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S5121Senate2017-2018 SessionSame asA6502

Count Cadet Time for Pensions

Official title

“Relates to allowing certain members of the New York city police pension fund to receive service credit for their service in the New York city police department cadet program”

Sponsor Martin J. GoldenSD-22Affects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

What's happening

This bill allows New York City police officers to receive pension credit for time served in the police cadet program.

Why it matters

  1. Expands pension eligibility and benefits for police officers. By allowing service as a cadet to count toward police pension credit, the bill enables officers to retire sooner or qualify for higher benefits, recognizing their pre-officer service as valuable experience.

  2. Requires financial contributions for prior service credit. Officers who want to count cadet time toward their pension must make retroactive contributions (plus interest), ensuring that the pension fund receives funding for the additional credited service.

  3. Creates a pathway for transfer of retirement credits. Those who were members of the New York City Employees’ Retirement System during their cadet service can transfer that credit to the police pension fund, promoting portability and fairness for career progression.

  4. Has a measurable fiscal impact on city finances. The bill is projected to increase annual pension costs by several million dollars per year, reflecting both the increased liability for credited service and the anticipated number of eligible cadets entering the force.

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Who cares

Headline styles

Count Cadet Time for Pensions

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Print number 5121a
  2. Amend and recommit to civil service and pensions
  3. Referred to civil service and pensions
  4. Committed to rules
  5. Advanced to third reading
  6. 2nd report cal.
  7. 1st report cal.769
  8. Referred to civil service and pensions

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6502Assembly

Credit Cadet Service for Pensions

In Assembly Committee · Governmental Employees · Sponsor Peter Abbate

Impact 6 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5121--A

2017-2018 Regular Sessions

IN SENATE

March 8, 2017

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- 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 administrative code of the city of New York, in relation to allowing certain members of the New York city police pension fund to receive service credit for their service in the New York city police department cadet program

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

Section 1. Subdivision h of section 13-218 of the administrative code of the city of New York, as added by chapter 594 of the laws of 2000, is relettered subdivision i and a new subdivision j is added to read as follows:

j. (1) Notwithstanding any provision of law to the contrary, upon election, any member of the police pension fund, subchapter two of this chapter who is subject to article fourteen of the retirement and social security law, and served in the New York city police department cadet program shall receive credit in such police pension fund, subchapter two of this chapter, for the period of service in the New York city police department cadet program. Any member who was not a member of the retirement system shall receive such credit by paying into the police pension fund additional member contributions plus interest, at a rate of five percent, which would have been paid or credited had such member been a member of the police pension fund, subchapter two of this chapter, from his or her date of appointment as a New York city police department cadet, provided such payment is made within five years after the effective date of this subdivision, or within five years after commencement of membership in the New York city police pension fund, whichever is

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09399-03-8

S. 5121--A 2

later. Any such member who was a member of the New York city employees' retirement system while serving in the New York city police department cadet program shall receive such credit in the police pension fund by requesting a transfer of credit within five years after this subdivision shall take effect, or within five years after commencement of membership in the New York city police pension fund, whichever is later. Upon such request, the reserve on the benefits allowable to such member as the result of employer contributions, including the reserve-for-increasedtake-home-pay, if any, and the accumulated deductions of such member, shall thereupon be transferred from the New York city employees' retirement system to the police pension fund within one year from the date of such request.

(2) The period of such service transferred or purchased pursuant to paragraph one of this subdivision shall be deemed to be service in the police force for purposes of eligibility for benefits and to determine the amounts of benefits under the police pension fund.

(3) Any member of the police pension fund, subchapter two of this chapter, who acquires service credit by reason of the provisions of this subdivision shall be entitled to all rights benefits and privileges to which he or she would have been entitled had his or her current membership begun upon appointment as a New York city police department cadet, as well as any other right, benefit or entitlement of a similarly situated member of such pension fund with equal total service credit consisting only of service in the uniformed force of the police department.

§ 2. This act shall take effect immediately.

FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

We have estimated the impact of the Cadet Bill, a copy of which is

attached, on the projected employer contributions. The table below

summarizes the resulting contributions by year.

