Skip to content
S6446Senate2017-2018 SessionSame asA8021

Lower NYC Worker Pension Contributions

Official title

“Relates to member contributions to the New York city employees' retirement system”

Sponsor Diane J. SavinoSD-23Affects Finance
Status
Stricken
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

What's happening

This bill reduces the pension contribution rate for certain New York City Transit Authority employees in Tier 6 to a flat 2%.

Why it matters

  1. Directly increases take-home pay for affected NYC Transit Authority employees. by reducing their pension contributions from a variable 3–6% (based on salary) to a flat 2%, effectively putting more money in their pockets, especially for those at higher salary levels.

  2. Shifts a significant portion of pension funding responsibility from employees to the city. , resulting in $28.1 million more in annual employer contributions and a $228.3 million increase in the city's long-term pension cost obligations, which could impact city budgets and taxpayers.

  3. Alters pension equity among public employees. , as this carve-out creates a more favorable contribution rate for a specific group (NYCTA Tier 6 25/55 plan members), potentially raising questions about fairness and setting a precedent for further targeted pension rule changes.

  4. Reduces the financial buffer of employee contributions in the pension system. , which may make the system more reliant on employer and investment returns, increasing overall fiscal risk if economic or budget conditions worsen.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Lower NYC Worker Pension Contributions

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

Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. 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.

A8021Assembly

Lower Transit Worker Contributions

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

6446

2017-2018 Regular Sessions

IN SENATE

May 22, 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 member contributions to the New York city employees' retirement system

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

Section 1. Paragraph 2 of subdivision a of section 613 of the retirement and social security law, as amended by chapter 510 of the laws of 2015, is amended to read as follows:

2. A member of the New York city employees' retirement system who is eligible to be a participant in the twenty-five-year and age fifty-five retirement program, as defined by paragraph five of subdivision a of section six hundred four-b of this article shall contribute two percent of annual wages to such system effective on the starting date of the elimination of additional member contributions, as defined in an election made pursuant to paragraph ten of subdivision e of section six hundred four-b of this article, except [that] beginning April first, two thousand thirteen and ending on the December thirty-first next succeeding the effective date of the chapter of the laws of two thousand seventeen that amended this paragraph for members who first become members of the New York city employees' retirement system on or after April first, two thousand twelve, the rate at which each such member shall contribute in any current plan year (April first to March thirty-first, provided, however, that plan year shall mean January first through December thirty-first commencing with the January first next succeeding the effective date of [the] chapter five hundred ten of the laws of two thousand fifteen that amended this paragraph) shall be determined by reference to the wages of such member in the second plan year (April first to March thirty-first, provided, however, that plan year shall mean January first through December thirty-first commencing with the January first next succeeding the effective date of [the] chapter five hundred ten of the

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

[ ] is old law to be omitted.

LBD06931-04-7

S. 6446 2

laws of two thousand fifteen that amended this paragraph) preceding such current plan year as follows:

(i) members with wages of forty-five thousand dollars per annum or less shall contribute three per centum of annual wages;

(ii) members with wages greater than forty-five thousand per annum, but not more than fifty-five thousand per annum shall contribute three and one-half per centum of annual wages;

(iii) members with wages greater than fifty-five thousand per annum, but not more than seventy-five thousand per annum shall contribute four and one-half per centum of annual wages;

(iv) members with wages greater than seventy-five thousand per annum but not more than one hundred thousand per annum shall contribute five and three-quarters per centum of annual wages; and

(v) members with wages greater than one hundred thousand per annum shall contribute six per centum of annual wages.

Notwithstanding the foregoing, during each of the first three plan years (April first to March thirty-first, provided, however, that plan year shall mean January first through December thirty-first commencing with the January first next succeeding the effective date of [the] chapter five hundred ten of the laws of two thousand fifteen that amended this paragraph) in which such member has established membership in the New York city employees' retirement system, such member shall contribute a percentage of annual wages in accordance with the preceding schedule based upon a projection of annual wages provided by the employer.

§ 2. This act shall take effect immediately.

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

PROVISIONS OF PROPOSED LEGISLATION: This proposed legislation would

amend paragraph 2 of subdivision a of Section 613 of the Retirement and

Social Security Law (RSSL) to modify the member contribution rate on a

prospective basis for Tier 6 Transit Authority members who participate

in the Transit 25-Year/Age 55 Retirement Plan from the current graded

schedule of 3% to 6% based on the members' wages to a flat 2% of wages.

The Effective Date of the proposed legislation would be the date of

enactment.

FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: Based on the actuarial

assumptions and methods herein, the enactment of this proposed legis-

lation would decrease the Actuarial Present Value of Benefits (APVB) for

NYCERS by approximately $13.5 million (as a result of a reduction in the

amount of refunds of member contributions upon termination of employ-

ment) and decrease the Actuarial Present Value of member contributions

by approximately $255.4 million as of June 30, 2016.

Under the Entry Age Actuarial Cost Method (EAACM) used to determine

employer contributions to NYCERS, there would be an increase in the

Actuarial Present Value of Future Employer Normal Cost of $228.3 million

and an increase in the Unfunded Actuarial Accrued Liability (UAAL) of

approximately $13.6 million.

