STATE OF NEW YORK
________________________________________________________________________
4732--A
Cal. No. 986
2013-2014 Regular Sessions
IN SENATE
April 19, 2013
___________
Introduced by Sens. DeFRANCISCO, AVELLA, BALL -- read twice and ordered
printed, and when printed to be committed to the Committee on Civil
Service and Pensions -- recommitted to the Committee on Civil Service
and Pensions in accordance with Senate Rule 6, sec. 8 -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, passed by Senate and delivered to the
Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the retirement and social security law, in relation to
the employment of retired persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 212 of the retirement and social
2 security law, as amended by chapter 74 of the laws of 2006, is amended
3 to read as follows:
4 2. The earning limitations for retired persons in positions of public
5 service under this section shall be in accordance with the following
6 table:
7 For the year Earnings limitation
8 1996 $12,500
9 1997 $13,500
10 1998 $14,500
11 1999 $15,500
12 2000 $17,000
13 2001 $18,500
14 2002 $20,000
15 2003 $25,000
16 2004 $27,500
17 2005 and 2006 $27,500
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04719-07-4
S. 4732--A 2
1 2007 [and thereafter], $30,000
2 2008, 2009, 2010, 2011,
3 2012 and 2013
4 2014 and thereafter$32,500
5 § 2. This act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after January 1, 2014.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend Section 212 of the Retirement and Social Securi-
ty Law to set the amount a retired person may earn in public employment
without reduction in retirement allowance during the year 2014 and ther-
eafter, to $32,500.
If this bill is enacted, insofar as it would affect the New York State
and Local Employees' Retirement System and the New York State and Local
Police and Fire Retirement System, the resulting 8.3% increase over the
current $30,000 limit, in place since 2007, which is less than the
increase in the consumer price index over the same period would not
affect retirement patterns. Therefore, there will be no additional cost.
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, 2013 actuarial valu-
ation. Distributions and other statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013 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, 2013
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 estimate, dated November 15, 2013 and intended for use only
during the 2014 Legislative Session, is Fiscal Note No. 2014-31,
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
PROVISIONS OF PROPOSED LEGISLATION: With respect to the New York City
Retirement Systems ("NYCRS"), this proposed legislation would amend
Retirement and Social Security Law ("RSSL") Section 212 to increase the
earnings limit of certain members who have returned to employment in
Public Service.
The Effective Date of the proposed legislation would be the date of
enactment retroactive to January 1, 2014.
IMPACT ON BENEFITS: Retired members of the NYCRS are permitted to
return to employment in "Public Service" where such term means employ-
ment in the service of New York State ("NYS") or any of its political
divisions including:
* A special district,
* District corporation,
* School district,
* Board of cooperative educational services,
* County vocational education and extension board,
* Public benefit corporation,
* Public authority created by or pursuant to NYS laws, or
S. 4732--A 3
* An agency or organization which contributes as a participating
employer in a retirement system or pension plan administered by NYS or
any of its political subdivisions.
Retirees who return to Public Service and elect to be covered under
the provisions of RSSL Section 212 are permitted to earn in a calendar
year an amount not exceeding a specific dollar limit without loss,
suspension or diminution of their retirement allowances. Once a retiree
attains age 65 in a calendar year, there are no earnings limitations in
that calendar year or thereafter. Currently, the dollar limitation in
effect for Calendar Year 2007 and thereafter is $30,000.
Under the proposed legislation, the dollar limitation would be
increased to $32,500 for Calendar Year 2014 and thereafter.
FINANCIAL IMPACT - EMPLOYER COST: The ultimate cost of a pension plan
is the benefits it pays.
To the extent the current RSSL Section 212 earnings limitation applies
in Calendar Years 2014 and later, certain retirees would have their
retirement allowances suspended for the remainder of the calendar year
in which their earnings in Public Service exceed that earnings limita-
tion.
