Bill Text: NY S04006 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to applicable interest rate for calculating certain benefits provided by the New York state teachers' retirement system.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-11-20 - SIGNED CHAP.479 [S04006 Detail]

Download: New_York-2015-S04006-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4006
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 25, 2015
                                      ___________
       Introduced by Sen. GOLDEN -- (at request of the New York State Teachers'
         Retirement System) -- read twice and ordered printed, and when printed
         to be committed to the Committee on Education
       AN ACT to amend the education law and the retirement and social security
         law,  in  relation  to  the  applicable  interest rate for calculating
         certain benefits provided by the New York state  teachers'  retirement
         system
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 537 of the education law, as separately amended  by
    2  chapters 140 and 167 of the laws of 2003, is amended to read as follows:
    3    S 537. Lump  sum  payment  of  de  minimis service retirement benefit.
    4  Notwithstanding any other law to the contrary, a member of  the  retire-
    5  ment  system  who  is  entitled to receive a retirement allowance, other
    6  than for disability, pursuant to this article  or  pursuant  to  article
    7  eleven  or  fifteen  of  the  retirement  and social security law, which
    8  retirement allowance  prior  to  optional  modification  is  twenty-four
    9  hundred  dollars  per annum or less, may elect at retirement to receive,
   10  in lieu of such retirement allowance, a lump sum payment which has  been
   11  certified  by  the  actuary  to be of actuarial equivalent value to such
   12  retirement allowance and approved by the retirement board. Such lump sum
   13  shall be calculated using the interest rate on thirty year United States
   14  treasury bonds as of January first of the calendar  year  in  which  the
   15  retirement becomes effective. Upon payment of such lump sum, any and all
   16  obligations  of  the  retirement  system to such member shall be totally
   17  discharged. Commencing January first, two thousand  four,  the  interest
   18  rate  on ten year United States treasury obligations as of January first
   19  of the calendar year in which the retirement becomes effective shall  be
   20  used.  COMMENCING JANUARY FIRST, TWO THOUSAND SIXTEEN, THE AVERAGE ANNU-
   21  AL  INTEREST RATE ON TEN YEAR UNITED STATES TREASURY OBLIGATIONS FOR THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09196-01-5
       S. 4006                             2
    1  DAYS DURING THE CALENDAR YEAR THAT PRECEDES THE CALENDAR YEAR  IN  WHICH
    2  THE RETIREMENT BECOMES EFFECTIVE SHALL BE USED.
    3    S 2. Subdivision h of section 517-b of the retirement and social secu-
    4  rity  law,  as amended by chapter 140 of the laws of 2003, is amended to
    5  read as follows:
    6    h. Notwithstanding the provisions of section five hundred  sixteen  of
    7  this  article, whenever a member of such a retirement system, for whom a
    8  loan is outstanding, retires, the retirement allowance  payable  without
    9  optional  modification shall be reduced by a life annuity which is actu-
   10  arially equivalent to the amount of the outstanding loan (all  outstand-
   11  ing  loans  shall continue to accrue interest charges until retirement),
   12  such life annuity being calculated utilizing the interest rate on  thir-
   13  ty-year United States treasury bonds as of January first of the calendar
   14  year  of  the  effective date of retirement and the mortality tables for
   15  options available under section five hundred fourteen of  this  article.
