Bill Text: NY S06047 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides cost-of-living adjustments, including an adjusted benefit in monthly installments that is equal to the percentage of the change in consumer price index according to the included schedule.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S06047 Detail]

Download: New_York-2017-S06047-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6047
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 10, 2017
                                       ___________
        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 f 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    f. Commencing September first, two thousand, all retired  members  who
     5  have  retired  prior  to the calendar year nineteen hundred ninety-seven
     6  and who meet the eligibility criteria set forth in subdivision a of this
     7  section shall be paid an adjusted benefit in monthly installments on the
     8  basis provided for in this subdivision. Said adjusted benefit  shall  be
     9  equal  to  a percentage of the change in consumer price index (all urban
    10  consumers, CPI-U, U.S. city average, all items, 1982-84=100),  published
    11  by  the United States bureau of labor statistics, measured from the year
    12  of  retirement  through  calendar  year  nineteen  hundred  ninety-seven
    13  according to the following schedule:
    14        Year of retirement                     Percentage
    15        1968 through 1996                      50%
    16        1966 and 1967                          55%
    17        1965                                   60%
    18        1964                                   65%
    19        1963                                   70%
    20        1962                                   80%
    21        1961                                   90%
    22        prior to 1961                          100%
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11292-01-7

        S. 6047                             2
     1  Said  adjusted benefit shall be computed on a base benefit amount not to
     2  exceed eighteen thousand dollars of the retirement  allowance  otherwise
     3  payable,  computed  without  optional modification. Any benefit received
     4  pursuant to this subdivision shall be in lieu of  any  benefit  received
     5  pursuant to section seventy-eight of this title.
     6    Commencing  September  first,  two  thousand  seventeen,  all  retired
     7  members who have retired prior to the  calendar  year  nineteen  hundred
     8  ninety-seven and who meet the eligibility criteria set forth in subdivi-
     9  sion  a  of  this  section  shall be paid an adjusted benefit in monthly
    10  installments on  the  basis  provided  for  in  this  subdivision.  Said
    11  adjusted benefit shall be equal to a percentage of the change in consum-
    12  er  price  index  (all  urban  consumers,  CPI-U, U.S. city average, all
    13  items, 1982-84=100), published by the  United  States  bureau  of  labor
    14  statistics,  measured  from the year of retirement through calendar year
    15  nineteen hundred ninety-seven according to the following schedule:
    16        Year of retirement                     Percentage
    17        1973 through 1996                      50%
    18        1971 and 1972                          55%
    19        1970                                   60%
    20        1969                                   65%
    21        1968                                   70%
    22        1967                                   80%
    23        1966                                   90%
    24        prior to 1966                          100%
    25  Said adjusted benefit commencing September first,  two  thousand  seven-
    26  teen,  shall  be  computed  on the base benefit amount of the retirement
    27  allowance otherwise payable, computed without optional modification, set
    28  forth herein above. Any benefit received pursuant  to  this  subdivision
    29  shall  be  in  lieu of any benefit received pursuant to section seventy-
    30  eight of this title.
    31    § 2. Subdivision f of section 378-a of the retirement and social secu-
    32  rity law, as added by chapter 125 of the laws of  2000,  is  amended  to
    33  read as follows:
    34    f.  Commencing  September first, two thousand, all retired members who
    35  have retired prior to the calendar year  nineteen  hundred  ninety-seven
    36  and who meet the eligibility criteria set forth in subdivision a of this
    37  section shall be paid an adjusted benefit in monthly installments on the
    38  basis  provided  for in this subdivision. Said adjusted benefit shall be
    39  equal to a percentage of the change in consumer price index  (all  urban
    40  consumers,  CPI-U, U.S. city average, all items, 1982-84=100), published
    41  by the United States bureau of labor statistics, measured from the  year
    42  of  retirement  through  calendar  year  nineteen  hundred  ninety-seven
    43  according to the following schedule:
    44        Year of retirement                     Percentage
    45        1968 through 1996                      50%
    46        1966 and 1967                          55%
    47        1965                                   60%
    48        1964                                   65%
    49        1963                                   70%
    50        1962                                   80%
    51        1961                                   90%
    52        prior to 1961                          100%
    53  Said adjusted benefit shall be computed on a base benefit amount not  to
    54  exceed  eighteen  thousand dollars of the retirement allowance otherwise