Enactment of the proposed legislation would raise the amount that
could be earned in Public Service. This would result in a slight
increase in benefits paid to retirees where their Public Service earn-
ings exceed the current RSSL Section 212 earnings limitation.
If a definite amount of change to the expected retirement allowances
to be paid in a calendar year were known, it would be reflected in the
fiscal year the legislation were enacted.
However, a change in the applicable retirement allowances paid to
NYCRS retired members in a calendar year under this proposed legislation
are not known in advance. These changes would be treated as actuarial
experience gains/losses recognized in the assets of the respective NYCRS
at the end of that fiscal year (i.e., a change in retirement allowances
paid during Calendar Year 2014 would be reflected in the NYCRS assets as
of June 30, 2015).
Under the Lag actuarial valuation methodology, adjustments in the June
30, 2015 asset values would first impact employer contributions to the
respective NYCRS for Fiscal Year 2017.
For those NYCRS reemployed retirees who have elected to become subject
to RSSL Section 212 and who have exceeded the limit, the Actuary esti-
mates that the annual potential impact of the proposed legislation would
be to increase payouts from the NYCRS by less than $125,000 and, over-
all, there would be a de minimis impact on the retirement allowances
otherwise payable.
FINANCIAL IMPACT: EMPLOYER CONTRIBUTIONS: If enacted during the 2014
Legislative Session, the impact on employer costs to the NYCRS would
begin Fiscal Year 2017.
Overall, the Actuary believes the changes in employer costs and
employer contributions to the NYCRS as a result of enactment of the
proposed legislation would be de minimis.
OTHER COSTS: Not measured in this Fiscal Note are any possible
increased administrative costs attributable to enactment of the proposed
legislation.
CENSUS DATA: For purposes of analyzing the impact of the proposed
legislation, data on retirees reemployed in Public Service were
furnished by the staffs of the NYCRS. This data was reviewed and consid-
ered illustrative of those who could potentially be impacted by the
proposed legislation. Where data was not final, a percentage of those
S. 4732--A 4
retirees employed in Public Service under age 65 were assumed to exceed
the RSSL Section 212 limit.
Table 1
NYCRS Retirees Reemployed in Public Service in 2013
Who Elected to be Subject to
RSSL Section 212
Retirement System{1} Number Reemployed Number Reemployed Under
Under Age 65 Age 65 with
Any Earnings Earnings in Excess
of $30,000
NYCERS 282 40
TRS 3,065 11
BERS 20{2} 2
POLICE 233 13
FIRE 7 2{2}
Total 3,607 68
{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 Fire Department Pension Fund ("FIRE")
{2} Estimated from information furnished.
ACTUARIAL ASSUMPTIONS AND METHODS: Any changes in employer contrib-
utions have been estimated based on the actuarial assumptions and meth-
ods used in the June 30, 2013 (Lag) actuarial valuations of the NYCRS.
For purposes of analyzing the impact of the proposed legislation, it
was assumed that the current number of reemployed NYCRS retirees in
Public Service under age 65 earning in excess of the RSSL Section 212
dollar limit would remain constant over time.
It was also assumed that the earnings in Public Service of such reem-
ployed retirees would also exceed the proposed new RSSL Section 212
dollar limit by amounts comparable to those being earned in excess of
the current dollar limit.
Additional employer costs have been calculated using the actuarial
assumptions and methods currently in effect for the June 30, 2013 (Lag)
actuarial valuation of NYCRS to determine employer contributions for
Fiscal Year 2015.
STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief
Actuary for the New York City Retirement Systems. I am a Fellow of the
Society of Actuaries and a Member of the American Academy of Actuaries.
I meet the Qualification Standards of the American Academy of Actuaries
to render the actuarial opinion contained herein.
FISCAL NOTE IDENTIFICATION: This estimate is intended for use only
during the 2014 Legislative Session. It is Fiscal Note 2014-11, dated
April 3, 2014 prepared by the Chief Actuary for the New York City
Retirement Systems.
