S08485 Summary:

BILL NOS08485B
 
SAME ASSAME AS A10716-B
 
SPONSORGOLDEN
 
COSPNSR
 
MLTSPNSR
 
Amd R & SS L, generally
 
Relates to the equalization of retirement benefits for police officers across New York state.
Go to top    

S08485 Actions:

BILL NOS08485B
 
05/09/2018REFERRED TO CIVIL SERVICE AND PENSIONS
05/30/20181ST REPORT CAL.1394
05/31/20182ND REPORT CAL.
06/04/2018AMENDED 8485A
06/04/2018ADVANCED TO THIRD READING
06/13/2018AMENDED ON THIRD READING 8485B
06/20/2018COMMITTED TO RULES
Go to top

S08485 Committee Votes:

Go to top

S08485 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S08485 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8485--B
            Cal. No. 1394
 
                    IN SENATE
 
                                       May 9, 2018
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- reported favorably from said committee, ordered to first and second
          report, amended on second report, ordered to a third reading,  and  to
          be  reprinted  as  amended,  retaining its place in the order of third
          reading -- again 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 equalization of retirement benefits for police officers across New
          York state
 
          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 500 of the retirement  and  social
     2  security  law, as amended by section 9-a of part A of chapter 504 of the
     3  laws of 2009, is amended to read as follows:
     4    c. If the comptroller certifies that the contribution rate under  this
     5  article  for  any  participating  employer  who  is participating on the
     6  effective date hereof would be at least one percent higher than the rate
     7  which would be applicable to  such  employer  for  an  employee  who  is
     8  subject  to  article  eleven  of this chapter and who was hired prior to
     9  July first, nineteen hundred seventy-six, the provisions of this article
    10  shall not apply with respect to such participating  employer,  provided,
    11  however  that members who first join the New York state and local police
    12  and fire retirement system on or after January first, two  thousand  ten
    13  and police/fire members, as that term is defined in section five hundred
    14  one  of  this  article,  who  have made an election to be subject to the
    15  provisions of article twenty-two of this chapter pursuant to subdivision
    16  b or c of section twelve hundred five of  this  chapter,  shall  not  be
    17  subject to the provisions of this article. In such event, the provisions
    18  of  article eleven and article twenty-two of this chapter shall continue
    19  to be applicable to such participating employer and  its  employees,  as
    20  provided  in  section  four  hundred fifty-one of this chapter. If, as a
    21  result of actuarial experience, such employer's contribution rate should
    22  increase to the extent that it is not at least one  percent  lower  than
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14770-15-8

        S. 8485--B                          2
 
     1  the  contribution  rate  under this article, then, upon certification of
     2  such fact by the comptroller, the provisions of this  subdivision  shall
     3  no longer apply with respect to the employees of such employer who ther-
     4  eafter first join or rejoin a public retirement system.
     5    §  2. Section 1200 of the retirement and social security law, as added
     6  by section 1 of part A of chapter 504 of the laws of 2009, is amended to
     7  read as follows:
     8    § 1200. Definitions. For purposes of this article the terms:
     9    a. "Member" shall mean a person who is employed as a police officer or
    10  firefighter by any employer other than the city of New  York  who  first
    11  joins  [the] a retirement system on or after January first, two thousand
    12  ten or a police/fire member, as that term is  defined  in  section  five
    13  hundred  one  of  this  chapter,  who  has made an election, pursuant to
    14  subdivision b or c of section twelve hundred five of this article, to be
    15  subject to the provisions of this article.
    16    b. "Retirement system" shall mean the New York state and local  police
    17  and  fire  retirement  system, the New York city police pension fund, or
    18  the New York city fire department pension fund.
    19    § 3. Section 1201 of the retirement and social security law, as  added
    20  by section 1 of part A of chapter 504 of the laws of 2009, is amended to
    21  read as follows:
    22    §  1201.  Applicability.  Notwithstanding  any provision of law to the
    23  contrary, the provisions of this article  shall  be  applicable  to  all
    24  [employees  in  the retirement system who first joined such system on or
    25  after January first, two thousand ten] members of a retirement system as
    26  those terms are defined in section twelve hundred of this article.
    27    § 4.   Section 1202 of the  retirement  and  social  security  law  is
    28  amended by adding a new subdivision d to read as follows:
    29    d.  Notwithstanding  anything  to  the  contrary in any other law, the
    30  amount of the vested retirement benefit for any member who has  made  an
    31  election  to  be  subject  to the provisions of this article pursuant to
    32  subdivision b or c of section twelve hundred five of this article, shall
    33  be equal to one-sixtieth of the member's final  average  salary  on  the
    34  date  of  his  or  her discontinuance of service, multiplied by a number
    35  equal to the number of years of service credited to the  member  on  the
    36  date of such discontinuance.
    37    § 5.  Section 1203 of the retirement and social security law, as added
    38  by section 1 of part A of chapter 504 of the laws of 2009, is amended to
    39  read as follows:
    40    §  1203. Overtime. A member's final average salary shall be calculated
    41  in accordance with such provisions of article eight or article eleven of
    42  this chapter as govern the member's benefits, except that earnings clas-
    43  sified as overtime compensation  in  an  amount  in  excess  of  fifteen
    44  percent  of  a  member's annual wages not classified as overtime compen-
    45  sation shall be excluded from such calculation. "Overtime  compensation"
    46  shall  mean,  for  purposes of this section, compensation paid under any
    47  law or policy under which employees are paid  at  a  rate  greater  than
    48  their  standard  rate for additional hours worked beyond those required,
    49  including compensation paid under section one hundred thirty-four of the
    50  civil service law and section ninety of the general municipal law.   The
    51  provisions  of  this  section  limiting  earnings classified as overtime
    52  compensation shall not apply to a police/fire member, as  that  term  is
    53  defined  in  section  five  hundred one of this chapter, who has made an
    54  election pursuant to subdivision b or c of section twelve  hundred  five
    55  of  this  article to be subject to the provisions of this article and is
    56  employed by either the New York city police department as a detective or

