162 of the laws of 2024, is amended to
    45  read as follows:
    46    c. Commencing July first, two thousand [twenty-four]  twenty-five  the
    47  special  accidental  death  benefit  paid  to  a widow or widower or the
    48  deceased member's children under the age of eighteen or, if  a  student,
    49  under  the  age of twenty-three, if the widow or widower has died, shall
    50  be escalated by adding thereto an additional percentage of the salary of
    51  the deceased member, as increased pursuant  to  subdivision  b  of  this
    52  section, in accordance with the following schedule:
 
    53       calendar year of death
    54       of the deceased member              per centum
    55            1977 or prior                    [301.2%] 313.2%

        S. 6641--A                          3
 
     1            1978                             [289.5%] 301.2%
     2            1979                             [278.2%] 289.5%
     3            1980                             [267.1%] 278.2%
     4            1981                             [256.5%] 267.1%
     5            1982                             [246.1%] 256.5%
     6            1983                             [236.0%] 246.1%
     7            1984                             [226.2%] 236.0%
     8            1985                             [216.7%] 226.2%
     9            1986                             [207.5%] 216.7%
    10            1987                             [198.5%] 207.5%
    11            1988                             [189.8%] 198.5%
    12            1989                             [181.4%] 189.8%
    13            1990                             [173.2%] 181.4%
    14            1991                             [165.2%] 173.2%
    15            1992                             [157.5%] 165.2%
    16            1993                             [150.0%] 157.5%
    17            1994                             [142.7%] 150.0%
    18            1995                             [135.7%] 142.7%
    19            1996                             [128.8%] 135.7%
    20            1997                             [122.1%] 128.8%
    21            1998                             [115.7%] 122.1%
    22            1999                             [109.4%] 115.7%
    23            2000                             [103.3%] 109.4%
    24            2001                              [97.4%] 103.3%
    25            2002                              [91.6%] 97.4%
    26            2003                              [86.0%] 91.6%
    27            2004                              [80.6%] 86.0%
    28            2005                              [75.4%] 80.6%
    29            2006                              [70.2%] 75.4%
    30            2007                              [65.3%] 70.2%
    31            2008                              [60.5%] 65.3%
    32            2009                              [55.8%] 60.5%
    33            2010                              [51.3%] 55.8%
    34            2011                              [46.9%] 51.3%
    35            2012                              [42.6%] 46.9%
    36            2013                              [38.4%] 42.6%
    37            2014                              [34.4%] 38.4%
    38            2015                              [30.5%] 34.4%
    39            2016                              [26.7%] 30.5%
    40            2017                              [23.0%] 26.7%
    41            2018                              [19.4%] 23.0%
    42            2019                              [15.9%] 19.4%
    43            2020                              [12.6%] 15.9%
    44            2021                               [9.3%] 12.6%
    45            2022                               [6.1%] 9.3%
    46            2023                               [3.0%] 6.1%
    47            2024                               [0.0%] 3.0%
    48            2025                                      0.0%
    49    § 3. This act shall take effect July 1, 2025.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would amend both the General Municipal Law and the Retire-
        ment and Social Security Law to increase the salary used in the computa-
        tion of the special accidental death benefit by three percent  in  cases
        where the date of death was before calendar year 2025.
          Insofar  as  this bill affects the New York State and Local Police and
        Fire Retirement System (NYSLPFRS), the increased costs would  be  shared

        S. 6641--A                          4

        by  the  State  of  New  York  and  the local participating employers in
        NYSLPFRS. If this bill were enacted during the 2025 Legislative Session,
        the increase in the present value of  benefits  would  be  approximately
        $9.11 million.
 
         NYSLPFRS                  Increase in present    Increase in required
                                    value of benefits        contributions
 
         Pensioners                     $ 9.1 mn               $ 0.0 mn
         Actives Tiers 1-5 (Closed)     $ 0.0 mn               $ 3.7 mn
         Actives Tier 6 (Open)          $ 0.0 mn               $ 5.4 mn
           Total                        $ 9.1 mn               $ 9.1 mn
 
          In NYSLPFRS, this benefit improvement will be funded by increasing the
        billing  rates charged annually to cover both retrospective and prospec-
        tive benefit increases. The annual contribution required of all  partic-
        ipating  employers  in NYSLPFRS is 0.02% of billable salary, or approxi-
        mately $170,000  to  the  State  of  New  York  and  $750,000  to  local
        participating  employers. This permanent annual cost will vary in subse-
        quent billing cycles with changes in the billing rate and salary of  the
        members in NYSLPFRS.
          Summary of relevant resources:
          Membership  data as of March 31, 2024 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2024 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
        Report.  The actuarial assumptions and methods used are described in the
        2024 Annual Report to the Comptroller on Actuarial Assumptions, and  the
        Codes,  Rules  and  Regulations  of  the  State  of  New York: Audit and
        Control. The Market Assets and GASB Disclosures are found in  the  March
        31, 2024 New York State and Local Retirement System Financial Statements
        and Supplementary Information.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate, dated March 12, 2025, and intended for use only during
        the 2025 Legislative Session, is Fiscal Note No. 2025-82. As Chief Actu-
        ary of the New York State and Local Retirement System, I, Aaron Schottin
        Young, hereby certify that this analysis complies with applicable  Actu-
        arial  Standards of Practice as well as the Code of Professional Conduct
        and Qualification Standards for Actuaries Issuing Statements of Actuari-
        al Opinion of the American Academy of Actuaries, of which I am a member.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation, as it relates to the New York City
        Retirement Systems and Pension Funds  (NYCRS),  would  increase  Special
        Accidental  Death  Benefits  (SADB) for Eligible Beneficiaries of former
        members of NYCRS who died due to an accident sustained in  the  perform-
        ance of duty.
 
