Bill Text: NY S03919 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides a cost-of-living adjustment for New York public retirement systems.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S03919 Detail]

Download: New_York-2015-S03919-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3919
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT to amend the retirement and social security  law,  the  education
         law  and  the administrative code of the city of New York, in relation
         to providing cost-of-living adjustments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision a of section 78-a of the retirement and social
    2  security law, as added by chapter 125 of the laws of 2000, is amended to
    3  read as follows:
    4    a. [A] EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND  FIFTEEN,
    5  A  cost-of-living  adjustment shall be payable on the basis provided for
    6  in this section to: (i) all pensioners who have attained age [sixty-two]
    7  FIFTY-FIVE and have been retired for five years;  (ii)  [all  pensioners
    8  who  have  attained  age fifty-five and have been retired for ten years;
    9  (iii)] all disability pensioners regardless of age who have been retired
   10  for five years; and [(iv)] (III) all recipients of an  accidental  death
   11  benefit  regardless of age who have been receiving such benefit for five
   12  years.
   13    S 2. Subdivision a of section 378-a of the retirement and social secu-
   14  rity law, as added by chapter 125 of the laws of  2000,  is  amended  to
   15  read as follows:
   16    a.  [A] EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND FIFTEEN,
   17  A cost-of-living adjustment shall be payable on the basis  provided  for
   18  in this section to: (i) all pensioners who have attained age [sixty-two]
   19  FIFTY-FIVE  and have been retired for five years; AND (ii) [all pension-
   20  ers who have attained age fifty-five  and  have  been  retired  for  ten
   21  years;  and  (iii)] all disability pensioners regardless of age who have
   22  been retired for five years.
   23    S 3. Subdivision a of section 532-a of the education law, as added  by
   24  chapter 125 of the laws of 2000, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00494-02-5
       S. 3919                             2
    1    a.  [A] EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND FIFTEEN,
    2  A cost-of-living adjustment shall be payable on the basis  provided  for
    3  in this section to: (i) all pensioners who have attained age [sixty-two]
    4  FIFTY-FIVE  and  have  been retired for five years; (ii) [all pensioners
    5  who  have  attained  age fifty-five and have been retired for ten years;
    6  (iii)] all disability pensioners regardless of age who have been retired
    7  for five years; and [(iv)] (III) all recipients of an  accidental  death
    8  benefit  regardless of age who have been receiving such benefit for five
    9  years.
   10    S 4. Subdivision a of section 13-696 of the administrative code of the
   11  city of New York, as amended by chapter 288 of  the  laws  of  2001,  is
   12  amended to read as follows:
   13    a.  [A] EFFECTIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND FIFTEEN,
   14  A cost-of-living adjustment shall be payable to retired members  of  the
   15  New  York city employees' retirement system, the New York city teachers'
   16  retirement system, the New York city police pension fund, the  New  York
   17  city  fire department pension fund, the New York city board of education
   18  retirement system or the relief and pension fund of  the  department  of
   19  street  cleaning  provided  for in subchapter one of this chapter on the
   20  basis provided for in this section to: (i) all retired members who  have
   21  attained  age  [sixty-two]  FIFTY-FIVE  and  have  been retired for five
   22  years; (ii) [all retired members who have attained  age  fifty-five  and
   23  have  been  retired  for  ten  years; (iii)] all members who retired for
   24  disability regardless of age who have been retired for five  years;  and
   25  [(iv)] (III) all recipients of an accidental death benefit regardless of
   26  age who have been receiving such benefit for five years.
   27    S 5. This act shall take effect immediately.
         FISCAL NOTE. -- Pursuant to Legislative Law, section 50:
         This  bill  would  provide an increase in the defined benefit cost-of-
       living adjustment (COLA) for New York public retirement systems.  Start-
       ing with a payment in September 2015, COLA will be payable to pensioners
       who have attained age fifty-five and been retired at least five years.
         Insofar  as  this bill affects the New York State and Local Employees'
       Retirement System, pursuant to Section 25 of the Retirement  and  Social
       Security  Law,  the increased costs would be borne entirely by the State
       of New York and would require an itemized  appropriation  sufficient  to
       pay  the  cost of the provision. If this bill were enacted, the increase
       in the present value of benefits would be approximately $440 million.
         Insofar as this bill affects the New York State and Local  Police  and
       Fire  Retirement  System  (PFRS), the increased costs would be shared by
       the State of New York and the participating employers in  the  PFRS.  If
       this  bill  were  enacted, the increase in the present value of benefits
       would be approximately $69.7 million.  The  estimated  first  year  cost
       would  be  approximately  $1.49  million  to  the  State of New York and
       approximately $6.87 million to the participating employers in the PFRS.
         Summary of relevant resources:
         The membership data used in  measuring  the  impact  of  the  proposed
       change  was  the same as that used in the March 31, 2014 actuarial valu-
       ation.  Distributions and other statistics can  be  found  in  the  2014
       Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
       Report.
         The actuarial assumptions and methods used are described in the  2010,
       2011,  2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial
       Assumptions, and the Codes Rules and Regulations of  the  State  of  New
       York: Audit and Control
       S. 3919                             3
         The Market Assets and GASB Disclosures are found in the March 31, 2014
       New  York  State  and  Local  Retirement System Financial Statements and
       Supplementary Information.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication Standards to render the actuarial opinion contained herein.
         This  estimate,  dated  February  12,  2015  and intended for use only
       during the  2015  Legislative  Session,  is  Fiscal  Note  No.  2015-64,
       prepared  by  the  Actuary  for  the New York State and Local Employees'
       Retirement System and the New York  State  and  Local  Police  and  Fire
       Retirement System.
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