Bill Text: NY A07193 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to employer's duties regarding optional public retirement systems; provides for the automatic enrollment for employees whose right to membership has been made optional by the head of the public retirement system involved.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Vetoed) 2017-11-29 - tabled [A07193 Detail]
Download: New_York-2017-A07193-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7193--C 2017-2018 Regular Sessions IN ASSEMBLY April 12, 2017 ___________ Introduced by M. of A. PERRY, SIMON, COOK, D'URSO, BLAKE, DICKENS, JONES, CRESPO, RODRIGUEZ, ORTIZ, COLTON, HYNDMAN, JEAN-PIERRE, WALKER, SEPULVEDA, VANEL -- Multi-Sponsored by -- M. of A. LENTOL -- read once and referred to the Committee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the retirement and social security law, in relation to providing for the automatic enrollment for employees whose right to membership has been made optional by the head of the public retirement system involved The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 45 of the retirement and social security law, as 2 added by chapter 878 of the laws of 1986, is amended to read as follows: 3 § 45. Right to membership. a. Upon the employment of any employee 4 whose right to membership in a public retirement system of the state, 5 which for purposes of this section shall include any public retirement 6 system other than the New York state teachers' retirement system, has 7 been made optional by the head of the retirement system involved, the 8 employer shall inform the employee in writing of the right to join the 9 system. Each such employee shall acknowledge the receipt of such notice 10 by signing a copy thereof and filing it with such employer; provided, 11 however, the failure to inform such employee shall not in any way be 12 construed to waive the requirement that membership for such an employee 13 commences only when an application for membership is filed with the 14 system, nor shall it be construed to waive any of the eligibility 15 requirements for previous service credit. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10847-09-7A. 7193--C 2 1 b. 1. Notwithstanding the provisions of subdivision a of this section, 2 upon the employment of any employee whose right to membership in the 3 board of education retirement system has been made optional by the head 4 of the retirement system involved, the employer shall provide the 5 respective automatic contribution arrangement for the employee to join 6 the retirement system ninety days after the commencement of employment, 7 with membership in the retirement system commencing on the ninety-first 8 day after commencement of employment, provided that, if the employee 9 files with the system an application to opt out of membership within 10 ninety days after commencement of employment, the employer shall refrain 11 from enrolling the employee in the retirement system unless and until 12 such employee subsequently files an application for membership with the 13 system. The automatic enrollment of optional employees as provided for 14 in this section shall not be construed to modify the right of eligible 15 employees to join the retirement system as of the first date of covered 16 employment by filing an application for membership with the system. The 17 employer shall further inform the employee in writing of the right to 18 join the system as well as the fact that the employee shall be enrolled 19 in the retirement system after the ninetieth day after commencement of 20 employment, unless such employee files with the system an application to 21 opt out of the system prior to such date. Any eligible employee who 22 elects to opt out of membership in the retirement system within the 23 ninety day period shall retain the right to join such system by subse- 24 quently filing an application for membership so long as such employee 25 remains in covered employment. 26 2. Each employer shall enroll in the retirement system every current 27 employee eligible for, but not enrolled in, the retirement system, on 28 October first, two thousand eighteen, unless such employee files an 29 application with the system to opt out of the retirement system by 30 September thirtieth, two thousand eighteen. Automatic enrollment in the 31 retirement system shall not be construed to waive any of the eligibility 32 requirements for previous service credit. 33 3. The automatic enrollment of optional employees as provided for in 34 this section shall not be construed to modify the rights and obligations 35 of any employee who is a mandated member of a public retirement system 36 under any applicable law, and such mandated members may not opt out of 37 membership. 38 § 2. This act shall take effect July 1, 2018. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: In response to your request, this letter presents the estimated finan- cial impact if participation is made mandatory for the Board of Educa- tion Retirement System of the City of New York (BERS). The ultimate employer cost for this change will be determined by the number, ages, years of service, and salary of those employees that would otherwise not have elected to become member of BERS. In order to prepare this analysis, we were supplied a file of 12,287 individuals who are not currently members of BERS but could voluntary elect to participate. This group consisted of 11,292 part-time and 995 full-time employees that was approximately 73% female with an average age of 34.9, average salary of approximately $25,500, and average past service of 2.4 years. We are also told, for calendar year 2016, employ- ees in Payroll Codes 745, 744 and 056 are part-time and earned 0.80 years, 0.44 years and 0.72 years of service on average, respectively. Employees in Payroll Code 740 are generally full-time employees. Final- ly, we were told 72% of eligible employees eventually join BERS.A. 7193--C 3 Based on this data and these statistics, we have estimated that the additional annual employer contribution will be $11.0 million if no prior years of service are purchased by these individuals and $18.1 million if all years of prior service eligible for buyback are purchased. These estimates assume that the fractional years of service earned in 2016 as described above remains unchanged in the future. These estimates also assume a level workforce (i.e., the number and salary, age and service characteristics of the added group remain approximately the same in future years.) Finally, for purposes of determining the portion of the annual employer contribution attributable to the buyback of prior service, we have assumed an amortization period of 15 years (14 payments under the Lag methodology used in the actuarial valuation.) All other actuarial assumptions and methods are the same as those used in the June 30, 2016 (Lag) actuarial valuation to determine the Preliminary Fiscal Year 2018 employer contributions for BERS. If the change to mandatory participation is made prior to July 1, 2017, these new additional members would likely be included in the census data as of June 30, 2017 and if so the increase in employer contributions to BERS would first be reflected in Fiscal Year 2019. STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu- ary for, and independent of, the New York City Pension Funds and Retire- ment Systems. I am a Fellow of the Society of Actuaries, a Fellow of the Conference of Consulting 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 the Actuarial Standards of Practice issued by the Actu- arial Standards Board.