                       EXPECTED IMPACT ON EMPLOYER CONTRIBUTIONS*
                  by Fiscal Year for the first 25 years ($ in Millions)
 
        Year        NYCERS          POLICE          FIRE           TOTAL
        2026           0.4             3.8           4.3             8.5
        2027           0.4             3.8           4.3             8.5
        2028           0.4             3.8           4.3             8.5

        S. 6641--A                          5

        2029           0.4             3.8           4.3             8.5
        2030           0.4             3.8           4.3             8.5
        2031           0.4             3.7           4.3             8.4
        2032           0.4             3.7           4.3             8.4
        2033           0.4             3.7           4.3             8.4
        2034           0.4             3.7           4.3             8.4
        2035           0.4             3.7           4.2             8.3
        2036           0.4             3.7           4.2             8.3
        2037           0.4             3.7           4.2             8.3
        2038           0.4             3.7           4.2             8.3
        2039           0.4             3.7           4.2             8.3
        2040           0.0             0.1           0.0             0.1
        2041           0.0             0.1           0.0             0.1
        2042           0.0             0.1           0.0             0.1
        2043           0.0             0.1           0.0             0.1
        2044           0.0             0.0           0.0             0.0
        2045           0.0             0.0           0.0             0.0
        2046           0.0             0.0           0.0             0.0
        2047           0.0             0.0           0.0             0.0
        2048           0.0             0.0           0.0             0.0
        2049           0.0             0.0           0.0             0.0
        2050           0.0             0.0           0.0             0.0
             *  The  costs  of  this  proposed  legislation  have  already  been
             accounted for and will not result in a further increase in employer
             contributions. The table  above  shows  the  expected  decrease  in
             employer contributions if the proposed legislation is not enacted.
 
          The initial impact on employer contributions of $8.50 million is esti-
        mated  to  be  $8.45 million for New York City and $0.05 million for the
        other obligors of NYCRS.
          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.
 
                       EXPECTED IMPACT ON ACTUARIAL PRESENT VALUES
                           as of June 30, 2024 ($ in Millions)
             Present Value (PV)                 NYCERS  POLICE  FIRE
             (1) PV of Employer Contributions:  3.4     31.9    36.0
             (2) PV of Employee Contributions:  0.0      0.0     0.0
             Total PV of Benefits (1) + (2):    3.4     31.9    36.0
 
          UNFUNDED ACCRUED LIABILITY (UAL): Actuarial  Accrued  Liabilities  are
        the  portion of the Present Value of Benefits allocated to past service.
        The decrease in expected pension payments due to  this  legislation  not
        passing would be treated as an actuarial gain.
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
                                                NYCERS  POLICE  FIRE
             Increase (Decrease) in UAL:        3.1M    30.6M   35.6M
             Number of Payments:                 14      14      14
             Amortization Payment:              0.4M    3.6M    4.2M
 
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30,  2024.  The  census  data  for  the
        impacted population is summarized below.

        S. 6641--A                          6
 
                                     NYCERS     POLICE      FIRE
             Active Members
             - Number Count:         18,418     33,803    10,691
             - Average Age:            41.9       37.5      40.7
             - Average Service:        11.3       11.1      13.7
             - Average Salary:      108,600    134,900   143,400
             Receiving Members
             - Number Count:             86        635       715
             - Average Age:            66.8       64.1      67.6
 
          IMPACT  ON  MEMBER  BENEFITS: The SADB cost-of-living adjustments have
        been passed by the legislature each  year.  Under  the  proposed  legis-
        lation,  an additional 3.0% of Final Salary would be applied to the SADB
        paid effective July 1, 2025.
          The SADB is paid to the deceased member's surviving spouse, if  alive.
        If  the  spouse  is  no  longer  alive, the SADB is paid to the deceased
        member's children until age eighteen or  until  age  twenty-three  if  a
        student.  If  neither  a spouse nor a dependent child is alive, the SADB
        may be paid to the member's parents or  certain  other  individuals,  if
        eligible.
          The  proposed  legislation  would  impact  the SADB payable to certain
        survivors of NYCERS, POLICE, and  FIRE  who  were  employed  in  certain
        uniformed positions of the following New York City employers:
           Police Department, Fire Department, Department of Sanitation, Housing
           Authority,  Transit  Authority,  Department of Correction, Health and
           Hospitals Corporation or New York City (as Emergency Medical  Techni-
           cian),  Triborough  Bridge  and  Tunnel  Authority (Bridge and Tunnel
           Position), or Sheriff's Department (as Deputy Sheriff).
          ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
        calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
        of the impacted retirement systems.
          Based on the historical  practice  of  providing  3.0%  Cost-of-Living
        Adjustments (COLAs) on the SADB each year, and the likelihood that COLAs
        will continue to be granted in the future, the Actuary currently assumes
        that  the  SADB  benefit  will continue to increase 3.0% per year in the
        future when determining NYCRS employer contributions.
          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.

        S. 6641--A                          7
 
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2025-38  dated  April  4,
        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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