Establishes a defined contribution plan for all non-civil service appointees and elected officials of the New York state and local employees' retirement system who are not yet vested in a state retirement system or who are hired after the effective date of this section; authorizes elected officials to join such defined contribution plan; defines terms; provides for contributions to such defined contribution plan; authorizes the promulgation of any necessary rules and regulations.
STATE OF NEW YORK
________________________________________________________________________
5393
2019-2020 Regular Sessions
IN ASSEMBLY
February 11, 2019
___________
Introduced by M. of A. FITZPATRICK, HAWLEY, LALOR, BLANKENBUSH, FRIEND,
RAIA, DiPIETRO, TAGUE, BYRNES, SALKA -- Multi-Sponsored by -- M. of A.
CROUCH, JOHNS, LAWRENCE, MANKTELOW, PAULIN, SMULLEN, STEC -- read once
and referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
establishing a defined contribution plan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 618 to read as follows:
3 § 618. Defined contribution plan. 1. The defined contribution plan is
4 hereby established. The comptroller shall adopt rules and regulations
5 regarding the standards and requirements of the defined contribution
6 plan established pursuant to this section, including selection of finan-
7 cial organizations for investment purposes.
8 2. a. Notwithstanding any other provision of law, the defined
9 contribution plan shall be established for all non-civil service
10 appointed employees and elected officials employed by the state of New
11 York or any public employer which has elected to participate in the New
12 York state and local employees' retirement system.
13 b. The comptroller shall enter into written agreements with one or
14 more financial organizations to administer the defined contribution plan
15 for members and to invest funds held pursuant to such plan.
16 c. The rules and regulations promulgated by the comptroller shall
17 establish standards for the selection of financial organizations,
18 authorized to do business in this state, to participate in such plans,
19 including, but not limited to, the following criteria: (i) rates of
20 commission, brokerage and other fees, administrative expenses and
21 related service charges imposed by the financial organization; (ii)
22 variety of types of investment opportunities offered by the financial
23 organization and/or among the financial organizations selected and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05727-02-9
A. 5393 2
1 ability to transfer among such opportunities; (iii) the stability of the
2 financial organization as evidenced by experience, reputation, assets
3 and holdings, ability to guarantee specific rates of return; (iv) abili-
4 ty to comply with reporting requirements to the comptroller and to
5 participants in such a plan; and (v) such other factors which would be
6 considered by a prudent investor in such a plan.
7 d. The president of the state civil service commission, subject to the
8 rules and regulations of the comptroller, shall provide assistance to
9 any public employer as is appropriate to the provisions of this section.
10 3. A public employer shall contribute three percent of such affected
11 employee's annual salary towards such defined contribution plan. All
12 non-civil service appointed employees and elected officials are required
13 to contribute three percent of their salary towards the defined contrib-
14 ution plan. Such employees may contribute up to one hundred percent,
15 not to exceed sixteen thousand five hundred dollars of his or her salary
16 towards the defined contribution plan.
17 4. The term "financial organization" shall mean an organization
18 authorized to do business in the state of New York and (a) which is an
19 authorized fiduciary to act as a trustee pursuant to the provisions of
20 an act of congress entitled "Employee Retirement Income Security Act of
21 1974" as such provisions may be amended from time to time, or an insur-
22 ance company; and (b) (i) is licensed or chartered by the department of
23 financial services; (ii) is chartered by an agency of the federal
24 government; (iii) is subject to the jurisdiction and regulation of the
25 securities and exchange commission of the federal government; or (iv) is
26 any other entity otherwise authorized to act in this state as a trustee
27 pursuant to the provisions of an act of congress entitled "Employee
28 Retirement Income Security Act of 1974" as such provisions may be
29 amended from time to time.
30 5. The current retirement plans for non-civil service appointed
31 employees and elected officials shall be frozen as of the effective date
32 of this section. Non-civil service appointed employees and elected offi-
33 cials shall no longer contribute to their current retirement plan,
34 however, such persons shall receive the benefits they have accrued up to
35 the effective date of this section upon retirement. The membership of a
36 non-civil service appointed employee or elected official in any state
37 retirement system shall remain open if he or she becomes a member of the
38 defined contribution plan.
39 § 2. This act shall take effect on the first of the fiscal year next
40 succeeding the date on which it shall have become a law. Effective imme-
41 diately, the addition, amendment and/or repeal of any rule or regulation
42 necessary for the implementation of this act on its effective date are
43 authorized to be made and completed on or before such effective date.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would change the retirement plan coverage for certain exist-
ing and future elected officials and non-civil service appointees who
are employed by the State of New York or any public employer which
participates in the New York State and Local Employees' Retirement
System (NYS&LERS). Affected employees and their employers would be
required to contribute 3% of annual compensation to a defined contrib-
ution plan. The Comptroller shall select one or more financial organiza-
tions to administer the plan and to invest the funds held pursuant to
such plan. Pursuant to Chapter 18 of the Laws of 2012, participation is
currently optional in a defined contribution plan for non-union employ-
ees hired on or after July 1, 2013 whose salary is $75,000 or higher.
A. 5393 3
This legislation would freeze the benefit accruals of current affected
members in the NYS&LERS as of the effective date. If this becomes law,
this bill is likely to face a constitutional challenge based upon the
guarantee that a member's benefits may not be diminished or impaired.
If this bill is enacted, relatively few members would be affected, and
there would be a small administrative cost to the System.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
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 January 10, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-2222,
prepared by the Actuary for the New York State and Local Retirement
System.