        S. 8485--B                          3
 
     1  at a rank of sergeant or higher or the fire department of  the  city  of
     2  New York at a rank of lieutenant or higher.
     3    §  6.    Section  1204  of  the retirement and social security law, as
     4  amended by chapter 18 of the  laws  of  2012,  is  amended  to  read  as
     5  follows:
     6    §   1204.  Member  contributions.  Members  who  are  subject  to  the
     7  provisions of this article shall  contribute  three  percent  of  annual
     8  wages  to  the  retirement  system in which they have membership, except
     9  that beginning April first, two thousand thirteen for members who  first
    10  become  members  of the New York state and local police and fire retire-
    11  ment system on or after April first, two thousand  twelve;  for  members
    12  who  have made an election to be subject to the provisions of this arti-
    13  cle pursuant to subdivision b of section twelve  hundred  five  of  this
    14  article,  beginning  on  the  date  that such election is filed with the
    15  administrative head of the retirement system; and for members  who  have
    16  made  an election to be subject to the provisions of this article pursu-
    17  ant to subdivision c of section twelve hundred  five  of  this  article,
    18  beginning  on  the date that the member joins the retirement system, the
    19  rate at which each such member shall contribute in any current plan year
    20  (April first to March thirty-first) shall be determined by reference  to
    21  the  wages  of such member in the second plan year (April first to March
    22  thirty-first) preceding such current plan year as follows:
    23    a. members with wages of forty-five thousand dollars per annum or less
    24  shall contribute three per centum of annual wages;
    25    b. members with wages greater than forty-five thousand per annum,  but
    26  not  more  than fifty-five thousand per annum shall contribute three and
    27  one-half per centum of annual wages;
    28    c. members with wages greater than fifty-five thousand per annum,  but
    29  not  more than seventy-five thousand per annum shall contribute four and
    30  one-half per centum of annual wages;
    31    d. members with wages greater than seventy-five thousand per annum but
    32  not more than one hundred thousand per annum shall contribute  five  and
    33  three-quarters per centum of annual wages; and
    34    e.  members  with  wages  greater  than one hundred thousand per annum
    35  shall contribute six per centum of annual wages.
    36    Notwithstanding the foregoing, during each of  the  first  three  plan
    37  years  (April  first  to  March  thirty-first)  in which such member has
    38  established membership in [the New York state and local police and fire]
    39  a retirement system, such member shall contribute a percentage of annual
    40  wages in accordance with the preceding schedule based upon a  projection
    41  of  annual  wages  provided  by the employer. Effective April first, two
    42  thousand twelve, all members subject to the provisions of  this  article
    43  shall  not  be  required  to  make  member contributions on annual wages
    44  excluded from the  calculation  of  final  average  salary  pursuant  to
    45  section  [1203]  twelve  hundred  three of this article. Nothing in this
    46  section, however, shall be construed  or  deemed  to  allow  members  to
    47  receive a refund of any member contributions on such wages paid prior to
    48  April first, two thousand twelve.
    49    Members  who  are enrolled in a retirement plan that limits the amount
    50  of creditable service a member can accrue shall not be required to  make
    51  contributions pursuant to this section after accruing the maximum amount
    52  of  service  credit  allowed  by  the  retirement plan in which they are
    53  enrolled. The state comptroller, or for the New York city police pension
    54  fund and the New York city fire department pension fund,  the  board  of
    55  trustees,  shall  promulgate  such  regulations  as may be necessary and
    56  appropriate with respect to the  deduction  of  such  contribution  from

