Bill Text: NY S06460 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to allowing certain members, upon retirement, to use any basic or additional member contributions to offset any deficits in such other contribution account; relates to the definition of additional member contributions and basic member contributions for certain New York city employees' retirement system members who are subject to certain retirement plans under articles 14 and 15 of the retirement and social security law; allows such additional member contributions to be used to offset a deficit of basic member contributions or to allow an excess of basic member contributions to offset a deficit of additional member contributions upon retirement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-12-18 - SIGNED CHAP.467 [S06460 Detail]
Download: New_York-2017-S06460-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6460 2017-2018 Regular Sessions IN SENATE May 23, 2017 ___________ Introduced by Sen. SAVINO -- 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, in relation to the definition of additional member contributions and basic member contributions for certain New York city employees' retirement system members who are subject to certain retirement plans under articles 14 and 15 of the retirement and social security law, to allow such addi- tional member contributions to be used, to offset a deficit of basic member contributions, or to allow an excess of basic member contrib- utions to offset a deficit of additional member contributions upon retirement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph 8 of subdivision e of section 2 504-a of the retirement and social security law, as amended by chapter 3 631 of the laws of 1993, is amended to read as follows: 4 (i) Such additional member contributions (and any interest thereon) 5 shall be paid into the contingent reserve fund of the retirement system 6 of which the participant is a member and shall not for any purpose be 7 deemed to be member contributions or accumulated contributions of a 8 member under section five hundred seventeen of this article or otherwise 9 while he or she is a participant in the twenty-year retirement program 10 or otherwise, except that, upon the participant's separation from city 11 service as a result of retirement, a surplus of such additional member 12 contributions that are paid into the retirement system's contingent 13 reserve fund may be used for the sole purpose of offsetting a deficit of 14 basic member contributions. 15 § 2. Subparagraph (i) of paragraph 12 of subdivision e of section 16 504-b of the retirement and social security law, as added by chapter 631 17 of the laws of 1993, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11762-01-7S. 6460 2 1 (i) All additional member contributions required by this subdivision 2 (and any interest thereon) which are received by the retirement system 3 of which the participant is a member shall be paid into its contingent 4 reserve fund and shall not for any purpose be deemed to be member 5 contributions or accumulated contributions of a member under section 6 five hundred seventeen of this article or otherwise while he or she is a 7 participant in the twenty-year retirement program for captains and above 8 or otherwise, except that, upon the participant's separation from city 9 service as a result of retirement, a surplus of such additional member 10 contributions that are paid into the retirement system's contingent 11 reserve fund may be used for the sole purpose of offsetting a deficit of 12 basic member contributions. 13 § 3. Subparagraph (i) of paragraph 9 of subdivision e of section 504-d 14 of the retirement and social security law, as added by chapter 622 of 15 the laws of 2004, is amended to read as follows: 16 (i) All additional member contributions required by this subdivision 17 (and any interest thereon) which are received by the retirement system 18 of which the participant is a member shall be paid into its contingent 19 reserve fund and shall not for any purpose be deemed to be member 20 contributions or accumulated contributions of a member under section 21 five hundred seventeen of this article or otherwise while he or she is a 22 participant in the twenty-year retirement program or otherwise, except 23 that, upon the participant's separation from city service as a result of 24 retirement, a surplus of such additional member contributions that are 25 paid into the retirement system's contingent reserve fund may be used 26 for the sole purpose of offsetting a deficit of basic member contrib- 27 utions. 28 § 4. Subdivision d of section 517 of the retirement and social securi- 29 ty law, as added by chapter 890 of the laws of 1976, is amended to read 30 as follows: 31 d. Notwithstanding any other provision of this article, a member shall 32 be entitled to withdraw any excess contributions within six months of 33 becoming subject to this article. Thereafter, such contributions, and 34 interest thereon, may only be withdrawn upon separation from service. 