STATE OF NEW YORK
________________________________________________________________________
9069
IN SENATE
January 28, 2026
___________
Introduced by Sens. JACKSON, CHAN, HARCKHAM, MATTERA, PALUMBO, SKOUFIS
-- read twice and ordered printed, and when printed to be committed to
the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
providing for the transfer of service credit between certain retire-
ment systems
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 446 of the retirement and social
2 security law, as amended by chapter 426 of the laws of 1974 and as
3 relettered by chapter 465 of the laws of 1980, is amended to read as
4 follows:
5 c. Creditable service.
6 1. A member of a retirement system who is subject to the provisions of
7 this article shall not be eligible to obtain retirement credit for
8 service with a public employer other than the state of New York, a poli-
9 tical subdivision thereof, a public benefit corporation, or a partic-
10 ipating employer; provided, however, military service with the federal
11 government may be credited pursuant to section two hundred forty-three
12 of the military law up to a maximum of four years; and further provided
13 that retirement credit may be granted for service with an agency located
14 within the state of New York currently specified in the law as providing
15 retirement credit for service.
16 2. (a) Notwithstanding any other provision of law to the contrary, a
17 member of the New York city police pension fund subject to this article
18 shall be eligible to obtain credit for any period of service rendered as
19 an assistant district attorney of a county within the city of New York
20 and/or as an examining attorney for the New York city commission to
21 combat police corruption which precedes service in the uniformed force
22 of the New York city police department, and such service shall be deemed
23 to be in service of the uniformed force of the New York city police
24 department for purposes of eligibility for benefits and to determine the
25 amount of benefits under the New York city police pension fund, provided
26 that such member pays or transfers into the New York city police pension
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04861-05-6
S. 9069 2
1 fund all member contributions set forth in this article plus interest,
2 at a rate of five percent per annum.
3 (b) For a member who transfers such contributions from the New York
4 city employees' retirement system to the New York city police pension
5 fund or for a member who withdraws such contributions from the New York
6 city employees' retirement system, such member's membership in the New
7 York city employees' retirement system shall cease upon such transfer or
8 withdrawal and such member shall retain no credited service in such
9 system.
10 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would deem certain prior service
rendered as an assistant district attorney or examining attorney for the
NYC Commission to Combat Police Corruption as uniformed service for
purposes of determining the eligibility and amount of POLICE retirement
benefits for Tier 2 members.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($)
Year POLICE
2027 333,000
2028 308,000
2029 (56,000)
2030 (65,000)
2031 (72,000)
2032 (78,000)
2033 (83,000)
2034 (88,000)
2035 (92,000)
2036 (70,000)
2037 (40,000)
2038 (31,000)
2039 (22,000)
2040 (11,000)
2041 0
2042 0
2043 0
2044 0
2045 0
2046 0
2047 0
2048 0
2049 0
2050 0
2051 0
Employer contribution impact beyond Fiscal Year 2051 is not shown.
The entire increase in employer contributions will be allocated to New
York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
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INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($)
Present Value (PV) POLICE
(1) PV of Employer Contributions: 141,000
(2) PV of Employee Contributions: (1,000)
Total PV of Benefits (1) + (2): 140,000
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
POLICE
Increase (Decrease) in UAL: 622,000
Number of Payments: 2
Amortization Payment: 356,000
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for the
impacted population is summarized below.
POLICE
Active Members
- Number Count: 1
- Average Age: 49.0
- Average Current Uniform Service: 11.0
- Average Eligible Attorney Service: 10.0
- Average Salary: 170,200
For purposes of this Fiscal Note and based on the limited set of
historical data available, we have identified one Tier 2 POLICE member
who would be impacted by the proposed legislation. To the extent that
there are additional impacted members, the costs of this proposed legis-
lation would be larger than those disclosed in this Fiscal Note.
IMPACT ON MEMBER BENEFITS: Currently, Tier 2 members of POLICE receive
a benefit based on 75% of 1/60th times the member’s average earnings
over their last five years of service for each year of non-uniformed
civilian service, such as prior attorney service.
Under the proposed legislation, periods of qualifying prior non-uni-
formed service rendered as either an assistant district attorney of a
county within NYC or as an examining attorney for the NYC Commission to
Combat Police Corruption, that are purchased or transferred into POLICE
will be classified as Allowable Service in the police force. Such
service would therefore be included in the minimum service required for
eligibility and payment of an unreduced service retirement benefit for
eligible Tier 2 members.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
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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 2026-03 dated January 27,
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.
