Bill Text: NY S02145 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the rate of regular interest used in the actuarial valuation of liabilities for the purpose of calculating contributions to retirement systems; the making of contributions to such retirement systems; and the crediting of special interest and additional interest to members of such retirement systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-11 - REFERRED TO CITIES [S02145 Detail]
Download: New_York-2013-S02145-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2145 A. 2296 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y January 11, 2013 ___________ IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Cities IN ASSEMBLY -- Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the administrative code of city of New York, in relation to the rate of regular interest used in the actuarial valuation of liabilities for the purpose of calculating contributions to the New York city employees' retirement system, the New York city teachers' retirement system, the police pension fund, subchapter two, the fire department pension fund, subchapter two and the board of education retirement system of such city by public employers and other obligors required to make employer contributions to such retirement systems, the establishment of the entry age actuarial cost method of determin- ing employer contributions to such retirement systems, the making of contributions to such retirement systems by such public employers and such other obligors, and the crediting of special interest and addi- tional interest to members of such retirement systems, and the allow- ance of interest on the funds of such retirement systems; and to amend the education law, in relation to employer contributions to the board of education retirement system of such city THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph (a) of paragraph 1 of subdivision b of section 2 13-127 of the administrative code of the city of New York is amended by 3 adding two new items (i-a) and (i-b) to read as follows: 4 (I-A) ALL UNFUNDED ACCRUED LIABILITY INSTALLMENTS AS REQUIRED BY 5 SECTION 13-638.2 OF THIS TITLE OR ANY OTHER PROVISION OF LAW; AND 6 (I-B) ANY OTHER PAYMENTS TO THE CONTINGENT RESERVE FUND AS REQUIRED BY 7 APPLICABLE LAW; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06653-01-3 S. 2145 2 A. 2296 1 S 2. Subparagraph (c) of paragraph 1 of subdivision b of section 2 13-127 of the administrative code of the city of New York is amended by 3 adding a new item (iv) to read as follows: 4 (IV) THE CITY AND ALL OTHER RESPONSIBLE OBLIGORS (AS DEFINED IN PARA- 5 GRAPH TEN OF SUBDIVISION A OF SECTION 13-638.2 OF THIS TITLE) SHALL MAKE 6 ALL PAYMENTS TO THE RETIREMENT SYSTEM REQUIRED BY APPLICABLE LAW IN 7 ACCORDANCE WITH THE TIME OF PAYMENT REQUIREMENTS SET FORTH IN SUBDIVI- 8 SION C OF SECTION 13-133 OF THIS CHAPTER. ANY RESPONSIBLE OBLIGOR WHICH 9 DOES NOT MAKE ALL OR ANY PORTION OF SUCH REQUIRED PAYMENTS TO THE 10 RETIREMENT SYSTEM IN A TIMELY MANNER IN FISCAL YEAR TWO THOUSAND 11 TWELVE--TWO THOUSAND THIRTEEN, OR IN ANY FISCAL YEAR THEREAFTER, SHALL 12 BE REQUIRED TO PAY INTEREST TO THE RETIREMENT SYSTEM ON SUCH OVERDUE 13 AMOUNTS, AS DETERMINED BY THE ACTUARY. THE ACTUARY SHALL DETERMINE, AT 14 SUCH TIME AS HE OR SHE DEEMS APPROPRIATE, INTEREST PAYMENTS ON SUCH 15 OVERDUE AMOUNTS USING A RATE OF INTEREST EQUIVALENT TO THE VALUATION 16 RATE OF INTEREST (AS DEFINED IN PARAGRAPH ELEVEN OF SUBDIVISION A OF 17 SECTION 13-638.2 OF THIS TITLE). RESPONSIBLE OBLIGORS SHALL MAKE SUCH 18 INTEREST PAYMENTS ON OVERDUE AMOUNTS TO THE RETIREMENT SYSTEM IN THE 19 MANNER AND AT SUCH TIME AS THE ACTUARY DEEMS APPROPRIATE. 20 S 3. Item (i) of subparagraph (a) of paragraph 2 of subdivision b of 21 section 13-127 of the administrative code of the city of New York, as 22 amended by chapter 85 of the laws of 2000, is amended to read as 23 follows: 24 (i) NOTWITHSTANDING THE SUCCEEDING PROVISIONS OF THIS SUBPARAGRAPH OR 25 THE PROVISIONS OF SUBPARAGRAPH (A-ONE), (B) OR (C) OF THIS PARAGRAPH, 26 FOR FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, AND FOR EACH 27 FISCAL YEAR THEREAFTER, THE AMOUNT OF THE NORMAL CONTRIBUTION PAYABLE TO 28 THE CONTINGENT RESERVE FUND SHALL BE DETERMINED PURSUANT TO THE 29 PROVISIONS OF SUBPARAGRAPH (D) OF THIS PARAGRAPH. Upon the basis of the 30 latest mortality and other tables herein authorized and regular inter- 31 est, the actuary shall determine as of June thirtieth, nineteen hundred 32 eighty and as of each succeeding June thirtieth, the amount of the total 33 liability for all benefits provided in this title, in articles eleven 34 and fourteen of the retirement and social security law and in any other 35 law prescribing benefits payable by the retirement system on account of 36 all members and beneficiaries, excluding the liability on account of 37 future increased-take-home-pay contributions, if any, and the liability 38 for benefits attributable to the annuity savings fund, provided, howev- 39 er, that in determining such total liability as of June thirtieth, nine- 40 teen hundred ninety-five and as of each succeeding June thirtieth, the 41 actuary shall include (A) the liability on account of future increased- 42 take-home-pay contributions, if any, (B) the liability on account of 43 future public employer obligations under the provisions of subdivision 44 twenty of section two hundred forty-three of the military law, to pay in 45 behalf of members qualifying for such benefit, member contributions with 46 respect to certain periods of the military service of such members and 47 (C) the liability for benefits attributable to the annuity savings fund. 48 S 4. Paragraph 2 of subdivision b of section 13-127 of the administra- 49 tive code of the city of New York is amended by adding a new subpara- 50 graph (d) to read as follows: 51 (D) (I) NOTWITHSTANDING THE PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH 52 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE NORMAL CONTRIBUTION 53 PAYABLE TO THE CONTINGENT RESERVE FUND IN FISCAL YEAR TWO THOUSAND 54 ELEVEN--TWO THOUSAND TWELVE, AND IN EACH FISCAL YEAR THEREAFTER, SHALL 55 BE THE ENTRY AGE NORMAL CONTRIBUTION, AS DETERMINED BY THE ACTUARY 56 PURSUANT TO THIS SUBPARAGRAPH IN A MANNER CONSISTENT WITH THE ENTRY AGE S. 2145 3 A. 2296 1 ACTUARIAL COST METHOD. THE ACTUARY SHALL DETERMINE THE ENTRY AGE NORMAL 2 CONTRIBUTION FOR EACH SUCH FISCAL YEAR AS OF JUNE THIRTIETH OF THE 3 SECOND FISCAL YEAR PRECEDING THE FISCAL YEAR IN WHICH SUCH NORMAL 4 CONTRIBUTION IS PAYABLE, BASED ON THE LATEST MORTALITY AND OTHER TABLES 5 APPLICABLE AT THE TIME HE OR SHE PERFORMS SUCH CALCULATIONS, AND THE 6 VALUATION RATE OF INTEREST AS PROVIDED FOR THE RETIREMENT SYSTEM IN 7 PARAGRAPH TWO OF SUBDIVISION B OF SECTION 13-638.2 OF THIS TITLE. 8 (II) IN CALCULATING THE ENTRY AGE NORMAL CONTRIBUTION PAYABLE IN ANY 9 SUCH FISCAL YEAR PURSUANT TO THIS SUBPARAGRAPH, THE ACTUARY, IN HIS OR 10 HER DISCRETION, MAY MAKE CERTAIN ADJUSTMENTS IN THE CALCULATION METHOD- 11 OLOGY, PROVIDED THAT SUCH ADJUSTMENTS ARE GENERALLY ACCEPTED AS CONSIST- 12 ENT WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND ARE DESIGNED, IN 13 GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS 14 FROM THEIR AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO 15 WHICH SUCH MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE 16 ACTUARY. SUCH GENERALLY ACCEPTED ADJUSTMENTS IN THE CALCULATION METHOD- 17 OLOGY, IN THE DISCRETION OF THE ACTUARY, MAY INCLUDE, BUT ARE NOT LIMIT- 18 ED TO, THE CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION (A) ON AN 19 INDIVIDUAL MEMBER BASIS BY CALCULATING THE AMOUNT OF THE ENTRY AGE 20 NORMAL CONTRIBUTION ATTRIBUTABLE TO EACH INDIVIDUAL MEMBER, AND THEN 21 ADDING TOGETHER SUCH INDIVIDUAL MEMBER AMOUNTS, (B) ON AN AGGREGATE 22 BASIS FOR ALL MEMBERS OR (C) ON ANY COMBINATION OF AN INDIVIDUAL MEMBER 23 BASIS AND AN AGGREGATE BASIS WHICH IS CONSISTENT WITH THE ENTRY AGE 24 ACTUARIAL COST METHOD, AND THE PRECEDING PROVISIONS OF THIS ITEM. 25 (III) FOR EACH SUCH FISCAL YEAR, THE ACTUARY, IN HIS OR HER 26 DISCRETION, SHALL DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF ITEM 27 (II) OF THIS SUBPARAGRAPH, THE METHODOLOGY FOR CALCULATING THE ENTRY AGE 28 NORMAL CONTRIBUTION PAYABLE FOR THAT PARTICULAR FISCAL YEAR. 29 (IV) THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH ITEM 30 (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE ACTUARY TO CALCULATE THE 31 ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL MEMBER BASIS BY (A) 32 MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL 33 MEMBER, AS DETERMINED BY THE ACTUARY, BY THE SALARY EXPECTED TO BE PAID 34 TO THAT MEMBER DURING THE FISCAL YEAR IN WHICH SUCH NORMAL CONTRIBUTION 35 IS PAYABLE, AND (B) CALCULATING THE SUM OF THE INDIVIDUAL ENTRY AGE 36 NORMAL CONTRIBUTIONS ATTRIBUTABLE TO ALL SUCH MEMBERS. THE ACTUARY, IN 37 HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR 38 DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL BASIS 39 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 40 PROVISIONS OF ITEM (II) OF THIS SUBPARAGRAPH. 41 (V) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 42 ACCORDANCE WITH ITEM (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE 43 ACTUARY TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE 44 BASIS BY MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR ALL 45 MEMBERS IN THE AGGREGATE, AS DETERMINED BY THE ACTUARY, BY THE AGGREGATE 46 AMOUNT OF THE SALARIES EXPECTED TO BE PAID TO ALL MEMBERS DURING THE 47 FISCAL YEAR IN WHICH THE NORMAL CONTRIBUTION IS PAYABLE. THE ACTUARY, IN 48 HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR 49 DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE BASIS 50 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 51 PROVISIONS OF ITEM (II) OF THIS SUBPARAGRAPH. 52 (VI) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 53 ACCORDANCE WITH ITEM (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE 54 CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION ON ANY OTHER BASIS 55 WHICH THE ACTUARY DEEMS APPROPRIATE, AND WHICH IS CONSISTENT WITH THE S. 2145 4 A. 2296 1 ENTRY AGE ACTUARIAL COST METHOD AND THE PROVISIONS OF ITEM (II) OF THIS 2 SUBPARAGRAPH. 3 (VII) (A) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORD- 4 ANCE WITH ITEM (III) OF THIS SUBPARAGRAPH REQUIRES THE DETERMINATION OF 5 AN ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL MEMBER IN 6 ORDER TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR EACH INDIVIDUAL 7 MEMBER, THE ACTUARY SHALL DETERMINE SUCH RATE FOR EACH SUCH MEMBER IN 8 ACCORDANCE WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS 9 DETERMINED BY THE ACTUARY FOR EACH SUCH MEMBER, SHALL BE CONSISTENT WITH 10 A METHOD DESIGNED, IN GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORK- 11 ING LIFETIME OF THAT PARTICULAR MEMBER FROM HIS OR HER AGE AT ENTRY, THE 12 ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH MEMBER IS EXPECTED TO 13 BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 14 (B) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH 15 ITEM (III) OF THIS SUBPARAGRAPH REQUIRES THE DETERMINATION OF AN ENTRY 16 AGE NORMAL CONTRIBUTION RATE FOR ALL MEMBERS IN THE AGGREGATE IN ORDER 17 TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR ALL MEMBERS IN THE 18 AGGREGATE, THE ACTUARY SHALL DETERMINE SUCH RATE IN ACCORDANCE WITH THE 19 ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS DETERMINED BY THE 20 ACTUARY, SHALL BE CONSISTENT WITH A METHOD DESIGNED, IN GENERAL, TO 21 FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS FROM THEIR 22 AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH 23 MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 24 S 5. Paragraph 1 of subdivision c of section 13-133 of the administra- 25 tive code of the city of New York is amended by adding a new subpara- 26 graph (G) to read as follows: 27 (G) WHERE A RESPONSIBLE OBLIGOR (AS DEFINED IN PARAGRAPH TEN OF SUBDI- 28 VISION A OF SECTION 13-638.2 OF THIS TITLE) IS REQUIRED TO MAKE PAYMENTS 29 TO THE RETIREMENT SYSTEM PURSUANT TO APPLICABLE PROVISIONS OF LAW IN 30 FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN, AND IN ANY 31 FISCAL YEAR THEREAFTER, AND THE PROVISIONS OF THIS SUBDIVISION OR THE 32 PROVISIONS OF ANY OTHER APPLICABLE LAW DO NOT OTHERWISE SPECIFICALLY 33 REQUIRE SUCH RESPONSIBLE OBLIGOR TO MAKE SUCH PAYMENTS BY A PARTICULAR 34 DATE OR DATES DURING SUCH FISCAL YEAR, SUCH RESPONSIBLE OBLIGOR SHALL 35 MAKE SUCH PAYMENTS EITHER (I) IN TOTAL ON OR BEFORE JANUARY FIRST OF 36 SUCH FISCAL YEAR, OR (II) IN TWELVE EQUAL MONTHLY INSTALLMENTS, AS 37 DETERMINED BY THE ACTUARY, WITH EACH MONTHLY INSTALLMENT TO BE PAID ON 38 OR BEFORE THE LAST DAY OF EACH MONTH. 