LBD17044-07-0
S. 9041 2
PART A
Section 1. Definitions. As used in this act, unless the context clear-
ly requires otherwise:
a. "Retirement system" means the New York city teachers' retirement
system, the New York city board of education retirement system or the
New York city employees' retirement system, exclusive of the retirement
plans established pursuant to sections 13-156 and 13-157 of the adminis-
trative code of the city of New York.
b. "Teachers' retirement system" means the New York city teachers'
retirement system.
c. "Eligible employee" means a person who is a member of a retirement
system who is an employee of the city of New York, but such term shall
not include the following persons:
(a) elected officials, judges or justices appointed to or serving in a
court of record;
(b) chief administrative officers of employers which participate in a
teachers' retirement system;
(c) appointed members of boards or commissions any of whose members
are appointed by the governor or by another public officer or body;
d. "Eligible title" means any title where a certain number of posi-
tions in that title, as identified by agency, department, work location
or appointing authority of the city of New York, as the case may be,
would otherwise be identified for layoff but for this act because of
economy, consolidation or abolition of functions, curtailment of activ-
ities or otherwise. However, an eligible title can also include a title
as identified by an agency, department, work location or appointing
authority of the city of New York in which positions would not be elimi-
nated but into which employees in titles affected by layoff can be
transferred or reassigned pursuant to the civil service law, rule or
regulation. The determination of eligible titles shall be made by the
chief executive officer of the city of New York.
e. "Active service" means service while being paid on the payroll,
provided that (a) a leave of absence with pay shall be deemed active
service; (b) other approved leave without pay not to exceed twelve weeks
prior to the commencement of the designated open period; and (c) the
period of time subsequent to a June school term and on or before August
31 of the year for which an open period is designated for a teacher (or
other employee employed on a school-year basis) who is otherwise in
active service on the effective date of this act shall be deemed active
service.
f. "Open period" means the period beginning with the commencement date
as defined in subdivision g of this section and shall not be more than
ninety days nor less than thirty days in length, as specified by the
city of New York. For the purposes of retirement pursuant to this act, a
service retirement application must be filed with the appropriate
retirement system not less than fourteen days prior to the effective
date of retirement to become effective, unless a shorter period of time
is permitted under law.
g. "Commencement date" means the first day the retirement incentive
authorized by this act shall be made available, which shall mean a date
or dates on or after the effective date of this act to be determined by
the chief executive officer of the city of New York. The chief executive
officer shall notify the heads of the appropriate retirement systems of
the dates of each open period prior to the commencement dates of such
periods.
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§ 2. The determination of whether a title shall be considered eligible
shall consider whether the reduction of a specific number of positions
within a title would unacceptably:
a. Directly result in a reduction of the level of service required or
mandated to protect and care for clients of the city of New York or to
assure public health and safety;
b. Endanger the health or safety of employees of the city of New York;
or
c. Clearly result in a loss of significant revenue to the city of New
York or result in substantially increased overtime or contractual costs.
However, any title may be determined eligible if the vacancies created
can be controlled by the use of transfer or reassignment provisions of
the civil service law, rules or regulations or other deployment of city
employees.
§ 3. a. Eligibility for inclusion in the retirement incentive provided
by section six of this act shall be determined by seniority for employ-
ees of the city of New York; seniority shall mean the date of original
permanent appointment in the civil service of the city adjusted to
include veteran's credits for those entitled to receive such credits
pursuant to sections 80, 80-a and 85, if applicable, of the civil
service law, as established in the official records of the New York city
department of citywide administrative services, regardless of the juris-
dictional classification of the position or the status of the incumbent.
b. All eligible employees serving in eligible titles desiring to avail
themselves of the retirement incentive provided by section six of this
act shall provide written notice to his or her employer on or before the
twenty-first day preceding the end of the open period. Failure to
provide such written notice shall render the employee ineligible for the
retirement incentive provided by this act.
