A. 7108                             2
  (II) ONE-SIXTIETH OF HIS OR HER FINAL AVERAGE SALARY MULTIPLIED BY THE
NUMBER OF YEARS OF HIS OR HER CREDITED SERVICE; PROVIDED, HOWEVER,  THAT
WHERE  SUCH  MEMBER IS OTHERWISE ELIGIBLE TO RETIRE FOR SERVICE, AND THE
RETIREMENT ALLOWANCE WHICH HE OR  SHE  WOULD  RECEIVE  IN  THE  CASE  OF
SERVICE  RETIREMENT  IS  LARGER  THAN THE RETIREMENT ALLOWANCE HE OR SHE
WOULD OTHERWISE RECEIVE UNDER THIS PARAGRAPH OR PARAGRAPH  (I)  OF  THIS
SUBDIVISION, HIS OR HER DISABILITY RETIREMENT ALLOWANCE PURSUANT TO THIS
SUBDIVISION  SHALL  BE EQUAL TO THE RETIREMENT ALLOWANCE HE OR SHE WOULD
RECEIVE IF HE OR SHE HAD RETIRED FROM SERVICE.
  S 3. Section 507 of the retirement and social security law is  amended
by adding a new subdivision j to read as follows:
  J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL,
SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION
TO  THE CONTRARY, SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL
NOT APPLY TO CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES'  RETIRE-
MENT  SYSTEM WHO ARE SUBJECT TO THIS ARTICLE. A CORRECTION MEMBER OF THE
NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS SUBJECT TO THIS  ARTI-
CLE  SHALL  INSTEAD  BE  ELIGIBLE  FOR  ACCIDENTAL DISABILITY RETIREMENT
PURSUANT TO SECTION 13-168 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK AND ANY ACCIDENTAL DISABILITY  RETIREMENT  BENEFITS  FOUND  IN  THE
GENERAL  MUNICIPAL  LAW  AND  SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH
SHALL BE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY, SUBJECT TO THE
PROVISIONS OF SECTION 13-176 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF
NEW YORK.
  S  4. Section 510 of the retirement and social security law is amended
by adding a new subdivision i to read as follows:
  I. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE OR THE  ADMIN-
ISTRATIVE  CODE  OF THE CITY OF NEW YORK, THE ANNUAL ESCALATION PROVIDED
IN THIS SECTION SHALL NOT APPLY TO THE ORDINARY OR ACCIDENTAL DISABILITY
RETIREMENT BENEFIT OF CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM WHO RETIRE PURSUANT TO SECTION  FIVE  HUNDRED  SIX  OR
FIVE HUNDRED SEVEN OF THIS ARTICLE. THE ORDINARY OR ACCIDENTAL DISABILI-
TY RETIREMENT BENEFIT OF SUCH MEMBERS SHALL BE ADJUSTED FOR COST-OF-LIV-
ING  PURSUANT  TO THE PROVISIONS OF SECTION 13-696 OF THE ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK.
  S 5. Subdivision f of section 511 of the retirement and social securi-
ty law, as amended by chapter 18 of the laws of 2012, is amended to read
as follows:
  f. This section shall not apply to general members  in  the  uniformed
correction  force  of  the  New York city department of correction or to
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of corrections and community supervision and security hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section  eighty-nine  of  this  chapter,  provided,  however,  that  the
provisions  of  this  section  shall  apply to a New York city uniformed
[corrections/sanitation]  SANITATION  revised  plan  member,  AND   THIS
SECTION  SHALL  ALSO NOT APPLY TO CORRECTION REVISED PLAN MEMBERS OF THE
NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO ARE SUBJECT TO THIS ARTI-
CLE WHO RETIRE ON ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT  PURSUANT
TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE.
