What's happening
This bill allows New York State judges' pensions to be calculated based on their last commission-set salary if they served at least three years.
Why it matters
Ensures pension fairness and predictability for judges. By allowing judges’ final pension calculations to be based on their most recent salary set by the judicial compensation commission (if they served at least three years), the bill helps prevent pension reductions due to salary fluctuations or delays in commission adjustments.
May encourage judicial retention and recruitment. The guarantee of a pension tied to the highest, most recent salary could make judicial careers more attractive and encourage experienced judges to remain on the bench, supporting continuity and stability in the judiciary.
Creates significant state fiscal impact. The bill is projected to increase annual state pension contributions by $1.9 million and require a one-time payment of $47 million for past service costs, impacting New York’s budget and potentially influencing future decisions on judicial compensation and benefits.
Addresses specific pension calculation inconsistencies. The measure targets a gap in existing law where judges might otherwise see lower pension benefits due to timing or structure of salary changes, thus aligning retirement benefits more closely with the intent of judicial compensation reforms.
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Who cares
Headline styles
Change Judge Pension Formula
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental employees
- Referred to governmental employees
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6319
2017-2018 Regular Sessions
IN ASSEMBLY
March 2, 2017
Introduced by M. of A. MONTESANO, LAWRENCE -- read once and referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to calculating the final average salary of justices and judges within the New York state unified court system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 2 of the retirement and social security law is amended by adding a new paragraph d to read as follows:
d. In the case of a member who:
(1) served as an elected or appointed justice or judge of the New York state unified court system, and
(2) was paid pursuant to the salary set by the commission of judicial compensation, and
(3) shall have served at least three years of the judicial term to which he or she was appointed or elected, such term shall mean, at the option of such member, the last salary set by the commission on judicial compensation for the year in which said member last served.
§ 2. Section 443 of the retirement and social security law is amended by adding a new subdivision h to read as follows:
h. Notwithstanding the provisions of subdivisions a and b of this section, with respect to a member who served as an elected or appointed justice or judge of the New York state unified court system, who was paid pursuant to the salary set by the commission on judicial compensation, and who shall have served at least three years of the judicial term to which he or she was appointed or elected, the final average salary shall mean, at the option of such member, the last salary set by the commission on judicial compensation for the year in which said member last served.
§ 3. Section 512 of the retirement and social security law is amended by adding a new subdivision e to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06075-03-7
A. 6319 2
e. Notwithstanding the provisions of subdivisions a and b of this section, with respect to a member who served as an elected or appointed justice or judge of the New York state unified court system, who was paid pursuant to the salary set by the commission on judicial compensation, and who shall have served at least three years of the judicial term to which he or she was appointed or elected, the final average salary shall mean, at the option of such member, the last salary set by the commission on judicial compensation for the year in which said member last served.
§ 4. Section 608 of the retirement and social security law is amended by adding a new subdivision f to read as follows:
f. Notwithstanding the provisions of subdivisions a and b of this section, with respect to a member who served as an elected or appointed justice or judge of the New York state unified court system, who was paid pursuant to the salary set by the commission on judicial compensation, and who shall have served at least three years of the judicial term to which he or she was appointed or elected, the final average salary shall mean, at the option of such member, the last salary set by the commission on judicial compensation for the year in which said member last served.
§ 5. All past service costs associated with the implementation of this act shall be borne by the state.
§ 6. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill will allow any member who served as an elected or appointed
judge or justice of the unified court system to have their final average
salary determined using the rate of salary set by the commission of
judicial compensation for the year in which the member last served.
If this legislation is enacted during the 2017 legislative session, it
is estimated that there will be an increase of approximately $1.9
million in the annual contributions of the state of New York for the
fiscal year ending March 31, 2018. In future years, this cost will vary
as the billing rates and salaries of the affected members change.
In addition to the annual contributions discussed above, it is esti-
mated that there will be a past service cost of $47 million which will
be borne by the state of New York as a one-time payment, assuming that
such payment will be made on March 1, 2018.
This estimate is based on a group of 1,271 affected members with a
salary for the fiscal year ending March 31, 2016 of approximately $192
million. A list of eligible job titles was provided by the Office of
Court Administration.
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, 2016 actuarial valu-
ation. Distributions and other statistics can be found in the 2016
Report of the Actuary and the 2016 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015
and 2016 Annual Report to the Comptroller on Actuarial Assumptions, and
the Codes Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2016
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.
A. 6319 3
This estimate, dated February 16, 2017, and intended for use only
during the 2017 Legislative Session, is Fiscal Note No. 2017-51,
prepared by the Actuary for the New York State and Local Retirement
System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.