§ 4. a. On or after the effective date of this act, the city of New
York may elect to provide its employees the retirement incentive author-
ized by this act by the enactment of a local law, provided however, no
local law enacted pursuant to this section shall in any manner supersede
any local charter. The local law shall specify the commencement date of
the program and the length of the open period or periods. A copy of
such law shall be filed with the appropriate retirement system or
systems, and, if applicable, on forms provided by such system. The local
law or resolution shall be accompanied by the affidavit of the chief
executive officer certifying to the information contained in subdivision
c of this section.
b. The commencement date of an open period for eligible employees of a
retirement system of the city of New York who elects retirement benefits
pursuant to this section may be up to one hundred eighty days after the
end of the open period for other eligible employees, if requested by
such system.
c. Notwithstanding any other provision of law, the benefits provided
by this act shall not be made available to any person who (a) has
received any retirement incentive authorized by any provision of state
law, or (b) who receives, has received or is eligible to receive a
payment in a lump sum or in another form from a retirement incentive
pursuant to the provisions of a collective bargaining agreement or by
other arrangement with his or her employer, unless such person files a
written statement with his or her employer, a copy of which shall be
forwarded to the appropriate retirement system, that he or she agrees to
waive any right to such payment. If the city of New York has offered a
retirement incentive pursuant to the provisions of a collective bargain-
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ing agreement or by other arrangement, such city shall prepare, and file
with each retirement system, a list containing the names and social
security numbers of all persons described in this subdivision. The city
is authorized, however, to exempt persons in its employ from the
provisions of paragraph (b) of this subdivision. Such exemption shall be
made part of the election made pursuant to this section.
§ 5. Notwithstanding any other provision of law, any eligible employee
serving in an eligible title who:
a. has been continuously in the active service of the city of New York
prior to the commencement date of the applicable open period;
b. files an application for service retirement that is effective
during the open period; and
c. is otherwise eligible for a service retirement as of the effective
date of the application for retirement shall be entitled to the retire-
ment incentive provided in section six of this act. If not otherwise
eligible for a service retirement, the following person shall be deemed
to satisfy the eligibility condition of this section: a person who is at
least age fifty with ten or more years service as of the effective date
of retirement (other than a member of a retirement plan which provides
for half-pay pension upon completion of twenty-five years or less
service without regard to age); or a member of a retirement plan which
provides for half-pay pension upon completion of twenty-five years of
service without regard to age who has not accrued, excluding additional
credit granted pursuant to this act, the minimum number of years of
service required to retire with an allowance equal to fifty percent of
final average salary under such plan, but has, with the inclusion of the
additional credit provided under this act, accrued such number of years
of credit.
§ 6. Notwithstanding any other provision of law, an eligible employee
serving in an eligible title who is a member of a retirement system of
the city of New York and employed by the city of New York and who is
entitled to a retirement incentive pursuant to section five of this act
shall receive a retirement incentive of one-twelfth of a year of addi-
tional retirement credit for each year of pension service credited as of
the date of retirement, up to a maximum of three years of retirement
service credit at the time of retirement, provided, however, that
service credit provided under the provisions of sections 902 and 911 of
the retirement and social security law shall not be included when calcu-
lating the additional retirement credit awarded pursuant to this act.
For the New York city teachers' retirement system, the New York city
employees' retirement system and the New York city board of education
retirement system such incentive shall be available for all purposes,
including fulfilling the qualifying service requirements of plan A and
C, if applicable.