  S  6. Section 512 of the retirement and social security law is amended
by adding a new subdivision e to read as follows:
  E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
ANY OTHER GENERAL, SPECIAL OR LOCAL  LAW,  WITH  RESPECT  TO  CORRECTION
MEMBERS  OF  THE  NEW  YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO RETIRE
PURSUANT TO SECTION FIVE HUNDRED SIX AND  FIVE  HUNDRED  SEVEN  OF  THIS
A. 7108                             3
ARTICLE, A MEMBER'S FINAL AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY
SUCH  MEMBER  DURING  THE  ANY THREE CONSECUTIVE YEARS WHICH PROVIDE THE
HIGHEST AVERAGE WAGE, EXCLUSIVE OF ANY FORM OF  TERMINATION  PAY  (WHICH
SHALL  INCLUDE  ANY  COMPENSATION IN ANTICIPATION OF RETIREMENT), OR ANY
LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK LEAVE,  OR  ACCUMULATED
VACATION  CREDIT,  OR  ANY OTHER PAYMENT FOR TIME NOT WORKED (OTHER THAN
COMPENSATION RECEIVED  WHILE  ON  SICK  LEAVE  OR  AUTHORIZED  LEAVE  OF
ABSENCE);  PROVIDED,  HOWEVER,  IF THE SALARY OR WAGES EARNED DURING ANY
YEAR INCLUDED IN THE PERIOD EXCEEDS THAT OF THE AVERAGE OF THE  PREVIOUS
TWO  YEARS  BY MORE THAN TEN PER CENTUM, THE AMOUNT IN EXCESS OF TEN PER
CENTUM SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL  AVERAGE  SALARY.
IN  DETERMINING FINAL AVERAGE SALARY, ANY MONTH OR MONTHS (NOT IN EXCESS
OF THREE) WHICH WOULD OTHERWISE BE INCLUDED IN COMPUTING  FINAL  AVERAGE
SALARY  BUT  DURING  WHICH THE MEMBER WAS ON AUTHORIZED LEAVE OF ABSENCE
WITHOUT PAY SHALL BE EXCLUDED FROM  THE  COMPUTATION  OF  FINAL  AVERAGE
SALARY  AND THE MONTH OR AN EQUAL NUMBER OF MONTHS IMMEDIATELY PRECEDING
SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU THEREOF.
  S 7. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  Background - Design of Proposed Legislation
  In general, the OA believes that proposed legislation should:
  * Be technically accurate,
  * Be clear in its intent,
  * Be administrable, and
  * Meet desired policy objectives.
  While  the  OA  cannot  provide  any legal analysis, the OA has done a
review of the proposed legislation and has some concerns. These concerns
that follow represent the best understanding of the Actuary and staff of
the OA and should not be considered legal interpretations. All of  these
concerns and suggestions should be reviewed by Counsel.
  Concerns with Proposed Legislation with Respect to Ordinary Disability
Retirement ("ODR") and Accidental Disability Retirement ("ADR")
  * Benefits Compared to Tier III: The proposed legislation, if enacted,
would  revise  the  ODR  and ADR benefit formulas for Tier VI Correction
Members.
  It appears that the proposed Tier VI ODR benefit formula  is  intended
to  be  the  same  as  the  ODR benefit available to Tier III Correction
Members after completing 10 years of service (i.e., 1 2/3% of Three-Year
Final Average Salary ("FAS3") multiplied by the years  of  service,  but
not less than one-third of FAS3).
  Similarly,  it  also appears that the proposed ADR benefit formula for
Tier VI Correction Members is intended to be the same as the ADR benefit
available to Tier III Correction Members (i.e., 75% of FAS3 but not less
than 1 2/3% of FAS3 multiplied by years of credited service).
  Correction Tier III ODR and ADR benefits are subject to Cost-of-Living
Adjustments ("COLA") under Chapter 125 of the Laws of 2000 on the  first
$18,000 of benefit after five years of Disability Retirement.
  Given  the  proposed  statutory references, it is the understanding of
the Actuary  that  the  proposed  ODR  and  ADR  benefits  for  Tier  VI
Correction  Members  would  be  entitled  to  the  COLA described in the
preceding paragraph, but would NOT be subject to an annual Tier VI Esca-
lation increase on the full benefit immediately from the date  of  Disa-
bility Retirement.
  * Presumptive Conditions for ADR
A. 7108                             4
  It  is the understanding of the Actuary that the proposed legislation,
if enacted, would provide Tier VI Correction Members the ability  to  be
eligible  for and to utilize the presumptive conditions that qualify for
ADR that are available to Tier III Correction Members.
  The reasoning behind this understanding is that in the proposed legis-
lation,  eligibility  conditions  for Tier VI Correction members for the
ODR would be determined pursuant to the Administrative Code of the  City
of  New York ("ACNY") Section 13-167 (i.e., those that apply to Tier III
Correction Members), notwithstanding anything to the contrary.
  Similarly, in the proposed  legislation,  eligibility  conditions  for
Tier  VI  Correction Members for ADR would be determined pursuant to the
Administrative Code of the City of  New  York  ("ACNY")  Section  13-168
(i.e., those that apply to Tier III Correction Members), notwithstanding
anything to the contrary.