39 S 6. Subparagraph 3 of paragraph (e) of subdivision 4 of section 40 13-194 of the administrative code of the city of New York, as amended by 41 chapter 255 of the laws of 2000, is amended to read as follows: 42 (3) Except as otherwise provided in SUBDIVISION ELEVEN OF THIS SECTION 43 AND IN sections 13-195 and 13-195.1 of this chapter, nothing contained 44 in this section shall create or impose any obligation on the part of the 45 retirement system, or the funds or monies thereof, or authorize such 46 funds or monies to be appropriated or used for any payment under this 47 section or for any purpose thereof. 48 S 7. Section 13-194 of the administrative code of the city of New York 49 is amended by adding a new subdivision 11 to read as follows: 50 11. IN THE EVENT THAT, FOR ANY CALENDAR YEAR COVERED BY A PAYMENT 51 GUARANTEE, THE ASSETS OF THE VARIABLE SUPPLEMENTS FUND ARE NOT SUFFI- 52 CIENT TO PAY BENEFITS UNDER THIS SECTION FOR SUCH YEAR, AN AMOUNT SUFFI- 53 CIENT TO PAY SUCH BENEFITS SHALL BE APPROPRIATED FROM THE CONTINGENT 54 RESERVE FUND OF THE RETIREMENT SYSTEM AND TRANSFERRED TO THE CORRECTION 55 OFFICERS' VARIABLE SUPPLEMENTS FUND. S. 2145 5 A. 2296 1 S 8. Subparagraph (a) of paragraph 1 of subdivision b of section 2 13-228 of the administrative code of the city of New York is amended by 3 adding two new items (i-a) and (i-b) to read as follows: 4 (I-A) ALL UNFUNDED ACCRUED LIABILITY INSTALLMENTS AS REQUIRED BY 5 SECTION 13-638.2 OF THIS TITLE OR ANY OTHER PROVISION OF LAW; AND 6 (I-B) ANY OTHER PAYMENTS TO THE CONTINGENT RESERVE FUND AS REQUIRED BY 7 APPLICABLE LAW; AND 8 S 9. Subparagraph (c) of paragraph 1 of subdivision b of section 9 13-228 of the administrative code of the city of New York is amended by 10 adding a new item (iv) to read as follows: 11 (IV) THE CITY SHALL MAKE ALL PAYMENTS TO THE PENSION FUND REQUIRED BY 12 APPLICABLE LAW IN ACCORDANCE WITH THE TIME OF PAYMENT REQUIREMENTS SET 13 FORTH IN SUBDIVISION C OF SECTION 13-231 OF THIS CHAPTER. COMMENCING 14 WITH PAYMENTS DUE IN FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIR- 15 TEEN, IN ANY FISCAL YEAR IN WHICH THE CITY DOES NOT MAKE ALL OR ANY 16 PORTION OF SUCH REQUIRED PAYMENTS TO THE PENSION FUND IN A TIMELY 17 MANNER, THE CITY SHALL BE REQUIRED TO PAY INTEREST TO THE PENSION FUND 18 ON SUCH OVERDUE AMOUNTS, AS DETERMINED BY THE ACTUARY. THE ACTUARY SHALL 19 DETERMINE, AT SUCH TIME AS HE OR SHE DEEMS APPROPRIATE, INTEREST 20 PAYMENTS ON SUCH OVERDUE AMOUNTS USING A RATE OF INTEREST EQUIVALENT TO 21 THE VALUATION RATE OF INTEREST (AS DEFINED IN PARAGRAPH ELEVEN OF SUBDI- 22 VISION A OF SECTION 13-638.2 OF THIS TITLE). THE CITY SHALL MAKE SUCH 23 INTEREST PAYMENTS ON OVERDUE AMOUNTS TO THE PENSION FUND IN THE MANNER 24 AND AT SUCH TIME AS THE ACTUARY DEEMS APPROPRIATE. 25 S 10. Item (i) of subparagraph (a) of paragraph 2 of subdivision b of 26 section 13-228 of the administrative code of the city of New York, as 27 amended by chapter 598 of the laws of 1996, is amended to read as 28 follows: 29 (i) NOTWITHSTANDING THE SUCCEEDING PROVISIONS OF THIS SUBPARAGRAPH OR 30 THE PROVISIONS OF SUBPARAGRAPH (A-ONE), (B), (C) OR (D) OF THIS PARA- 31 GRAPH, FOR FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, AND FOR 32 EACH FISCAL YEAR THEREAFTER, THE AMOUNT OF THE NORMAL CONTRIBUTION PAYA- 33 BLE TO THE CONTINGENT RESERVE FUND SHALL BE DETERMINED PURSUANT TO THE 34 PROVISIONS OF SUBPARAGRAPH (E) OF THIS PARAGRAPH. Upon the basis of the 35 latest mortality and other tables herein authorized and regular inter- 36 est, the actuary shall determine, as of June thirtieth, nineteen hundred 37 eighty and as of each succeeding June thirtieth, the amount of the total 38 liability for all benefits provided in this subchapter, in article elev- 39 en of the retirement and social security law, article fourteen of such 40 law (if and when applicable) and in any other law prescribing benefits 41 payable by the pension fund on account of all members and beneficiaries, 42 excluding the liability on account of future increased-take-home-pay 43 contributions, if any, and the liability for benefits attributable to 44 the annuity savings fund, provided, however, that in determining such 45 total liability for all benefits as of June thirtieth, nineteen hundred 46 ninety-five and as of each succeeding June thirtieth, the actuary shall 47 include (A) the liability on account of future increased-take-home-pay 48 contributions, if any, (B) the liability on account of future public 49 employer obligations under the provisions of subdivision twenty of 50 section two hundred forty-three of the military law, to pay in behalf of 51 members qualifying for such benefit, member contributions with respect 52 to certain periods of the military service of such members and (C) the 53 liability for benefits attributable to the annuity savings fund. 54 S 11. Paragraph 2 of subdivision b of section 13-228 of the adminis- 55 trative code of the city of New York is amended by adding a new subpara- 56 graph (e) to read as follows: S. 2145 6 A. 2296 1 (E) (I) NOTWITHSTANDING THE PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH 2 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE NORMAL CONTRIBUTION 3 PAYABLE TO THE CONTINGENT RESERVE FUND IN FISCAL YEAR TWO THOUSAND 4 ELEVEN--TWO THOUSAND TWELVE, AND IN EACH FISCAL YEAR THEREAFTER, SHALL 5 BE THE ENTRY AGE NORMAL CONTRIBUTION, AS DETERMINED BY THE ACTUARY 6 PURSUANT TO THIS SUBPARAGRAPH IN A MANNER CONSISTENT WITH THE ENTRY AGE 7 ACTUARIAL COST METHOD. THE ACTUARY SHALL DETERMINE THE ENTRY AGE NORMAL 8 CONTRIBUTION FOR EACH SUCH FISCAL YEAR AS OF JUNE THIRTIETH OF THE 9 SECOND FISCAL YEAR PRECEDING THE FISCAL YEAR IN WHICH SUCH NORMAL 10 CONTRIBUTION IS PAYABLE, BASED ON THE LATEST MORTALITY AND OTHER TABLES 11 APPLICABLE AT THE TIME HE OR SHE PERFORMS SUCH CALCULATIONS, AND THE 12 VALUATION RATE OF INTEREST AS PROVIDED FOR THE PENSION FUND IN PARAGRAPH 13 TWO OF SUBDIVISION B OF SECTION 13-638.2 OF THIS TITLE. 14 (II) IN CALCULATING THE ENTRY AGE NORMAL CONTRIBUTION PAYABLE IN ANY 15 SUCH FISCAL YEAR PURSUANT TO THIS SUBPARAGRAPH, THE ACTUARY, IN HIS OR 16 HER DISCRETION, MAY MAKE CERTAIN ADJUSTMENTS IN THE CALCULATION METHOD- 17 OLOGY, PROVIDED THAT SUCH ADJUSTMENTS ARE GENERALLY ACCEPTED AS CONSIST- 18 ENT WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND ARE DESIGNED, IN 19 GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS 20 FROM THEIR AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO 21 WHICH SUCH MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE 22 ACTUARY. SUCH GENERALLY ACCEPTED ADJUSTMENTS IN THE CALCULATION METHOD- 23 OLOGY, IN THE DISCRETION OF THE ACTUARY, MAY INCLUDE, BUT ARE NOT LIMIT- 24 ED TO, THE CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION (A) ON AN 25 INDIVIDUAL MEMBER BASIS BY CALCULATING THE AMOUNT OF THE ENTRY AGE 26 NORMAL CONTRIBUTION ATTRIBUTABLE TO EACH INDIVIDUAL MEMBER, AND THEN 27 ADDING TOGETHER SUCH INDIVIDUAL MEMBER AMOUNTS, (B) ON AN AGGREGATE 28 BASIS FOR ALL MEMBERS OR (C) ON ANY COMBINATION OF AN INDIVIDUAL MEMBER 29 BASIS AND AN AGGREGATE BASIS WHICH IS CONSISTENT WITH THE ENTRY AGE 30 ACTUARIAL COST METHOD, AND THE PRECEDING PROVISIONS OF THIS ITEM. 31 (III) FOR EACH SUCH FISCAL YEAR, THE ACTUARY, IN HIS OR HER 32 DISCRETION, SHALL DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF ITEM 33 (II) OF THIS SUBPARAGRAPH, THE METHODOLOGY FOR CALCULATING THE ENTRY AGE 34 NORMAL CONTRIBUTION PAYABLE FOR THAT PARTICULAR FISCAL YEAR. 35 (IV) THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH ITEM 36 (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE ACTUARY TO CALCULATE THE 37 ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL MEMBER BASIS BY (A) 38 MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL 39 MEMBER, AS DETERMINED BY THE ACTUARY, BY THE SALARY EXPECTED TO BE PAID 40 TO THAT MEMBER DURING THE FISCAL YEAR IN WHICH SUCH NORMAL CONTRIBUTION 41 IS PAYABLE, AND (B) CALCULATING THE SUM OF THE INDIVIDUAL ENTRY AGE 42 NORMAL CONTRIBUTIONS ATTRIBUTABLE TO ALL SUCH MEMBERS. THE ACTUARY, IN 43 HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR 44 DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL BASIS 45 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 46 PROVISIONS OF ITEM (II) OF THIS SUBPARAGRAPH. 47 (V) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 48 ACCORDANCE WITH ITEM (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE 49 ACTUARY TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE 50 BASIS BY MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR ALL 51 MEMBERS IN THE AGGREGATE, AS DETERMINED BY THE ACTUARY, BY THE AGGREGATE 52 AMOUNT OF THE SALARIES EXPECTED TO BE PAID TO ALL MEMBERS DURING THE 53 FISCAL YEAR IN WHICH THE NORMAL CONTRIBUTION IS PAYABLE. THE ACTUARY, IN 54 HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR 55 DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE BASIS S. 2145 7 A. 2296 1 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 2 PROVISIONS OF ITEM (II) OF THIS SUBPARAGRAPH. 3 (VI) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 4 ACCORDANCE WITH ITEM (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE 5 CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION ON ANY OTHER BASIS 6 WHICH THE ACTUARY DEEMS APPROPRIATE, AND WHICH IS CONSISTENT WITH THE 7 ENTRY AGE ACTUARIAL COST METHOD AND THE PROVISIONS OF ITEM (II) OF THIS 8 SUBPARAGRAPH. 9 (VII) (A) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORD- 10 ANCE WITH ITEM (III) OF THIS SUBPARAGRAPH REQUIRES THE DETERMINATION OF 11 AN ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL MEMBER IN 12 ORDER TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR EACH INDIVIDUAL 13 MEMBER, THE ACTUARY SHALL DETERMINE SUCH RATE FOR EACH SUCH MEMBER IN 14 ACCORDANCE WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS 15 DETERMINED BY THE ACTUARY FOR EACH SUCH MEMBER, SHALL BE CONSISTENT WITH 16 A METHOD DESIGNED, IN GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORK- 17 ING LIFETIME OF THAT PARTICULAR MEMBER FROM HIS OR HER AGE AT ENTRY, THE 18 ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH MEMBER IS EXPECTED TO 19 BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 20 (B) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH 21 ITEM (III) OF THIS SUBPARAGRAPH REQUIRES THE DETERMINATION OF AN ENTRY 22 AGE NORMAL CONTRIBUTION RATE FOR ALL MEMBERS IN THE AGGREGATE IN ORDER 23 TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR ALL MEMBERS IN THE 24 AGGREGATE, THE ACTUARY SHALL DETERMINE SUCH RATE IN ACCORDANCE WITH THE 25 ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS DETERMINED BY THE 26 ACTUARY, SHALL BE CONSISTENT WITH A METHOD DESIGNED, IN GENERAL, TO 27 FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS FROM THEIR 28 AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH 29 MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 30 S 12. Paragraph 3 of subdivision b of section 13-271 of the adminis- 31 trative code of the city of New York, as amended by chapter 247 of the 32 laws of 1988, is amended to read as follows: 33 (3) Except as otherwise provided in SUBDIVISION F OF THIS SECTION AND 34 IN sections 13-232 and 13-232.1 of this chapter, nothing contained in 35 this subchapter shall create or impose any obligation on the part of 36 pension fund, subchapter one or pension fund, subchapter two or the 37 funds or monies thereof, or authorize such funds or monies to be appro- 38 priated or used for any payment under this subchapter or for any purpose 39 thereof. 