35 Upon retirement, such excess contributions, and any interest thereon, 36 may be withdrawn in a single lump sum, or at the election of the member 37 may be paid as an annuity under an option authorized pursuant to section 38 five hundred fourteen of this article, or at the election of the partic- 39 ipant may be used to offset a deficit of additional member contributions 40 as required pursuant to sections five hundred four-a, five hundred 41 four-b, and five hundred four-d of this article. The use of basic member 42 contributions to offset a deficit of additional member contributions 43 does not affect the contributions' tax designation pursuant to section 44 414(h) of the Internal Revenue Code. 45 § 5. Subparagraph (i) of paragraph 8 of subdivision e of section 604-a 46 of the retirement and social security law, as added by chapter 547 of 47 the laws of 1992, is amended to read as follows: 48 (i) Such additional member contributions (and any interest thereon) 49 shall be paid into the contingent reserve fund of the retirement system 50 of which the participant is a member and shall not for any purpose be 51 deemed to be member contributions or accumulated contributions of a 52 member under section six hundred thirteen of this article or otherwise 53 while he or she is a participant in the twenty-year retirement program 54 or otherwise, except that, upon the participant's separation from city 55 service as a result of retirement, a surplus of such additional member 56 contributions that are paid into the retirement system's contingentS. 6460 3 1 reserve fund may be used for the sole purpose of offsetting a deficit of 2 basic member contributions. 3 § 6. Subparagraph (i) of paragraph 8 of subdivision e of section 604-b 4 of the retirement and social security law, as added by chapter 529 of 5 the laws of 1994, is amended to read as follows: 6 (i) Such additional member contributions (and any interest thereon) 7 shall be paid into the contingent reserve fund of the retirement system 8 of which the participant is a member and shall not for any purpose be 9 deemed to be member contributions or accumulated contributions of a 10 member under section six hundred thirteen of this article or otherwise 11 while he or she is a participant in the twenty-five-year and age fifty- 12 five retirement program or otherwise, except that, upon the partic- 13 ipant's separation from city service as a result of retirement, a 14 surplus of such additional member contributions that are paid into the 15 retirement system's contingent reserve fund may be used for the sole 16 purpose of offsetting a deficit of basic member contributions. 17 § 7. Subparagraph (i) of paragraph 7 of subdivision d of section 604-c 18 of the retirement and social security law, as added by chapter 96 of the 19 laws of 1995, is amended to read as follows: 20 (i) All additional member contributions required by this subdivision 21 (and any interest paid thereon) which are received by the retirement 22 system of which the participant is a member shall be paid into its 23 contingent reserve fund and shall not for any purpose be deemed to be 24 member contributions or accumulated contributions of a member under 25 section six hundred thirteen of this article or otherwise while he or 26 she is a participant in the twenty-five-year early retirement program or 27 otherwise, except that, upon the participant's separation from city 28 service as a result of retirement, a surplus of such additional member 29 contributions that are paid into the retirement system's contingent 30 reserve fund may be used for the sole purpose of offsetting a deficit of 31 basic member contributions. 32 § 8. Subparagraph (i) of paragraph 8 of subdivision e of section 604-c 33 of the retirement and social security law, as added by chapter 472 of 34 the laws of 1995, is amended to read as follows: 35 (i) Such additional member contributions (and any interest thereon) 36 shall be paid into the contingent reserve fund of the retirement system 37 of which the participant is a member and shall not for any purpose be 38 deemed to be member contributions or accumulated contributions of a 39 member under section six hundred thirteen of this article or otherwise 40 while he or she is a participant in the twenty-year/age fifty retirement 41 program or otherwise, except that, upon the participant's separation 42 from city service as a result of retirement, a surplus of such addi- 43 tional member contributions that are paid into the retirement system's 44 contingent reserve fund may be used for the sole purpose of offsetting a 45 deficit of basic member contributions. 46 § 9. Subparagraph (i) of paragraph 6 of subdivision f of section 604-d 47 of the retirement and social security law, as added by chapter 96 of the 48 laws of 1995, is amended to read as follows: 49 (i) All additional member contributions required by this subdivision 50 (and any interest paid thereon) which are received by the retirement 51 system of which the participant is a member shall be paid into its 52 contingent reserve fund and shall not for any purpose be deemed to be 53 member contributions or accumulated contributions of a member under 54 section six hundred thirteen of this article or otherwise while he or 55 she is a participant in the age fifty-seven retirement program or other- 56 wise, except that, upon the participant's separation from city serviceS. 