What's happening
This bill allows Hal Greenberg to retroactively join the NYCERS 55/25 retirement plan for tier 4 members.
Why it matters
Sets a precedent for individualized pension adjustments. By allowing a single person (Hal Greenberg) to retroactively join a more favorable retirement plan, the bill could open the door for similar requests from others who missed enrollment windows, potentially impacting how exceptions are granted in public pension systems.
Direct fiscal impact on New York City taxpayers. The bill shifts all costs resulting from this retroactive membership (approximately $142,000 in increased employer contributions, plus annual increases of about $41,000 for six years) to the City of New York, rather than requiring the individual to fully cover missed contributions.
Highlights administrative and fairness concerns in pension management. The proposal acknowledges that Mr. Greenberg will not be required to pay the full amount of contributions he would have owed, raising questions about equity for other employees who followed standard procedures or who made full contributions.
Impacts pension plan funding and liability calculations. The actuarial analysis underscores that one-off benefit changes, especially if not fully funded by the member, increase the city’s unfunded pension liabilities and could affect the long-term financial health of the retirement system.
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Grant Pension Plan to Employee
Plain English, a few words. Used as the page title.
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History
- Referred to civil service and pensions
- Print number 6372a
- Amend and recommit to civil service and pensions
- 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.
Retroactive Pension for Greenberg
In Assembly Committee · Governmental Employees · Sponsor Nily Rozic
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6372--A
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. AVELLA -- 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
AN ACT granting retroactive membership in the 55/25 plan for tier 4 members in the New York city employees' retirement system to Hal Greenberg
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other law to the contrary, Hal Greenberg, who was employed by the New York city department of employment on June 28, 1995, and who is currently employed by the triborough bridge and tunnel authority and a tier 6 member of the New York city employees' retirement system, who through no fault of his own did not become a member of the New York city employees' retirement system's 55/25 plan for tier 4 members on June 28, 1995 when the New York city employee's retirement system offered a 90 day enrollment window into the 55/25 plan for tier 4 members shall be deemed to have been a member of the New York city employees' retirement system's 55/25 plan for tier 4 members on such date he could have enrolled and shall be granted membership into the 55/25 plan for tier 4 members, provided that an application is filed with the head of the New York city employees' retirement system within one year from the effective date of this act.
§ 2. All costs attributable to this act shall be borne by the city of New York.
§ 3. This act shall take effect immediately.
Fiscal Note. -- Pursuant to Legislative Law, Section 50:
PROVISIONS OF PROPOSED LEGISLATION: The proposed legislation would
authorize the New York City Employees' Retirement System (NYCERS) to
accept an application from Hal Greenberg within one year from the date
on which this proposed legislation is enacted to be granted membership
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06809-02-7
S. 6372--A 2
in the 55/25 Retirement Plan for Tier 4 Members (NYCERS 55/25 Plan) as
if he has elected to join that plan when it was originally offered to
him on June 28, 1995.
BACKGROUND: Mr. Greenberg initially joined the NYCERS 62/5 Retirement
Plan for Tier 4 members (NYCERS Tier 4 62/5 Plan) in 1989. In 2010 he
transferred his membership to the New York State and Local Retirement
System (NYSLRS). Later, in April 2013, he returned to City employment
and joined TBTA 20-Year/Age 50 Retirement Plan for Tier 6 Members (TBTA
50/20 Plan).
For purposes of this Fiscal Note we have assumed that Mr. Greenberg
will transfer his State membership back to NYCERS, giving him approxi-
mately 28 years of service in the NYCERS Tier 4 62/5 Plan (22 years of
NYCERS Tier 4 service, 3 years of NYSLRS and 3 years of NYCERS Tier 6
service) and that he will not make the additional employee contributions
he would have been required to make had he been a member of the NYCERS
55/25 plan.
The Effective Date of the proposed legislation would be the Date of
Enactment.
FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: The estimated financial
impact of this proposal as a June 30, 2016 has been calculated as
follows: (1) the benefits Mr. Greenberg would receive as a Tier 4 member
in the NYCERS 55/25 Plan if this proposed legislation were enacted, less
(2) the benefits Mr. Greenberg would be entitled to receive as a member
in the NYCERS Tier 4 62/5 Plan assuming he transfers his NYSLRS member-
ship to NYCERS.
As a Tier 4 member in the NYCERS 55/25 Plan Mr. Greenberg would have
been required to make additional member contributions of approximately
$49,000. Since he has made contributions of approximately $26,000 as a
NYCERS Tier 6 member in the TBTA 50/20 Plan, he would owe an additional
$23,000 to meet the required contribution amount as of June 30, 2016.
Based on the actuarial assumptions and methods described herein, and
assuming that Mr. Greenberg does not pay the additional member contrib-
utions of $23,000, the enactment of this proposed legislation would
increase the Actuarial Present Value (APV) of future employer contrib-
utions by approximately $142,000 as of June 30, 2016.
FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: In accordance with
Section 13.638.2(k-2) of the Administrative Code of the City of New York
(ACNY), new UAAL attributable to benefit changes are to be amortized as
determined by the Actuary but generally as a level dollar amount over
the remaining working lifetime of those impacted by the benefit changes.
Based on the Actuary's actuarial assumptions and methods in effect on
June 30, 2016 and amortizing the increase in the UAAL over Mr.
Greenberg's expected remaining working lifetime of 6 years (5 payments
under the one year lag methodology) results in an increase in employer
contributions of approximately $41,000 per year.
OTHER COSTS: Not measured in this Fiscal Note is the impact on admin-
istrative costs or Other Postemployment Benefit (OPEB) costs.
ACTUARIAL ASSUMPTIONS AND METHODS: All results presented herein have
been calculated based on the Actuary's actuarial assumptions and methods
in effect for the Preliminary June 30, 2016 (Lag) actuarial valuation
used to determine the Preliminary Fiscal Year 2018 employer contrib-
utions of NYCERS.
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
S. 6372--A 3
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 2017-27 dated June 5,
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act granting retroactive membership in the 55/25 plan for tier 4 members in the New York city employees' retirement system to Hal Greenberg
Purpose or general idea of bill
Authorizes Hal Greenberg to apply for and receive retroactive membership in the New York State Employees' Retirement System by allowing him to buy back approximately two years of time during a period that he was not in the system.
Summary of specific provisions
Section 1 states that Mr. Greenberg was employed by the New York city Department of Employment on June 28, 1995 but, through no fault of his own, did not become a member of the NYCERS 55/25 plan for Tier 4 members on June 28, 1995, when NYC employees offered a 90-day enrollment window.
Section 2 states that all remaining past service costs shall be borne by the City of New York.
Section 3 states that the act is effective immediately.
Justification
Hal, who was employed by the New York City Department of Employment on June 29, 1995, and who is currently employed by the Triborough Bridge and Tunnel Authority and a tier 6 member of the New York City Employees' Retirement System and who, through no fault of his own and for reasons not ascribable to his own negligence, and despite being a member of the system, did not become a member of New York City's Employees' Retirement System's 55/25 plan for tier 4 members, should be deemed to have been an active member of such a retirement system from the date of June 28, 1995, and should be allowed to buy back that period of time. It should be noted that all costs attributable to this act shall be borne by the city of New York.
Prior legislative history
New bill
Fiscal implications
Fiscal Note contained in bill text,
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.