        S. 6047                             3
     1  payable, computed without optional modification.  Any  benefit  received
     2  pursuant  to  this  subdivision shall be in lieu of any benefit received
     3  pursuant to section three hundred seventy-eight of this title.
     4    Commencing  September  first,  two  thousand  seventeen,  all  retired
     5  members who have retired prior to the  calendar  year  nineteen  hundred
     6  ninety-seven and who meet the eligibility criteria set forth in subdivi-
     7  sion  a  of  this  section  shall be paid an adjusted benefit in monthly
     8  installments on  the  basis  provided  for  in  this  subdivision.  Said
     9  adjusted benefit shall be equal to a percentage of the change in consum-
    10  er  price  index  (all  urban  consumers,  CPI-U, U.S. city average, all
    11  items, 1982-84=100), published by the  United  States  bureau  of  labor
    12  statistics,  measured  from the year of retirement through calendar year
    13  nineteen hundred ninety-seven according to the following schedule:
    14        Year of retirement                     Percentage
    15        1973 through 1996                          50%
    16        1971 and 1972                              55%
    17        1970                                       60%
    18        1969                                       65%
    19        1968                                       70%
    20        1967                                       80%
    21        1966                                       90%
    22        prior to 1966                             100%
    23  Said adjusted benefit commencing September first,  two  thousand  seven-
    24  teen,  shall  be  computed  on the base benefit amount of the retirement
    25  allowance otherwise payable, computed without optional modification, set
    26  forth herein above. Any benefit received pursuant  to  this  subdivision
    27  shall  be  in  lieu  of  any  benefit received pursuant to section three
    28  hundred seventy-eight of this title.
    29    § 3. Subdivision f of section 532-a of the education law, as added  by
    30  chapter 125 of the laws of 2000, is amended to read as follows:
    31    f.  Commencing  September first, two thousand, all retired members who
    32  have retired prior to the calendar year  nineteen  hundred  ninety-seven
    33  and who meet the eligibility criteria set forth in subdivision a of this
    34  section shall be paid an adjusted benefit in monthly installments on the
    35  basis  provided  for in this subdivision. Said adjusted benefit shall be
    36  equal to a percentage of the change in consumer price index  (all  urban
    37  consumers,  CPI-U, U.S. city average, all items, 1982-84=100), published
    38  by the United States bureau of labor statistics, measured from the  year
    39  of  retirement  through  calendar  year  nineteen  hundred  ninety-seven
    40  according to the following schedule:
    41        Year of retirement                     Percentage
    42        1968 through 1996                      50%
    43        1966 and 1967                          55%
    44        1965                                   60%
    45        1964                                   65%
    46        1963                                   70%
    47        1962                                   80%
    48        1961                                   90%
    49        prior to 1961                          100%
    50  Said adjusted benefit shall be computed on a base benefit amount not  to
    51  exceed  eighteen  thousand dollars of the retirement allowance otherwise
    52  payable, computed without optional modification  excluding  any  annuity
    53  derived  from voluntary contributions made by members, except those made
    54  pursuant to elections under subdivision  one  of  section  five  hundred
    55  eleven-a  or  paragraph  c  of subdivision three of section five hundred