  It  is  the  understanding  of the Actuary that in the proposed legis-
lation, eligibility for ODR and  ADR  would  not  be  pursuant  to  RSSL
Section  507.e.   RSSL Section 507.e provides that a member shall not be
eligible for ODR or ADR unless the member waives  the  benefits  of  any
statutory  presumptions.  Accordingly,  it  is  the understanding of the
Actuary that since under the proposed  legislation  RSSL  Section  507.e
would  no longer apply to Tier VI Correction Members, Tier VI Correction
Members would not be required to waive RSSL Section 507.e in order to be
eligible for ODR or ADR benefits. Consequently, the  statutory  presump-
tions would apply since they have not been waived.
  In  accordance  with  the  above  reasoning,  since  current  Tier  VI
Correction Members are required to waive the  presumptions  pursuant  to
RSSL  Section 507.e, it is the understanding of the Actuary that Tier VI
Correction Members are currently not entitled to presumptive  conditions
for ADR.
  * Consistency Amongst Uniformed Groups
  This  proposed  legislation  would  cover member of Correction but not
members of any other uniformed groups. Given the historical  consistency
in  benefits amongst certain uniformed groups, this proposed legislation
would likely lead to demands for similar legislation for at  least  some
other uniformed groups.
  FISCAL  NOTE. PROVISIONS OF PROPOSED LEGISLATION: This proposed legis-
lation would amend Retirement and Social Security Law ("RSSL")  Sections
506,  507,  510,  511 and 512 and Administrative Code of the City of New
York ("ACNY") Section 13-171 to change, for Tier VI  Correction  members
of  the New York City Employees' Retirement System ("NYCERS") subject to
Article 14 of the RSSL as amended by Chapter 18  of  the  Laws  of  2012
("Tier VI members"), the eligibility for and the calculation of Ordinary
Disability Retirement ("ODR") benefits and Accidental Disability Retire-
ment ("ADR") benefits.
  The  Effective  Date of the proposed legislation would be the 60th day
after the date of enactment.
  IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for
ODR benefits for Tier VI Correction Members are based on:
  * Completing five or more years of service, and
  * Becoming eligible for Primary Social Security Disability  retirement
benefits.
  Such current Tier VI ODR benefits are equal to the greater of:
  * 33 1/3% of Five-Year Final Average Salary ("FAS5"), or
  * 2% of FAS5 multiplied by years of credited service (not in excess of
22 years),
A. 7108                             5
  *  Reduced  by  50% of the Primary Social Security Disability benefits
(determined under RSSL Section 511), and
  * Reduced by 100% of Workers' Compensation benefits (if any).
  Under  the  proposed  legislation the eligibility requirements for ODR
benefits for Tier VI Correction Members would be revised to be the  same
as  those provided in ACNY Section 13-167 (i.e., the provisions applica-
ble to Tier III Correction members) and would be based on completing ten
or more years of service.
  Such Tier III ODR benefits are equal to the greater of:
  * 33 1/3% of Three-Year Final Average Salary ("FAS3"), or
  * 1 2/3% of FAS3 multiplied by years of credited service.
  In addition, the proposed legislation would NOT apply  the  Escalation
available  under RSSL Section 510 to ODR benefits for Tier VI Correction
Members. However, such ODR benefits would still be eligible for Cost-of-
Living Adjustments ("COLA") under Chapter 125 of the laws of 2000.
  Note: As a  result  of  Constitutional  Protection  under  Article  V,
Section 7 of the New York State Constitution, it is the understanding of
the  Actuary  that all Tier VI Sanitation members who are NYCERS members
prior to the effective date of this proposed legislation would  continue
to be eligible for the current Tier VI ODR provisions, and this has been
assumed  for  purposes  of  determining  obligations under this proposed
legislation.
  IMPACT ON ADR BENEFITS PAYABLE: The current eligibility provision  for
ADR benefits for Tier VI Correction Members is based on:
  *  Being  physically or mentally incapacitated as a result of an acci-
dent sustained in the line of duty as determined by  the  administrative
authority assigned by NYCERS.
  Such ADR benefits are equal to:
  * 50% multiplied by FAS5,
  *  Less  50%  of Primary Social Security disability benefit or Primary
Social Security benefits, whichever begins first (determined under  RSSL
Section 511),
  * Less 100% of Workers' Compensation benefits (if any).