40 S 13. Section 13-271 of the administrative code of the city of New 41 York is amended by adding a new subdivision f to read as follows: 42 F. IN THE EVENT THAT THE ASSETS OF THE VARIABLE SUPPLEMENTS FUND ARE 43 NOT SUFFICIENT TO PAY BENEFITS UNDER THIS SECTION FOR ANY CALENDAR YEAR, 44 AN AMOUNT SUFFICIENT TO PAY SUCH BENEFITS SHALL BE APPROPRIATED FROM THE 45 CONTINGENT RESERVE FUND OF PENSION FUND, SUBCHAPTER TWO AND TRANSFERRED 46 TO THE POLICE OFFICERS' VARIABLE SUPPLEMENTS FUND. 47 S 14. Paragraph 3 of subdivision b of section 13-281 of the adminis- 48 trative code of the city of New York, as amended by chapter 479 of the 49 laws of 1993, is amended to read as follows: 50 (3) Except as otherwise provided in SUBDIVISION F OF THIS SECTION AND 51 IN sections 13-232, 13-232.2 and 13-232.3 of this chapter, nothing 52 contained in this subchapter shall create or impose any obligation on 53 the part of pension fund, subchapter one or pension fund, subchapter two 54 or the funds or monies thereof, or authorize such funds or monies to be 55 appropriated or used for any payment under this subchapter or for any 56 purpose thereof. S. 2145 8 A. 2296 1 S 15. Section 13-281 of the administrative code of the city of New 2 York is amended by adding a new subdivision f to read as follows: 3 F. IN THE EVENT THAT THE ASSETS OF THE VARIABLE SUPPLEMENTS FUND ARE 4 NOT SUFFICIENT TO PAY BENEFITS UNDER THIS SECTION FOR ANY CALENDAR YEAR, 5 AN AMOUNT SUFFICIENT TO PAY SUCH BENEFITS SHALL BE APPROPRIATED FROM THE 6 CONTINGENT RESERVE FUND OF PENSION FUND, SUBCHAPTER TWO AND TRANSFERRED 7 TO THE POLICE SUPERIOR OFFICERS' VARIABLE SUPPLEMENTS FUND. 8 S 16. Subparagraph (a) of paragraph 1 of subdivision b of section 9 13-331 of the administrative code of the city of New York is amended by 10 adding two new items (i-a) and (i-b) to read as follows: 11 (I-A) ALL UNFUNDED ACCRUED LIABILITY INSTALLMENTS AS REQUIRED BY 12 SECTION 13-638.2 OF THIS TITLE OR ANY OTHER PROVISION OF LAW; AND 13 (I-B) ANY OTHER PAYMENTS TO THE CONTINGENT RESERVE FUND AS REQUIRED BY 14 APPLICABLE LAW; AND 15 S 17. Subparagraph (c) of paragraph 1 of subdivision b of section 16 13-331 of the administrative code of the city of New York is amended by 17 adding a new item (iv) to read as follows: 18 (IV) THE CITY SHALL MAKE ALL PAYMENTS TO THE PENSION FUND REQUIRED BY 19 APPLICABLE LAW IN ACCORDANCE WITH THE TIME OF PAYMENT REQUIREMENTS SET 20 FORTH IN SUBDIVISION C OF SECTION 13-334 OF THIS CHAPTER. COMMENCING 21 WITH PAYMENTS DUE IN FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIR- 22 TEEN, IN ANY FISCAL YEAR IN WHICH THE CITY DOES NOT MAKE ALL OR ANY 23 PORTION OF SUCH REQUIRED PAYMENTS TO THE PENSION FUND IN A TIMELY 24 MANNER, THE CITY SHALL BE REQUIRED TO PAY INTEREST TO THE PENSION FUND 25 ON SUCH OVERDUE AMOUNTS, AS DETERMINED BY THE ACTUARY. THE ACTUARY SHALL 26 DETERMINE, AT SUCH TIME AS HE OR SHE DEEMS APPROPRIATE, INTEREST 27 PAYMENTS ON SUCH OVERDUE AMOUNTS USING A RATE OF INTEREST EQUIVALENT TO 28 THE VALUATION RATE OF INTEREST (AS DEFINED IN PARAGRAPH ELEVEN OF SUBDI- 29 VISION A OF SECTION 13-638.2 OF THIS TITLE). THE CITY SHALL MAKE SUCH 30 INTEREST PAYMENTS ON OVERDUE AMOUNTS TO THE PENSION FUND IN THE MANNER 31 AND AT SUCH TIME AS THE ACTUARY DEEMS APPROPRIATE. 32 S 18. Item (i) of subparagraph (a) of paragraph 2 of subdivision b of 33 section 13-331 of the administrative code of the city of New York, as 34 amended by chapter 249 of the laws of 1996, is amended to read as 35 follows: 36 (i) NOTWITHSTANDING THE SUCCEEDING PROVISIONS OF THIS SUBPARAGRAPH OR 37 THE PROVISIONS OF SUBPARAGRAPH (A-ONE), (B), (C) OR (D) OF THIS PARA- 38 GRAPH, FOR FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, AND FOR 39 EACH FISCAL YEAR THEREAFTER, THE AMOUNT OF THE NORMAL CONTRIBUTION PAYA- 40 BLE TO THE CONTINGENT RESERVE FUND SHALL BE DETERMINED PURSUANT TO THE 41 PROVISIONS OF SUBPARAGRAPH (E) OF THIS PARAGRAPH. Upon the basis of the 42 latest mortality and other tables herein authorized and regular inter- 43 est, the actuary shall determine, as of June thirtieth, nineteen hundred 44 eighty and as of each succeeding June thirtieth, the amount of the total 45 liability for all benefits provided in this subchapter, in article elev- 46 en of the retirement and social security law and in any other law 47 prescribing benefits payable by the pension fund, on account of all 48 members and beneficiaries, excluding the liability on account of future 49 increased-take-home-pay contributions, if any, and the liability for 50 benefits attributable to the annuity savings fund, provided, however, 51 that in determining such total liability for all benefits as of June 52 thirtieth, nineteen hundred ninety-five and as of each succeeding June 53 thirtieth, the actuary shall include (A) the liability on account of 54 future increased-take-home-pay contributions, if any, (B) the liability 55 on account of future public employer obligations under the provisions of 56 subdivision twenty of section two hundred forty-three of the military S. 2145 9 A. 2296 1 law, to pay in behalf of members qualifying for such benefit, member 2 contributions with respect to certain periods of the military service of 3 such members and (C) the liability for benefits attributable to the 4 annuity savings fund. 5 S 19. Paragraph 2 of subdivision b of section 13-331 of the adminis- 6 trative code of the city of New York is amended by adding a new subpara- 7 graph (e) to read as follows: 8 (E) (I) NOTWITHSTANDING THE PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH 9 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE NORMAL CONTRIBUTION 10 PAYABLE TO THE CONTINGENT RESERVE FUND IN FISCAL YEAR TWO THOUSAND 11 ELEVEN--TWO THOUSAND TWELVE, AND IN EACH FISCAL YEAR THEREAFTER, SHALL 12 BE THE ENTRY AGE NORMAL CONTRIBUTION, AS DETERMINED BY THE ACTUARY 13 PURSUANT TO THIS SUBPARAGRAPH IN A MANNER CONSISTENT WITH THE ENTRY AGE 14 ACTUARIAL COST METHOD. THE ACTUARY SHALL DETERMINE THE ENTRY AGE NORMAL 15 CONTRIBUTION FOR EACH SUCH FISCAL YEAR AS OF JUNE THIRTIETH OF THE 16 SECOND FISCAL YEAR PRECEDING THE FISCAL YEAR IN WHICH SUCH NORMAL 17 CONTRIBUTION IS PAYABLE, BASED ON THE LATEST MORTALITY AND OTHER TABLES 18 APPLICABLE AT THE TIME HE OR SHE PERFORMS SUCH CALCULATIONS, AND THE 19 VALUATION RATE OF INTEREST AS PROVIDED FOR THE PENSION FUND IN PARAGRAPH 20 TWO OF SUBDIVISION B OF SECTION 13-638.2 OF THIS TITLE. 21 (II) IN CALCULATING THE ENTRY AGE NORMAL CONTRIBUTION PAYABLE IN ANY 22 SUCH FISCAL YEAR PURSUANT TO THIS SUBPARAGRAPH, THE ACTUARY, IN HIS OR 23 HER DISCRETION, MAY MAKE CERTAIN ADJUSTMENTS IN THE CALCULATION METHOD- 24 OLOGY, PROVIDED THAT SUCH ADJUSTMENTS ARE GENERALLY ACCEPTED AS CONSIST- 25 ENT WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND ARE DESIGNED, IN 26 GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS 27 FROM THEIR AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO 28 WHICH SUCH MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE 29 ACTUARY. SUCH GENERALLY ACCEPTED ADJUSTMENTS IN THE CALCULATION METHOD- 30 OLOGY, IN THE DISCRETION OF THE ACTUARY, MAY INCLUDE, BUT ARE NOT LIMIT- 31 ED TO, THE CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION (A) ON AN 32 INDIVIDUAL MEMBER BASIS BY CALCULATING THE AMOUNT OF THE ENTRY AGE 33 NORMAL CONTRIBUTION ATTRIBUTABLE TO EACH INDIVIDUAL MEMBER, AND THEN 34 ADDING TOGETHER SUCH INDIVIDUAL MEMBER AMOUNTS, (B) ON AN AGGREGATE 35 BASIS FOR ALL MEMBERS OR (C) ON ANY COMBINATION OF AN INDIVIDUAL MEMBER 36 BASIS AND AN AGGREGATE BASIS WHICH IS CONSISTENT WITH THE ENTRY AGE 37 ACTUARIAL COST METHOD, AND THE PRECEDING PROVISIONS OF THIS ITEM. 38 (III) FOR EACH SUCH FISCAL YEAR, THE ACTUARY, IN HIS OR HER 39 DISCRETION, SHALL DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF ITEM 40 (II) OF THIS SUBPARAGRAPH, THE METHODOLOGY FOR CALCULATING THE ENTRY AGE 41 NORMAL CONTRIBUTION PAYABLE FOR THAT PARTICULAR FISCAL YEAR. 42 (IV) THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH ITEM 43 (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE ACTUARY TO CALCULATE THE 44 ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL MEMBER BASIS BY (A) 45 MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL 46 MEMBER, AS DETERMINED BY THE ACTUARY, BY THE SALARY EXPECTED TO BE PAID 47 TO THAT MEMBER DURING THE FISCAL YEAR IN WHICH SUCH NORMAL CONTRIBUTION 48 IS PAYABLE, AND (B) CALCULATING THE SUM OF THE INDIVIDUAL ENTRY AGE 49 NORMAL CONTRIBUTIONS ATTRIBUTABLE TO ALL SUCH MEMBERS. THE ACTUARY, IN 50 HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR 51 DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL BASIS 52 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 53 PROVISIONS OF ITEM (II) OF THIS SUBPARAGRAPH. 54 (V) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 55 ACCORDANCE WITH ITEM (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE 56 ACTUARY TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE S. 2145 10 A. 2296 1 BASIS BY MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR ALL 2 MEMBERS IN THE AGGREGATE, AS DETERMINED BY THE ACTUARY, BY THE AGGREGATE 3 AMOUNT OF THE SALARIES EXPECTED TO BE PAID TO ALL MEMBERS DURING THE 4 FISCAL YEAR IN WHICH THE NORMAL CONTRIBUTION IS PAYABLE. THE ACTUARY, IN 5 HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR 6 DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE BASIS 7 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 8 PROVISIONS OF ITEM (II) OF THIS SUBPARAGRAPH. 9 (VI) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 10 ACCORDANCE WITH ITEM (III) OF THIS SUBPARAGRAPH MAY PROVIDE FOR THE 11 CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION ON ANY OTHER BASIS 12 WHICH THE ACTUARY DEEMS APPROPRIATE, AND WHICH IS CONSISTENT WITH THE 13 ENTRY AGE ACTUARIAL COST METHOD AND THE PROVISIONS OF ITEM (II) OF THIS 14 SUBPARAGRAPH. 