What's happening
This bill retroactively grants Margaret Russo Tier 1 membership in the NYC Teachers' Retirement System, increasing her pension benefits.
Why it matters
Sets a precedent for individualized pension adjustments. By granting special retroactive Tier 1 status to one person, the bill could open the door for similar requests from others who missed out on more generous pension terms due to administrative issues or lack of information at the time of employment.
Significantly increases public pension costs for this case. The shift from Tier 4 to Tier 1 raises the actuarial liability by about $161,000 and increases annual employer contributions by nearly $98,000 for three years, highlighting the substantial financial impact of changing retirement tier classifications even for a single individual.
Highlights the value of early and accurate pension enrollment. The legislation implicitly acknowledges that errors or omissions in retirement system enrollment can have major long-term consequences, and that correcting them later may require legislative intervention and create unexpected fiscal obligations for pension systems.
Reflects equity concerns in public employment systems. The bill is rooted in the principle that employees should not be penalized for missing out on benefits through no fault of their own, emphasizing fairness but also raising questions about consistency and the administrative burden of such case-by-case remedies.
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Who cares
Headline styles
Grant Retirement Credit to Russo
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Vetoed memo.322
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.486
- Substituted for A10388
- Referred to governmental employees
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.748
Show 1 earlier action
- 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.
Restore Teacher Retirement Benefits
Assembly Floor Calendar · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8070
IN SENATE
March 26, 2018
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT granting retroactive membership in the teachers' retirement system to Margaret Russo
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, Margaret Russo, who was employed as a part-time employee with the Brooklyn public library with a start date of January 1, 1970 until May 1971, and who is currently a member of the teachers' retirement system of the city of New York, who through no fault of her own did not become a member of the teachers' retirement system of the city of New York on January 1, 1970 when first employed by the Brooklyn public library shall be deemed to have been a member of the teachers' retirement system of the city of New York on such date.
§ 2. No contributions made to the teachers' retirement system of the city of New York by Margaret Russo shall be returned or refunded to her pursuant to this act.
§ 3. This act shall take effect immediately.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: The proposed legislation would deem Margaret Russo,
an active Tier 4 member of the New York City Teachers' Retirement System
(TRS), to be a Tier 1 member with a Membership Date of January 1, 1970.
Effective Date: Upon enactment.
BACKGROUND - GENERAL: Ms. Russo is currently a Tier 4 TRS member with
a Membership Date of October 1, 1995.
If the proposed legislation is passed, Ms. Russo would be reclassified
as a Tier 1 member as if she had joined a public retirement system with-
in the state upon her commencement of employment with the Brooklyn
Public Library on January 1, 1970.
FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: The estimated financial
impact of this proposal has been calculated based on the difference
between the actuarial present value of (1) the Tier 1 benefits Ms. Russo
would be expected to receive if this proposed legislation were enacted
(including two years of additional service credit under Chapter 126 of
the Laws of 2000) and (2) the Tier 4 benefits that Ms. Russo is current-
ly expected to receive.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09917-04-8
S. 8070 2
Because Tier 1 TRS members are generally permitted to take an actuari-
al reduction of their retirement allowance to account for deficits in
member contributions, for purposes of this fiscal note it is assumed
that Ms. Russo would not pay any owed member contributions resulting
from the reclassification. Based on the actuarial assumptions and meth-
ods described herein, as well as the application of Tier 1 benefit
calculation provisions, it is estimated that Ms. Russo's Actuarial Pres-
ent Value of Benefits (APVB) and Actuarial Accrued Liability (AAL) would
increase by approximately $178,000 and $161,000, respectively, as of
June 30, 2017.
FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: In accordance with
the Administrative Code of the City of New York (ACCNY) Section
13-638.2(k-2), new Unfunded Accrued Liability (UAL) attributable to
benefit changes are to be amortized as determined by the Actuary but
generally over the remaining working lifetime of those impacted by the
benefit changes.
For this proposed legislation, the increase in the UAL was amortized
over Ms. Russo's expected remaining working lifetime of three years (two
payments under the One-Year Lag Methodology), which results in an
increase in employer contributions of approximately $98,000 per year.
CONTRIBUTION TIMING: If enacted during the 2018 Legislative Session,
the Tier shift of Ms. Russo would likely first be reflected in the June
30, 2018 census data. In accordance with the One-Year Lag Methodology
used to determine employer contributions, the increase in employer
contributions would first be reflected in Fiscal Year 2020.
OTHER COSTS: Not measured in this Fiscal Note are any administrative
costs associated with implementing this proposed legislation.
CENSUS DATA: Census data used for the calculations presented herein is
the census data collected for the June 30, 2017 (Lag) valuation of TRS.
As of June 30, 2017 Ms. Russo had 24 years of service, was approximately
age 66, and had a salary of approximately $145,000.
ACTUARIAL ASSUMPTIONS AND METHODS: The additional APVB, UAL, and
employer contributions presented herein have been calculated based on
the same actuarial assumptions and methods in effect for the June 30,
2016 (Lag) actuarial valuations used to determine the Preliminary Fiscal
Year 2018 employer contributions of TRS except that the actuarial method
includes a change in the application of the Entry Age Normal cost meth-
od. Please note these assumptions and methods are subject to change as
this valuation is not considered final until the end of the Fiscal Year
2018.
STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
ary for, and independent of, the New York City Retirement Systems and
Pensions Funds. I am a Fellow of the Society of Actuaries, an Enrolled
Actuary under the Employee Retirement Income and Security Act of 1974
(ERISA), a Member of the American Academy of Actuaries, and a Fellow of
the Conference of Consulting Actuaries. I meet the Qualification Stand-
ards of the American Academy of Actuaries to render the actuarial opin-
ion contained herein. To the best of my knowledge, the results contained
herein have been prepared in accordance with generally accepted actuari-
al principles and procedures and with the Actuarial Standards of Prac-
tice issued by the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2018-08 dated March 23,
2018, was prepared by the Chief Actuary for the New York City Teachers'
Retirement System. This estimate is intended for use only during the
2018 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 teach- ers' retirement system to Margaret Russo
Purpose or general idea of bill
This bill ensures Margaret Russo's time as an employee at Brooklyn public library counts towards her Teachers' Retirement System of New York City.
Summary of provisions
Section one of this bill declares notwithstanding any other law to the contrary, Margaret Russo shall be deemed a member of the Teachers' Retirement System of New York City since January 1, 1970.
Section two of this bill declares no contributions made to the Teachers' Retirement System of New York City by Margaret Russo shall be returned or refunded to her pursuant to this act.
Section three of this bill provides that this act shall take effect immediately.
Justification
Although Margaret Russo dedicated over a year of service at the Brooklyn public library, through no fault of her own, was not a member of the Teachers' Retirement System of New York City. This bill aims to right this wrong but making sure all of Margaret's years of service count towards the retirement system.
Prior legislative history
New bill
Fiscal implications
See fiscal note.
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.