   16  Notwithstanding  the  preceding  sentence,  in  the case of the New York
   17  state teachers' retirement system, commencing January first,  two  thou-
   18  sand  four,  the  interest rate on ten year United States treasury obli-
   19  gations as of January first of the calendar year of the  effective  date
   20  of retirement shall be used.  NOTWITHSTANDING THE PRECEDING SENTENCE, IN
   21  THE  CASE  OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, COMMENCING
   22  JANUARY FIRST, TWO THOUSAND SIXTEEN, THE AVERAGE ANNUAL INTEREST RATE ON
   23  TEN YEAR UNITED STATES TREASURY OBLIGATIONS  FOR  THE  DAYS  DURING  THE
   24  CALENDAR  YEAR  THAT  PRECEDES THE CALENDAR YEAR IN WHICH THE RETIREMENT
   25  BECOMES EFFECTIVE SHALL BE USED.
   26    S 3. Subdivision h of section 613-a of the retirement and social secu-
   27  rity law, as amended by chapter 140 of the laws of 2003, is  amended  to
   28  read as follows:
   29    h.  Notwithstanding  the  provisions  of  subdivision b of section six
   30  hundred twelve of this article, whenever a member of such  a  retirement
   31  system,  for  whom a loan is outstanding, retires, the retirement allow-
   32  ance payable without optional modification shall be reduced  by  a  life
   33  annuity which is actuarially equivalent to the amount of the outstanding
   34  loan  (all  outstanding  loans shall continue to accrue interest charges
   35  until retirement), such life  annuity  being  calculated  utilizing  the
   36  interest  rate on thirty-year United States treasury bonds as of January
   37  first of the calendar year of the effective date of retirement  and  the
   38  mortality  tables for options available under section six hundred ten of
   39  this article. Notwithstanding the preceding sentence, in the case of the
   40  New York state teachers' retirement system,  commencing  January  first,
   41  two  thousand four, the interest rate on ten year United States treasury
   42  obligations as of January first of the calendar year  of  the  effective
   43  date  of  retirement  shall  be  used.    NOTWITHSTANDING  THE PRECEDING
   44  SENTENCE, IN THE CASE OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM,
   45  COMMENCING JANUARY FIRST,  TWO  THOUSAND  SIXTEEN,  THE  AVERAGE  ANNUAL
   46  INTEREST  RATE  ON  TEN  YEAR UNITED STATES TREASURY OBLIGATIONS FOR THE
   47  DAYS DURING THE CALENDAR YEAR THAT PRECEDES THE CALENDAR YEAR  IN  WHICH
   48  THE RETIREMENT BECOMES EFFECTIVE SHALL BE USED.
   49    S 4. This act shall take effect June 30, 2015, except that if this act
   50  shall  have  become a law on or after June 30, 2015, this act shall take
   51  effect immediately and shall be deemed to have been in  full  force  and
   52  effect on and after June 30, 2015.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill  would  amend Section 537 of the Education Law and Sections
       517-b and 613-a of the Retirement and Social Security Law to change  the
       interest  rate  used in calculating certain benefits provided by the New
       S. 4006                             3
       York State Teachers' Retirement System to the  average  annual  interest
       rate  on ten year United States treasury obligations for the days during
       the calendar year that precedes the calendar year  in  which  retirement
       becomes effective. Currently the interest rate on ten year United States
       treasury  obligations  as  of  January first of the calendar year of the
       effective date of retirement is used in calculating such benefits.  This
       change would be effective January 1, 2016.
         The annual cost to the employers of members  of  the  New  York  State
       Teachers'  Retirement  System is estimated to be negligible if this bill
       is enacted.
         Employee data is from the System's  most  recent  actuarial  valuation
       files,  consisting  of  data provided by the employers to the Retirement
       System. Data distributions and statistics can be found in  the  System's
       Comprehensive  Annual  Financial  Report  (CAFR).  System  assets are as
       reported in the System's financial statements, and can also be found  in
       the CAFR. Actuarial assumptions and methods are provided in the System's
       Actuarial Valuation Report.
         The  source  of  this estimate is Fiscal Note 2015-6 dated January 20,
       2015 prepared by the Actuary of the New York State Teachers'  Retirement
       System and is intended for use only during the 2015 Legislative Session.
       I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
       Retirement System. I am a member of the American  Academy  of  Actuaries
       and  I meet the Qualification Standards of the American Academy of Actu-
       aries to render the actuarial opinion contained herein.
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