15 (VII) (A) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORD- 16 ANCE WITH ITEM (III) OF THIS SUBPARAGRAPH REQUIRES THE DETERMINATION OF 17 AN ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL MEMBER IN 18 ORDER TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR EACH INDIVIDUAL 19 MEMBER, THE ACTUARY SHALL DETERMINE SUCH RATE FOR EACH SUCH MEMBER IN 20 ACCORDANCE WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS 21 DETERMINED BY THE ACTUARY FOR EACH SUCH MEMBER, SHALL BE CONSISTENT WITH 22 A METHOD DESIGNED, IN GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORK- 23 ING LIFETIME OF THAT PARTICULAR MEMBER FROM HIS OR HER AGE AT ENTRY, THE 24 ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH MEMBER IS EXPECTED TO 25 BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 26 (B) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH 27 ITEM (III) OF THIS SUBPARAGRAPH REQUIRES THE DETERMINATION OF AN ENTRY 28 AGE NORMAL CONTRIBUTION RATE FOR ALL MEMBERS IN THE AGGREGATE IN ORDER 29 TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR ALL MEMBERS IN THE 30 AGGREGATE, THE ACTUARY SHALL DETERMINE SUCH RATE IN ACCORDANCE WITH THE 31 ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS DETERMINED BY THE 32 ACTUARY, SHALL BE CONSISTENT WITH A METHOD DESIGNED, IN GENERAL, TO 33 FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS FROM THEIR 34 AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH 35 MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 36 S 20. Paragraph 1 of subdivision a of section 13-527 of the adminis- 37 trative code of the city of New York is amended by adding two new 38 subparagraphs (a-1) and (a-2) to read as follows: 39 (A-1) ALL UNFUNDED ACCRUED LIABILITY INSTALLMENTS AS REQUIRED BY 40 SECTION 13-638.2 OF THIS TITLE OR ANY OTHER PROVISION OF LAW; AND 41 (A-2) ANY OTHER PAYMENTS TO THE CONTINGENT RESERVE FUND AS REQUIRED BY 42 APPLICABLE LAW; AND 43 S 21. Paragraph 3 of subdivision a of section 13-527 of the adminis- 44 trative code of the city of New York is amended by adding a new subpara- 45 graph (iv) to read as follows: 46 (IV) THE CITY AND ALL OTHER RESPONSIBLE OBLIGORS (AS DEFINED IN PARA- 47 GRAPH TEN OF SUBDIVISION A OF SECTION 13-638.2 OF THIS TITLE) SHALL MAKE 48 ALL PAYMENTS TO THE RETIREMENT SYSTEM REQUIRED BY APPLICABLE LAW IN 49 ACCORDANCE WITH THE TIME OF PAYMENT REQUIREMENTS SET FORTH IN SUBDIVI- 50 SION (C) OF SECTION 13-533 OF THIS CHAPTER. ANY RESPONSIBLE OBLIGOR 51 WHICH DOES NOT MAKE ALL OR ANY PORTION OF SUCH REQUIRED PAYMENTS TO THE 52 RETIREMENT SYSTEM IN A TIMELY MANNER IN FISCAL YEAR TWO THOUSAND 53 TWELVE--TWO THOUSAND THIRTEEN, OR IN ANY FISCAL YEAR THEREAFTER, SHALL 54 BE REQUIRED TO PAY INTEREST TO THE RETIREMENT SYSTEM ON SUCH OVERDUE 55 AMOUNTS, AS DETERMINED BY THE ACTUARY. THE ACTUARY SHALL DETERMINE, AT 56 SUCH TIME AS HE OR SHE DEEMS APPROPRIATE, INTEREST PAYMENTS ON SUCH S. 2145 11 A. 2296 1 OVERDUE AMOUNTS USING A RATE OF INTEREST EQUIVALENT TO THE VALUATION 2 RATE OF INTEREST (AS DEFINED IN PARAGRAPH ELEVEN OF SUBDIVISION A OF 3 SECTION 13-638.2 OF THIS TITLE). RESPONSIBLE OBLIGORS SHALL MAKE SUCH 4 INTEREST PAYMENTS ON OVERDUE AMOUNTS TO THE RETIREMENT SYSTEM IN THE 5 MANNER AND AT SUCH TIME AS THE ACTUARY DEEMS APPROPRIATE. 6 S 22. Paragraph 1 of subdivision b of section 13-527 of the adminis- 7 trative code of the city of New York, as amended by chapter 85 of the 8 laws of 2000, is amended to read as follows: 9 (1) NOTWITHSTANDING THE SUCCEEDING PROVISIONS OF THIS PARAGRAPH OR THE 10 PROVISIONS OF PARAGRAPH ONE-A, TWO, THREE OR FOUR OF THIS SUBDIVISION, 11 FOR FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, AND FOR EACH 12 FISCAL YEAR THEREAFTER, THE AMOUNT OF THE NORMAL CONTRIBUTION PAYABLE TO 13 THE CONTINGENT RESERVE FUND SHALL BE DETERMINED PURSUANT TO THE 14 PROVISIONS OF PARAGRAPH FIVE OF THIS SUBDIVISION. Upon the basis of the 15 latest mortality and other tables herein authorized and regular inter- 16 est, the actuary shall determine as of June thirtieth, nineteen hundred 17 eighty and as of each succeeding June thirtieth, the amount of the total 18 liability for all benefits provided in this chapter, in articles eleven 19 and fourteen of the retirement and social security law and in any other 20 law prescribing benefits payable by the retirement system on account of 21 all contributors and beneficiaries, excluding the liability on account 22 of future increased-take-home-pay contributions, if any, and the liabil- 23 ity for benefits attributable to the annuity savings fund and to the 24 variable annuity savings fund, provided, however, that in determining 25 such total liability as of June thirtieth, nineteen hundred ninety-five 26 and as of each succeeding June thirtieth, the actuary shall include (a) 27 the liability on account of future reserve-for-increased-take-home-pay 28 contributions, if any, (b) the liability on account of future city obli- 29 gations under the provisions of subdivision twenty of section two 30 hundred forty-three of the military law, to pay in behalf of contribu- 31 tors qualifying for such benefit, member contributions with respect to 32 certain periods of the military service of such contributors, and (c) 33 the liability for benefits attributable to the annuity savings fund and 34 to the variable annuity savings fund, and provided further that in 35 determining such total liability as of June thirtieth, nineteen hundred 36 ninety-nine and as of each succeeding June thirtieth, the actuary shall 37 include any other liability, as determined by the actuary, for benefits 38 attributable to the variable annuity programs, and provided further that 39 in determining such total liability as of June thirtieth, two thousand 40 and as of each succeeding June thirtieth, the actuary shall include the 41 amount, if any, as estimated by the actuary, of the total liability of 42 the retirement system on account of payments which the retirement system 43 may be required to make to any other fund without a corresponding offset 44 in the liabilities of the retirement system. 45 S 23. Subdivision b of section 13-527 of the administrative code of 46 the city of New York is amended by adding a new paragraph 5 to read as 47 follows: 48 (5) (A) NOTWITHSTANDING THE PRECEDING PARAGRAPHS OF THIS SUBDIVISION 49 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE NORMAL CONTRIBUTION 50 PAYABLE TO THE CONTINGENT RESERVE FUND IN FISCAL YEAR TWO THOUSAND 51 ELEVEN--TWO THOUSAND TWELVE, AND IN EACH FISCAL YEAR THEREAFTER, SHALL 52 BE THE ENTRY AGE NORMAL CONTRIBUTION, AS DETERMINED BY THE ACTUARY 53 PURSUANT TO THIS PARAGRAPH IN A MANNER CONSISTENT WITH THE ENTRY AGE 54 ACTUARIAL COST METHOD. THE ACTUARY SHALL DETERMINE THE ENTRY AGE NORMAL 55 CONTRIBUTION FOR EACH SUCH FISCAL YEAR AS OF JUNE THIRTIETH OF THE 56 SECOND FISCAL YEAR PRECEDING THE FISCAL YEAR IN WHICH SUCH NORMAL S. 2145 12 A. 2296 1 CONTRIBUTION IS PAYABLE, BASED ON THE LATEST MORTALITY AND OTHER TABLES 2 APPLICABLE AT THE TIME HE OR SHE PERFORMS SUCH CALCULATIONS, AND THE 3 VALUATION RATE OF INTEREST AS PROVIDED FOR THE RETIREMENT SYSTEM IN 4 PARAGRAPH TWO OF SUBDIVISION B OF SECTION 13-638.2 OF THIS TITLE. 5 (B) IN CALCULATING THE ENTRY AGE NORMAL CONTRIBUTION PAYABLE IN ANY 6 SUCH FISCAL YEAR PURSUANT TO THIS PARAGRAPH, THE ACTUARY, IN HIS OR HER 7 DISCRETION, MAY MAKE CERTAIN ADJUSTMENTS IN THE CALCULATION METHODOLOGY, 8 PROVIDED THAT SUCH ADJUSTMENTS ARE GENERALLY ACCEPTED AS CONSISTENT WITH 9 THE ENTRY AGE ACTUARIAL COST METHOD, AND ARE DESIGNED, IN GENERAL, TO 10 FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS FROM THEIR 11 AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH 12 MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 13 SUCH GENERALLY ACCEPTED ADJUSTMENTS IN THE CALCULATION METHODOLOGY, IN 14 THE DISCRETION OF THE ACTUARY, MAY INCLUDE, BUT ARE NOT LIMITED TO, THE 15 CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION (I) ON AN INDIVIDUAL 16 MEMBER BASIS BY CALCULATING THE AMOUNT OF THE ENTRY AGE NORMAL CONTRIB- 17 UTION ATTRIBUTABLE TO EACH INDIVIDUAL MEMBER, AND THEN ADDING TOGETHER 18 SUCH INDIVIDUAL MEMBER AMOUNTS, (II) ON AN AGGREGATE BASIS FOR ALL 19 MEMBERS OR (III) ON ANY COMBINATION OF AN INDIVIDUAL MEMBER BASIS AND AN 20 AGGREGATE BASIS WHICH IS CONSISTENT WITH THE ENTRY AGE ACTUARIAL COST 21 METHOD, AND THE PRECEDING PROVISIONS OF THIS SUBPARAGRAPH. 22 (C) FOR EACH SUCH FISCAL YEAR, THE ACTUARY, IN HIS OR HER DISCRETION, 23 SHALL DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH (B) 24 OF THIS PARAGRAPH, THE METHODOLOGY FOR CALCULATING THE ENTRY AGE NORMAL 25 CONTRIBUTION PAYABLE FOR THAT PARTICULAR FISCAL YEAR. 26 (D) THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH 27 SUBPARAGRAPH (C) OF THIS PARAGRAPH MAY PROVIDE FOR THE ACTUARY TO CALCU- 28 LATE THE ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL MEMBER BASIS BY 29 (I) MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVID- 30 UAL MEMBER, AS DETERMINED BY THE ACTUARY, BY THE SALARY EXPECTED TO BE 31 PAID TO THAT MEMBER DURING THE FISCAL YEAR IN WHICH SUCH NORMAL CONTRIB- 32 UTION IS PAYABLE, AND (II) CALCULATING THE SUM OF THE INDIVIDUAL ENTRY 33 AGE NORMAL CONTRIBUTIONS ATTRIBUTABLE TO ALL SUCH MEMBERS. THE ACTUARY, 34 IN HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY 35 FOR DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL BASIS 36 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 37 PROVISIONS OF SUBPARAGRAPH (B) OF THIS PARAGRAPH. 38 (E) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 39 ACCORDANCE WITH SUBPARAGRAPH (C) OF THIS PARAGRAPH MAY PROVIDE FOR THE 40 ACTUARY TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE 41 BASIS BY MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR ALL 42 MEMBERS IN THE AGGREGATE, AS DETERMINED BY THE ACTUARY, BY THE AGGREGATE 43 AMOUNT OF THE SALARIES EXPECTED TO BE PAID TO ALL MEMBERS DURING THE 44 FISCAL YEAR IN WHICH THE NORMAL CONTRIBUTION IS PAYABLE. THE ACTUARY, IN 45 HIS OR HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR 46 DETERMINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE BASIS 47 WHICH HE OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE 48 PROVISIONS OF SUBPARAGRAPH (B) OF THIS PARAGRAPH. 49 (F) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 50 ACCORDANCE WITH SUBPARAGRAPH (C) OF THIS PARAGRAPH MAY PROVIDE FOR THE 51 CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION ON ANY OTHER BASIS 52 WHICH THE ACTUARY DEEMS APPROPRIATE, AND WHICH IS CONSISTENT WITH THE 53 ENTRY AGE ACTUARIAL COST METHOD AND THE PROVISIONS OF SUBPARAGRAPH (B) 54 OF THIS PARAGRAPH. 55 (G) (I) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE 56 WITH SUBPARAGRAPH (C) OF THIS PARAGRAPH REQUIRES THE DETERMINATION OF AN S. 2145 13 A. 2296 1 ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL MEMBER IN ORDER 2 TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR EACH INDIVIDUAL 3 MEMBER, THE ACTUARY SHALL DETERMINE SUCH RATE FOR EACH SUCH MEMBER IN 4 ACCORDANCE WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS 5 DETERMINED BY THE ACTUARY FOR EACH SUCH MEMBER, SHALL BE CONSISTENT WITH 6 A METHOD DESIGNED, IN GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORK- 7 ING LIFETIME OF THAT PARTICULAR MEMBER FROM HIS OR HER AGE AT ENTRY, THE 8 ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH MEMBER IS EXPECTED TO 9 BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 10 (II) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE 11 WITH SUBPARAGRAPH (C) OF THIS PARAGRAPH REQUIRES THE DETERMINATION OF AN 12 ENTRY AGE NORMAL CONTRIBUTION RATE FOR ALL MEMBERS IN THE AGGREGATE IN 13 ORDER TO CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR ALL MEMBERS IN 14 THE AGGREGATE, THE ACTUARY SHALL DETERMINE SUCH RATE IN ACCORDANCE WITH 15 THE ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS DETERMINED BY THE 16 ACTUARY, SHALL BE CONSISTENT WITH A METHOD DESIGNED, IN GENERAL, TO 17 FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS FROM THEIR 18 AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH 19 MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 20 S 24. Subdivision (c) of section 13-533 of the administrative code of 21 the city of New York is amended by adding a new paragraph 2-a to read as 22 follows: 23 (2-A) WHERE A RESPONSIBLE OBLIGOR (AS DEFINED IN PARAGRAPH TEN OF 24 SUBDIVISION A OF SECTION 13-638.2 OF THIS TITLE) IS REQUIRED TO MAKE 25 PAYMENTS TO THE RETIREMENT SYSTEM PURSUANT TO APPLICABLE PROVISIONS OF 26 LAW IN FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN, AND IN 27 ANY FISCAL YEAR THEREAFTER, AND THE PROVISIONS OF THIS SUBDIVISION OR 28 THE PROVISIONS OF ANY OTHER APPLICABLE LAW DO NOT OTHERWISE SPECIFICALLY 29 REQUIRE SUCH RESPONSIBLE OBLIGOR TO MAKE SUCH PAYMENTS BY A PARTICULAR 30 DATE OR DATES DURING SUCH FISCAL YEAR, SUCH RESPONSIBLE OBLIGOR SHALL 31 MAKE SUCH PAYMENTS EITHER (A) IN TOTAL ON OR BEFORE JANUARY FIRST OF 32 SUCH FISCAL YEAR, OR (B) IN TWELVE EQUAL MONTHLY INSTALLMENTS, AS DETER- 33 MINED BY THE ACTUARY, WITH EACH MONTHLY INSTALLMENT TO BE PAID ON OR 34 BEFORE THE LAST DAY OF EACH MONTH. 