An eligible employee who is covered by the provisions of article 15 of
the retirement and social security law shall retire under the provisions
of article 15 of the retirement and social security law. The amount of
such benefit for an eligible employee who is covered by article 15 of
the retirement and social security law and retires under the provisions
of this section (other than a member with thirty or more years of
service in the New York city employees' retirement system, the New York
city teachers' retirement system, or the New York city board of educa-
tion retirement system) shall be reduced by six percent for each of the
first two years by which retirement precedes age sixty-two, plus a
further reduction of three percent for each year by which retirement
precedes age sixty, provided, however, the foregoing reductions shall
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not apply: (i) in any case where an eligible employee can retire after
twenty-five years of service with immediate payability prior to the age
of sixty-two pursuant to section 604-b of the retirement and social
security law or (ii) to any time period subsequent to the point at which
an eligible employee can retire for service without reduction of his or
her service retirement allowance pursuant to article 16 of the retire-
ment and social security law. Such reduction shall be prorated for
partial years. The amount of such benefit for an eligible employee with
thirty or more years of service who is a member of the New York city
employees' retirement system, the New York city teachers' retirement
system, or the New York city board of education retirement system, or an
eligible employee who is a participant in the optional twenty-five year
early retirement program for certain New York city members governed by
section 604-c of the retirement and social security law, as added by
chapter 96 of the laws of 1995 or a twenty-five year participant in the
age fifty-five retirement program governed by section 604-i of the
retirement and social security law, with twenty-five or more years of
service and who is covered by article 15 of the retirement and social
security law shall be reduced by five percent for each year by which
retirement pursuant to this section precedes age fifty-five. The amount
of such benefit for an eligible New York city employee with five or more
years of service and who is a participant in the age fifty-seven retire-
ment program governed by section 604-d of the retirement and social
security law shall be reduced by one-thirtieth for the first two years
by which retirement precedes age fifty-seven plus a further reduction of
one-twentieth for each year by which retirement precedes age fifty-five.
Such reduction shall be prorated for partial years. There shall be no
reduction for an eligible New York city employee in a physically taxing
position with twenty-five or more years of service and who is a partic-
ipant (i) in the optional twenty-five year early retirement program for
certain members governed by section 604-c of the retirement and social
security law, as added by chapter 96 of the laws of 1995, or (ii) in the
age fifty-seven retirement program governed by section 604-d of the
retirement and social security law.
An eligible employee serving in an eligible title who is covered by
article 11 of the retirement and social security law shall retire under
the provisions of such article. There shall be no reduction in retire-
ment benefit provided that such employee retires with thirty or more
years of service at age fifty-five or older.
An eligible employee serving in an eligible title who is not covered
by article 11 or 15 of the retirement and social security law shall
retire under the provisions of the plan by which he or she is covered.
The amount of such benefit shall be reduced by five percent for each
year by which retirement pursuant to this section precedes age fifty-
five, provided, however, the foregoing reductions shall not apply: (i)
in any case where an eligible employee can retire pursuant to a plan
which permits retirement for service with immediate payability, exclu-
sive of this act, prior to the age of fifty-five or (ii) to any time
period subsequent to the point at which an eligible employee can retire
for service without reduction of his or her service retirement allowance
pursuant to article 16 of the retirement and social security law. Such
reduction shall be prorated for partial years.
An eligible employee serving in an eligible title who participates in
a retirement plan which provides for a retirement allowance equal to
fifty percent of final average salary upon the completion of twenty-five
years of service without regard to age and who is otherwise eligible to
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retire shall retire under the provisions of such plan. Such employee
shall, at the time of retirement, be credited with one-twelfth of a year
of additional retirement service credit for each year of service credit-
ed under such plan as of the date of retirement, up to a maximum of
three years of retirement service credit. If such employee has not
accrued, excluding additional credit granted pursuant to this act, the
minimum number of years of service required to retire with an allowance
equal to fifty percent of final average salary under such plan, but has,
with the inclusion of the additional credit provided under this act,
accrued such number of years of credit, the benefit payable shall be the
percentage of final average salary that would ordinarily be applicable
to such individual upon retirement with such amount of credit (including
incentive credit), reduced by five per centum per year for each year by
which the number of years of service otherwise required to retire with
an allowance equal to fifty percent of final average salary under such
plan exceeds the amount of service credited to such employee under such
plan at retirement (excluding the additional retirement incentive
service credit provided pursuant to this act). Such reduction shall be
prorated for partial years.
