A06914 Summary:
BILL NO | A06914A |
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SAME AS | SAME AS S04819-A |
  | |
SPONSOR | Rosenthal (MS) |
  | |
COSPNSR | Colton, Perry, Benedetto, Cusick |
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MLTSPNSR | |
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Amd S243-d, Mil L | |
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Relates to non-contributory retirement service credit for members of the New York city retirement systems called to military duty on or after September eleventh, two thousand one and prior to January first, two thousand six. |
A06914 Actions:
BILL NO | A06914A | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/24/2013 | referred to governmental employees | |||||||||||||||||||||||||||||||||||||||||||||||||
05/21/2013 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2013 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2013 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2013 | rules report cal.438 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2013 | ordered to third reading rules cal.438 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2014 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2014 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2014 | ordered to third reading cal.325 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2014 | committed to governmental employees | |||||||||||||||||||||||||||||||||||||||||||||||||
04/21/2014 | amend and recommit to governmental employees | |||||||||||||||||||||||||||||||||||||||||||||||||
04/21/2014 | print number 6914a | |||||||||||||||||||||||||||||||||||||||||||||||||
04/29/2014 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2014 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2014 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2014 | rules report cal.347 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2014 | ordered to third reading rules cal.347 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2014 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2014 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | SUBSTITUTED FOR S4819A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | 3RD READING CAL.1603 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2014 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
11/07/2014 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
11/07/2014 | signed chap.427 |
A06914 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
Yes
DenDekker
Yes
Heastie
Yes
Malliotakis
Yes
Ra
Yes
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
Yes
Markey
Yes
Rabbitt
Yes
Steck
Yes
Benedetto
Yes
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
Yes
Stevenson
Yes
Blankenbush
Yes
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
Yes
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
Yes
McLaughlin
Yes
Roberts
Yes
Tenney
Yes
Brennan
Yes
Farrell
Yes
Johns
Yes
Miller
ER
Robinson
Yes
Thiele
Yes
Brindisi
Yes
Finch
Yes
Jordan
Yes
Millman
Yes
Rodriguez
Yes
Titone
Yes
Bronson
Yes
Fitzpatrick
Yes
Katz
Yes
Montesano
Yes
Rosa
Yes
Titus
Yes
Brook-Krasny
Yes
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Buchwald
Yes
Gabryszak
AB
Kearns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
Yes
Gantt
Yes
Kim
Yes
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
Yes
Garbarino
Yes
Kolb
Yes
Nolan
Yes
Saladino
ER
Wright
Yes
Ceretto
Yes
Gibson
Yes
Lalor
Yes
Oaks
Yes
Santabarbara
Yes
Zebrowski
Yes
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Colton
ER
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Corwin
Yes
Goldfeder
Yes
Lopez
Yes
Palmesano
Yes
Sepulveda
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Curran
Yes
Hawley
ER
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
ER
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
ER
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
ER
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
Yes
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
ER
Butler
ER
Gantt
Yes
Lalor
Yes
O'Donnell
ER
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
ER
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
A06914 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6914--A 2013-2014 Regular Sessions IN ASSEMBLY April 24, 2013 ___________ Introduced by M. of A. ROSENTHAL, COLTON, PERRY, BENEDETTO -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the military law, in relation to non-contributory retirement service credit for members of the New York city retirement systems called to military duty on or after September eleventh, two thousand one The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 243-d of the military law, as added by chapter 326 2 of the laws of 2005, is amended to read as follows: 3 § 243-d. Non-contributory retirement service credit for members of the 4 New York state and local retirement systems, the New York city retire- 5 ment systems or the New York state teachers' retirement system called to 6 active military duty on or after September eleventh, two thousand one. 7 Notwithstanding any other provision of law, any member of the New York 8 state and local employees' retirement system, the New York city retire- 9 ment systems, the New York state and local police and fire retirement 10 system, or the New York state teachers' retirement system who is called 11 to active military duty on or after September eleventh, two thousand one 12 and prior to January first, two thousand six, who is not receiving his 13 or her full salary from a participating employer and is otherwise eligi- 14 ble to receive retirement service credit in such system for such active 15 military duty pursuant to section two hundred forty-two or two hundred 16 forty-three of this article, shall not be required to make member 17 contributions to receive such credit. 18 § 2. This act shall take effect immediately and shall be deemed to 19 have been in full force and effect on and after September 11, 2001. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05024-04-4A. 6914--A 2 FISCAL NOTE.