35 S 25. Paragraph 2 of subdivision b of section 13-638.2 of the adminis- 36 trative code of city of New York, as amended by chapter 180 of the laws 37 of 2011, is amended to read as follows: 38 (2) With respect to each retirement system, such rate of interest 39 shall be as hereinafter set forth in this paragraph: 40 First day and 41 last day of 42 Rate of interest fiscal year or 43 per centum per series of fiscal 44 Retirement annum, compounded years for which 45 System annually rate is effective 46 ________________________________________________________________________ 47 NYCERS [8] 7% July 1, [2004] 2011 to 48 June 30, [2012] 2016 49 NYCTRS [8] 7% July 1, [2004] 2011 to 50 June 30, [2012] 2016 51 PPF [8] 7% July 1, [2004] 2011 to 52 June 30, [2012] 2016 53 FPF [8] 7% July 1, [2004] 2011 to 54 June 30, [2012] 2016 55 BERS [8] 7% July 1, [2004] 2011 to S. 2145 14 A. 2296 1 June 30, [2012] 2016 2 S 26. Paragraph 2 of subdivision f of section 13-638.2 of the adminis- 3 trative code of the city of New York, as amended by chapter 180 of the 4 laws of 2011, is amended to read as follows: 5 (2) Such special interest shall be allowed at the rates and for the 6 periods set forth below in this paragraph: 7 First day and 8 last day of 9 Rate of interest fiscal year or 10 per centum per series of fiscal 11 Retirement annum, compounded years for which 12 System annually rate is effective 13 ________________________________________________________________________ 14 NYCERS 1 1/4% July 1, [2004] 2011 to 15 June 30, [2012] 2016 16 NYCTRS 1 1/4% July 1, [2004] 2011 to 17 June 30, [2012] 2016 18 PPF 1 1/4% July 1, [2004] 2011 to 19 June 30, [2012] 2016 20 FPF 1 1/4% July 1, [2004] 2011 to 21 June 30, [2012] 2016 22 BERS 1 1/4% July 1, [2004] 2011 to 23 June 30, [2012] 2016 24 S 27. Paragraph 2 of subdivision g of section 13-638.2 of the adminis- 25 trative code of the city of New York, as amended by chapter 180 of the 26 laws of 2011, is amended to read as follows: 27 (2) Such additional interest shall be included at the rates and for 28 the periods set forth below in this paragraph: 29 First day and 30 last day of 31 Rate of interest fiscal year or 32 per centum per series of fiscal 33 Retirement annum, compounded years for which 34 System annually rate is effective 35 ________________________________________________________________________ 36 NYCERS 1 1/4% July 1, [2004] 2011 to 37 June 30, [2012] 2016 38 NYCTRS 1 1/4% July 1, [2004] 2011 to 39 June 30, [2012] 2016 40 PPF 1 1/4% July 1, [2004] 2011 to 41 June 30, [2012] 2016 42 FPF 1 1/4% July 1, [2004] 2011 to 43 June 30, [2012] 2016 44 BERS 1 1/4% July 1, [2004] 2011 to 45 June 30, [2012] 2016 46 S 28. Paragraph 2 of subdivision i of section 13-638.2 of the adminis- 47 trative code of the city of New York, as amended by chapter 180 of the 48 laws of 2011, is amended to read as follows: 49 (2) Such supplementary interest shall be allowed at the rates and for 50 the periods set forth below in this paragraph: S. 2145 15 A. 2296 1 First day and 2 last day of 3 Rate of interest fiscal year or 4 per centum per series of fiscal 5 Retirement annum, compounded years for which 6 System annually rate is effective 7 ________________________________________________________________________ 8 NYCERS [1] 0% July 1, [2004] 2011 to 9 June 30, [2012] 2016 10 NYCTRS [1] 0% July 1, [2004] 2011 to 11 June 30, [2012] 2016 12 PPF [1] 0% July 1, [2004] 2011 to 13 June 30, [2012] 2016 14 FPF [1] 0% July 1, [2004] 2011 to 15 June 30, [2012] 2016 16 BERS [1] 0% July 1, [2004] 2011 to 17 June 30, [2012] 2016 18 S 29. Subparagraph (i) of paragraph 1 of subdivision k of section 19 13-638.2 of the administrative code of the city of New York, as added by 20 chapter 85 of the laws of 2000, is amended to read as follows: 21 (i) Subject to the provisions of subparagraphs (iii) and (iv) of this 22 paragraph, in any case where the valuation rate of interest for a 23 retirement system is changed by law for any period beginning on or after 24 July first, two thousand four, or where the board of trustees of a 25 retirement system, for any period beginning on or after July first, 26 nineteen hundred ninety-nine, adopts changed actuarial tables used in 27 valuing the liabilities of such retirement system, or where a signif- 28 icant change in an actuarial valuation method (as defined in paragraph 29 sixteen of subdivision a of this section) is made for any period begin- 30 ning on or after July first, nineteen hundred ninety-nine in relation to 31 a retirement system, the actuary thereof shall calculate, as of June 32 thirtieth next preceding the first day of the fiscal year for which such 33 changed rate or changed tables or significant change in an actuarial 34 valuation method first becomes or became effective, an unfunded accrued 35 liability adjustment applicable to each responsible obligor in relation 36 to such retirement system, PROVIDED, HOWEVER, THAT NO UNFUNDED ACCRUED 37 LIABILITY ADJUSTMENT SHALL BE ESTABLISHED UNDER THIS SUBDIVISION FOR ANY 38 RETIREMENT SYSTEM WITH RESPECT TO ANY CHANGE IN THE VALUATION RATE OF 39 INTEREST, CHANGE IN ACTUARIAL TABLES OR SIGNIFICANT CHANGE IN AN ACTUAR- 40 IAL VALUATION METHOD WHERE SUCH CHANGED VALUATION RATE OF INTEREST, 41 ACTUARIAL TABLES OR ACTUARIAL VALUATION METHOD APPLIES TO SUCH RETIRE- 42 MENT SYSTEM WITH RESPECT TO ANY ACTUARIAL VALUATION PERFORMED BY THE 43 ACTUARY AS OF JUNE THIRTIETH, TWO THOUSAND TEN OR AS OF ANY DATE THERE- 44 AFTER. 45 S 30. Section 13-638.2 of the administrative code of the city of New 46 York is amended by adding a new subdivision k-1 to read as follows: 47 K-1. ALL INSTALLMENTS OF CONTRIBUTION RESULTING FROM ANY UNFUNDED 48 ACCRUED LIABILITY ESTABLISHED FOR ANY RETIREMENT SYSTEM PRIOR TO THE 49 ESTABLISHMENT OF THE UNFUNDED ACCRUED LIABILITY AS OF JUNE THIRTIETH, 50 TWO THOUSAND TEN FOR THE RETIREMENT SYSTEMS PURSUANT TO THE PROVISIONS 51 OF PARAGRAPH ONE OF SUBDIVISION K-2 OF THIS SECTION WHICH ARE PAYABLE TO 52 ANY RETIREMENT SYSTEM ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN ARE 53 HEREBY CANCELED AND SHALL NOT BE DUE AND PAYABLE ON OR AFTER SUCH JULY 54 FIRST. S. 2145 16 A. 2296 1 S 31. Section 13-638.2 of the administrative code of the city of New 2 York is amended by adding a new subdivision k-2 to read as follows: 3 K-2. (1) (I) THE ACTUARY FOR EACH OF THE RETIREMENT SYSTEMS (AS 4 DEFINED IN PARAGRAPH ONE OF SUBDIVISION A OF THIS SECTION), UPON THE 5 BASIS OF THE LATEST MORTALITY AND OTHER TABLES APPLICABLE AT THE TIME HE 6 OR SHE PERFORMS THE CALCULATIONS, AND THE VALUATION RATE OF INTEREST (AS 7 DEFINED IN PARAGRAPH ELEVEN OF SUBDIVISION A OF THIS SECTION), SHALL 8 CALCULATE SEPARATELY FOR EACH OF THE RETIREMENT SYSTEMS, AS OF JUNE 9 THIRTIETH, TWO THOUSAND TEN AND AS OF EACH SUCCEEDING JUNE THIRTIETH, AN 10 UNFUNDED ACCRUED LIABILITY FOR EACH OF THE RETIREMENT SYSTEMS IN ACCORD- 11 ANCE WITH THE SUCCEEDING SUBPARAGRAPHS OF THIS PARAGRAPH. 12 (II) THE ACTUARY SHALL CALCULATE, AS OF THE APPLICABLE JUNE THIRTIETH, 13 AN AMOUNT EQUAL TO THE SUM OF (A) THE TOTAL ACTUARIAL PRESENT VALUE OF 14 ALL BENEFITS PAYABLE BY THE RETIREMENT SYSTEM PURSUANT TO APPLICABLE 15 LAW, AS DETERMINED BY THE ACTUARY, AND (B) THE LIABILITY OF THE RETIRE- 16 MENT SYSTEM, AS DETERMINED BY THE ACTUARY, FOR AMOUNTS WHICH THE RETIRE- 17 MENT SYSTEM MAY BE REQUIRED BY APPLICABLE LAW TO PAY TO ANY OTHER FUND 18 ON ACCOUNT OF RELATED BENEFITS FINANCED THROUGH THE RETIREMENT SYSTEM, 19 WITHOUT A CORRESPONDING OFFSET IN THE LIABILITIES OF THE RETIREMENT 20 SYSTEM. 21 (III) THE UNFUNDED ACCRUED LIABILITY OF THE RETIREMENT SYSTEM AS OF 22 THE APPLICABLE JUNE THIRTIETH SHALL BE THE AMOUNT OBTAINED BY DEDUCTING 23 FROM THE AMOUNT OF SUCH TOTAL LIABILITY OF THE RETIREMENT SYSTEM ON 24 ACCOUNT OF BENEFITS, AS DETERMINED BY THE ACTUARY PURSUANT TO SUBPARA- 25 GRAPH (II) OF THIS PARAGRAPH, THE SUM OF: 26 (A) THE ACTUARIAL PRESENT VALUE OF ENTRY AGE NORMAL CONTRIBUTIONS 27 PAYABLE TO THE RETIREMENT SYSTEM, AS DETERMINED BY THE ACTUARY AS OF THE 28 APPLICABLE JUNE THIRTIETH IN A MANNER CONSISTENT WITH THE ENTRY AGE 29 ACTUARIAL COST METHOD, AND WITH THE APPLICABLE METHODOLOGIES SET FORTH 30 FOR NYCERS IN SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBDIVISION B OF 31 SECTION 13-127 OF THIS TITLE, FOR THE PPF IN SUBPARAGRAPH (E) OF PARA- 32 GRAPH TWO OF SUBDIVISION B OF SECTION 13-228 OF THIS TITLE, FOR THE FPF 33 IN SUBPARAGRAPH (E) OF PARAGRAPH TWO OF SUBDIVISION B OF SECTION 13-331 34 OF THIS TITLE, FOR THE NYCTRS IN PARAGRAPH FIVE OF SUBDIVISION B OF 35 SECTION 13-527 OF THIS TITLE OR FOR BERS IN ITEM (V) OF SUBPARAGRAPH 36 FOUR OF PARAGRAPH (C) OF SUBDIVISION SIXTEEN OF SECTION TWENTY-FIVE 37 HUNDRED SEVENTY-FIVE OF THE EDUCATION LAW; 38 (B) THE PRESENT VALUE OF FUTURE MEMBER CONTRIBUTIONS OF ALL MEMBERS OF 39 THE RETIREMENT SYSTEM, AS DETERMINED BY THE ACTUARY AS OF THE APPLICABLE 40 JUNE THIRTIETH; 41 (C) THE TOTAL FUNDS ON HAND OF THE RETIREMENT SYSTEM, AS DETERMINED BY 42 THE ACTUARY AS OF THE APPLICABLE JUNE THIRTIETH; AND 43 (D) THE PRESENT VALUE OF FUTURE INSTALLMENTS OF UNFUNDED ACCRUED 44 LIABILITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM. 45 (IV) THE ACTUARY, IN DETERMINING THE UNFUNDED ACCRUED LIABILITY PURSU- 46 ANT TO THIS PARAGRAPH, MAY MAKE ANY ADJUSTMENTS WHICH HE OR SHE DEEMS 47 APPROPRIATE DUE TO THE CALCULATION OF THE UNFUNDED ACCRUED LIABILITY AS 48 OF THE SECOND JUNE THIRTIETH PRECEDING THE FISCAL YEAR IN WHICH THE 49 FIRST INSTALLMENT OF SUCH UNFUNDED ACCRUED LIABILITY BECOMES PAYABLE OR 50 CREDITABLE. 51 (2) (I) THE UNFUNDED ACCRUED LIABILITY CALCULATED BY THE ACTUARY AS OF 52 JUNE THIRTIETH, TWO THOUSAND TEN FOR EACH RETIREMENT SYSTEM PURSUANT TO 53 PARAGRAPH ONE OF THIS SUBDIVISION SHALL BE KNOWN AS THE "2010 UAL" OR, 54 WITH RESPECT TO NYCERS AS THE "NYCERS 2010 UAL", WITH RESPECT TO NYCTRS 55 AS THE "NYCTRS 2010 UAL", WITH RESPECT TO THE PPF AS THE "PPF 2010 UAL", S. 2145 17 A. 2296 1 WITH RESPECT TO THE FPF AS THE "FPF 2010 UAL" AND WITH RESPECT TO BERS 2 AS THE "BERS 2010 UAL". 3 (II) THE 2010 UAL FOR EACH RETIREMENT SYSTEM SHALL BE AMORTIZED IN 4 TWENTY-ONE ANNUAL INSTALLMENTS, AS DETERMINED BY THE ACTUARY, PAYABLE 5 OVER A PERIOD OF TWENTY-TWO FISCAL YEARS FOLLOWING ITS ESTABLISHMENT AS 6 OF JUNE THIRTIETH, TWO THOUSAND TEN, WITH PAYMENTS COMMENCING WITH THE 7 TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE FISCAL YEAR. THE ACTUARY FOR 8 EACH OF THE RETIREMENT SYSTEMS SHALL DETERMINE THE SCHEDULE OF CONTRIB- 9 UTION INSTALLMENTS SO THAT EACH INSTALLMENT AFTER THE FIRST SHALL EQUAL 10 ONE HUNDRED THREE PER CENTUM OF THE NEXT PRECEDING INSTALLMENT. 11 (3) (I) THE UNFUNDED ACCRUED LIABILITY CALCULATED PURSUANT TO PARA- 12 GRAPH ONE OF THIS SUBDIVISION BY THE ACTUARY AS OF JUNE THIRTIETH, TWO 13 THOUSAND ELEVEN, AND AS OF EACH SUCCEEDING JUNE THIRTIETH, SHALL BE 14 KNOWN AS A "POST-2010 UAL ADJUSTMENT". WITH RESPECT TO EACH RETIREMENT 15 SYSTEM, SUCH UNFUNDED ACCRUED LIABILITY SHALL BE KNOWN BY THE NAME 16 CONSISTING OF THE APPLICABLE ABBREVIATION FOR THE RETIREMENT SYSTEM, AS 17 DEFINED IN PARAGRAPH THREE, FOUR, FIVE, SIX OR SEVEN OF SUBDIVISION A OF 18 THIS SECTION, FOLLOWED BY THE CALENDAR YEAR AS OF WHICH THE UNFUNDED 19 ACCRUED LIABILITY WAS ESTABLISHED, FOLLOWED BY THE TERM "UAL ADJUST- 20 MENT". 