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.