Bill Text: NY A06403 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to the determination of salary base for members of the New York city police pension fund; provides that the salary base for members of the New York city police pension fund whose employment with the police department of the city of New York commenced on or after July 1, 2000 shall be determined in the same manner as members whose employment commenced prior to such date.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-19 - print number 6403a [A06403 Detail]

Download: New_York-2023-A06403-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6403--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 6, 2023
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- 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 committee

        AN ACT to amend the retirement and social security law, in  relation  to
          determination  of  salary base for members of the New York city police
          pension fund

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

     1    Section  1.  Section  443 of the retirement and social security law is
     2  amended by adding a new subdivision i to read as follows:
     3    i. Notwithstanding any general, special or local law, charter,  admin-
     4  istrative  code,  agreement,  resolution  or  rule  or regulation to the
     5  contrary, the salary base for  members  of  the  New  York  city  police
     6  pension  fund whose employment with the police department of the city of
     7  New York commenced on or after the first of July, two thousand  to  whom
     8  this article otherwise applies shall be determined in the same manner as
     9  the  salary  base  for  members of the New York city police pension fund
    10  whose employment with the police department of  the  city  of  New  York
    11  commenced before the first of July, two thousand.
    12    § 2. This act shall take effect immediately and shall apply to members
    13  of  the  New  York  city police pension fund who retire on or after such
    14  effective date.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation would change the  salary  base  for
        Tier 2 members of the New York City Police Pension Fund (POLICE) who are
        hired  on  or  after July 1, 2000 to be the greater of final salary or a
        three-year average.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10166-03-4

        A. 6403--A                          2

                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)

                                      Year      POLICE
                                      2025         3.9
                                      2026         3.8
                                      2027         3.8
                                      2028         3.7
                                      2029         3.6
                                      2030         0.4
                                      2031         0.3
                                      2032         0.3
                                      2033         0.2
                                      2034         0.2
                                      2035         0.2
                                      2036         0.1
                                      2037         0.1
                                      2038         0.1
                                      2039         0.1
                                      2040         0.1
                                      2041         0.0
                                      2042         0.0
                                      2043         0.0
                                      2044         0.0
                                      2045         0.0
                                      2046         0.0
                                      2047         0.0
                                      2048         0.0
                                      2049         0.0
          Employer Contribution impact beyond Fiscal Year 2049 is not shown.

        The  entire  increase in employer contributions will be allocated to New
        York City.

                  INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                           as of June 30, 2023 ($ in Millions)
                  Present Value (PV)                 POLICE
                  PV of Benefits:                      16.0
                  PV of Employee Contributions:         0.0
                  PV of Employer Contributions:        16.0
                  Unfunded Accrued Liabilities:        12.6

                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

                                                          POLICE
                       Number of Payments:                  5
                       Fiscal Year of Last Payment:        2029
                       Amortization Payment:              3.2 M

          Unfunded Accrued Liability increases were amortized over the  expected
        remaining  working  lifetime  of  those  impacted by the benefit changes
        using level dollar payments.
          CENSUS DATA: The estimates presented herein are based  on  preliminary
        census  data  collected  as  of  June  30, 2023. The census data for the
        impacted population is summarized below.

        A. 6403--A                          3

                                                POLICE
                       Active Members
                        - Number Count:         11,723
                        - Average Age:          43.4
                        - Average Service:      17.6
                        - Average Salary:       156,600

          IMPACT ON MEMBER BENEFITS: Pension benefits are primarily derived as a
        percentage of salary base. For Tier 2 POLICE members hired prior to July
        1, 2000, the salary base is equal to the greater of
          (1) the pensionable earnings in the final 12 months of service, or
          (2)  the  average pensionable earnings earned in any consecutive three
        years of service.
          For Tier 2 POLICE members hired on or after July 1, 2000,  the  salary
        base  is equal to the pensionable earnings earned in the final 12 months
        of service only.
          Under the proposed legislation, the salary base  shall  be  determined
        the  same for Tier 2 POLICE members hired on or after July 1, 2000 as it
        is for Tier 2 members hired prior to July 1, 2000.
          Note, pensionable earnings in the final 12 months or the highest three
        consecutive years, are subject to certain limits.
          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-
        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 2024-28 dated March 15,
        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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