21 (II) EACH POST-2010 UAL ADJUSTMENT FOR EACH RETIREMENT SYSTEM SHALL BE 22 AMORTIZED IN EQUAL INSTALLMENTS PAYABLE OR CREDITABLE, AS DETERMINED BY 23 THE ACTUARY, AS FOLLOWS: 24 (A) THAT PORTION OF A POST-2010 UAL ADJUSTMENT WHICH IS ATTRIBUTABLE 25 TO ACTUARIAL GAINS OR LOSSES, AS DETERMINED BY THE ACTUARY, SHALL BE 26 AMORTIZED IN FOURTEEN ANNUAL INSTALLMENTS, AS DETERMINED BY THE ACTUARY, 27 PAYABLE OR CREDITABLE OVER A PERIOD OF FIFTEEN FISCAL YEARS FOLLOWING 28 THE JUNE THIRTIETH AS OF WHICH THE UNFUNDED ACCRUED LIABILITY WAS ESTAB- 29 LISHED, WITH PAYMENTS OR CREDITS COMMENCING WITH THE SECOND FISCAL YEAR 30 SUCCEEDING THE JUNE THIRTIETH AS OF WHICH THE UNFUNDED ACCRUED LIABILITY 31 WAS ESTABLISHED, PROVIDED, HOWEVER, THAT THE PORTION OF A POST-2010 UAL 32 ADJUSTMENT WHICH IS ATTRIBUTABLE TO ACTUARIAL GAINS AND LOSSES SHALL BE 33 AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF SUCH POST-2010 UAL ADJUSTMENT 34 MINUS AN AMOUNT EQUAL TO THE SUM OF THE PORTIONS OF SUCH POST-2010 UAL 35 ADJUSTMENT, IF ANY, WHICH ARE ATTRIBUTABLE TO (1) CHANGES IN THE VALU- 36 ATION RATE OF INTEREST, CHANGES IN ACTUARIAL TABLES AND CHANGES IN ACTU- 37 ARIAL METHODS, AS DETERMINED BY THE ACTUARY PURSUANT TO ITEM (B) OF THIS 38 SUBPARAGRAPH, AND (2) RECENTLY ENACTED CHANGES IN BENEFITS WHICH WERE 39 NOT INCORPORATED IN THE UNFUNDED ACCRUED LIABILITY ESTABLISHED AS OF THE 40 PRECEDING JUNE THIRTIETH, AS DETERMINED BY THE ACTUARY PURSUANT TO ITEM 41 (C) OF THIS SUBPARAGRAPH; 42 (B) THAT PORTION OF A POST-2010 UAL ADJUSTMENT WHICH IS ATTRIBUTABLE 43 TO CHANGES IN THE VALUATION RATE OF INTEREST, CHANGES IN ACTUARIAL 44 TABLES OR CHANGES IN ACTUARIAL METHODS, AS DETERMINED BY THE ACTUARY, 45 SHALL BE AMORTIZED IN NINETEEN ANNUAL INSTALLMENTS, AS DETERMINED BY THE 46 ACTUARY, PAYABLE OR CREDITABLE OVER A PERIOD OF TWENTY FISCAL YEARS 47 FOLLOWING THE JUNE THIRTIETH AS OF WHICH THE UNFUNDED ACCRUED LIABILITY 48 WAS ESTABLISHED, WITH PAYMENTS OR CREDITS COMMENCING WITH THE SECOND 49 FISCAL YEAR SUCCEEDING THE JUNE THIRTIETH AS OF WHICH THE UNFUNDED 50 ACCRUED LIABILITY WAS ESTABLISHED; OR 51 (C) THAT PORTION OF A POST-2010 UAL ADJUSTMENT WHICH IS ATTRIBUTABLE 52 TO RECENTLY ENACTED CHANGES IN BENEFITS WHICH WERE NOT INCORPORATED IN 53 THE UNFUNDED ACCRUED LIABILITY ESTABLISHED AS OF THE PRECEDING JUNE 54 THIRTIETH, AS DETERMINED BY THE ACTUARY, SHALL, UNLESS AN AMORTIZATION 55 PERIOD OF A DIFFERENT LENGTH IS SPECIFIED BY THE LAW ENACTING SUCH BENE- 56 FIT CHANGES, BE PAYABLE OR CREDITABLE IN ANNUAL INSTALLMENTS OVER A S. 2145 18 A. 2296 1 PERIOD OF FISCAL YEARS COMPARABLE IN LENGTH TO THE NUMBER OF YEARS WHICH 2 IS ONE LESS THAN THE NUMBER OF YEARS OF THE REMAINING WORKING LIFETIMES 3 OF MEMBERS COVERED BY THE BENEFIT CHANGES, AS DETERMINED BY THE ACTUARY, 4 WITH THE PAYMENT OR CREDIT OF SUCH ANNUAL INSTALLMENTS COMMENCING WITH 5 THE SECOND FISCAL YEAR SUCCEEDING THE JUNE THIRTIETH AS OF WHICH THE 6 UNFUNDED ACCRUED LIABILITY WAS ESTABLISHED, PROVIDED, HOWEVER, THAT 7 WHERE THE LENGTH OF THE AMORTIZATION PERIOD FOR THE BENEFIT CHANGES IS 8 NOT SPECIFIED IN THE LAW ENACTING THE BENEFIT CHANGES, THE ACTUARY, IN 9 HIS OR HER DISCRETION, AND IN LIEU OF AMORTIZING THE PORTION OF THE 10 UNFUNDED ACCRUED LIABILITY ATTRIBUTABLE TO THE BENEFIT CHANGES OVER A 11 PERIOD OF FISCAL YEARS COMPARABLE IN LENGTH TO THE NUMBER OF YEARS WHICH 12 IS ONE LESS THAN THE NUMBER OF YEARS OF THE REMAINING WORKING LIFETIMES 13 OF MEMBERS COVERED BY THE BENEFIT CHANGES, MAY SELECT AN AMORTIZATION 14 PERIOD THAT IS REASONABLY CONSISTENT WITH PAST PRACTICE FOR AMORTIZING 15 UNFUNDED ACCRUED LIABILITY ATTRIBUTABLE TO THE PARTICULAR TYPE OF BENE- 16 FIT CHANGES. 17 (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WITH 18 RESPECT TO ANY INSTALLMENT OF AN UNFUNDED ACCRUED LIABILITY OR AN 19 UNFUNDED ACCRUED LIABILITY ADJUSTMENT, IN THE EVENT THAT SUCH RETIREMENT 20 SYSTEM HAS MORE THAN ONE RESPONSIBLE OBLIGOR, THE ACTUARY FOR THAT 21 RETIREMENT SYSTEM SHALL DETERMINE AND SHALL ALLOCATE TO EACH SUCH 22 RESPONSIBLE OBLIGOR ITS SHARE OF THAT INSTALLMENT, AS DETERMINED TO BE 23 APPROPRIATE BY THE ACTUARY. EACH RESPONSIBLE OBLIGOR'S SHARE OF EACH 24 SUCH INSTALLMENT SHALL BE EITHER A CHARGE OR A CREDIT WITH RESPECT TO 25 SUCH RESPONSIBLE OBLIGOR FOR THE APPLICABLE FISCAL YEAR. 26 (5) FOR EACH FISCAL YEAR, COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO 27 THOUSAND TWELVE FISCAL YEAR, THE ACTUARY SHALL DETERMINE WHETHER THE SUM 28 OF THE CHARGES AND CREDITS APPLICABLE TO EACH RESPONSIBLE OBLIGOR FOR 29 SUCH FISCAL YEAR WITH RESPECT TO THE APPLICABLE RETIREMENT SYSTEM SHALL 30 CONSTITUTE A TOTAL CHARGE OR A TOTAL CREDIT. WHERE SUCH AMOUNT FOR SUCH 31 RESPONSIBLE OBLIGOR FOR SUCH FISCAL YEAR WITH RESPECT TO SUCH RETIREMENT 32 SYSTEM IS A TOTAL CHARGE, THE RESPONSIBLE OBLIGOR SHALL PAY AN AMOUNT 33 EQUAL TO SUCH TOTAL CHARGE TO THE RETIREMENT SYSTEM IN A TIMELY MANNER, 34 AS REQUIRED BY PARAGRAPH SIX OF THIS SUBDIVISION. WHERE SUCH AMOUNT FOR 35 SUCH RESPONSIBLE OBLIGOR FOR SUCH FISCAL YEAR WITH RESPECT TO SUCH 36 RETIREMENT SYSTEM IS A TOTAL CREDIT, THE AMOUNT OF EMPLOYER CONTRIB- 37 UTIONS OTHERWISE PAYABLE BY SUCH RESPONSIBLE OBLIGOR TO SUCH RETIREMENT 38 SYSTEM FOR SUCH FISCAL YEAR PURSUANT TO APPLICABLE PROVISIONS OF LAW, AS 39 DETERMINED BY THE ACTUARY, SHALL BE REDUCED BY THE AMOUNT OF SUCH TOTAL 40 CREDIT, PROVIDED, HOWEVER, THAT SUCH TOTAL AMOUNT OF EMPLOYER CONTRIB- 41 UTIONS OTHERWISE PAYABLE BY SUCH RESPONSIBLE OBLIGOR TO SUCH RETIREMENT 42 SYSTEM FOR SUCH FISCAL YEAR SHALL NOT BE REDUCED BELOW AN AMOUNT EQUIV- 43 ALENT TO THE AMOUNT PAYABLE BY SUCH RESPONSIBLE OBLIGOR FOR SUCH FISCAL 44 YEAR FOR ADMINISTRATIVE EXPENSES, AS DETERMINED BY THE ACTUARY IN 45 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION F OF SECTION 13-103 OF 46 THIS TITLE FOR NYCERS, SUBDIVISION H OF SECTION 13-216 OF THIS TITLE FOR 47 THE PPF, SUBDIVISION D OF SECTION 13-518 OF THIS TITLE FOR THE NYCTRS OR 48 PARAGRAPH (E) OF SUBDIVISION TWENTY-THREE OF SECTION TWENTY-FIVE HUNDRED 49 SEVENTY-FIVE OF THE EDUCATION LAW FOR BERS, AND SHALL NOT BE REDUCED 50 BELOW ZERO FOR THE FPF, PROVIDED FURTHER, THAT WHERE A TOTAL CREDIT FOR 51 A RESPONSIBLE OBLIGOR WITH RESPECT TO A RETIREMENT SYSTEM HAS BEEN 52 OFFSET AGAINST EMPLOYER CONTRIBUTIONS OTHERWISE PAYABLE BY SUCH OBLIGOR 53 TO SUCH RETIREMENT SYSTEM FOR SUCH FISCAL YEAR BY THE MAXIMUM AMOUNT 54 PERMISSIBLE PURSUANT TO THE PRECEDING PROVISIONS OF THIS PARAGRAPH, AND 55 ALL OR A PORTION OF SUCH CREDIT REMAINS AFTER SUCH OFFSET, THE REMAINING 56 CREDIT SHALL BE CARRIED FORWARD, TOGETHER WITH INTEREST CALCULATED ON S. 2145 19 A. 2296 1 SUCH AMOUNT AT THE VALUATION RATE OF INTEREST, AS A CREDIT FOR SUCH 2 OBLIGOR FOR THE FOLLOWING FISCAL YEAR, AS DETERMINED BY THE ACTUARY. 3 (6) ALL RESPONSIBLE OBLIGORS SHALL MAKE ALL UNFUNDED ACCRUED LIABILITY 4 PAYMENTS TO A RETIREMENT SYSTEM REQUIRED PURSUANT TO THE PROVISIONS OF 5 THIS SUBDIVISION IN ACCORDANCE WITH THE TIME OF PAYMENT REQUIREMENTS SET 6 FORTH IN SUBDIVISION C OF SECTION 13-133 OF THIS TITLE FOR NYCERS, 7 SUBDIVISION C OF SECTION 13-231 OF THIS TITLE FOR THE PPF, SUBDIVISION C 8 OF SECTION 13-334 OF THIS TITLE FOR THE FPF, SUBDIVISION (C) OF SECTION 9 13-533 OF THIS TITLE FOR THE NYCTRS OR PARAGRAPH (J) OF SUBDIVISION 10 SIXTEEN OF SECTION TWENTY-FIVE HUNDRED SEVENTY-FIVE OF THE EDUCATION LAW 11 FOR BERS. 12 S 32. Subdivision d of section 13-705 of the administrative code of 13 the city of New York, as amended by chapter 152 of the laws of 2006, is 14 amended to read as follows: 15 d. In each city fiscal year, beginning with investment expenses paid 16 during the nineteen hundred ninety-eight--nineteen hundred ninety-nine 17 fiscal year, whenever the income, interest or dividends derived from 18 deposits or investments of the funds of a retirement system are used 19 pursuant to subdivision b of this section to pay the expenses incurred 20 by such retirement system in acquiring, managing or protecting invest- 21 ments of its funds, the monies so paid shall be made a charge to be paid 22 by each participating employer otherwise required to make contributions 23 to such retirement system no later than the end of the fiscal year next 24 succeeding the fiscal year during which such monies were drawn upon, 25 provided, however, that where such charge is for such investment 26 expenses paid during fiscal year two thousand four--two thousand five or 27 during any subsequent fiscal year, such charge shall be paid by each 28 such participating employer no later than the end of the second fiscal 29 year succeeding the fiscal year during which such monies were drawn 30 upon, PROVIDED FURTHER THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT 31 APPLY TO INVESTMENT EXPENSES PAID DURING THE TWO THOUSAND NINE--TWO 32 THOUSAND TEN FISCAL YEAR OR DURING ANY SUBSEQUENT FISCAL YEAR. In the 33 event that such retirement system has more than one participating 34 employer, the actuary shall calculate and allocate to each such partic- 35 ipating employer its share of such charge. All charges to be paid pursu- 36 ant to this subdivision shall be paid at the regular rate of interest 37 utilized by the actuary in determining employer contributions to the 38 retirement system pursuant to the provisions of paragraph two of subdi- 39 vision b of section 13-638.2 of this title. 40 S 33. Subparagraph 2 of paragraph (c) of subdivision 16 of section 41 2575 of the education law is amended by adding two new items (i-A) and 42 (i-B) to read as follows: 43 (I-A) ALL UNFUNDED ACCRUED LIABILITY INSTALLMENTS AS REQUIRED BY 44 SECTION 13-638.2 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR 45 ANY OTHER PROVISION OF LAW; AND 46 (I-B) ANY OTHER PAYMENTS TO THE CONTINGENT RESERVE FUND AS REQUIRED BY 47 APPLICABLE LAW; AND 48 S 34. Subparagraph 3 of paragraph (c) of subdivision 16 of section 49 2575 of the education law is amended by adding a new item (vii) to read 50 as follows: 51 (VII) THE BOARD OF EDUCATION AND ALL OTHER RESPONSIBLE OBLIGORS (AS 52 DEFINED IN PARAGRAPH TEN OF SUBDIVISION A OF SECTION 13-638.2 OF THE 53 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK) SHALL MAKE ALL PAYMENTS TO 54 THE RETIREMENT SYSTEM REQUIRED BY APPLICABLE LAW IN ACCORDANCE WITH THE 55 TIME OF PAYMENT REQUIREMENTS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVI- 56 SION. ANY RESPONSIBLE OBLIGOR WHICH DOES NOT MAKE ALL OR ANY PORTION OF S. 2145 20 A. 2296 1 SUCH REQUIRED PAYMENTS TO THE RETIREMENT SYSTEM IN A TIMELY MANNER IN 2 FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN, OR IN ANY FISCAL 3 YEAR THEREAFTER, SHALL BE REQUIRED TO PAY INTEREST TO THE RETIREMENT 4 SYSTEM ON SUCH OVERDUE AMOUNTS, AS DETERMINED BY THE ACTUARY. THE ACTU- 5 ARY SHALL DETERMINE, AT SUCH TIME AS HE OR SHE DEEMS APPROPRIATE, INTER- 6 EST PAYMENTS ON SUCH OVERDUE AMOUNTS USING A RATE OF INTEREST EQUIVALENT 7 TO THE VALUATION RATE OF INTEREST (AS DEFINED IN PARAGRAPH ELEVEN OF 8 SUBDIVISION A OF SECTION 13-638.2 OF THE ADMINISTRATIVE CODE OF THE CITY 9 OF NEW YORK). RESPONSIBLE OBLIGORS SHALL MAKE SUCH INTEREST PAYMENTS ON 10 OVERDUE AMOUNTS TO THE RETIREMENT SYSTEM IN THE MANNER AND AT SUCH TIME 11 AS THE ACTUARY DEEMS APPROPRIATE. 12 S 35. Item (i) of subparagraph 4 of paragraph (c) of subdivision 16 of 13 section 2575 of the education law, as amended by chapter 85 of the laws 14 of 2000, is amended to read as follows: 15 (i) NOTWITHSTANDING THE SUCCEEDING PROVISIONS OF THIS ITEM OR THE 16 PROVISIONS OF ITEM (I-A), (II), (III) OR (IV) OF THIS SUBPARAGRAPH, FOR 17 FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, AND FOR EACH 18 FISCAL YEAR THEREAFTER, THE AMOUNT OF THE NORMAL CONTRIBUTION PAYABLE TO 19 THE CONTINGENT RESERVE FUND SHALL BE DETERMINED PURSUANT TO THE 20 PROVISIONS OF ITEM (V) OF THIS SUBPARAGRAPH. Upon the basis of the 21 latest mortality and other tables authorized by the applicable 22 provisions of the rules and regulations and regular interest, the actu- 23 ary shall determine, as of June thirtieth, nineteen hundred eighty and 24 as of each succeeding June thirtieth, the amount of the total liability 25 for all benefits provided in the rules and regulations, in articles 26 eleven and fourteen of the retirement and social security law and in any 27 other law prescribing benefits payable by the retirement system on 28 account of all members and beneficiaries, excluding the liability on 29 account of future increased-take-home-pay contributions, if any, and the 30 liability for benefits attributable to the annuity savings fund and to 31 the variable annuity savings fund, provided, however, that in determin- 32 ing such total liability as of June thirtieth, nineteen hundred ninety- 33 five and as of each succeeding June thirtieth, the actuary shall include 34 (A) the liability on account of future increased-take-home-pay contrib- 35 utions, if any, (B) the liability on account of future public employer 36 obligations under the provisions of subdivision twenty of section two 37 hundred forty-three of the military law, to pay in behalf of members 38 qualifying for such benefit, member contributions with respect to 39 certain periods of the military service of such members and (C) the 40 liability for benefits attributable to the annuity savings fund and to 41 the variable annuity savings fund, and provided further that in deter- 42 mining such total liability as of June thirtieth, nineteen hundred nine- 43 ty-nine and as of each succeeding June thirtieth, the actuary shall 44 include any other liability, as determined by the actuary, for benefits 45 attributable to the variable annuity programs, and provided further that 46 in determining such total liability as of June thirtieth, two thousand 47 and as of each succeeding June thirtieth, the actuary shall include the 48 amount, if any, as estimated by the actuary, of the total liability of 49 the retirement system on account of payments which the retirement system 50 may be required to make to any other fund without a corresponding offset 51 in the liabilities of the retirement system. 