  Under  the  proposed  legislation the eligibility requirements for ADR
benefits for Tier VI Correction Members would be revised to be the  same
as  those provided in ACNY Section 13-168 (i.e., the provisions applica-
ble to Tier III Correction Members).
  In addition, it is the understanding of the Actuary that the  proposed
legislation,  if  enacted, would provide that Tier VI Correction Members
could be eligible for and  utilize  the  statutory  presumptions  (e.g.,
certain heart diseases) that qualify certain Tier III Correction Members
for ADR and Accidental Death Benefits.
  As  a  consequence  of RSSL Section 507.e, a Tier VI Correction Member
would not be eligible for ADR unless the member waived the  benefits  of
any statutory presumptions (e.g., certain heart diseases).
  Under  the  proposed legislation, if enacted, the ADR benefit for Tier
VI Correction Members would be revised to equal a  retirement  allowance
equal to:
  * 75% multiplied by FAS3,
  * Less 100% of Workers' Compensation benefits (if any).
  In  addition,  the proposed legislation would not apply the Escalation
available under RSSL Section 510 to ADR benefits for Tier VI  Correction
Members.  However,  such  ADR  benefits would still be eligible for COLA
under Chapter 125 of the Laws of 2000.
  FINANCIAL IMPACT - CHANGES IN BENEFITS  -  ACTUARIAL  PRESENT  VALUES:
Based on the census data and the actuarial assumptions and methods noted
A. 7108                             6
herein,  if  the Effective Date is on or before June 30, 2015, then this
would change the Actuarial Present Value ("APV") of  benefits  ("APVB"),
APV  of  member  contributions, the Unfunded Actuarial Accrued Liability
("UAAL")  and  APV  of future employer contributions as of June 30, 2013
for Tier VI Correction Members.
  FINANCIAL IMPACT  -  CHANGES  IN  PROJECTED  APV  OF  FUTURE  EMPLOYER
CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For purposes of this
Fiscal  Note,  it  is  assumed  that  the changes in APVB, APV of member
contributions, UAAL and APV of future employer  contributions  would  be
reflected for the first time in the June 30, 2013 actuarial valuation of
NYCERS.
  Under  the  One-Year  Lag  Methodology  ("OYLM"),  the first year that
changes in benefits for Tier VI Correction Members could impact employer
contributions to NYCERS would be Fiscal Year 2015.
  In accordance with ACNY Section 13.638.2(k-2), new  UAAL  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. As of June 30, 2013, the remaining working lifetime of
the Tier VI Correction Members is approximately  20  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  to  20-year
period (between 14 and 19 payments under the OYLM Methodology). However,
since  virtually  all  of  the  Tier VI Correction members that would be
impacted by the benefit changes are new  entrants,  the  resulting  UAAL
would  be  de minimis and therefore the amortization period used for the
UAAL has very little impact on the final results.
  The following Table 1 presents an estimate of the increases due to the
changes in ODR and ADR provisions for Tier VI Correction Members in  the
APV  of  future  employer contributions and in employer contributions to
NYCERS for Fiscal Years 2015 through 2019 that would occur based on  the
applicable actuarial assumptions and methods noted herein:
                                 Table 1
                  Estimated Financial Impact on NYCERS
                    If Certain Revisions are Made to
                   Provisions for ODR and ADR Benefits
                    for Tier VI Correction Members *
                              ($ Millions)
                         Increase in APV of        Increase in Employer
Fiscal Year         Future Employer Contributions     Contributions
   2015                        $6.8                      $0.8
   2016                        11.3                       1.3
   2017                        15.0                       1.6
   2018                        18.3                       1.9
   2019                        22.0                       2.2
  * Based on actuarial assumptions and methods set forth in the Actuari-
al  Assumptions  and  Methods  section.  Also,  based  on the projection
assumptions as described herein.
  ODR and ADR benefits are NOT subject  to  Tier  III  Escalation  (RSSL
Section  510)  but  would  be eligible for COLA under Chapter 125 of the
Laws of 2000.
A. 7108                             7
  The estimated increases in employer contributions shown in Table 1 are
based upon the following projection assumptions:
  *  Level workforce (i.e., new employees are hired to replace those who
leave active status).
  * Projected salary increases consistent with those used in projections
presented  to  the  New  York  City  Office  of  Management  and  Budget
("NYCOMB") for use in the January 2015 Financial Plan ("Updated Prelimi-
nary Projections").