        S. 8485--B                          4
 
     1  members' wages and for the maintenance of any special fund or funds with
     2  respect  to  amounts so contributed. In no way shall the member contrib-
     3  utions made pursuant to this section be  used  to  provide  for  pension
     4  increases or annuities of any kind.
     5    §  7. Section 1205 of the retirement and social security law, as added
     6  by section 1 of part A of chapter 504 of the laws of 2009, is amended to
     7  read as follows:
     8    § 1205. Recalculation of  benefits.    a.  Notwithstanding  any  other
     9  provision of law, any member who has joined the New York state and local
    10  police  and fire retirement system pursuant to the provisions of article
    11  fourteen of this chapter on or after July first, two thousand  nine  may
    12  elect to have his or her retirement benefits calculated pursuant to this
    13  article  by  filing within one hundred twenty days of the effective date
    14  of [this section] the chapter of the laws of two thousand eighteen  that
    15  amended this subdivision a request for such calculation with the retire-
    16  ment system in the form and manner prescribed by the state comptroller.
    17    b.   Notwithstanding  any  provision  of  law  to  the  contrary,  any
    18  police/fire member, as that term is defined in section five hundred  one
    19  of  this chapter who joined the New York state and local police and fire
    20  retirement system between July first, two  thousand  nine  and  December
    21  thirty-first,  two  thousand ten, or who joined the New York city police
    22  pension fund or the New York city fire department pension  fund  between
    23  July first, two thousand nine and the effective date of this subdivision
    24  may  make  an irrevocable election that shall be duly executed and filed
    25  with the administrative head of the retirement system no later than  one
    26  hundred  twenty  days after the effective date of this subdivision to be
    27  subject to the provisions of this article and have his or her retirement
    28  benefits calculated pursuant to this article.  Nothing in this  subdivi-
    29  sion,  however,  shall  be  construed  or  deemed to allow a police/fire
    30  member who makes an irrevocable election pursuant to this subdivision to
    31  receive a refund of any member contributions for credited  service  that
    32  occurred  before  the  date that such election is filed by a police/fire
    33  member with the New York city police pension fund or New York city  fire
    34  department pension fund, as applicable to such member.
    35    c.   Notwithstanding  any  provision  of  law  to  the  contrary,  any
    36  police/fire member, as that term is defined in section five hundred  one
    37  of  this chapter, who first becomes a member of the New York city police
    38  pension fund or the New York city fire department pension fund after the
    39  effective date of this subdivision may make an irrevocable election that
    40  shall be duly executed and filed with the  administrative  head  of  the
    41  retirement system no later than thirty days after joining the retirement
    42  system  to  be subject to the provisions of this article and have his or
    43  her retirement benefits calculated pursuant to this article.
    44    § 8. Section 1206 of the retirement and social security law, as  added
    45  by section 1 of part A of chapter 504 of the laws of 2009, is amended to
    46  read as follows:
    47    §  1206.  Conflicting provisions. Except as otherwise provided in this
    48  article, or in conflict therewith, the provisions of article  eleven  of
    49  this  chapter  and title thirteen of the administrative code of the city
    50  of New York, including any plan that has been elected by the employer or
    51  is otherwise applicable under article eight of  this  chapter  or  title
    52  thirteen of the administrative code of the city of New York shall govern
    53  the retirement benefits provided under this article. In the event of any
    54  conflict  between the provisions of this article and any other provision
    55  of law, this article shall govern.