-- PROVISIONS OF PROPOSED LEGISLATION: The proposed legis- lation would amend Military Law Section 243-d to provide non-contributo- ry retirement service credit for any member of the New York City Retire- ment Systems ("NYCRS") who was called to active military duty on or after September 11, 2001 and prior to January 1, 2006, who did not receive his or her full salary from a participating employer and who otherwise would be eligible to receive retirement service credit in the NYCRS for such active military service. Such member would not be required to make member contributions to receive such credit. It is the understanding of the Actuary that the time period for which such member was not receiving his or her full salary from a participat- ing employer would be the time period of such military service and not the time period after the return of such member to his or her employment with a participating employer of the NYCRS. The Effective Date of the proposed legislation would be the date of enactment and would be deemed to have been in full force and effect on and after September 11, 2001. FINANCIAL IMPACT - SUMMARY: Enactment of this proposed legislation would increase the Unfunded Actuarial Accrued Liability ("UAAL"), where such amount depends on the number of members affected and upon the amount of military service being credited as well as other character- istics including the age and salary history of the affected members. Assuming that these affected members would purchase this military service if this legislation were not enacted, the enactment of this proposed legislation for each member affected would be expected to result in an increase in the UAAL reflecting the impact of making such purchases non-contributory. Under Military Law Section 243, captioned "Provisions applicable to public employees who are absent on military duty," members who purchase such service would contribute such amount as he or she would have contributed had his or her employment been continuous. Under Military Law Section 244-a, captioned "Credit to members of public retirement systems for military service performed during war," members who purchase such service would pay in full the cost of such service (i.e., both the member cost and the employer cost). Under the Retirement and Social Security Law ("RSSL") Section 1000, captioned "Military service credit," members who purchase such service would contribute 3.0% of his or her compensation earned in the 12 months of credited service immediately preceding the date that the member purchases this service times the number of years of service being purchased. However, RSSL Section 1000 also provides that a member who has purchased military service pursuant to Military Law Section 244-a would be entitled to a refund of the difference between the amount paid by the member for such purchase and the amount that would be payable if service had been purchased under RSSL Section 1000. Thus, for purposes of this Fiscal Note, it has been assumed that the member would have purchased this service under RSSL Section 1000. Accordingly, the increase in the UAAL would be comparable to the value of member contributions of 3.0% of his or her compensation earned in the 12 months of credited service immediately preceding the date that the member purchases this service times the number of years of service being purchased. For purposes of amortization of the increase in UAAL, in accordance with Administrative Code of the City of New York ("ACNY") Section 13.638.2(k-2), the Actuary has roughly estimated the remaining workingA. 6914--A 3 lifetimes of those likely to utilize the provisions of the proposed legislation to be 10 years. Under the One-Year Lag Methodology ("OYLM") used to finance the NYCRS, an amortization period of 10 years would include nine annual payments beginning one year after the actuarial valuation date. The following Table summarizes the estimated financial impact of this proposed legislation on the NYCRS: Table 1 Estimated Financial Impact to Provide Non-Contributory Service Credit for Certain Members Called to Active Military Duty on and after September 11, 2001 and prior to January 1,2006 ($ Thousands) Estimated Increase in Unfunded Actuarial Estimated Additional Retirement System{1} Accrued Liability Annual Employer Costs{2} NYCERS $459.2 $72.9 TRS 0.0{3} 0.0{3} BERS 0.0{3} 0.0{3} POLICE 3,774.9 599.4 FIRE 490.9 77.9 Total $4,725.0 $750.2 {1} New York City Employees' Retirement System ("NYCERS") New York City Teachers' Retirement System ("TRS") New York City Board of Education Retirement System ("BERS") New York City Police Pension Fund ("POLICE") New York City Fire Department Pension Fund ("FIRE") {2} Based on an amortization period of 10 years (9 payments under OYLM). {3} De minimis. 1 Increases in employer contributions would be comparable to the 2 increases in employer costs. 3 If enacted during the 2014 Legislative Session and if these affected 4 members and their amounts of military service being credited were iden- 5 tified on or before June 30, 2014, this proposed legislation would be 6 expected to increase employer contributions to the NYCRS beginning 7 Fiscal Year 2016. 8 OTHER COSTS: The enactment of this proposed legislation would result 9 in some administrative expenses for the NYCRS. 10 CENSUS DATA: The calculation of estimated changes in UAAL, employer 11 costs and employer contributions presented herein is based upon data 12 provided by NYCERS, POLICE and FIRE. NYCERS reported that 179 members 13 were called to military duty between September 11, 2001 and December 31, 14 2005. POLICE provided data on 1,121 members who were called to military 15 service between September 11, 2001 and December 31, 2005 along with each 16 member's length of military service during that period and their rank 17 when called to duty. FIRE provided data on 185 members who were on mili- 18 tary service as of the end of each calendar year from 2001 through 2005 19 along with their salary at the time they were called to duty. Estimates 20 were made for similar information for TRS and BERS based on the data 21 received from the other systems. 22 STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief 23 Actuary for the New York City Retirement Systems. I am a Fellow of the 24 Society of Actuaries and a Member of the American Academy of Actuaries.A. 6914--A 4 1 I meet the Qualification Standards of the American Academy of Actuaries 2 to render the actuarial opinion contained herein. 3 FISCAL NOTE IDENTIFICATION: This estimate is intended for use only 4 during the 2014 Legislative Session. It is Fiscal Note 2014-10, dated 5 April 2, 2014 prepared by the Chief Actuary of the New York City Retire- 6 ment Systems.