STATE OF NEW YORK
________________________________________________________________________
6468--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 17, 2021
___________
Introduced by M. of A. BARRETT, COLTON, ZEBROWSKI, J. RIVERA, LAWLER,
GANDOLFO -- 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 commit-
tee
AN ACT to amend the retirement and social security law, the education
law and the administrative code of the city of New York, in relation
to supplemental military retirement allowances for members of public
retirement systems of the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1000 of the retirement and social security law is
2 amended by adding a new subdivision 8-a to read as follows:
3 8-a. A person who retired prior to May thirty-first, two thousand
4 sixteen and who would have been entitled to the provisions of this
5 section, may make application to such retirement system no later than
6 December thirty-first, two thousand twenty-three for a supplemental
7 military retirement allowance pursuant to this subdivision. The supple-
8 mental retirement allowance provided by this subdivision shall be in
9 lieu of any benefit otherwise provided pursuant to this section and any
10 credit granted for military service with any retirement system of this
11 state pursuant to any other section of law. Upon receipt of an applica-
12 tion, the retirement system shall determine the amount of service credit
13 such person would have been entitled to receive pursuant to subdivisions
14 one and two of this section, subject to the limitations contained in
15 this section. The supplemental military retirement allowance shall equal
16 the retirement allowance of such person, computed without optional
17 modification and not to exceed fifteen thousand dollars, multiplied by
18 twenty-five one-hundredths of one percent per month of the service cred-
19 it as determined pursuant to this subdivision. One-twelfth of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09719-09-2
A. 6468--A 2
1 supplemental military retirement allowance shall be added to the retire-
2 ment allowance of such person each month. The benefit payable pursuant
3 to this section shall commence on the next retirement allowance payable
4 at least thirty days after the receipt of an application from such
5 person. For the purposes of this subdivision, retirement allowance shall
6 exclude any annuity derived from voluntary contributions made by the
7 individual, except those made pursuant to elections under subdivision
8 one of section five hundred eleven-a or paragraph c of subdivision three
9 of section five hundred sixteen of the education law, but shall include
10 any cost of living adjustment derived from sections seventy-eight-a and
11 three hundred seventy-eight-a of this chapter or section five hundred
12 thirty-two-a of the education law, as applicable. The benefit payable
13 pursuant to this subdivision shall be payable for the life of the
14 retired member only, except that the surviving spouse of a deceased
15 member who retired under an option providing a benefit to be continued
16 for life to the surviving spouse after the death of the member shall be
17 entitled to receive fifty percent of the monthly benefit that the
18 retired member would be receiving pursuant to this subdivision, if
19 living, commencing with the next retirement allowance payable at least
20 thirty days after receipt of an application from the retired member for
21 the benefit or payable after the death of the retired member.
22 § 2. Subdivision b of section 78-a of the retirement and social secu-
23 rity law, as added by chapter 125 of the laws of 2000, is amended to
24 read as follows:
25 b. Said cost-of-living adjustment shall be a percentage of the annual
26 retirement allowance otherwise payable, computed without optional
27 modification, but including any benefit derived from subdivision f of
28 this section [and], any prior year's cost-of-living adjustment derived
29 from this section and the amount of any supplemental military retirement
30 allowance derived from subdivision eight-a of section one thousand of
31 this chapter. Said percentage is set forth in subdivision d of this
32 section.
33 § 3. Subdivision b of section 378-a of the retirement and social secu-
34 rity law, as added by chapter 125 of the laws of 2000, is amended to
35 read as follows:
36 b. Said cost-of-living adjustment shall be a percentage of the annual
37 retirement allowance otherwise payable, computed without optional
38 modification, but including any benefit derived from subdivision f of
39 this section [and], any prior year's cost-of-living adjustment derived
40 from this section and the amount of any supplemental military retirement
41 allowance derived from subdivision eight-a of section one thousand of
42 this chapter. Said percentage is set forth in subdivision d of this
43 section.
44 § 4. Subdivision b of section 532-a of the education law, as added by
45 chapter 125 of the laws of 2000, is amended to read as follows:
46 b. Said cost-of-living adjustment shall be a percentage of the annual
47 retirement allowance otherwise payable, computed without optional
48 modification, excluding any annuity derived from voluntary contributions
49 made by members, except those made pursuant to elections under subdivi-
50 sion one of section five hundred eleven-a or paragraph c of subdivision
51 three of section five hundred sixteen of this article, but including any
52 benefit derived from subdivision f of this section [and], any prior
53 year's cost-of-living adjustment derived from this section and the
54 amount of any supplemental military retirement allowance derived from
55 subdivision eight-a of section one thousand of the retirement and social
A. 6468--A 3
1 security law. Said percentage is set forth in subdivision d of this
2 section.
3 § 5. Subdivision b of section 13-696 of the administrative code of the
4 city of New York, as added by chapter 125 of the laws of 2000, is
5 amended to read as follows:
6 b. Said cost-of-living adjustment shall be a percentage of the annual
7 fixed retirement allowance otherwise payable, computed without optional
8 modification, but including any benefit derived from subdivision f of
9 this section [and], any prior year's cost-of-living adjustment derived
10 from this section and the amount of any supplemental military allowance
11 derived from subdivision eight-a of section one thousand of the retire-
12 ment and social security law. Said percentage is set forth in subdivi-
13 sion d of this section.