        S. 8485--B                          5
 
     1    § 9. Paragraph 2 of subdivision a of section 1207  of  the  retirement
     2  and social security law, as added by chapter 303 of the laws of 2017, is
     3  amended to read as follows:
     4    2. A member who first joins such system on or after January first, two
     5  thousand eighteen in active service who has credit for at least one year
     6  of member service may borrow, no more than once during each twelve month
     7  period,  an  amount,  not less than one thousand dollars and which would
     8  not cause the balance owed  pursuant  to  this  section,  including  any
     9  amounts  borrowed  then  outstanding, to exceed (i) fifty percent of the
    10  member's total contributions made  pursuant  to  section  [five  hundred
    11  seventeen  of  this  chapter] twelve hundred four of this article or any
    12  other article of this chapter (including interest credited at  the  rate
    13  set  forth  in subdivision c of [such] section five hundred seventeen of
    14  this chapter compounded  annually);  or  (ii)  fifty  thousand  dollars,
    15  whichever is less.
    16    § 10. Section 1209 of the retirement and social security law, as added
    17  by chapter 18 of the laws of 2012, is amended to read as follows:
    18    § 1209. Final average salary.  For members who first become members of
    19  the  New  York  state  and local police and fire retirement system on or
    20  after April first, two thousand twelve, and members  who  have  made  an
    21  election  to  be  subject  to the provisions of this article pursuant to
    22  subdivision b or c of section twelve hundred five  of  this  article,  a
    23  member's final average salary shall be equal to one-fifth of the highest
    24  total  wages  earned  by  such  member  during  any continuous period of
    25  employment for which the member was credited with five years of  service
    26  credit;  provided, however, if the wages earned during any year of cred-
    27  ited service included in the period  used  to  determine  final  average
    28  salary  exceeds  the  average of the wages of the previous four years of
    29  credited service by more than ten percent, the amount in excess  of  ten
    30  percent  shall be excluded from the computation of final average salary.
    31  Wages in excess of the annual salary paid to the  governor  pursuant  to
    32  section  three  of  article  four  of  the  state  constitution shall be
    33  excluded from the computation of final average salary  for  members  who
    34  first  become  members  of  the New York state and local police and fire
    35  retirement  system  on  or  after  April  first,  two  thousand  twelve,
    36  provided,  however, that such exclusion of wages from the computation of
    37  final average salary shall not apply to a police/fire  member,  as  that
    38  term  is  defined  in  section five hundred one of this chapter, who has
    39  made an election pursuant to subdivision b  of  section  twelve  hundred
    40  five of this chapter to be subject to the provisions of this article and
    41  is employed by either the New York city police department as a detective
    42  or at a rank of sergeant or higher or the fire department of the city of
    43  New York at a rank of lieutenant or higher.
    44    § 11. Section 1210 of the retirement and social security law, as added
    45  by chapter 18 of the laws of 2012, is amended to read as follows:
    46    §  1210. Wages.   For members who first become members of the New York
    47  state and local police and fire retirement  system  on  or  after  April
    48  first,  two thousand twelve, and members who have made an election to be
    49  subject to the provisions of this article pursuant to subdivision b or c
    50  of section twelve hundred five of  this  article,  the  following  items
    51  shall  not be included in the definition of wages: a. wages in excess of
    52  the annual salary paid to the governor  pursuant  to  section  three  of
    53  article  four  of  the  state constitution, provided, however, that such
    54  exclusion of wages shall not  apply  to  a  police/fire  member  who  is
    55  employed by either the New York city police department as a detective or
    56  at  a  rank  of sergeant or higher or the fire department of the city of

        S. 8485--B                          6
 
     1  New York at a rank of lieutenant or higher, b.  lump  sum  payments  for
     2  deferred compensation, sick leave, accumulated vacation or other credits
     3  for  time  not worked, c. any form of termination pay, d. any additional
     4  compensation  paid  in anticipation of retirement, and e. in the case of
     5  employees who receive wages from three or more  employers  in  a  twelve
     6  month period, the wages paid by the third and each successive employer.
     7    § 12. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow  certain  police  and  fire employees who are
        members of certain public retirement systems to become covered under the
        provisions of Article 22 of the  Retirement  and  Social  Security  Law.
        Insofar  as  this  bill  affects the New York State and Local Police and
        Fire Retirement System (PFRS), an individual who became a PFRS member on
        or after July 1, 2009 and before January 9, 2010 to elect to be  covered
        by  the  provisions  of Article 22 of the Retirement and Social Security
        Law. Any member who becomes covered under a non-contributory plan  would
        no  longer  be  required  to make member contributions. Affected members
        shall not receive a refund of their member contributions
          If this bill is enacted, there would not be any cost to the  State  of
        New York and the participating employers in the New York State and Local
        Police and Fire Retirement 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, 2017  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2017
        Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
        tions,  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, 2017
        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 March 13, 2018, and intended for use only during
        the 2018 Legislative Session, is Fiscal Note No.  2018-74,  prepared  by
        the Actuary for the New York State and Local Retirement System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY  OF  BILL:  The proposed legislation would amend Article 22 of
        the Retirement and Social Security Law (RSSL)  to  permit  existing  and
        incoming  New  York  City Police Pension Fund (POLICE) and New York City
        Fire Department Pension Fund (FIRE) members subject to Article 14 of the
        RSSL (the Article 14 of Current  Plans)  to  voluntarily  elect,  within
        certain  time  periods,  a new retirement plan. The proposed legislation
        would provide these members with benefits, subject  to  applicable  RSSL
        Article 22 restrictions, pursuant to relevant Tier 2 provisions in Title
        13 of the Administrative Code of the City of New York (ACCNY) as limited
        by RSSL Article 11 (the Article 22 or Proposed Plan).
          The  new  Article  22  Plan  would provide similar service, death, and
        disability benefits, including  applicable  statutory  presumptions  for
        Accidental  Disability  Retirement  (ADR), ADR benefit calculations, and
        Ordinary Disability Retirement  (ODR)  benefit  calculations,  as  those
        provided  to  Tier  2 POLICE and FIRE members. However, all benefits and
        obligations  would  be  subject  to  Article  22  provisions,  including

