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S06840 Summary:

BILL NOS06840A
 
SAME ASSAME AS A08593-A
 
SPONSORSCARCELLA-SPANTON
 
COSPNSRASHBY, COONEY, GRIFFO, HINCHEY, JACKSON, MARTINEZ, MATTERA, PALUMBO, SANDERS, SKOUFIS, TEDISCO, WEBER
 
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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S06840 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6840--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 25, 2025
                                       ___________
 
        Introduced  by  Sens. SCARCELLA-SPANTON, ASHBY, COONEY, GRIFFO, HINCHEY,
          JACKSON, MARTINEZ, MATTERA, PALUMBO, SANDERS, SKOUFIS, TEDISCO,  WEBER
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee  on  Civil  Service  and Pensions -- recommitted to the
          Committee on Civil Service and Pensions in accordance with Senate Rule
          6, sec. 8 -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09124-04-6

        S. 6840--A                          2

     1  law]  one  of  the  veterans' services law, and has received a discharge
     2  other than bad conduct or dishonorable from such service.
     3    § 3. Notwithstanding any provision of law to the contrary, none of the
     4  provisions of this act shall be subject to the appropriation requirement
     5  of section 25 of the retirement and social security law.
     6    § 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.

        S. 6840--A                          3
 
          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
        (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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