Bill Text: NY S01809 | 2009-2010 | General Assembly | Amended


Bill Title: Provides cost-of-living adjustments; further provides that effective the first day of September, 2010, the cost-of-living percentage shall equal one hundred percent of the annual inflation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-25 - PRINT NUMBER 1809A [S01809 Detail]

Download: New_York-2009-S01809-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1809--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2009
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
         accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to  amend the retirement and social security law, the education
         law and the administrative code of the city of New York,  in  relation
         to providing cost-of-living adjustments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision d of section 78-a of the retirement and  social
    2  security law, as added by chapter 125 of the laws of 2000, is amended to
    3  read as follows:
    4    d.  The  percentage  referred  to  in this section shall be determined
    5  annually by reference to the consumer price index (all urban  consumers,
    6  CPI-U,  U.S.  city  average,  all  items, 1982-84=100), published by the
    7  United States bureau of labor statistics, for each  applicable  calendar
    8  year. Said percentage shall equal fifty percent of the annual inflation,
    9  AND  EFFECTIVE  THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TEN SHALL EQUAL
   10  ONE HUNDRED PERCENT OF THE ANNUAL  INFLATION,  as  determined  from  the
   11  increase  in  the  consumer price index in the one year period ending on
   12  the March thirty-first prior to the cost-of-living adjustment  effective
   13  on the ensuing September first. Said percentage shall then be rounded up
   14  to  the  next higher one-tenth of one percent and shall not exceed three
   15  percent nor be less than one percent.
   16    S 2. Subdivision d of section 378-a of the retirement and social secu-
   17  rity law, as added by chapter 125 of the laws of  2000,  is  amended  to
   18  read as follows:
   19    d.  The  percentage  referred  to  in this section shall be determined
   20  annually by reference to the consumer price index (all urban  consumers,
   21  CPI-U,  U.S.  city  average,  all  items, 1982-84=100), published by the
   22  United States bureau of labor statistics, for each  applicable  calendar
   23  year. Said percentage shall equal fifty percent of the annual inflation,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05613-04-0
       S. 1809--A                          2
    1  AND  EFFECTIVE  THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TEN SHALL EQUAL
    2  ONE HUNDRED PERCENT OF THE ANNUAL  INFLATION,  as  determined  from  the
    3  increase  in  the  consumer price index in the one year period ending on
    4  the  March thirty-first prior to the cost-of-living adjustment effective
    5  on the ensuing September first. Said percentage shall then be rounded up
    6  to the next higher one-tenth of one percent and shall not  exceed  three
    7  percent nor be less than one percent.
    8    S  3. Subdivision d of section 532-a of the education law, as added by
    9  chapter 125 of the laws of 2000, is amended to read as follows:
   10    d. The percentage referred to in  this  section  shall  be  determined
   11  annually  by reference to the consumer price index (all urban consumers,
   12  CPI-U, U.S. city average, all  items,  1982-84=100),  published  by  the
   13  United  States  bureau of labor statistics, for each applicable calendar
   14  year. Said percentage shall equal fifty percent of the annual inflation,
   15  AND EFFECTIVE THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TEN  SHALL  EQUAL
   16  ONE  HUNDRED  PERCENT  OF  THE  ANNUAL INFLATION, as determined from the
   17  increase in the consumer price index in the one year  period  ending  on
   18  the  March thirty-first prior to the cost-of-living adjustment effective
   19  on the ensuing September first. Said percentage shall then be rounded up
   20  to the next higher one-tenth of one percent and shall not  exceed  three
   21  percent nor be less than one percent.
   22    S 4. Subdivision d of section 13-696 of the administrative code of the
   23  city  of  New  York,  as  added  by  chapter 125 of the laws of 2000, is
   24  amended to read as follows:
   25    d. The percentage referred to in  this  section  shall  be  determined
   26  annually  by reference to the consumer price index (all urban consumers,
   27  CPI-U, U.S. city average, all  items,  1982-84=100),  published  by  the
   28  United  States  bureau of labor statistics, for each applicable calendar
   29  year. Said percentage shall equal fifty percent of the annual inflation,
   30  AND EFFECTIVE THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TEN  SHALL  EQUAL
   31  ONE  HUNDRED  PERCENT  OF  THE  ANNUAL INFLATION, as determined from the
   32  increase in the consumer price index in the one year  period  ending  on
   33  the  March thirty-first prior to the cost-of-living adjustment effective
   34  on the ensuing September first. Said percentage shall then be rounded up
   35  to the next higher one-tenth of one percent and shall not  exceed  three
   36  percent nor be less than one percent.
   37    S 5. This act shall take effect immediately.
         FISCAL  NOTE.--  This  bill  would  provide an increase in the defined
       benefit cost-of-living adjustment (COLA) for New York public  retirement
       systems.    Starting with a payment in September 2010 the cost of living
       adjustment will be increased from fifty percent of the annual  inflation
       to  one hundred percent of the annual inflation, not to exceed an annual
       increase of 3%.
         Insofar as this bill affects the New York State and  Local  Employees'
       Retirement  System  and  the  New  York  State and Local Police and Fire
       Retirement System, if this bill were enacted there would be an estimated
       first year cost of approximately $310 million to the State of New  York,
       $415  million to participating employers in the New York State and Local
       Employees' Retirement  System  and  $50  million  to  the  participating
       employers  in  the  New  York State and Local Police and Fire Retirement
       System.
         This estimate, dated December 1, 2009 and Intended for use only during
       the 2010 Legislative Session, is Fiscal Note No.  2010-29,  prepared  by
       the  Actuary  for  the  New  York  State and Local Employees' Retirement
       System and the New York State  and  Local  Police  and  Fire  Retirement
       System.
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