14 § 6. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would amend Section 1000 of the Retirement and Social Secu-
rity Law to give veterans who retired prior to May 31, 2016, a supple-
mental pension equal to their first $15,000 of single life allowance
together with any cost-of-living adjustment, multiplied by 3% per year
for up to three (3) years of such service credit for military service
that would have been eligible if the member retired on or after such
date. The surviving spouse of such a retired veteran who chose a contin-
ued life benefit to the spouse shall receive half of what the deceased
member would have received. There would not be any payment required by
an affected retiree or surviving spouse for this supplemental pension.
Such retiree may make application for the supplemental pension no later
than December 31, 2023 and the payment of the benefit will begin with
the next monthly pension payment payable at least 30 days after receipt
of the application.
The exact number of retirees that could be affected by this legis-
lation cannot be readily determined.
ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty Law, the increased cost to the New York State and Local Employees'
Retirement System would be borne entirely by the State of New York and
would require an itemized appropriation sufficient to pay the cost of
the provision. Once a retiree applies for this benefit a cost will be
generated, which will be billed to the State.
PFRS Costs: These costs would be shared by the State of New York and
all of the participating employers in the New York State and Local
Police and Fire Retirement System.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
and 2021 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, 2021
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.
A. 6468--A 4
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 March 30, 2022, and intended for use only during
the 2022 Legislative Session, is Fiscal Note No. 2022-109, prepared by
the Actuary for the New York State and Local Retirement System.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would amend Section 1000 of the Retirement and Social Secu-
rity Law by adding a new subdivision 8-a to allow eligible retired
members of public retirement systems of New York State to receive a
supplemental military retirement allowance based upon the retirement
allowance of such member and up to three years of military service cred-
it. This supplemental benefit would be in lieu of any benefit otherwise
provided by military service credit. The annual supplemental military
retirement allowance shall be equal to the retirement allowance of such
person, computed without optional modification and not to exceed fifteen
thousand dollars, multiplied by twenty-five one-hundredths of one
percent per month of military service claimed. The surviving spouse of a
deceased member who retired under an option which provides a continuing
lifetime benefit would be entitled to receive fifty percent of the
supplemental military retirement allowance that the retired member would
have received. A member must have retired prior to May 31, 2016 and make
application no later than December 31, 2023. This benefit is prospective
only and shall commence on the next retirement allowance payable at
least 30 days after the receipt of said application. There is no member
cost for this benefit.
It is not possible to determine the total annual cost to the employers
of members of the New York State Teachers' Retirement System since the
number of retired members who would be eligible for the supplemental
military retirement allowance under this bill cannot be effectively
estimated. However, the cost is estimated to be, on average, approxi-
mately $12,100 for each retired member eligible for the supplemental
military retirement allowance provided under this bill if enacted.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Annual Report. System assets are as reported in the System's financial
statements and can also be found in the System's Annual Report. Actuari-
al assumptions and methods are provided in the System's Actuarial Valu-
ation Report and the 2021 Actuarial Assumptions Report.
The source of this estimate is Fiscal Note 2022-12 dated March 29,
2022 prepared by the Office of the Actuary of the New York State Teach-
ers' Retirement System and is intended for use only during the 2022
Legislative Session. I, Richard A. Young, am the Chief Actuary for the
New York State Teachers' Retirement System. I am a member of the Ameri-
can Academy of Actuaries and I meet the Qualification Standards of the
American Academy of Actuaries to render the actuarial opinion contained
herein.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: The proposed legislation would, among other things,
amend Retirement and Social Security Law (RSSL) Section 1000 by adding a
new subdivision 8-a to allow eligible retirees who retired from a public
retirement system within the State prior to May 31, 2016, and who would
have had qualifying military service had they been active members, to
apply for a prospective supplemental military retirement allowance
(Supplemental Retirement Allowance).
A. 6468--A 5
For purposes of this Fiscal Note, the New York City Employees' Retire-
ment System (NYCERS), the New York City Teachers' Retirement System
(TRS), the New York City Board of Education Retirement System (BERS),
the New York City Police Pension Fund (POLICE), and the New York City
Fire Pension Fund (FIRE) are collectively referenced as the NYCRS.
With respect to the NYCRS, the proposed legislation further amends
Administrative Code of the City of New York (ACCNY) Section 13-696 to
include Cost-of-Living Adjustment (COLA) increases in the calculation
and payment of such Supplemental Retirement Allowance.
Effective Date: Upon enactment.
BACKGROUND: A NYCRS retiree would be eligible to receive the Supple-
mental Retirement Allowance (Eligible Recipient) if he or she:
* Retired prior to May 31, 2016,
* Was, due to a May 31, 2016 effective date, ineligible for Chapter 41
of the Laws of 2016,
* Would have otherwise met the current eligibility criteria of RSSL
Section 1000, and
* Files an application for such benefit by December 31, 2023.