        S. 8485--B                          7
 
        restrictions, except for certain superior officers that include New York
        City  Police  Department at a rank of Detective or above, on pensionable
        wages and Final Average Salary (FAS), as  well  as  member  contribution
        rates enacted by Chapter 18 of the Laws of 2012.
          The  Article 22 Plan would provide neither annuity nor increased-take-
        home-pay (ITHP) benefits, would not apply  Article  14  social  security
        offsets,  and  would apply, or continue to apply where applicable, cost-
        of-living adjustments under Chapter 125 of the Laws of 2000 (COLA) rath-
        er than any applicable Article 14 escalation.   Article  22  POLICE  and
        FIRE  members would remain eligible to receive Variable Supplements Fund
        (VSF)  benefits,  would  also  become  eligible,  subject   to   certain
        restrictions, to take loans on member contributions, would be subject to
        a  lower  vested  benefit  calculation, and would be entitled to earlier
        service and vested retirement payability.
          Effective date: Upon enactment.
          For purposes of this Fiscal Note, POLICE and FIRE members  subject  to
        Article 14 of the RSSL, which include New York City Police/Fire, Revised
        Plan  and Enhanced Plan Members, as defined in RSSL Section 501, will be
        collectively referred to as Article 14 POLICE and FIRE Members.
          All Article 14 POLICE and FIRE Members who elect the Article  22  Plan
        will be referred to as Article 22 POLICE  and FIRE Members.
          IMPACT  ON  ELIGIBILITY  FOR  BENEFITS: Existing Article 14 POLICE and
        FIRE Members would have 120 days from  the  enactment  of  the  proposed
        legislation  to  elect  to  participate in the Article 22 Plan. Incoming
        Article 14 POLICE and FIRE Members would have 30 days  from  appointment
        to elect to participate in the Article 22 Plan. The changes in eligibil-
        ity requirements to receive benefits between the Article 14 Plan and the
        Article 22 Plan are summarized below.
          Contributions:
          * The Current Plans, depending on title and plan, require contribution
        rates  equal  to 3% of salary, plus up to an additional 3% of salary for
        Enhanced Plan participation, until the earlier of separation or 25 years
        of service.
          * The Proposed Plan requires contribution rates  for  all  pensionable
        service  and  salary  that  are based on historical salary, or projected
        salary, bands as follows:
 
        Annual Wages During Plan Year                  Contribution Rate
               Up to $45,000                                 3.00%
              $45,001 to $55,000                             3.50%
              $55,001 to $75,000                             4.50%
              $75,001 to $100,000                            5.75%
              Greater than $100,000                          6.00%
          Allowable Service Credit:
          * Current Plans restrict service credit to City  and  State  uniformed
        Police and Fire service, which includes certain military service.
          *  Under  the Proposed Plan, Article 22 POLICE and FIRE Members would,
        in addition to City and State uniformed  Police  and  Fire  service,  be
        permitted  to  use certain prior uniformed or peace officer service with
        the New York City Employees' Retirement System or the  State  retirement
        systems, along with certain Child Care Leave purchased pursuant to Chap-
        ter 594 of the Laws of 2000, as allowable service credit.
          Minimum Service Credit Requirements:
          *  The  Current Plans require 20 years of service for an early service
        retirement, 22 years for a normal service retirement, and  25  years  of

