STATE OF NEW YORK ________________________________________________________________________ 8003 2019-2020 Regular Sessions IN ASSEMBLY May 30, 2019 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the retirement and social security law, in relation to mandatory retirement age The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (f) of paragraph 1 and the opening paragraph 2 of subparagraph (g) of paragraph 2 of subdivision e and subdivisions h 3 and k of section 384 of the retirement and social security law, as 4 amended by chapter 1043 of the laws of 1968, are amended to read as 5 follows: 6 (f) Upon completion of twenty-five years service, an additional 7 pension, if required, of such amount as shall be necessary to increase 8 the total amount of the benefits provided herein to one-half of his 9 final average salary. The pension provided by this [~~sub-paragraph~~] 10 subparagraph shall be payable only if a member retires from service on 11 or before the last day of the calendar month next succeeding the calen- 12 dar month in which he attains age [~~sixty-two~~] sixty-five. Provided, 13 however, that in the case of any member who attained the age of [~~sixty-~~ 14 ~~two~~] sixty-five on or before July first, nineteen hundred sixty-six, to 15 be eligible for additional pension credit under this [~~sub-paragraph~~] 16 subparagraph, his service shall be terminated and he shall retire on or 17 before December thirty-first, nineteen hundred sixty-seven. For the 18 purpose only of determining the amount of the pension provided in this 19 paragraph, the annuity shall be computed as it would be if it were not 20 reduced by the actuarial equivalent of any outstanding loan, and if it 21 were not increased by the actuarial equivalent of any additional 22 contributions, and if it were not reduced by reason of the member's 23 election to decrease his annuity contributions to the retirement system 24 in order to apply the amount of such reduction in payment of his 25 contributions for old-age and survivors insurance coverage. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11684-02-9

A. 8003 2 1 Upon completion of twenty-five years service, an additional pension, 2 if required, of such amount as shall be necessary to increase the total 3 amount of the benefits provided herein to one-half of his final average 4 salary. The pension provided by this [~~sub-paragraph~~] subparagraph shall 5 be payable only if a member retires from service on or before the last 6 day of the calendar month next succeeding the calendar month in which he 7 attains age [~~sixty-two~~] sixty-five. Provided, however, that in the case 8 of any member who attained the age of [~~sixty-two~~] sixty-five before or 9 within one month after his employer first elected to assume all or part 10 of the additional cost of service as provided by paragraph two of subdi- 11 vision d of this section, to be eligible for additional pension credit 12 under this [~~sub-paragraph~~] subparagraph, his service shall be terminated 13 and he shall retire within three months after his employer so elects or 14 on or before December thirty-first, nineteen hundred sixty-eight, which- 15 ever shall last occur. 16 h. Any officer or member of such organized fire department or organ- 17 ized police force or department, may, within one year after he becomes 18 such officer or member or within one year after his employer assumes the 19 additional cost therefor, whichever shall last occur, elect to receive 20 the additional benefits provided for by subdivision f [~~hereof~~] of this 21 section. Any officer or member who elects to receive such benefits shall 22 be separated from service on the first day of the calendar month next 23 succeeding his attainment of age [~~sixty-two~~] sixty-five and the 24 completion of twenty-five years of service, provided, however, that in 25 the case of any officer or member who attained the age of [~~sixty-two~~] 26 sixty-five before his employer assumed the additional cost therefor, or 27 who attains the age of [~~sixty-two~~] sixty-five within one month after his 28 employer assumes the additional cost therefor, to be eligible for addi- 29 tional pension credit under subdivision f of this section, his service 30 shall be terminated and he shall be retired within three months after 31 his employer assumes the additional cost therefor or on or before Decem- 32 ber thirty-first, nineteen hundred sixty-eight, whichever shall last 33 occur, and provided further that a member who is a chief or commanding 34 officer of a police department or police force shall retire on the first 35 day of the calendar month next succeeding his attainment of age sixty- 36 five; a member who is a chief or commanding officer of a police depart- 37 ment or police force, who attained age sixty-five before his employer 38 elected to provide this added benefit and has rendered twenty-five years 39 of total creditable service, shall retire on or before December thirty- 40 first, nineteen hundred sixty-eight, or within one year after his 41 employer assumes the additional cost therefor, whichever shall last 42 occur. 43 k. Any officer or member of such organized fire department or organ- 44 ized police force or department, may, within one year after he becomes 45 such officer or member or within one year after his employer assumes the 46 additional cost therefor, whichever shall last occur, elect to receive 47 the additional benefits provided for by subdivision i [~~hereof~~] of this 48 section. Any officer or member who elects to receive such benefits shall 49 be separated from service on the first day of the calendar month next 50 succeeding his attainment of age [~~sixty-two~~] sixty-five and the 51 completion of twenty-five years of service, provided, however, that in 52 the case of any officer or member who attained the age of [~~sixty-two~~] 53 sixty-five before his employer assumed the additional cost therefor, or 54 who attains the age of [~~sixty-two~~] sixty-five within one month after his 55 employer assumes the additional cost therefor, to be eligible for addi- 56 tional pension credit under subdivision i of this section, his service

A. 8003 3 1 shall be terminated and he shall be retired within three months after 2 his employer assumes the additional cost therefor, or on or before 3 December thirty-first, nineteen hundred sixty-eight, whichever shall 4 last occur, and provided further that a member who is a chief or 5 commanding officer of a police department or police force shall retire 6 on the first day of the calendar month next succeeding his attainment of 7 age sixty-five; a member who is a chief or commanding officer of a 8 police department or police force, who attained age sixty-five before 9 his employer elected to provide this added benefit and has rendered 10 twenty-five years of total creditable service, shall retire on or before 11 December thirty-first, nineteen hundred sixty-eight, or within one year 12 after his employer assumes the additional cost therefor, whichever shall 13 last occur. 14 § 2. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill will increase the mandatory retirement age from 62 to 65 for members of the New York State and Local Police and Fire Retirement System (PFRS) who are covered under the provisions of Section 384 of the Retirement and Social Security Law. If this bill is enacted, there would be additional benefits for certain members who remain employed beyond age 62. However, if some members delay retirement due to the enactment of this bill, we would not anticipate that there would be an increase in the annual contributions of the participating employers in the PFRS. 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, 2018 actuarial valu- ation. Distributions and other statistics can be found in the 2018 Report of the Actuary and the 2018 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2015, 2016, 2017 and 2018 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, 2018 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. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated May 16, 2019, and intended for use only during the 2019 Legislative Session, is Fiscal Note No. 2019-118, prepared by the Actuary for the New York State and Local Retirement System.

Relates to mandatory retirement age

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