The Supplemental Retirement Allowance would be in lieu of any other
retirement benefit provided for military service.
For purposes of this Fiscal Note, it is assumed that the Supplemental
Retirement Allowance is provided without cost to Eligible Recipients.
IMPACT ON BENEFITS PAYABLE: With respect to NYCRS Eligible Recipients,
the Supplemental Retirement Allowance would be payable as of the next
retirement allowance payment following 30 days from filing an applica-
tion for such benefit.
The Supplemental Retirement Allowance would be payable for the Eligi-
ble Recipient's lifetime, and payable, at 50% of the Eligible Recipi-
ent's Supplemental Retirement Allowance rate, for the lifetime of an
Eligible Recipient's surviving spouse who is eligible to receive a life-
time retirement allowance benefit under an existing option election.
The annual Supplemental Retirement Allowance would be equal to the
retirement allowance of the Eligible Recipient (computed without
optional modification, without certain annuities derived from voluntary
contributions and not to exceed $15,000) multiplied by 0.25% for each
month of qualifying military service (not to exceed 36 months). There-
fore, the initial maximum Supplemental Retirement Allowance would not
exceed $1,350 per year (i.e., $15,000 x 0.25% x 36 months = $1,350 per
year), and would thereafter be subject to the COLA provisions, to the
extent the total retirement allowance including Supplemental Retirement
Allowance is less than $18,000 per year, provided by ACCNY Section
13-696.
FINANCIAL IMPACT - OVERVIEW: The number of members who could poten-
tially benefit from this proposed legislation cannot be determined. For
illustrative purposes only, the table below presents the estimated
financial impact assuming that, (1) the percentage of retirees that
would benefit is the same percentage for each of the NYCRS as the
percentage of active members that have purchased military service under
Chapter 41 of the Laws of 2016 as of June 30, 2021, (2) that each member
purchased 2.5 years of military service, (3) that each retiree's pension
is equal to or greater than $18,000 per year, and (4) that the percent-
age of those retirees who are receiving their pension in the form of a
Joint and Survivor benefit is the same percentage as current retirees
for each of the NYCRS.
ESTIMATED FINANCIAL IMPACT FOR PROVIDING A SUPPLEMENTAL RETIREMENT
A. 6468--A 6
ALLOWANCE TO CERTAIN RETIREES
NYCRS One-Time Increase
in Employer Contributions
($ Millions)
NYCERS $ 7.4
TRS 0.8
BERS 0.2
POLICE 23.4
FIRE 3.5
Total $35.3 {1}
{1} Any costs may be subject to State appropriation and reimbursement
pursuant to RSSL Section 25.
FINANCIAL IMPACT - EMPLOYER CONTRIBUTIONS: In accordance with the
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 are generally amortized over the remaining working lifetime
of those impacted by the benefit changes. For this proposed legislation,
since those who would benefit are retired, the entire increase in UAL
would be recognized in the first year that the increased pension was
paid.
CONTRIBUTION TIMING: Increased pensions for the affected retirees
would commence on the next retirement allowance payable at least thirty
days after receipt of an application from such person. For purposes of
this Fiscal Note, it is assumed that increased pensions would be
reflected in the census data used in the June 30, 2022 actuarial valu-
ations of NYCRS. Under the One-Year Lag Methodology, the first fiscal
year in which these changes in benefits would impact employer contrib-
utions would be Fiscal Year 2024.
However, since Eligible Recipients have until December 31, 2023 to
file an application for the additional service credit, the increased
contributions would likely be spread out over Fiscal Years 2025 and
2026.
ACTUARIAL ASSUMPTIONS AND METHODS: In addition to the assumptions
described in the Financial Impact - Overview section above, the changes
in employer contributions presented herein have been calculated based on
the same actuarial assumptions and methods in effect for the June 30,
2021 (Lag) actuarial valuation used to determine the Preliminary Fiscal
Year 2023 employer contributions of NYCRS.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, as well as
certain demographic characteristics of NYCRS and other exogenous factors
such as investment, contribution, and other risks. If actual experience
deviates from actuarial assumptions, the actual costs could differ from
those presented herein. Costs are also dependent on the actuarial meth-
ods used, and therefore different actuarial methods could produce
different results. Quantifying these risks is beyond the scope of this
Fiscal Note.
Not measured in this Fiscal Note are the following:
* The initial, additional administrative costs to implement the
proposed legislation.
* The impact of this proposed legislation on Other Postemployment
Benefit (OPEB) costs.
STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet, am the Interim
Chief Actuary for, and independent of, the New York City Retirement
A. 6468--A 7
Systems and Pension Funds. 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. To the best of my knowledge, the results
contained herein have been prepared in accordance with generally
accepted actuarial principles and procedures and with the Actuarial
Standards of Practice issued by the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2022-21 dated April 13,
2022, was prepared by the Interim Chief Actuary for the New York City
Employees' Retirement System, the New York City Teachers' Retirement
System, the New York City Board of Education Retirement System, the New
York City Police Pension Fund, and the New York City Fire Pension Fund.
This estimate is intended for use only during the 2022 Legislative
Session.