  *  New  entrant  salaries  consistent  with  those used in the Updated
Preliminary Projections.
  These "open group" projections include future new entrants  introduced
into the census data models to project the future workforces.
  As of each future actuarial valuation date, the current "closed group"
actuarial assumptions and valuation methodology are used.
  Under  this  methodology  only  Plan participants as of each actuarial
valuation date are  utilized  to  determine  APVs,  employer  costs  and
employer contributions.
  FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age
Normal Costs can provide a useful basis to compare the value of alterna-
tive benefit programs.
  For  each  Correction member who enters NYCERS, there is a theoretical
net annual employer cost to be paid for such member  while  such  member
remains  actively  employed  (i.e.,  the  Employer Entry Age Normal Cost
("EEANC")).
  In addition, such EEANC may be expressed as  a  percentage  of  salary
earned over a working lifetime and referred to as the Employer Entry Age
Normal Rate ("EEANR").
  Under  the proposed legislation and based on the actuarial assumptions
noted herein, the EEANC and EEANR of Tier VI Correction Members would be
greater than the EEANC and  EEANR  for  comparable  Tier  VI  Correction
Members  entering  at the same attained age and gender under the current
NYCERS provisions.
  Table 2 shows a summary of the change in EEANR for Tier VI  Correction
Members  who have a date of membership on or after the date of enactment
of this proposed legislation for entry ages 25, 30 and 35 determined  as
of June 30, 2012 with a starting salary of $45,000, determined as of the
most recent date of published EEANR calculations:
                                 Table 2
              Comparison of Employer Entry Age Normal Rates
   Determined as of June 30, 2012 Excluding One-Year Lag Methodology*
To Implement Certain ODR and ADR and Accidental Death Benefit Provisions
                     for Tier VI Correction Members
                Under Proposed Changes with Presumptions
                                   and
                            Under Current Law
                              EEANR Under Proposed Changes**
                     Entry Age 25    Entry Age 30    Entry Age 35
                     Male   Female   Male   Female   Male   Female
Correction Tier VI  17.80%  18.42%  16.29%  16.90%  15.11%  15.76%
A. 7108                             8
                         EEANR Under Current Law
Correction Tier VI  17.34%  17.97%  15.79%  16.42%  14.56%  15.24%
                Increase in EEANR Due to Proposed Changes
Correction Tier VI   0.46%   0.45%   0.50%   0.48%   0.55%   0.52%
* Based on salaries paid over entire working lifetime. EEANR do not vary
significantly  over  time,  absent  benefit  and/or actuarial assumption
changes.
** EEANR determined under the terms of the revised ODR and  ADR  benefit
provisions based on the Actuarial Assumptions and Methods as noted here-
in  including  changes  in assumptions for ADR. ODR and ADR benefits are
NOT subject to Tier III Escalation  (RSSL  Section  510)  but  would  be
eligible for COLA under Chapter 125 of the Laws of 2000.
  OTHER COSTS: Not measured in this Fiscal Note are the following:
  * The initial, additional administrative costs of NYCERS and other New
York City agencies to implement the proposed legislation.
  *  The  potential  impact  if  this  proposed  legislation  were to be
extended to other public safety employees.
  * The impact of this  proposed  legislation  on  Other  Postemployment
Benefit ("OPEB") costs.
  CENSUS  DATA:  The  starting  census  data  used  for the calculations
presented herein are the census data used  in  the  Updated  Preliminary
June  30, 2013 (Lag) actuarial valuation of NYCERS used to determine the
Updated Preliminary Fiscal Year 2015 employer contributions.
  The census data used for the estimates of additional employer contrib-
utions presented herein are based on average salaries  of  new  entrants
utilized  in the Updated Preliminary June 30, 2013 (Lag) actuarial valu-
ations used to determine Updated Preliminary Fiscal Year  2015  employer
contributions of NYCERS.
  The  877 Tier VI Correction Members as of June 30, 2013 had an average
age of approximately 32, average service of approximately 0.5 years  and
an average salary of approximately $46,000.
  ACTUARIAL  ASSUMPTIONS  AND  METHODS: The additional employer contrib-
utions presented herein have been  calculated  based  on  the  actuarial
assumptions  and methods in effect for the June 30, 2013 (Lag) actuarial
valuations used  to  determine  Updated  Preliminary  Fiscal  Year  2015
employer  contributions of NYCERS and adjusted for revised ADR and Acci-
dental Death eligibility provisions.