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 over the remaining working life-

time of those impacted by the benefit changes, which has been estimated

to be approximately 17.9 years. Recognizing that this period will

decrease over time as the group of Tier VI Members matures, the Actuary

would likely choose to amortize the new UAAL attributable to this

proposed legislation over a 15-year period.

S. 6446 3

With respect to NYCERS, based on the Actuary's actuarial assumptions

and methods used in the Preliminary June 30, 2016 valuations of the

NYCERS and those described later in this Fiscal Note, the enactment of

this proposed legislation would increase annual employer contributions

by approximately $28.1 million per year.

This increase in employer contributions has been estimated assuming

that the increase in UAAL would be financed over a 15-year period (14

payments under One-Year Lag Methodology) using level dollar payments.

If enacted into law during the 2017 Legislative Session, increased

employer costs would be determined for Fiscal Year 2018.

CENSUS DATA: Estimates of increases in APVB, employer costs and

employer contributions are based on the active census data used for the

Preliminary June 30, 2016 actuarial valuations of NYCERS, including

7,684 Tier 6 25/55 NYCTA members with salaries of approximately $507.2

million.

ACTUARIAL ASSUMPTIONS AND METHODS: Additional APVB, UAAL and employer

costs presented herein have been calculated based on the Actuary's actu-

arial assumptions and methods in effect for the Preliminary June 30,

2016 (Lag) actuarial valuations used to determine the Preliminary Fiscal

Year 2018 employer contributions 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

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 2017-16 Dated May 12,

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 to amend the retirement and social security law, in relation to member contributions to the New York city employees' retirement system

Summary of provisions

This bill amends Retirement and Social Security Law ("RSSL") §§ 504-a(e)(8)(i); 504- b(e)(12)(i); 504-d(e)(9)(i); 517(d); 604-a(e)(8)(i); 604-b(e)(8)(i); 604-c(d)(7)(i) (as added by Chapter 96 of the Laws of 1995); 604-c(e)(8)(i) (as added by Chapter 472 of the Laws of 1995); 604-d(f)(6)(i); 604-e(e)(10)(i)(as added by Chapter 576 of the Laws of 2000);604-e(e) (as added by Chapter 577 of the Laws of 2000); 504-f(e)(10)(i) (as added by Chapter 559 of the Laws of 2001); 604-f(e)(10)(i)) (as added by Chapter 582 of the Laws of 2001); 604-g(e)and 604-h(e)(10)(i); (the "Special Plans") and adds subdivision (h) to RSSL § 613 to allow New York City Employees' Retirement System ("NYCERS") members who are subject to the Special Plans in Articles 14 and 15 of the RSSL and required to pay additional member contributions, to, upon the separation from New York City service as a result of retirement, use a surplus of additional member contributions paid into the retirement system to offset a deficit in the member's basic member contributions account, and vice versa.

Reasons for support

The proposed legislation expands the definition of additional member contributions and basic member contributions by allowing a participant of one of the Special Plans ("Special Plan participant") to, upon retirement, use a surplus in his or her additional member contributions account to offset a deficit in his or her basic member contributions account, and, likewise, to use a surplus in his or her basic member contributions account to offset a deficit in his or her additional member contributions account.

Read the full memo (730 words)

Currently, under the Special Plans additional member contributions and basic member contributions must only be used to satisfy the requirements of the type of contributions that it was originally collected for. The law specifically states that the contributions cannot be used for any other purpose. Further, where a Special Plan requires that all additional member contributions be paid prior to retirement and the Special Plan participant has a deficit, the participant will either not be eligible for a retirement benefit under the Plan or the participant must retire with an actuarial reduction. Consequently, if a Special Plan participant has a deficit at retirement in a Plan that does not allow for an actuarial reduction, he or she must first pay the retirement system the balance of a deficit in additional member contributions before the participant may retire. Due to the limitation in the law regarding the use of additional member contributions and basic contributions, the retirement system cannot use one type of contribution to remedy a deficit of the other type of contribution. Rather, the retirement system and Special Plan participant must undergo a series of costly and timely administrative steps that require the retirement system to process the surplus and the deficit separately. The retirement system must process a check to refund money from a surplus in one account, only to make the participant pay back the deficit in another account before the member may retire under his or her respective Special Plan.

The proposed legislation cures these administrative ailments. Indeed, this bill eliminates the need for all of the separate processing steps by expanding the definition and use of additional member contributions and basic member contributions for the sole purpose of remedying a deficit upon retirement. This bill does not change the use of additional member contributions and basic member contributions for any other purpose. Instead, it eliminates the need for the retirement system to request payment from the participant before he or she may retire, thus expediting the retirement process and reducing the risk of a Special Plan participant being ineligible for a retirement benefit or receiving a reduced retirement benefit under his or her respective Special Plan. By allowing the retirement system to, solely upon the member's retirement, use a surplus of additional member contributions to remedy a deficit in the member's basic member contributions, and vice versa, this legislation aides in the administrative efficiency of the retirement system and eliminates some burdens on Special Plan participant.

Accordingly, the NYCERS Board of Trustees urges the favorable consideration of this proposal by the Legislature.

Effective date of the bill

This act shall take effect immediately. Budgetary Implications of the Bill

FISCAL NOTE

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