        S. 6047                             4
     1  sixteen of this article. Any benefits received pursuant to this subdivi-
     2  sion shall be in lieu of any benefits received pursuant to section  five
     3  hundred  thirty-two  of this article, unless such benefits are in excess
     4  of  those provided by this section, in which case such benefits shall be
     5  paid by the retirement system pursuant to such provision.
     6    Commencing  September  first,  two  thousand  seventeen,  all  retired
     7  members  who  have  retired  prior to the calendar year nineteen hundred
     8  ninety-seven and who meet the eligibility criteria set forth in subdivi-
     9  sion a of this section shall be paid  an  adjusted  benefit  in  monthly
    10  installments  on  the  basis  provided  for  in  this  subdivision. Said
    11  adjusted benefit shall be equal to a percentage of the change in consum-
    12  er price index (all urban  consumers,  CPI-U,  U.S.  city  average,  all
    13  items,  1982-84=100),  published  by  the  United States bureau of labor
    14  statistics, measured from the year of retirement through  calendar  year
    15  nineteen hundred ninety-seven according to the following schedule:
    16        Year of retirement                     Percentage
    17        1973 through 1996                          50%
    18        1971 and 1972                              55%
    19        1970                                       60%
    20        1969                                       65%
    21        1968                                       70%
    22        1967                                       80%
    23        1966                                       90%
    24        prior to 1966                             100%
    25  Said  adjusted  benefit, commencing September first, two thousand seven-
    26  teen, shall be computed on the base benefit  amount  of  the  retirement
    27  allowance otherwise payable, computed without optional modification, set
    28  forth  herein  above.  Any benefit received pursuant to this subdivision
    29  shall be in lieu of  any  benefit  received  pursuant  to  section  five
    30  hundred thirty-two of this article.
    31    § 4. Subdivision f of section 13-696 of the administrative code of the
    32  city  of  New  York,  as  added  by  chapter 125 of the laws of 2000, is
    33  amended to read as follows:
    34    f. Commencing September first, two thousand, all retired  members  who
    35  have  retired  prior  to the calendar year nineteen hundred ninety-seven
    36  and who meet the eligibility criteria set forth in subdivision a of this
    37  section shall be paid an adjusted benefit in monthly installments on the
    38  basis provided for in this subdivision. Said adjusted benefit  shall  be
    39  equal  to  a percentage of the change in consumer price index (all urban
    40  consumers, CPI-U, U.S. city average, all items, 1982-84=100),  published
    41  by  the United States bureau of labor statistics, measured from the year
    42  of  retirement  through  calendar  year  nineteen  hundred  ninety-seven
    43  according to the following schedule:
    44        Year of retirement                     Percentage
    45        1968 through 1996                      50%
    46        1966 and 1967                          55%
    47        1965                                   60%
    48        1964                                   65%
    49        1963                                   70%
    50        1962                                   80%
    51        1961                                   90%
    52        prior to 1961                          100%
    53  Said  adjusted benefit shall be computed on a base benefit amount not to
    54  exceed eighteen thousand dollars of the annual fixed  retirement  allow-
    55  ance  otherwise  payable,  computed  without  optional modification. Any

        S. 6047                             5
     1  benefit received pursuant to this subdivision shall be in  lieu  of  any
     2  benefit received pursuant to chapter three hundred ninety of the laws of
     3  nineteen  hundred  ninety-eight,  and  any  preceding  provision  of law
     4  providing for supplementation.
     5    Commencing  September  first,  two  thousand  seventeen,  all  retired
     6  members who have retired prior to the  calendar  year  nineteen  hundred
     7  ninety-seven and who meet the eligibility criteria set forth in subdivi-
     8  sion  a  of  this  section  shall be paid an adjusted benefit in monthly
     9  installments on  the  basis  provided  for  in  this  subdivision.  Said
    10  adjusted benefit shall be equal to a percentage of the change in consum-
    11  er  price  index  (all  urban  consumers,  CPI-U, U.S. city average, all
    12  items, 1982-84=100), published by the  United  States  bureau  of  labor
    13  statistics,  measured  from the year of retirement through calendar year
    14  nineteen hundred ninety-seven according to the following schedule:
    15        Year of retirement                     Percentage
    16        1973 through 1996                      50%
    17        1971 and 1972                          55%
    18        1970                                   60%
    19        1969                                   65%
    20        1968                                   70%
    21        1967                                   80%
    22        1966                                   90%
    23        prior to 1966                          100%
    24  Said adjusted benefit, commencing September first, two  thousand  seven-
    25  teen,  shall  be  computed  on the base benefit amount of the retirement
    26  allowance otherwise payable, computed without optional modification, set
    27  forth herein above. Any benefit received pursuant  to  this  subdivision
    28  shall  be  in lieu of any benefit received pursuant to section 13-695 of
    29  this article.
    30    § 5. This act shall take effect immediately.
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