        S. 8485--B                          8
 
        service,  or deferral of payability to such point in time, for a service
        retirement with full escalation.
          * The Proposed Plan would reduce the minimum requirement for a service
        retirement  for  Article  22  POLICE  and  FIRE  Members  to 20 years of
        service.
          Vesting:
          * In the Current Plans, members are required to complete five years of
        service before becoming eligible to receive, upon payability,  a  vested
        benefit.
          *  In  the Proposed Plan, members are required to complete 10 years of
        service before becoming eligible to receive, upon payability,  a  vested
        benefit.
          ODR:
          *  The  Current  Plans require five years of service to be eligible to
        apply for ODR.
          * The Proposed Plan permits an application for ODR regardless of years
        of service.
          ADR:
          * In the Current Plans, non-Enhanced Plan Members must waive  applica-
        ble  statutory presumptions to apply for disability retirement. Enhanced
        Plan  Members  are  eligible  to  utilize  applicable  presumptions  for
        purposes of ADR.
          *  Under  the  Proposed  Plan,  all Article 22 POLICE and FIRE Members
        would be eligible for applicable statutory presumptions for purposes  of
        ADR benefits upon becoming Article 22 Plan Members.
 
        Death Benefits:
          *  Eligibility  for Ordinary Death Benefits (ODB) and Accidental Death
        Benefits (ADB) would remain unchanged.
 
        IMPACT ON BENEFITS PAYABLE: Under the proposed legislation, the benefits
        provided would neither include an annuity component nor a benefit due to
        ITHP currently available to Tier 2 POLICE and FIRE Members, would not be
        subject to any applicable social  security  offset  applied  to  certain
        Article  14  Plan  benefits, and would apply, or continue to apply where
        applicable, COLA rather than escalation (for those currently eligible to
        receive escalation). The remaining significant changes in benefit calcu-
        lations between the Article 14 Plans and the Article 22 Plan are  summa-
        rized below.
 
        Pensionable Wages:
          *  In  the  Current  Plans, wages are generally not limited, except as
        described below, for purposes of calculating the FAS.
          * The Proposed Plan limits wages to the Governor's annual  salary  for
        purposes  of  determining  member  contributions and the FAS, and limits
        from the FAS any overtime earnings that  exceed  15%  of  annual  wages.
        Police  members  in  the rank of Detective or above, and Fire Members in
        the rank of Lieutenant or above, would not  be  subject  to  either  the
        salary  or  overtime  cap  for purposes of determining contributions and
        FAS.
          FAS Calculation:
          * In the Current Plans, the FAS, depending on Plan and type of retire-
        ment, is either a three-year  average  (FAS3)  or  a  five-year  average
        (FAS5),  and if the wages earned in one year of the FAS exceed the aver-
        age of the previous two or four years, respectively, by more  than  10%,
        the amount exceeding 10% is excluded from the FAS.

