Relates to increasing the base benefit amount for computation of pension cost-of-living adjustments; provides that beginning in 2022 the base benefit amount shall be increased annually by a percentage as determined annually by reference to the consumer price index.
STATE OF NEW YORK
________________________________________________________________________
7273
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law and the education
law, in relation to increasing the base benefit amount for computation
of pension cost-of-living adjustments
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 78-a of the retirement and social
2 security law, as added by chapter 125 of the laws of 2000, is amended to
3 read as follows:
4 c. Said cost-of-living adjustment shall be computed on a base benefit
5 amount not to exceed eighteen thousand dollars of the annual retirement
6 allowance defined in subdivision b of this section. Effective on the
7 first day of September, two thousand twenty-one, the cost-of-living
8 adjustment shall be computed on a base benefit amount not to exceed
9 twenty-one thousand dollars of the annual retirement allowance defined
10 in subdivision b of this section. Effective on the first day of Septem-
11 ber, two thousand twenty-two, and annually thereafter, the base benefit
12 amount shall be increased annually by a percentage as determined annual-
13 ly by reference to the consumer price index (all urban consumers, CPI-U,
14 U.S. city average, all items, 1982-84=100), published by the United
15 States bureau of labor statistics, for each applicable calendar year.
16 Said percentage increase shall equal fifty percent of the annual
17 inflation, as determined from the increase in the consumer price index
18 in the one year period ending on the March thirty-first prior to the
19 base benefit amount increase effective on the ensuing September first.
20 Said percentage shall then be rounded up to the next higher one-tenth of
21 one percent and shall not exceed three percent nor be less than one
22 percent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09712-02-9
A. 7273 2
1 § 2. Subdivision c of section 378-a of the retirement and social secu-
2 rity law, as added by chapter 125 of the laws of 2000, is amended to
3 read as follows:
4 c. Said cost-of-living adjustment shall be computed on a base benefit
5 amount not to exceed eighteen thousand dollars of the annual retirement
6 allowance defined in subdivision b of this section. Effective on the
7 first day of September, two thousand twenty-one, the cost-of-living
8 adjustment shall be computed on a base benefit amount not to exceed
9 twenty-one thousand dollars of the annual retirement allowance defined
10 in subdivision b of this section. Effective on the first day of Septem-
11 ber, two thousand twenty-two, and annually thereafter, the base benefit
12 amount shall be increased annually by a percentage as determined annual-
13 ly by reference to the consumer price index (all urban consumers, CPI-U,
14 U.S. city average, all items, 1982-84=100), published by the United
15 States bureau of labor statistics, for each applicable calendar year.
16 Said percentage increase shall equal fifty percent of the annual
17 inflation, as determined from the increase in the consumer price index
18 in the one year period ending on the March thirty-first prior to the
19 base benefit amount increase effective on the ensuing September first.
20 Said percentage shall then be rounded up to the next higher one-tenth of
21 one percent and shall not exceed three percent nor be less than one
22 percent.
23 § 3. Subdivision c of section 532-a of the education law, as added by
24 chapter 125 of the laws of 2000, is amended to read as follows:
25 c. Said cost-of-living adjustment shall be computed on a base benefit
26 amount not to exceed eighteen thousand dollars of the annual retirement
27 allowance defined in subdivision b of this section. Effective on the
28 first day of September, two thousand twenty-one, the cost-of-living
29 adjustment shall be computed on a base benefit amount not to exceed
30 twenty-one thousand dollars of the annual retirement allowance defined
31 in subdivision b of this section. Effective on the first day of Septem-
32 ber, two thousand twenty-two, and annually thereafter, the base benefit
33 amount shall be increased annually by a percentage as determined annual-
34 ly by reference to the consumer price index (all urban consumers, CPI-U,
35 U.S. city average, all items, 1982-84=100), published by the United
36 States bureau of labor statistics, for each applicable calendar year.
37 Said percentage increase shall equal fifty percent of the annual
38 inflation, as determined from the increase in the consumer price index
39 in the one year period ending on the March thirty-first prior to the
40 base benefit amount increase effective on the ensuing September first.
41 Said percentage shall then be rounded up to the next higher one-tenth of
42 one percent and shall not exceed three percent nor be less than one
43 percent.
44 § 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide an increase in the defined benefit cost-of-
living adjustment (COLA) for New York public retirement systems. Start-
ing with the payment in September 2021, the annual cost of living
adjustment will be computed on a base benefit amount not to exceed
$21,000. Starting with the payment in September 2022, the base benefit
will be increased annually by 50% of the annual consumer price index
rate of inflation not to exceed 3% or be less than 1%.
Insofar as this bill affects the New York State and Local Employees'
Retirement System, pursuant to Section 25 of the Retirement and Social
Security Law, the increased costs would be borne entirely by the State
of New York and would require an itemized appropriation sufficient to
A. 7273 3
pay the cost of the provision. If this bill were enacted, the increase
in the present value of benefits would be approximately $1.82 billion.
Insofar as this bill affects the New York State and Local Police and
Fire Retirement System (PFRS), the increased costs would be shared by
the State of New York and the participating employers in the PFRS. If
this bill were enacted, the increase in the present value of benefits
would be approximately $251 million. The estimated first year cost would
be approximately $6.1 million to the State of New York and approximately
$24.0 million to the participating employers in the PFRS.
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 February 21, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-72,
prepared by the Actuary for the New York State and Local Retirement
System.