Bill Text: NY S07181 | 2023-2024 | General Assembly | Amended


Bill Title: Permits certain twenty-five year retirement program dispatcher members to file elections not to participate.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-05 - SUBSTITUTED BY A7693A [S07181 Detail]

Download: New_York-2023-S07181-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7181--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to said committee -- recommitted to the Committee on
          Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the retirement and social security law, in relation to
          permitting certain  twenty-five  year  retirement  program  dispatcher
          members to file elections not to participate

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 604-e of the retirement and social security law, as
     2  added by chapter 576 of the laws of 2000, is amended  by  adding  a  new
     3  subdivision f to read as follows:
     4    f.  1.  Notwithstanding  any  provision  of  law  to  the  contrary, a
     5  dispatcher member who exceeded age thirty upon employment as a dispatch-
     6  er member and failed to file their election not to participate with  the
     7  retirement system within one hundred eighty days of becoming a dispatch-
     8  er  member,  as  required  by  paragraph  three of subdivision b of this
     9  section, may file such an election with the retirement system within one
    10  hundred eighty days of the effective date of this subdivision.
    11    2. The retirement system shall post, and announce on its homepage  the
    12  posting  of,  the  form  and  corresponding  instructions for dispatcher
    13  members to elect not to participate on its website no later than  thirty
    14  days after the effective date of this subdivision.
    15    3.  If  the  retirement system fails to post and announce the form and
    16  corresponding instructions no later than thirty days after the effective
    17  date of this subdivision, as prescribed by paragraph two of this  subdi-
    18  vision,  the  period for a dispatcher member to elect not to participate
    19  prescribed by paragraph one of this subdivision  shall  be  extended  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11083-04-4

        S. 7181--B                          2

     1  sixty   days  for  each  month  or  part  thereof  that  such  form  and
     2  instructions are not posted to the retirement system's website.
     3    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
        SUMMARY:  This proposed legislation would allow New York City Employees'
        Retirement System (NYCERS) Tier 4 and Tier 6 members who are members  of
        a  Dispatcher  25-Year  Retirement  Plan and were older than age 30 when
        they joined the plan, another 180-day period to opt out of the plan.

                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                        by Fiscal Year for the first 25 years ($)
                            Year      NYCERS
                            2025        516,000
                            2026        521,000
                            2027        524,000
                            2028        528,000
                            2029        530,000
                            2030        531,000
                            2031        532,000
                            2032        530,000
                            2033        527,000
                            2034        523,000
                            2035        518,000
                            2036        512,000
                            2037        505,000
                            2038        172,000
                            2039        164,000
                            2040        154,000
                            2041        145,000
                            2042        135,000
                            2043        126,000
                            2044        116,000
                            2045        106,000
                            2046        96,000
                            2047        88,000
                            2048        78,000
                            2049        69,000
           Employer Contribution impact beyond Fiscal Year 2049 is not shown.

          The entire increase in employer contributions will be allocated to New
        York City.

                  EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                           as of June 30, 2023 ($ in Millions)
                     Present Value (PV)                 NYCERS
                     PV of Benefits:                    2.8
                     PV of Employee Contributions:      (1.9)
                     PV of Employer Contributions:      4.7
                     Unfunded Accrued Liabilities:      2.6

        PV of Benefits includes the assumed refund of AMC balances.

                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
                                                        NYCERS
                     Number of Payments:                13

        S. 7181--B                          3

                     Fiscal Year of Last Payment:       2037
                     Amortization Payment:              325,000

          Unfunded  Accrued Liability (UAL) increases for actives were amortized
        over the expected remaining working lifetime of those  impacted  by  the
        benefit changes using level dollar payments.
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30,  2023.  The  census  data  for  the
        impacted population is summarized below.

                                                        NYCERS
                     Active Members
                     - Number Count:                    54
                     - Average Age:                     46.3
                     - Average Service:                 13.1
                     - Average Salary:                  79,400

          BACKGROUND:  Currently, Tier 4 or Tier 6 NYCERS members who exceed age
        30 upon being mandated into a Dispatcher 25-Year Plan, have  the  option
        to  irrevocably opt out of the plan within 180 days. Members who opt out
        of the plan are generally placed into one of the Tier 4 or Tier 6 under-
        lying plans.
          Under the proposed legislation, such members who failed to opt out  of
        the  Dispatcher 25-Year Plan in the original 180 days would have another
        180-day period in which to opt out of the Plan.
          For the purposes of this Fiscal Note, it is assumed that  members  who
        opt  out  of  the Dispatcher 25-Year Plan under the proposed legislation
        would be entitled to an immediate refund  of  excess  Additional  Member
        Contributions (AMC), with interest.
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the actuarial assumptions and methods to be used for
        the Preliminary Fiscal Year 2025 employer contributions of the  impacted
        retirement systems.
          To  determine the impact of the elective nature of the proposed legis-
        lation, a subgroup of members was developed based on who is  assumed  to
        benefit actuarially by comparing the net present value of future employ-
        er  costs  of  each  member’s benefit under their current plan and under
        their applicable underlying plan.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on  the  actuarial  assumptions, methods, and models used, demo-
        graphics of the impacted population, and other factors such  as  invest-
        ment,  contribution, and other risks. If actual experience deviates from
        actuarial  assumptions,  the  actual  costs  could  differ  from   those
        presented  herein.  Quantifying  these risks is beyond the scope of this
        Fiscal Note.
          This Fiscal Note is intended to measure  pension-related  impacts  and
        does  not  include other potential costs (e.g., administrative and Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are  members of NYCERS but do not believe it impairs our
        objectivity and we meet the  Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  been
        prepared  in accordance with generally accepted actuarial principles and

        S. 7181--B                          4

        procedures and with the Actuarial Standards of Practice  issued  by  the
        Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-09 dated January 25,
        2024  was prepared by the Chief Actuary for the New York City Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
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