52 S 36. Subparagraph 4 of paragraph (c) of subdivision 16 of section 53 2575 of the education law is amended by adding a new item (v) to read as 54 follows: 55 (V) (A) NOTWITHSTANDING THE PRECEDING ITEMS OF THIS SUBPARAGRAPH OR 56 ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE NORMAL CONTRIBUTION S. 2145 21 A. 2296 1 PAYABLE TO THE CONTINGENT RESERVE FUND IN FISCAL YEAR TWO THOUSAND 2 ELEVEN--TWO THOUSAND TWELVE, AND IN EACH FISCAL YEAR THEREAFTER, SHALL 3 BE THE ENTRY AGE NORMAL CONTRIBUTION, AS DETERMINED BY THE ACTUARY 4 PURSUANT TO THIS ITEM IN A MANNER CONSISTENT WITH THE ENTRY AGE ACTUARI- 5 AL COST METHOD. THE ACTUARY SHALL DETERMINE THE ENTRY AGE NORMAL 6 CONTRIBUTION FOR EACH SUCH FISCAL YEAR AS OF JUNE THIRTIETH OF THE 7 SECOND FISCAL YEAR PRECEDING THE FISCAL YEAR IN WHICH SUCH NORMAL 8 CONTRIBUTION IS PAYABLE, BASED ON THE LATEST MORTALITY AND OTHER TABLES 9 APPLICABLE AT THE TIME HE OR SHE PERFORMS SUCH CALCULATIONS, AND THE 10 VALUATION RATE OF INTEREST AS PROVIDED FOR THE RETIREMENT SYSTEM IN 11 PARAGRAPH TWO OF SUBDIVISION B OF SECTION 13-638.2 OF THE ADMINISTRATIVE 12 CODE OF THE CITY OF NEW YORK. 13 (B) IN CALCULATING THE ENTRY AGE NORMAL CONTRIBUTION PAYABLE IN ANY 14 SUCH FISCAL YEAR PURSUANT TO THIS ITEM, THE ACTUARY, IN HIS OR HER 15 DISCRETION, MAY MAKE CERTAIN ADJUSTMENTS IN THE CALCULATION METHODOLOGY, 16 PROVIDED THAT SUCH ADJUSTMENTS ARE GENERALLY ACCEPTED AS CONSISTENT WITH 17 THE ENTRY AGE ACTUARIAL COST METHOD, AND ARE DESIGNED, IN GENERAL, TO 18 FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS FROM THEIR 19 AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH 20 MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 21 SUCH GENERALLY ACCEPTED ADJUSTMENTS IN THE CALCULATION METHODOLOGY, IN 22 THE DISCRETION OF THE ACTUARY, MAY INCLUDE, BUT ARE NOT LIMITED TO, THE 23 CALCULATION OF THE ENTRY AGE NORMAL CONTRIBUTION (1) ON AN INDIVIDUAL 24 MEMBER BASIS BY CALCULATING THE AMOUNT OF THE ENTRY AGE NORMAL CONTRIB- 25 UTION ATTRIBUTABLE TO EACH INDIVIDUAL MEMBER, AND THEN ADDING TOGETHER 26 SUCH INDIVIDUAL MEMBER AMOUNTS, (2) ON AN AGGREGATE BASIS FOR ALL 27 MEMBERS OR (3) ON ANY COMBINATION OF AN INDIVIDUAL MEMBER BASIS AND AN 28 AGGREGATE BASIS WHICH IS CONSISTENT WITH THE ENTRY AGE ACTUARIAL COST 29 METHOD, AND THE PRECEDING PROVISIONS OF THIS SUB-ITEM. 30 (C) FOR EACH SUCH FISCAL YEAR, THE ACTUARY, IN HIS OR HER DISCRETION, 31 SHALL DETERMINE, IN ACCORDANCE WITH THE PROVISIONS OF SUB-ITEM (B) OF 32 THIS ITEM, THE METHODOLOGY FOR CALCULATING THE ENTRY AGE NORMAL CONTRIB- 33 UTION PAYABLE FOR THAT PARTICULAR FISCAL YEAR. 34 (D) THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH SUB- 35 ITEM (C) OF THIS ITEM MAY PROVIDE FOR THE ACTUARY TO CALCULATE THE ENTRY 36 AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL MEMBER BASIS BY (1) MULTIPLYING 37 THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL MEMBER, AS 38 DETERMINED BY THE ACTUARY, BY THE SALARY EXPECTED TO BE PAID TO THAT 39 MEMBER DURING THE FISCAL YEAR IN WHICH SUCH NORMAL CONTRIBUTION IS PAYA- 40 BLE, AND (2) CALCULATING THE SUM OF THE INDIVIDUAL ENTRY AGE NORMAL 41 CONTRIBUTIONS ATTRIBUTABLE TO ALL SUCH MEMBERS. THE ACTUARY, IN HIS OR 42 HER DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR DETER- 43 MINING THE ENTRY AGE NORMAL CONTRIBUTION ON AN INDIVIDUAL BASIS WHICH HE 44 OR SHE DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE PROVISIONS 45 OF SUB-ITEM (B) OF THIS ITEM. 46 (E) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 47 ACCORDANCE WITH SUB-ITEM (C) OF THIS ITEM MAY PROVIDE FOR THE ACTUARY TO 48 CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE BASIS BY 49 MULTIPLYING THE ENTRY AGE NORMAL CONTRIBUTION RATE FOR ALL MEMBERS IN 50 THE AGGREGATE, AS DETERMINED BY THE ACTUARY, BY THE AGGREGATE AMOUNT OF 51 THE SALARIES EXPECTED TO BE PAID TO ALL MEMBERS DURING THE FISCAL YEAR 52 IN WHICH THE NORMAL CONTRIBUTION IS PAYABLE. THE ACTUARY, IN HIS OR HER 53 DISCRETION, MAY MAKE ANY ADJUSTMENTS TO SUCH METHODOLOGY FOR DETERMINING 54 THE ENTRY AGE NORMAL CONTRIBUTION ON AN AGGREGATE BASIS WHICH HE OR SHE 55 DEEMS APPROPRIATE, AND WHICH ARE CONSISTENT WITH THE PROVISIONS OF SUB- 56 ITEM (B) OF THIS ITEM. S. 2145 22 A. 2296 1 (F) IN THE ALTERNATIVE, THE METHODOLOGY DETERMINED BY THE ACTUARY IN 2 ACCORDANCE WITH SUB-ITEM (C) OF THIS ITEM MAY PROVIDE FOR THE CALCU- 3 LATION OF THE ENTRY AGE NORMAL CONTRIBUTION ON ANY OTHER BASIS WHICH THE 4 ACTUARY DEEMS APPROPRIATE, AND WHICH IS CONSISTENT WITH THE ENTRY AGE 5 ACTUARIAL COST METHOD AND THE PROVISIONS OF SUB-ITEM (B) OF THIS ITEM. 6 (G) (1) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE 7 WITH SUB-ITEM (C) OF THIS ITEM REQUIRES THE DETERMINATION OF AN ENTRY 8 AGE NORMAL CONTRIBUTION RATE FOR EACH INDIVIDUAL MEMBER IN ORDER TO 9 CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR EACH INDIVIDUAL MEMBER, 10 THE ACTUARY SHALL DETERMINE SUCH RATE FOR EACH SUCH MEMBER IN ACCORDANCE 11 WITH THE ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS DETERMINED 12 BY THE ACTUARY FOR EACH SUCH MEMBER, SHALL BE CONSISTENT WITH A METHOD 13 DESIGNED, IN GENERAL, TO FUND, ON A LEVEL BASIS OVER THE WORKING LIFE- 14 TIME OF THAT PARTICULAR MEMBER FROM HIS OR HER AGE AT ENTRY, THE ACTUAR- 15 IAL PRESENT VALUE OF BENEFITS TO WHICH SUCH MEMBER IS EXPECTED TO BECOME 16 ENTITLED, AS DETERMINED BY THE ACTUARY. 17 (2) WHERE THE METHODOLOGY DETERMINED BY THE ACTUARY IN ACCORDANCE WITH 18 SUB-ITEM (C) OF THIS ITEM REQUIRES THE DETERMINATION OF AN ENTRY AGE 19 NORMAL CONTRIBUTION RATE FOR ALL MEMBERS IN THE AGGREGATE IN ORDER TO 20 CALCULATE THE ENTRY AGE NORMAL CONTRIBUTION FOR ALL MEMBERS IN THE 21 AGGREGATE, THE ACTUARY SHALL DETERMINE SUCH RATE IN ACCORDANCE WITH THE 22 ENTRY AGE ACTUARIAL COST METHOD, AND SUCH RATE, AS DETERMINED BY THE 23 ACTUARY, SHALL BE CONSISTENT WITH A METHOD DESIGNED, IN GENERAL, TO 24 FUND, ON A LEVEL BASIS OVER THE WORKING LIFETIMES OF MEMBERS FROM THEIR 25 AGES AT ENTRY, THE ACTUARIAL PRESENT VALUE OF BENEFITS TO WHICH SUCH 26 MEMBERS ARE EXPECTED TO BECOME ENTITLED, AS DETERMINED BY THE ACTUARY. 27 S 37. Paragraph (j) of subdivision 16 of section 2575 of the education 28 law is amended by adding a new subparagraph 2-a to read as follows: 29 (2-A) WHERE A RESPONSIBLE OBLIGOR (AS DEFINED IN PARAGRAPH TEN OF 30 SUBDIVISION A OF SECTION 13-638.2 OF THE ADMINISTRATIVE CODE OF THE CITY 31 OF NEW YORK) IS REQUIRED TO MAKE PAYMENTS TO THE RETIREMENT SYSTEM 32 PURSUANT TO APPLICABLE PROVISIONS OF LAW IN FISCAL YEAR TWO THOUSAND 33 TWELVE--TWO THOUSAND THIRTEEN, AND IN ANY FISCAL YEAR THEREAFTER, AND 34 THE PROVISIONS OF THIS PARAGRAPH OR THE PROVISIONS OF ANY OTHER APPLICA- 35 BLE LAW DO NOT OTHERWISE SPECIFICALLY REQUIRE SUCH RESPONSIBLE OBLIGOR 36 TO MAKE SUCH PAYMENTS BY A PARTICULAR DATE OR DATES DURING SUCH FISCAL 37 YEAR, SUCH RESPONSIBLE OBLIGOR SHALL MAKE SUCH PAYMENTS EITHER (I) IN 38 TOTAL ON OR BEFORE JANUARY FIRST OF SUCH FISCAL YEAR, OR (II) IN TWELVE 39 EQUAL MONTHLY INSTALLMENTS, AS DETERMINED BY THE ACTUARY, WITH EACH 40 MONTHLY INSTALLMENT TO BE PAID ON OR BEFORE THE LAST DAY OF EACH MONTH. 41 S 38. This act shall take effect immediately and shall be deemed to 42 have been in full force and effect on and after July 1, 2011. Notwith- 43 standing any other provision of law, for the purposes of calculating an 44 actuarial reserve pursuant to the provisions of section 13-557 of the 45 administrative code of the city of New York, the valuation rate of 46 interest and mortality tables in effect on June 30, 1988 shall be 47 utilized by the actuary. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: BACKGROUND: In reports dated February 10, 2012, the Actuary presented proposed changes in actuarial assumptions and methods for determining employer contrib- utions for Fiscal Years beginning on and after July 1, 2011 (i.e., the "Silver Books") to each of the Boards of Trustees of the following five actuarially-funded New York City Retirement Systems ("NYCRS"): * New York City Employees' Retirement System ("NYCERS") * New York City Teachers' Retirement System ("TRS") * New York City Board of Education Retirement System ("BERS") S. 2145 23 A. 2296 * New York City Police Pension Fund ("POLICE") * New York City Fire Department Pension Fund ("FIRE") These Silver Books were developed by the Actuary after reviewing the two most recent actuarial experience studies required by the New York City Charter and prepared by The Segal Company in their Report dated November 2006 and The Hay Group in their Report dated December 2011. The principal components of the Actuary's proposed changes in actuari- al assumptions and methods used to develop employer contributions to the NYCRS are to: * Reduce the Actuarial Interest Rate ("AIR") assumption from 8.0% per annum (gross of expenses) to 7.0% per annum (net of expenses). * Retain the current economic actuarial assumptions for the Consumer Price Inflation of 2.5% per year and the General Wage Increase ("GWI") of 3.0% per year. * Update demographic actuarial assumptions to reflect the Actuary's best estimate of future experience. * Replace the current Actuarial Cost Method ("ACM") (i.e., the Frozen Initial Liability ("FIL") ACM) with the Entry Age Actuarial Cost Method ("EAACM") and establish certain amortization methods and periods to be used for financing the Unfunded Actuarial Accrued Liabilities ("UAAL") developed under this new ACM. * Retain the current six-year phase-in period for Unexpected Invest- ment Returns ("UIR") for investment gains and losses for the Actuarial Asset Valuation Method ("AAVM") for Fiscal Year 2012 and beyond. Use a Market Value Restart as of June 30, 2011 and set the June 30, 2010 Actu- arial Asset Value ("AAV") equal to the June 30, 2011 Market Value of Assets ("MVA") discounted by the AIR assumption (adjusted for cash flow). Certain of the proposals developed by the Actuary (e.g., probabilities of decrement from active service, probabilities of death after retire- ment) require adoption by the Board of Trustees of each of the NYCRS. Other proposed changes in actuarial assumptions and methods require passage of enabling legislation by the New York State Legislature and enactment by the Governor. The provisions of this amended proposed legislation, together with the adoption of actuarial tables by the Boards of Trustees of the NYCRS and application of the revised AAVM, represent the packages of actuarial assumptions and methods proposed by the Actuary for financing the NYCRS. PROVISIONS OF PROPOSED LEGISLATION: This proposed legislation would amend Administrative Code of the City of New York ("ACNY") Sections 13-127, 13-133, 13-194, 13-228, 13-271, 