        S. 8485--B                          9
 
          *  In  the  Proposed  Plan,  all members are subject to a FAS5 for all
        retirement benefits, and if the wages earned in  one  year  of  the  FAS
        exceed  the  average  of  the  previous four years by more than 10%, the
        amount exceeding 10% is excluded from the FAS.
          Service Retirement Benefit Calculation:
          *  Current  Plans  limit  service  credit  to City and State Uniformed
        Police and Fire service, and cap the service retirement benefit  at  50%
        of  the  FAS at 22 years of service (with full escalation at 25 years of
        service or deferred payability until such time).
          * The Proposed Plan would permit Article 22 POLICE and FIRE Members to
        retire at 50% of FAS5 after 20 years of service, and  provide  an  addi-
        tional  benefit  of 1/60th of total earnings after their respective 20th
        anniversary of allowable service credit plus 75% times  1/60th  of  FAS5
        for all prior non-uniform City and State service.
          ADR Benefit Calculation:
          * Current Plans provide ADR benefits ranging from 50% to 75% of either
        a FAS3 of FAS5.
          *  The  Proposed Plan would provide Article 22 POLICE and FIRE Members
        with an ADR benefit of 75% of FAS5, plus 1/60th of total earnings  after
        their respective 20th anniversary of allowable service credit.
          ODR Benefit Calculation:
          *  Current  Plans  provide ODR benefits of 33-1/3% of either a FAS3 or
        FAS5.
          * The Proposed Plan would provide Article 22 POLICE and  FIRE  Members
        with  less  than  10  years of service with an ODR benefit of 33-1/3% of
        FAS5, with 10 or more years of service with an ODR  benefit  of  50%  of
        FAS5,  and  with 20 or more years of service an ODR benefit of 1/40th of
        FAS5 multiplied by years of service.
          Vested Retirement Benefit Calculation:
          * Current Plans provide vested retirement benefits, after 5  years  of
        service, of 2.1% of FAS3 or FAS5 times years of service, payable without
        escalation  at  what  would  have  been the member's 20th anniversary of
        allowable service credit, or payable with partial  or  full  escalation,
        respectively, on the 22nd or 25th anniversary.
          * The Proposed Plan would permit Article 22 POLICE and FIRE Members to
        receive  vested  benefits,  after 10 years of service, of 1/60th of FAS5
        multiplied by years of service, plus 75% of 1/60th of FAS5 for all prior
        non-uniform City and State service, at what would have been the member's
        20th anniversary of allowable service credit. However, in no event shall
        a vested benefit be less than the actuarial  equivalent  of  accumulated
        member contributions with 5% interest compounded annually.
          ODB Calculation:
          * Current Plans provide an ODB of three times salary rounded up to the
        nearest $1,000.
          *  The  Proposed Plan would provide Article 22 POLICE and FIRE Members
        with less than 20 years of service an ODB of three times salary  rounded
        up  to  the nearest $1,000, and a death gamble for those with 20 or more
        years of service. A death gamble is a lump sum present value  equivalent
        of  a  presumed  lifetime  service  retirement  benefit  of the deceased
        member.
          ADB Calculation:
          * The ADB calculation, aside from the FAS applied, is essentially  the
        same  in  the  Current and Proposed Plans comprised of 50% of salary and
        the Special Accidental Death Benefit (SADB), which, when  combined  with
        the ADB, is approximately 100% of a determined salary.

        S. 8485--B                         10
 
          FINANCIAL  IMPACT  -  CHANGES  IN PROJECTED EMPLOYER CONTRIBUTIONS: In
        accordance  with  ACCNY  Section  13-638.2(k-2),  new  Unfunded  Accrued
        Liability  (UAL)  attributable to benefit changes are to be amortized as
        determined by the Actuary but generally over the remaining working life-
        time  of  those impacted by the benefit changes. As of June 30, 2017, if
        this proposed legislation is enacted, the remaining working lifetime  of
        Article  14  POLICE  and  FIRE members, assuming Article 22 Plan partic-
        ipation, is approximately 15 years and 21 years, respectively.
          For this proposed legislation the change in UAL was amortized  over  a
        15-year  period  (14  payments  under  the  OYLM)  for POLICE and over a
        21-year period (20 payments under the OYLM) for FIRE using level  dollar
        payments.
          Since it cannot be precisely determined how many Article 14 POLICE and
        FIRE  Members  will elect to participate in the Article 22 Plan, results
        are shown assuming that all existing and incoming Article 14 POLICE  and
        FIRE Members will elect to participate in the Article 22 Plan.
        The  following  Table  1  presents  an  estimate of the increases in the
        employer contributions to POLICE and FIRE for Fiscal Years 2019  through
        2023  due  to  the  changes in provisions for Article 22 POLICE and FIRE
        Members based on the applicable actuarial assumptions and methods  noted
        herein:
                                         Table 1
 
                  Fiscal Year                Increase in Employer Contributions*
                                                      ($ Millions)
                    2019                               $24.3
                    2020                                30.2
                    2021                                36.2
                    2022                                42.2
                    2023                                48.6
 
          *  The  increase  in  employer  contributions  is, in part, due to the
        shorter expected working lifetime of Article 22 POLICE and FIRE  members
        which decreases the period over which the costs are spread.
          CONTRIBUTION  TIMING:  For purposes of this Fiscal Note, it is assumed
        that the changes in the employer contributions would  be  reflected  for
        the  first  time in the June 30, 2017 actuarial valuations of POLICE and
        FIRE. Under the One-Year Lag Methodology (OYLM), the first  fiscal  year
        in  which  these changes in benefits would impact employer contributions
        would be Fiscal Year 2019.
          OTHER COSTS: Not measured in this Fiscal Note are the following:
          * The initial, additional administrative costs of POLICE and  FIRE  to
        implement the proposed legislation.
          *  The  impact  of  this  proposed legislation on Other Postemployment
        Benefit (OPEB) costs.
          CENSUS DATA: The  starting  census  data  used  for  the  calculations
        presented  herein  is  the  census data used in the Preliminary June 30,
        2017 (Lag) actuarial valuations of POLICE  and  FIRE  to  determine  the
        Preliminary Fiscal Year 2019 employer contributions.
          The Article 14 POLICE Members had an average age of approximately 29.7
        years, average service of approximately 3.3 years, and an average salary
        of  approximately  $75,000  as  of  June  30,  2017. The Article 14 FIRE
        Members had an average age of approximately 30.0 years, average  service
        of  approximately  2.2  years,  and  an  average salary of approximately
        $59,000 as of June 30, 2017.

