Bill Text: NY S09638 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides New York city fire pension fund benefits to the widow of deceased firefighter Derek Floyd.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO CIVIL SERVICE AND PENSIONS [S09638 Detail]

Download: New_York-2023-S09638-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9638

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to provide pension benefits to the widow of deceased  firefighter
          Derek Floyd

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding the provisions of any  general  or  special
     2  law, rule, or regulation to the contrary, Derek Floyd, who was previous-
     3  ly  employed  by the New York city fire department prior to his death on
     4  April 15, 2024, is hereby deemed to have vested in  the  New  York  city
     5  fire  pension  fund.  Christine Floyd, the widow of deceased firefighter
     6  Derek Floyd is hereby eligible to file  an  application  for  and  shall
     7  receive  pension benefits to which she would have been entitled if Derek
     8  Floyd had been a member of such pension fund at the time of his death.
     9    § 2. All costs of implementing the provisions of  this  act  shall  be
    10  paid by the New York city fire department.
    11    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This  proposed legislation would deem deceased former proba-
        tionary firefighter Derek Floyd as an active member at the time  of  his
        death,  entitling  his  widow,  Christine Floyd, a Tier 3 Ordinary Death
        Benefit of three times salary.

                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                        by Fiscal Year for the first 25 years ($)
                                      Year        FIRE
                                      2025        0
                                      2026        307,000
                                      2027        0
                                      2028        0
                                      2029        0
                                      2030        0
                                      2031        0
                                      2032        0

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15412-03-4

        S. 9638                             2

                                      2033        0
                                      2034        0
                                      2035        0
                                      2036        0
                                      2037        0
                                      2038        0
                                      2039        0
                                      2040        0
                                      2041        0
                                      2042        0
                                      2043        0
                                      2044        0
                                      2045        0
                                      2046        0
                                      2047        0
                                      2048        0
                                      2049        0
          The entire increase in employer contributions will be allocated to New
        York City.

                  EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                                 as of June 30, 2024 ($)
                            Present Value (PV)              FIRE
                            PV of Benefits:                 277,000
                            PV of Employee Contributions:   0
                            PV of Employer Contributions:   277,000
                            Unfunded Accrued Liabilities:   277,000

                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

                                                            FIRE
                            Number of Payments:             1
                            Fiscal Year of Last Payment:    2026
                            Amortization Payment:           307,000
          Since  Mr.  Floyd  is deceased, and therefore has no remaining working
        lifetime, the entire increase in Unfunded  Accrued  Liability  would  be
        recognized immediately.
          CENSUS  DATA:  The estimates presented herein are based on salary data
        provided by the New York City Fire Pension  Fund  (FIRE).  The  Ordinary
        Death  Benefit estimated is based on Mr. Floyd's earnings in his last 12
        months of service of approximately $92,200.  The  salary  data  was  not
        audited but was reviewed for reasonableness.
          BACKGROUND:  Former New York City probationary firefighter Derek Floyd
        died on April 15, 2024, after his employment with the New York City Fire
        Department ceased on November 9, 2023, so that  his  beneficiaries  were
        not entitled to the Ordinary Death Benefit afforded to members in active
        service.
          This proposed legislation would treat Mr. Floyd as an active member at
        the  time  of his death, entitling his beneficiary to an additional lump
        sum death benefit equal to three times his final year's earnings, round-
        ed up to the nearest $1,000.
          ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
        calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
        of the impacted retirement systems.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on  the  actuarial  assumptions, methods, and models used, demo-

        S. 9638                             3

        graphics of the impacted population, and other factors such  as  invest-
        ment,  contribution, and other risks. If actual experience deviates from
        actuarial  assumptions,  the  actual  costs  could  differ  from   those
        presented  herein.  Quantifying  these risks is beyond the scope of this
        Fiscal Note.
          This Fiscal Note is intended to measure  pension-related  impacts  and
        does  not  include other potential costs (e.g., administrative and Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are  members of NYCERS but do not believe it impairs our
        objectivity and we meet the  Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our 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 2024-52 dated May 10,
        2024 was prepared by the Chief Actuary for the New York City  Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
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