STATE OF NEW YORK
________________________________________________________________________
3327--B
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
___________
Introduced by M. of A. McDONALD, BICHOTTE, BRABENEC, COOK, CROUCH, GOTT-
FRIED, GUNTHER, JAFFEE, MURRAY, RIVERA, SKOUFIS, STIRPE, PICHARDO,
ENGLEBRIGHT, DiPIETRO, HOOPER, LUPARDO, SANTABARBARA, WOERNER, MAYER,
THIELE, CUSICK, BRINDISI, BYRNE, CURRAN, MORINELLO, BLAKE, JENNE,
ROZIC, VANEL, FAHY, SEPULVEDA, BENEDETTO, RICHARDSON, MONTESANO,
FRIEND, JOYNER, NORRIS, GLICK, WILLIAMS, ABINANTI, BRAUNSTEIN, GALEF,
JONES, D'URSO, PELLEGRINO, DICKENS, LENTOL, CYMBROWITZ, ORTIZ, BARRON,
SOLAGES, LAWRENCE, McDONOUGH, MOSLEY, WALLACE, LIFTON, PALUMBO,
O'DONNELL, D. ROSENTHAL, ARROYO, GIGLIO, BLANKENBUSH, ERRIGO, GARBARI-
NO, B. MILLER, CAHILL, DAVILA -- Multi-Sponsored by -- M. of A.
BUCHWALD, CRESPO, DenDEKKER, FITZPATRICK, HAWLEY, HIKIND, HYNDMAN,
JEAN-PIERRE, MAGEE, PALMESANO, SIMON, STEC -- read once and referred
to the Committee on Governmental Employees -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- 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, in relation to
increasing the retiree earnings cap
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04812-11-8
A. 3327--B 2
1 1997 $13,500
2 1998 $14,500
3 1999 $15,500
4 2000 $17,000
5 2001 $18,500
6 2002 $20,000
7 2003 $25,000
8 2004 $27,500
9 2005 and 2006 $27,500
10 2007 [and thereafter] through 2018 $30,000
11 2019 and thereafter $35,000
12 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend subdivision 2 of section 212 of the Retirement
and Social Security Law to increase the earnings limitation for retired
members in positions of public employment to $35,000 for the calendar
year 2019 and thereafter. The earnings limitation for the calendar year
2018 is $30,000.
The annual cost to the employers of members of the New York State
Teachers' Retirement System is estimated to be negligible if this bill
is 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
Comprehensive Annual Financial Report (CAFR). System assets are as
reported in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
The source of this estimate is Fiscal Note 2018-9 dated January 26,
2018 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2018 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
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 2019 and ther-
eafter, to $35,000.
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 16.7% 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, the annual cost is estimated to
be negligible.
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-
A. 3327--B 3
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 January 2, 2018, and intended for use only during
the 2018 Legislative Session, is Fiscal Note No. 2018-20, prepared by
the Actuary for the New York State and Local Retirement System.