        S. 8485--B                         11
 
          ACTUARIAL ASSUMPTIONS AND METHODS: The  additional  employer  contrib-
        utions presented herein have been calculated based on the same actuarial
        assumptions  and methods in effect for the June 30, 2017 (Lag) actuarial
        valuations used to determine the Preliminary Fiscal Year  2019  employer
        contributions  of  POLICE  and  FIRE  with the exception of the overtime
        assumption used for POLICE which was  adjusted  to  reflect  the  higher
        levels  of  overtime earned by Detectives. Please note these assumptions
        and methods are subject to change as this valuation  is  not  considered
        final until the end of the Fiscal Year 2019.
          In determining the change in employer contributions, the probabilities
        of  accidental  disability  used  to value the Proposed Plan equal those
        currently used for Tier 2 POLICE and FIRE members who are  not  eligible
        for World Trade Center benefits.
          For  purposes  of estimating the impact of substituting COLA for esca-
        lation for certain Article 22 POLICE and FIRE Members, an assumption  of
        2.5%  was  used  for escalation, which is consistent with the underlying
        Consumer Price  Inflation  (CPI)  assumption  of  2.5%  per  year.  This
        compares  with the current COLA assumption of 1.5% per year (i.e. 50% of
        CPI adjusted to recognize a 1.0% minimum and 3.0% maximum) on the  first
        $18,000 of benefit.
          New  entrants  were projected to replace the members expected to leave
        the active population to maintain a steady-state population. New entrant
        salaries and future salary increases are consistent  with  those  to  be
        used in projections for the New York City Office of Management and Budg-
        et in April 2018 (Preliminary Projections).
          The  following  Table 2a presents the total number of active employees
        of POLICE used in the projections, assuming a level work force, and  the
        cumulative number (i.e. net of withdrawals) of Article 14 POLICE Members
        as of each June 30 from 2017 through 2021.
 
                                        TABLE 2a

        ________________________________________________________________________
                       June 30   Tier 1 & 2     Tier 3     Total
        ________________________________________________________________________
                        2017       23,334       12,831    36,165
                        2018       21,227       14,938    36,165
                        2019       19,345       16,820    36,165
                        2020       17,799       18,366    36,165
                        2021       16,017       20,148    36,165
        ________________________________________________________________________
 
          The  following  Table 2b presents the total number of active employees
        of FIRE used in the projections, assuming a level work  force,  and  the
        cumulative  number  (i.e. net of withdrawals) of Article 14 FIRE Members
        as of each June 30 from 2017 through 2021.
 
                                        TABLE 2b

        ________________________________________________________________________
                       June 30   Tier 1 & 2     Tier 3     Total
        ________________________________________________________________________
                        2017        8,581        2,510    11,091
                        2018        7,995        3,096    11,091
                        2019        7,485        3,606    11,091
                        2020        7,001        4,090    11,091

        S. 8485--B                         12
 
                        2021        6,557        4,534    11,091
        ________________________________________________________________________
 
          STATEMENT  OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
        ary for, and independent of, the New York City  Retirement  Systems  and
        Pension  Funds.  I  am a Fellow of the Society of Actuaries, an Enrolled
        Actuary under the Employee Retirement Income and Security  Act  of  1974
        (ERISA),  a Member of the American Academy of Actuaries, and a Fellow of
        the Conference of Consulting Actuaries. I meet the Qualification  Stand-
        ards  of the American Academy of Actuaries to render the actuarial opin-
        ion contained herein. To the best of my knowledge, the results contained
        herein have been prepared in accordance with generally accepted actuari-
        al principles and procedures and with the Actuarial Standards  of  Prac-
        tice issued by the Actuarial Standards Board.
          FISCAL  NOTE  IDENTIFICATION:  This Fiscal Note 2018-36 dated June 12,
        2018, was prepared by the Chief Actuary for the  New  York  City  Police
        Pension  Fund and the New York City Fire Pension Fund.  This estimate is
        intended for use only during the 2018 Legislative Session.
Go to top