6460 4 1 as a result of retirement, a surplus of such additional member contrib- 2 utions that are paid into the retirement system's contingent reserve 3 fund may be used for the sole purpose of offsetting a deficit of basic 4 member contributions. 5 § 10. Subparagraph (i) of paragraph 10 of subdivision e of section 6 604-e of the retirement and social security law, as added by chapter 576 7 of the laws of 2000, is amended to read as follows: 8 (i) Such additional member contributions (and any interest thereon) 9 shall be paid into the contingent reserve fund of the retirement system 10 of which the participant is a member and shall not for any purpose be 11 deemed to be member contributions or accumulated contributions of a 12 member under section six hundred thirteen of this article or otherwise 13 while he or she is a participant in the twenty-five year retirement 14 program or otherwise, except that, upon the participant's separation 15 from city service as a result of retirement, a surplus of such addi- 16 tional member contributions that are paid into the retirement system's 17 contingent reserve fund may be used for the sole purpose of offsetting a 18 deficit of basic member contributions. 19 § 11. Subparagraph (i) of paragraph 10 of subdivision e of section 20 604-e of the retirement and social security law, as added by chapter 577 21 of the laws of 2000, is amended to read as follows: 22 (i) Such additional member contributions (and any interest thereon) 23 shall be paid into the contingent reserve fund of the retirement system 24 of which the participant is a member and shall not for any purpose be 25 deemed to be member contributions or accumulated contributions of a 26 member under section six hundred thirteen of this article or otherwise 27 while he or she is a participant in the twenty-five year retirement 28 program or otherwise, except that, upon the participant's separation 29 from city service as a result of retirement, a surplus of such addi- 30 tional member contributions that are paid into the retirement system's 31 contingent reserve fund may be used for the sole purpose of offsetting a 32 deficit of basic member contributions. 33 § 12. Subparagraph (i) of paragraph 10 of subdivision e of section 34 604-f of the retirement and social security law, as added by chapter 559 35 of the laws of 2001, is amended to read as follows: 36 (i) Such additional member contributions (and any interest thereon) 37 shall be paid into the contingent reserve fund of the retirement system 38 of which the participant is a member and shall not for any purpose be 39 deemed to be member contributions or accumulated contributions of a 40 member under section six hundred thirteen of this article or otherwise 41 while he or she is a participant in the twenty-five year retirement 42 program or otherwise, except that, upon the participant's separation 43 from city service as a result of retirement, a surplus of such addi- 44 tional member contributions that are paid into the retirement system's 45 contingent reserve fund may be used for the sole purpose of offsetting a 46 deficit of basic member contributions. 47 § 13. Subparagraph (i) of paragraph 10 of subdivision e of section 48 604-f of the retirement and social security law, as added by chapter 582 49 of the laws of 2001, is amended to read as follows: 50 (i) Such additional member contributions, and any interest thereon, 51 shall be paid into the contingent reserve fund of the retirement system 52 of which the participant is a member and shall not for any purpose be 53 deemed to be member contributions or accumulated contributions of a 54 member under section six hundred thirteen of this article or otherwise 55 while he or she is a participant in the twenty-five year retirement 56 program or otherwise, except that, upon the participant's separationS. 6460 5 1 from city service as a result of retirement, a surplus of such addi- 2 tional member contributions that are paid into the retirement system's 3 contingent reserve fund may be used for the sole purpose of offsetting a 4 deficit of basic member contributions. 5 § 14. Subparagraph (i) of paragraph 10 of subdivision e of section 6 604-g of the retirement and social security law, as added by chapter 414 7 of the laws of 2002, is amended to read as follows: 8 (i) Such additional member contributions (and any interest thereon) 9 shall be paid into the contingent reserve fund of the retirement system 10 of which the participant is a member and shall not for any purpose be 11 deemed to be member contributions or accumulated contributions of a 12 member under section six hundred thirteen of this article or otherwise 13 while he or she is a participant in the twenty-five year/age fifty 14 retirement program or otherwise, except that, upon the participant's 15 separation from city service as a result of retirement, a surplus of 16 such additional member contributions that are paid into the retirement 17 system's contingent reserve fund may be used for the sole purpose of 18 offsetting a deficit of basic member contributions. 