13-281, 13-331, 13-527, 13-533, 13-638.2 and 13-705 and Education Law Section 2575 by including provisions that impact the development of employer contributions to the NYCRS. Specifically, for each of the NYCRS, this amended proposed legislation would: * Reduce the AIR assumption to be used for developing employer contributions from 8.0% per annum (gross of expenses) to 7.0% per annum (net of expenses). * Continue through Fiscal Year 2016 the use of the 8.25% per year crediting rate on Annuity Savings Fund ("ASF") and Increased-Take-Home- Pay ("ITHP") Reserves for Tier I and Tier II members. * Replace the current ACM (i.e., the FIL ACM) with the EAACM. * Amortize over a 22-year period the Initial UAAL established under the EAACM with 21 annual payments beginning Fiscal Year 2012 using S. 2145 24 A. 2296 Increasing Dollar Payments ("IDP"), where the increase in payments would be 3.0% per year, consistent with the proposed GWI assumption. Amortize over a 20-year period (19 annual payments) additional UAAL attributable to future actuarial assumption and/or method changes, over a 15-year period (14 annual payments) any actuarial gains and losses and over an approximation of the remaining working lifetimes of those impacted (unless the amortization period is established by statute) any benefit changes, using Level Dollar Payments ("LDP"). The Actuary would be provided with the authority to establish UAAL and/or amortization schedules consistent with the EAACM, where such UAAL and/or amortization schedules are appropriate but not provided in legis- lation. * Retain the One-Year Lag Methodology ("OYLM"). * Retain the repayment of Administrative Expenses, with interest, in the second fiscal year after occurrence. Provide for the transfer of assets directly from NYCERS to the Correction Officers' Variable Supplements Fund ("COVSF") in the event that assets of the COVSF are insufficient to meet any legally-required benefit payments. * Provide for the transfer of assets directly from POLICE to the Police Officers' Variable Supplements Fund ("POVSF") and to the Police Superior Officers' Variable Supplements Fund ("PSOVSF") in the event that assets of the POVSF or the PSOVSF are insufficient to meet any legally-required benefit payments. * Although recommended by the Actuary, due to concerns expressed by certain FIRE Trustees, not provide for the transfer of assets directly from FIRE to the Firefighters' Variable Supplements Fund ("FFVSF") and to the Fire Officers' Variable Supplements Fund ("FOVSF") in the event that assets of the FFVSF or the FOVSF are insufficient to meet any legally-required benefit payments. * Provide for the payment of interest on employer contributions made after the due dates determined and communicated by the Actuary to the Boards of Trustees. ACTUARIAL PRESENT VALUES OF BENEFITS: Enactment of this amended proposed legislation, together with the other changes in actuarial assumptions and methods adopted by the Boards of Trustees of the NYCRS, would result in an increase in the Actuarial Present Value ("APV") of Benefits ("APVB") (inclusive of the APVB of the Variable Supplements Funds ("VSFs")) of the NYCRS of approximately $36.0 billion as of June 30, 2010, as shown in the following Table I: TABLE I Comparison of Actuarial Present Values of Benefits Before and After Proposed Changes in Actuarial Assumptions and Methods as of June 30, 2010 ($ Billions) Actuarial Present Values of Benefits{1} Retirement Before After Difference{4} System Changes{2} Changes{3} S. 2145 25 A. 2296 NYCERS $ 64.7 $ 78.0 $ 13.3 TRS 58.3 68.2 9.9 BERS 3.7 4.6 .9 POLICE 42.3 50.7 8.4 FIRE 17.0 20.5 3.5 Total $186.0 $222.0 $ 36.0 {1} Amounts include APVB of the VSFs. {2} Equals APVB as of June 30, 2010 based on preliminary census data used for the June 30, 2010 (Lag) actuarial valuations, on preliminary calculations using actuarial software being replaced and on current actuarial assumptions and methods. {3} Equals APVB as of June 30, 2010 based on final census data used for the June 30, 2010 (Lag) actuarial valuations, on final calculations using new actuarial software and on proposed actuarial assumptions and methods. {4} Equals After Changes minus Before Changes. ANNUAL EMPLOYER CONTRIBUTIONS: Under the EAACM, the Actuarial Present Value ("APV") of Projected Benefits ("APVB") of each individual included in the actuarial valuation is allocated on a level basis over the earn- ings (or service) of the individual between entry age and assumed exit age(s). The portion of this APV allocated to a valuation year is referred to as the Normal Contribution. The portion of this APV not provided for at a valuation date by the APV of Future Normal Contributions is the Actu- arial Accrued Liability ("AAL"). The excess, if any, of the AAL over the AAV is the UAAL. Under this method, actuarial gains (losses), as they occur, reduce (increase) the UAAL and are explicitly identified and amortized. Increases (decreases) in obligations due to benefit changes, actuarial assumption and/or method changes are also explicitly identified and amortized. The initial UAAL as of June 30, 2010 would be amortized over 22 years with 21 annual payments beginning Fiscal Year 2012 increasing by 3.0% per year, recognizing the impact of employer contributions made during Fiscal Year 2011 under the OYLM. Furthermore, the Actuary proposes revising the AAVM as of June 30, 2010 for each of the NYCRS. The new method would retain the current six-year phase-in period for Unexpected Investment Returns ("UIR") for the AAVM of 15%, 15%, 15%, 15%, 20% and 20% for investment gains/losses for Fiscal Year 2012 and beyond. However, the AAV as of June 30, 2011 would be set equal to the MVA as of that date and the June 30, 2010 AAV would be set equal to the June 30, 2011 MVA, discounted by the AIR assumption and adjusted for cash flow. The One-Year Lag Methodology and the repayment of Administrative Expenses with interest, in the second fiscal year after occurrence, would be retained. EMPLOYER CONTRIBUTIONS - FISCAL YEAR 2012: The following Table II presents the combined impact of all of the proposed changes in actuarial assumptions and methods on the Fiscal Year 2012 employer contributions to the NYCRS. Specifically, Table II shows a comparison between: (1) estimated Fiscal Year 2012 employer contributions based upon the actuarial assump- tions and methods currently in effect ("Before Changes") and (2) final Fiscal Year 2012 employer contributions computed in accordance with this S. 2145 26 A. 2296 proposed legislation and all of the other proposed actuarial assumptions and methods ("After Changes"). TABLE II Comparison of Fiscal Year 2012 Employer Contributions Calculated using Current Actuarial Assumptions and Methods with Those Calculated using Proposed Actuarial Assumptions and Methods ($ Billions) Retirement Before After Difference{3} System Changes{1} Changes{2} NYCERS $ 2.59 $ 3.02 $ .43 TRS 2.62 2.67 .05 BERS .17 .21 .04 POLICE 2.20 2.39 .19 FIRE .95 .98 .03 Total $ 8.53 $ 9.27 $ .74 {1} Equals estimated employer contributions for Fiscal Year 2012 based on preliminary census data used for the June 30, 2010 (Lag) actuarial valuations, on preliminary calculations using actuarial software being replaced and on current actuarial assumptions and methods. {2} Equals final employer contributions for Fiscal Year 2012 based on final census data used for the June 30, 2010 (Lag) actuarial valuations, on final calculations using new actuarial software and on proposed actu- arial assumptions and methods. {3} Equals After Changes minus Before Changes. EMPLOYER CONTRIBUTIONS - FISCAL YEARS 2012 TO 2016: The financial impact of the proposed changes in actuarial assumptions and methods, relative to the current actuarial assumptions and methods, is to increase and to smooth the pattern of employer contributions to the NYCRS for Fiscal Years 2012 to 2016. The following Table III compares the estimated employer contributions for the five actuarially-funded NYCRS combined under the current actuar- ial assumptions and methods and under the proposed actuarial assumptions and methods: TABLE III Comparison of Employer Contributions For Fiscal Years 2012 to 2016 Calculated using Current Actuarial Assumptions and Methods with Those Calculated using Proposed Actuarial Assumptions and Methods{1} ($ Billions) Fiscal Before After Difference{4} Year Changes{2} Changes{3} 2012 $ 8.53 $ 9.27 $ .74 2013 8.37 9.39 1.02 2014 8.36 9.37 1.01 2015 8.66 9.34 .68 2016 8.87 9.57 .70 S. 2145 27 A. 2296 {1} Amounts shown are estimated based on preliminary June 30, 2010 census data and on preliminary calculations using actuarial software that is being replaced, with adjustments in amounts shown After Changes to be consistent with final Fiscal Year 2012 amounts. {2} Equals employer contributions for the respective Fiscal Years based upon the second prior June 30 actuarial valuations and on current actuarial assumptions and methods. {3} Equals employer contributions for the respective Fiscal Years based upon the second prior June 30 actuarial valuations and on proposed actuarial assumptions and methods. {4} Equals After Changes minus Before Changes. CENSUS DATA: The census data used to determine APVB and estimated Fiscal Year 2012 employer contributions Before Changes and After Changes are the active and retired members included in the June 30, 2010 (Lag) actuarial valuations of the NYCRS. ACTUARIAL ASSUMPTIONS AND METHODS: The actuarial assumptions and meth- ods used to determine estimated Fiscal Year 2012 employer contributions Before Changes are generally the same as those utilized in the June 30, 2009 actuarial valuations of the NYCRS to determine Fiscal Year 2011 employer contributions. The actuarial assumptions and methods used to determine Fiscal Year 2012 employer contributions After Changes are those proposed by the Actuary to the Boards of Trustees of each of the NYCRS during February 2012. The actuarial assumptions used to estimate employer contributions for Fiscal Years 2013 to 2016 include projection assumptions consistent with those used to develop estimates for the April 2011 New York City Finan- cial Plan. APVB and employer contribution amounts shown Before Changes are esti- mated based on preliminary June 30,2010 census data and on actuarial software that is being replaced. APVB and employer contributions After Changes used to determine Fiscal Year 2012 employer contributions are based on final June 30, 2010 census data and generally on new actuarial software. Estimated employer contributions After Changes for Fiscal Years 2013 to 2016 are based on June 30, 2010 census data and projections of APVB adjusted to be consistent with Fiscal Year 2012 results. ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to deter- mine the financial impact of the proposed legislation discussed in this Fiscal Note are those appropriate for budgetary models and for determin- ing annual employer contributions to NYCRS. However, the economic assumptions (current and proposed) that are used for determining employ- er contributions do not develop risk-adjusted, economic values of bene- fits. Such risk-adjusted, economic values of benefits would likely differ significantly from those developed by the budgetary models. STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief Actuary for the New York City Retirement Systems. I am a Fellow of the Society of 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. FISCAL NOTE IDENTIFICATION: This estimate is intended for use only during the 2013 Legislative Session. It is Fiscal Note 2013-01, dated December 14, 2012, prepared by the Chief Actuary for the New York City Employees' Retirement System, the New York City Teachers' Retirement System, the New York City Board of Education Retirement System, the New S. 2145 28 A. 2296 York City Police Pension Fund and the New York City Fire Department Pension Fund.