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S07114 Summary:

BILL NOS07114A
 
SAME ASNo Same As
 
SPONSORSCARCELLA-SPANTON
 
COSPNSRASHBY, COONEY, GRIFFO, JACKSON, RHOADS, SKOUFIS
 
MLTSPNSR
 
Amd §1000, R & SS L
 
Relates to obtaining military credit for members of the New York state and local police and fire retirement system, the New York city police pension fund, and the New York city fire pension fund; provides that the calculation for military credit shall be equal to the product of the number of years of military service being claimed and three percent of such member's compensation earned during the twelve months of credited service.
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S07114 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7114--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 1, 2025
                                       ___________
 
        Introduced  by  Sens. SCARCELLA-SPANTON, ASHBY, COONEY, GRIFFO, JACKSON,
          RHOADS, SKOUFIS -- read twice and ordered printed, and when printed to
          be committed to the Committee on Civil Service and Pensions --  recom-
          mitted  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
          obtaining military service credit for members of the  New  York  state
          and  local police and fire retirement system, the New York city police
          pension fund, and the New York city fire pension fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 9 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    9.  (a)  Anything to the contrary in subdivision three of this section
     5  notwithstanding, to obtain such credit,  a  member  who  first  joins  a
     6  public retirement system of the state on or after April first, two thou-
     7  sand  twelve  shall  pay such retirement system, for deposit in the fund
     8  used to accumulate employer contributions, a sum equal to the product of
     9  the number of years of military service being claimed and six percent of
    10  such member's compensation earned during the twelve months  of  credited
    11  service  immediately preceding the date that the member made application
    12  for credit pursuant to this section.
    13    (b) Beginning with applications received by members of  the  New  York
    14  state  and  local  police  and fire retirement system, the New York city
    15  police pension fund, and the New York city  fire  pension  fund  on  and
    16  after April first, two thousand twenty-six, for members who first become
    17  members  of  the  New  York  state  and local police and fire retirement
    18  system, the New York city police pension fund, and  the  New  York  city
    19  fire  pension fund on or after April first, two thousand twelve, the sum
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08377-05-6

        S. 7114--A                          2
 
     1  required in paragraph (a) of this subdivision  shall  be  equal  to  the
     2  product  of  the  number  of years of military service being claimed and
     3  three percent of such member's compensation  earned  during  the  twelve
     4  months  of  credited  service  immediately preceding the date the member
     5  made application pursuant to this section.
     6    § 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
        Retirement  Systems  and Pension Funds (NYCRS), would reduce the cost of
        purchasing pre-membership military service for Tier 3 members of  POLICE
        and  FIRE  who joined on or after April 1, 2012, from 6% of compensation
        per year of military service to 3% of compensation per year of  military
        service.
 
              ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                 by Fiscal Year for the first 25 years ($ in Thousands)
             Year       Per One Year of            Per One Year of Service
                       Service Purchased             Purchased per Year
             2027              400                            400
             2028              400                            800
             2029              400                          1,200
             2030              400                          1,600
             2031              400                          2,000
             2032              400                          2,500
             2033              400                          2,900
             2034              400                          3,400
             2035              400                          3,900
             2036              400                          4,400
             2037              400                          4,900
             2038              400                          5,400
             2039              400                          5,900
             2040              400                          6,500
             2041                0                          6,700
             2042                0                          6,900
             2043                0                          7,100
             2044                0                          7,300
             2045                0                          7,500
             2046                0                          7,800
             2047                0                          8,000
             2048                0                          8,200
             2049                0                          8,500
             2050                0                          8,700
             2051                0                          9,000
           Employer contribution impact beyond Fiscal Year 2051 is not shown.
 
        The  potential  increases  in employer contribution 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 One Year of
                                                Service Purchased

        S. 7114--A                          3
 
          (1) PV of Employer Contributions:                3,200
          (2) PV of Employee Contributions:               (4,100)
          Total PV of Benefits (1) + (2):                   (900)
 
        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 One Year of
                                                     Service Purchased
               Increase (Decrease) in UAL:                      3,200
               Number of Payments:                                 14
               Amortization Payment:                              400
 
        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:             15,397
                         - Average Age:                35.7
                         - Average Service:             9.0
                         - Average Salary:          145,000
 
        IMPACT ON MILITARY BUYBACK CONTRIBUTIONS: Currently, Tier 3  members  of
        POLICE  and FIRE who joined on or after April 1, 2012 must pay 6% of the
        compensation earned during the twelve months of  service  preceding  the
        application  date  for each year of pre-membership military service they
        want to purchase (up to three years).
        The proposed legislation would reduce the required  contribution  to  3%
        for each year of pre-membership military service, effective for applica-
        tions made on or after April 1, 2026.
        ASSUMPTIONS AND METHODS: The estimates presented herein have been calcu-
        lated 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 purchase military  buyback
        service, and on their 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 Zelikovsky
        are  members  of  the  Society  of Actuaries and the American Academy of

        S. 7114--A                          4
 
        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 2026-75 dated May  4,  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.
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