19 § 15. Subparagraph (i) of paragraph 10 of subdivision e of section 20 604-h of the retirement and social security law, as added by chapter 682 21 of the laws of 2003, is amended to read as follows: 22 (i) Such additional member contributions (and any interest thereon) 23 shall be paid into the contingent reserve fund of the retirement system 24 of which the participant is a member and shall not for any purpose be 25 deemed to be member contributions or accumulated contributions of a 26 member under section six hundred thirteen of this article or otherwise 27 while he or she is a participant in the twenty-five year retirement 28 program or otherwise, except that, upon the participant's separation 29 from city service as a result of retirement, a surplus of such addi- 30 tional member contributions that are paid into the retirement system's 31 contingent reserve fund may be used for the sole purpose of offsetting a 32 deficit of basic member contributions. 33 § 16. Section 613 of the retirement and social security law is amended 34 by adding a new subdivision h to read as follows: 35 h. Notwithstanding any other provision of law to the contrary, upon 36 the participant's separation from city service as a result of retire- 37 ment, a participant may use any excess basic member contributions to 38 offset a deficit of additional member contributions as required pursuant 39 to sections six hundred four-a, six hundred four-b, six hundred four-c, 40 as added by chapter 96 of the laws of 1995, six hundred four-c, as added 41 by chapter 472 of the laws of 1995, six hundred four-d, six hundred 42 four-e, as added by chapter 576 of the laws of 2000, six hundred four-e, 43 as added by chapter 577 of the laws of 2000, six hundred four-f, as 44 added by chapter 559 of the laws of 2001, six hundred four-f, as added 45 by chapter 582 of the laws of 2001, six hundred four-g, and six hundred 46 four-h of this article. The use of basic member contributions to offset 47 a deficit of additional member contributions does not affect the 48 contributions' tax designation pursuant to section 414(h) of the Inter- 49 nal Revenue Code. 50 § 17. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: PROVISIONS OF PROPOSED LEGISLATION: This proposed legislation would amend the contribution provisions applicable to certain New York City Employees' Retirement System (NYCERS) Special Plans subject to Retire- ment and Social Security Law (RSSL) Article 14 and Article 15 to allow,S. 6460 6 upon retirement, using any excess basic or additional member contrib- utions to offset any deficits in such other contribution account. The Effective Date of the proposed legislation would be the date of enactment. PLANS IMPACTED BY THE PROPOSED LEGISLATION: The proposed legislation would cover those members of NYCERS who are participants in the follow- ing special plans requiring the payment of additional member contrib- utions (Special Plans): Article 14 Special Plans: Twenty-Year Retirement Program for New York City Correction Members below the Rank of Captain Twenty-Year Retirement Program for New York City Correction Members of the Rank of Captain or above Twenty-Year Retirement Program for New York City Correction Members Article 15 Special Plans: Twenty-Year Retirement Program for New York City Sanitation Members Twenty-Five-Year and Age Fifty-Five Retirement Program for New York City Transit Authority Members Optional Twenty-Five-Year Early Retirement Program for Certain New York City Members Twenty-Year/Age Fifty Retirement Program for Triborough Bridge and Tunnel Members Age Fifty-Seven Retirement Program for Certain New York City Members Twenty-Five Year Retirement Program for Dispatcher Members Twenty-Five Year Retirement Program for EMT Members Twenty-Five Year Retirement Program for Deputy Sheriff Members Twenty-Five Year Retirement Program for Special Officer, Parking Control Specialist, School Safety Agent, Campus Peace Officer or New York City Taxi and Limousine Inspector Members Twenty-Five Year/Age Fifty Retirement Program for Automotive Members Twenty-Five Year Retirement Program for Police Communications Members IMPACT ON BENEFITS PAYABLE: The proposed legislation would not mate- rially affect the benefits payable to participants in the Special Plans. Rather, the proposed legislation would help reduce the administrative burdens associated with requiring the return of excess basic or addi- tional member contributions, and requiring the return of excess basic or additional member contributions, and requiring a separate payment for any contribution deficits in such accounts (or the calculation of an actuarial reduction based such deficits) upon retirement. FINANCIAL IMPACT - EMPLOYER CONTRIBUTIONS: The enactment of this proposed legislation would not result in any change in employer contrib- utions. STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu- ary for, and independent of, the New York City Pension Funds and Retire- ment Systems. I am a Fellow of the Society of Actuaries, a Fellow of the Conference of Consulting 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 Fiscal Note 2017-10 dated April 25, 2017, was prepared by the Chief Actuary for the New York City Employees' Retirement System. This estimate is intended for use only during the 2017 Legislative Session.