  For determining the change in APVB and increase in employer  costs  to
NYCERS, the actuarial assumptions and methods are the same as those used
in  the  June  30,  2013 (Lag) actuarial valuation of NYCERS except that
probabilities of  Ordinary  Disability  and  Ordinary  Death  have  been
reduced by 5% and 10%, respectively, and the probabilities of Accidental
Disability  and Accidental Death have been increased by the same amounts
of reduction in the probabilities of Ordinary  Disability  and  Ordinary
Death, respectively.
  Neither  this Fiscal Note nor the actuarial valuation methodology used
to determine employer contributions to NYCERS reflect a  calculation  of
the value of an offset for Workers' Compensation benefits.
  ADR  benefits  under  both  the current provisions and proposed legis-
lation are offset by Workers' Compensation benefits and, therefore,  any
Workers' Compensation benefits paid would not impact the costs shown.
A. 7108                             9
  On the other hand, to the extent members who receive ODR benefits also
receive  Workers'  Compensation  benefits,  those  Workers' Compensation
benefits received reduce the amounts  otherwise  payable  under  current
provisions  of  law  but would not impact the benefits payable under the
proposed legislation.
  Thus,  the  lack  of  an offset for the value of Workers' Compensation
benefits understates the costs presented in this  Fiscal  Note  but  the
Actuary believes this understatement is modest.
  The  amounts  shown  in  this Fiscal Note equal the impact on employer
contributions were the proposed legislation to be enacted.
  To the extent that the enactment of this  proposed  legislation  would
cause  a  greater  (lesser)  number  of Tier VI Correction Members to be
reclassified from Ordinary Disability to Accidental  Disability  Retire-
ment  or  from Ordinary Death to Accidental Death, or to the extent that
Tier VI Correction Members who would not otherwise ever choose to  apply
and  then  receive an Ordinary Disability Retirement benefit or an Acci-
dental Disability Retirement  benefit,  then  the  additional  APVB  and
employer contributions shown herein would be greater (lesser).
  Employer  contributions  under current methodology have been estimated
assuming the additional APVB would be  financed  through  future  normal
contributions  including an amortization of the new UAAL attributable to
this proposed legislation over a 15-year period (14 payments  under  the
OYLM Methodology).
  New  entrant  Tier VI Correction Members were projected to replace the
Correction members expected to leave the active population to maintain a
steady-state population.
  The following Table 3 presents the total number of active employees of
Correction used in the projections, assuming a level work force, and the
cumulative number (i.e., net of withdrawals) of Tier VI  Members  as  of
each June 30 from 2013 through 2017.
                                 Table 3
             Surviving Actives from Census on June 30, 2013
                                   and
           Cumulative New Tier VI Correction Members from 2013
                        Used in the Projections*
June 30        Tier I, II, III & IV     Tier VI        Total
2013           7,798                    877            8,675
2014           7,278                    1,397          8,675
2015           6,865                    1,810          8,675
2016           6,414                    2,261          8,675
2017           5,919                    2,756          8,675
  * Total active members included in the projections assume a level work
force  based on the June 30, 2013 (Lag) actuarial valuation census data.
Assumes presumptions apply to Tier VI Correction members.
  For purposes of estimating the impact of the Tier  VI  Escalation  for
retired  Tier  VI  Correction  Members,  consistent  with  an underlying
Consumer Price Inflation ("CPI") assumption of 2.5% per  year,  Tier  VI
Escalation of 2.5% per year has been assumed.
  This  compares  with  the current Chapter 125 of the Laws of 2000 COLA
assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0%
minimum and 3.0% maximum) on the first $18,000 of benefit.
A. 7108                            10
  ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to  deter-
mine  the financial impact of the proposed legislation discussed in this
Fiscal Note are those appropriate for budgetary models  and  determining
annual employer contributions to NYCERS.
  However, the economic assumptions (current and proposed) that are used
for  determining  employer  contributions  do not develop risk-adjusted,
economic values of benefits.  Such  risk-adjusted,  economic  values  of
benefits  would  likely differ significantly from those developed by the
budgetary models.
  STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting
Chief Actuary for the New York City Retirement Systems. I am a Fellow of
the Society of Actuaries and a Member of the American Academy of Actuar-
ies. I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
  FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
during  the  2015  Legislative Session. It is Fiscal Note 2015-20, dated
April 9, 2015 prepared by the Acting Chief Actuary of the New York  City
Employees' Retirement System.