S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10535
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Brabenec) --
   read once and referred to the Committee on Governmental Employees
 
 AN  ACT  granting  Camille  and  Brian Mulkeen, the parents of Detective
   Brian Mulkeen, special accidental death benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Notwithstanding  the provisions of any general or special
 law, rule or regulation to the contrary, Camille and Brian  Mulkeen  who
 were  the parents of Detective Brian Mulkeen who was previously employed
 by the New York City police department as a Detective and was a  Tier  3
 member  of the Police Pension Fund at the time of his death on September
 29, 2019 shall be eligible to file  for  any  special  accidental  death
 benefits that would have been available to Brian Mulkeen or his widow or
 widower  under  section  208-f of the general municipal law. Any amounts
 paid under section 208-f of the general municipal law to Brian  Mulkeen,
 his  estate  or  Camille  and  Brian  Mulkeen prior to the filing of the
 application for benefits pursuant to this act shall be deducted from the
 benefit payable thereafter.
   § 2. All costs pursuant 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:
   SUMMARY  OF  BILL: This proposed legislation would provide to deceased
 Detective Brian Mulkeen's parents the Special Accidental  Death  Benefit
 (SADB)  provided  to surviving spouses pursuant to General Municipal Law
 (GML) section 208-f.
   Effective Date: Upon enactment.
   BACKGROUND: Detective Mulkeen died as a Tier 3 Enhanced member of  the
 New  York  City  Police Pension Fund (POLICE) on September 29, 2019. His
 surviving parents, Brian and  Camille  Mulkeen,  currently  receive  the
 annual  accidental  death  retirement allowance equal to 50% of his five
 year final average salary pursuant to Retirement and Social Security Law
 (RSSL) section 509.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15930-02-0

 A. 10535                            2
 
   If this legislation is passed, Detective Mulkeen's  parents  would  be
 eligible for the SADB provided by under GML Section 208-f, entitling his
 parents  to  receive an annual benefit equal to 100% of his final year's
 compensation, not less than the next  higher  grade,  retroactively  and
 prospectively, less any accidental death benefit paid.
   Note that beginning in Fiscal Year 2018, the SADB, including 3% annual
 escalation,  is  included  as a liability for POLICE notwithstanding the
 State appropriation provision contained in GML section 208-f(e).
   FINANCIAL IMPACT - PRESENT VALUES: The estimated financial  impact  of
 this  proposal has been calculated as the difference between the present
 value of (1) and (2), where:
   (1) is Detective Mulkeen's final year's compensation,  not  less  than
 the  next higher grade, his parents would receive (Gross Benefit) if the
 proposed legislation were enacted (retroactive to the date of  death  on
 September 29, 2019), and
   (2) is the accidental death benefit currently being paid.
   Based  on  the actuarial assumptions and methods described herein, the
 enactment of this proposed legislation would increase the Present  Value
 of  Future  Benefits  (PVFB) and the Unfunded Accrued Liability (UAL) of
 POLICE by approximately $2.2 million. This calculation does not  reflect
 the offset for a Social Security death benefit, if any, payable to Brian
 and Camille Mulkeen.
   FINANCIAL  IMPACT  - ANNUAL EMPLOYER CONTRIBUTIONS: In accordance with
 Section 13-638.2(k-2) of the Administrative Code of the City of New York
 (ACCNY), new UAL attributable to benefit changes are to be amortized  as
 determined  by the Actuary, but are generally amortized over the remain-
 ing working lifetime of those impacted by the benefit changes.
   For the purposes of this Fiscal Note,  because  Detective  Mulkeen  is
 deceased  and  has no remaining working lifetime, the entire increase in
 UAL would be recognized immediately.
   CONTRIBUTION TIMING: For the purposes  of  this  Fiscal  Note,  it  is
 assumed  that  the  changes in the UAL and annual employer contributions
 would be reflected for the first time in the  June  30,  2020  actuarial
 valuation  of  POLICE.  In  accordance with the One-Year Lag Methodology
 (OYLM) used to determine employer contributions, the increase in employ-
 er contributions would be reflected in Fiscal Year 2022.
   CENSUS DATA: As of June  30,  2020,  Brian  and  Camille  Mulkeen  are
 approximately  age  64  and  65 respectively and are receiving an annual
 accidental death benefit.  Below is a summary of  the  benefits,  calcu-
 lated as of the date of death, provided by POLICE:
   * Annual Accidental Death Benefit: $33,606
   * Annual SADB Benefit: $120,034
   * Annual Gross Benefit: $153,640
   ACTUARIAL  ASSUMPTIONS  AND METHODS: The changes in the PVFB presented
 herein have been calculated based on the actuarial assumptions and meth-
 ods in effect for the June 30, 2019 (Lag) actuarial  valuation  used  to
 determine  the  Preliminary  Fiscal  Year 2021 employer contributions of
 POLICE.
   RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
 highly  on the realization of the actuarial assumptions used, as well as
 certain  demographic  characteristics  of  POLICE  and  other  exogenous
 factors  such  as  investment,  contribution, and other risks. If actual
 experience deviates from actuarial assumptions, the actual  costs  could
 differ  from  those  presented  herein.  Costs are also dependent on the
 actuarial methods used, and therefore different actuarial methods  could

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 produce  different results.  Quantifying these risks is beyond the scope
 of this Fiscal Note.
   Not measured in this Fiscal Note are the following:
   *  The  initial,  additional  administrative  costs  to  implement the
 proposed legislation.
   * The impact of this  proposed  legislation  on  Other  Postemployment
 Benefit (OPEB) costs.
   STATEMENT  OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
 ary for, and independent of, the New York City  Retirement  Systems  and
 Pension  Funds.  I  am a Fellow of the Society of Actuaries, an Enrolled
 Actuary under the Employee Retirement Income and Security Act of 1974, a
 Member of the American Academy of Actuaries, and a Fellow of the Confer-
 ence of Consulting Actuaries. I meet the Qualification Standards of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein. To the best of my knowledge, the results contained  herein  have
 been prepared in accordance with generally accepted actuarial principles
 and  procedures  and  with the Actuarial Standards of Practice issued by
 the Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-34 dated May 1, 2020
 was prepared by the Chief Actuary for the New York City  Police  Pension
 Fund. This estimate is intended for use only during the 2020 Legislative
 Session.