(in millions)

Year Annual Cost

2018 5.1

2019 5.4

2020 5.6

2021 5.9

2022 6.1

These estimates are based on headcounts, as summarized below:

Year Open Competitive Promotional

2009 5 180

2010 3 164

2011 1 68

2012 1 52

2013 0 35

2014 2 14

2015 5 73

2016 (partial year) 2 22

For the sake of projection, we assumed that from 2016 to 2020 (the

time period that impacts costs from 2018 to 2022), we would continue to

see cadets enter the plan with past service. We assumed for each year

that 2 cadets would enter as Open Competitive hires and 50 cadets would

enter through Promotional hire channels. Note, the new Cadets are all

S. 5121--A 3

subject to the Tier 6 plan provisions, with no opportunity for Tier

reassignment.

We also assumed that Promotional hires would enter with 1.25 years of

past service on average and Open Competitive hires would have 0.83 years

of service, which is 2/3 of the amount of the Promotional hires. In

addition, we had to make assumptions about the Tier Reinstatement Rates,

as summarized in the table below:

_______________________________________________________________________

Tier Reinstatement

Year Rates Resulting Tier

_______________________________________________________________________

2009 100% All Tier Reinstate to Tier 2

2010 100% All Tier Reinstate to Tier 2

2011 50% 50% Tier Reinstate to Tier 2

(7/1/2009 change date)

2012 100% All Tier Reinstate to Tier 3

2013 100% All Tier Reinstate to Tier 3

2014 25% 25% Tier Reinstate to Tier 3

(4/1/2012 change date)

2015 0% Tier 6

2016 0% Tier 6

All other assumptions are consistent with our current understanding of

the actuarial assumptions employed by the New York City Office of the

Actuary to illustrate expected contribution impact.

The undersigned is familiar with the immediate and long-term aspects

of pension calculations and meets the Qualification Standards of the

American Academy of Actuaries necessary to render the actuarial opinions

contained herein.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the administrative code of the city of New York, in relation to allowing certain members of the New York city police pension fund to receive service credit for their service in the New York city police department cadet program

Purpose or general idea of bill

To amendment to the New York City Administrative Code to allow certain police officers to receive Police Pension Fund service credit for their service in the New York City Police Department Cadet Program, and to allow them to tier-reinstate based on such credits, when applicable.

Summary of specific provisions

Section one of this bill amends section 13-218 of the Administrative Code of the City of New York by adding a new subdivision (j) to provide any person who is covered by Article 14 of the Retirement and Social Security Law and served in the New York City Police Department Cadet Program with the election to purchase service credit for the time spent in the Cadet Program (the "Cadet Corps."). Any purchased service shall be used to determine eligibility for and the amount of benefits under the police pension fund.

Section two of this bill provides that this act shall take effect imme- diately.

Justification

As the result of then Governor David Paterson's veto of the so-called "Tier 2 extender," more than 11,000 New York City police officers hired after July 1, 2009 have been placed in the Tier 3 or Tier 3R pension plans. Newly-hired police officers who served as cadets prior to that date should have been able to transfer or buyback their cadet service time in order join the Police Pension Fund ("PPF") as Tier 2 members.

Unfortunately, because they were denied membership in the pension system until the time they became police officers, they were forced to join the PPF as members of Tier 3 (or 3R). The first part of this bill seeks to allow this group of police officers to tier reinstate, i.e., to become members of the pension system as of the date they first served as cadets, a policy that is in place today.

Even after Police Cadets were permitted to join NYCERS (which was some time in 2012), they were wrongfully advised that their time as a cadet in NYCERS, would effectively not count in the PPF, discouraging cadets from joining NYCERS. According to the City, credits earned while a police officer was a member of NYCERS are not counted as "good time" toward eligibility for a police service retirement, making credits accu- mulated in NYCERS virtually meaningless because Tier 3 does not place a value on time beyond the time required to receive a police service retirement. The second and third part of the bill seek to allow police officers to buy back prior cadet time and to have that time count as "good time."

This bill would correct the past inequities caused by the wrongful deci- sion to exclude Police Cadets from the NYCERS pension system, make whole those who relied on the incorrect legal conclusions rendered by the City and its Law Department and clarify this area for all future Police Cadets.

Prior legislative history

2017: S.5121 - Committed to Rules

Fiscal implications

See the bill.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.