§ 7. a. Notwithstanding any other provision of law, any termination
pay or leave arising from accrued sick leave or accrued annual leave for
an eligible employee who has elected the retirement incentive provided
by this act and who is a member of the New York city teachers' retire-
ment system employed by the board of education of the city of New York
shall be paid in three equal installments during a twenty-four month
period commencing on such eligible employee's effective date of retire-
ment.
b. An employee of the city of New York who retires under the retire-
ment incentive provided by this act, who is eligible for terminal leave
pursuant to an applicable collective bargaining agreement or a personnel
policy or rule or retirement leave pursuant to section 3107 of the
education law or who has an accrued annual leave balance on the effec-
tive date of retirement shall be paid in three equal installments two
months, fourteen months and twenty-four months following such eligible
employee's effective date of retirement.
§ 8. a. The city of New York, if it elects the retirement incentive
provided by this act shall be required to demonstrate the savings of
their election by either eliminating positions vacated as a result of an
eligible employee in an eligible title receiving the incentive provided
by section six of this act or demonstrating a compensation savings such
that the total amount of base salary paid for the two-year period subse-
quent to the effective date of retirement for such eligible employees in
eligible titles to new hires, if any, who otherwise would not have been
hired by such employer after the effective date of this act but for the
retirement incentive provided herein shall be no more than one-half of
the total amount of base salary that would have been paid to such eligi-
ble employees from their date of retirement for such two-year period.
The city may also demonstrate savings, however, by identifying a vacant
position into which another employee can be appointed, transferred, or
reassigned pursuant to the civil service law, rules or regulations, in
which case the former position of the employee so appointed, trans-
ferred, or reassigned shall be eliminated. The city shall make avail-
able its plans for achieving the savings described herein.
b. The New York city department of citywide administrative services
shall prepare a report designating the title, grade level, salary, and
classification, according to appointing authority, (i) of each position
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which is eliminated pursuant to subdivision a of this section, (ii) of
each position into which another employee was appointed, transferred, or
reassigned and the former position of such employee, and (iii) of each
position which is eliminated as a result of an appointment, transfer or
reassignment referred to in paragraph (ii) of this subdivision. Such
report shall be available no later than ninety days after the last date
of the open period related to such positions.
§ 9. Nothing in this act shall be used to provide benefits that shall
exceed the limits contained in section 415 of the internal revenue code.
Provided, however, any service retirement benefit which has been reduced
because of section 415 of the internal revenue code shall be increased
when (and consistent with) the dollar limits in section 415 of the
internal revenue code are adjusted by the internal revenue service for
cost of living increases. Such increases shall not increase the benefit
in excess of the service retirement benefit otherwise payable.
§ 10. Any eligible employee who retires pursuant to the provisions of
this act and enters or reenters public service as defined in subdivision
e of section 210 of the retirement and social security law and joins or
rejoins any public retirement system of the city of New York shall if
the additional benefit was provided pursuant to: (a) section six of this
act, forfeit the additional benefit authorized by this act at the time
of his or her subsequent retirement; or (b) repay to the city such addi-
tional contribution together with the appropriate interest as determined
by the appropriate retirement system.
§ 11. Notwithstanding any other provision of law, if the service
retirement benefit of a member of a retirement system is subject to a
maximum retirement benefit, the additional benefit authorized by this
act will be computed by multiplying the final average salary times the
number of years of service credit granted by section six of this act
times the benefit fraction of the plan under which such member retires.
§ 12. The provisions of section 430 of the retirement and social secu-
rity law shall not apply to any benefit or benefit improvement provided
by this act.
§ 13. The pension benefit costs of section six of this act shall be
paid by the city of New York as provided by applicable law for each
retirement system covered by this act over a period not to exceed five
years commencing in the fiscal year following the fiscal year in which
this act shall have become a law.
§ 14. Where an employee is eligible to receive the benefit authorized
under section six and the retirement benefit provided for under section
five of part B of this act, such employee may elect a section under
which he or she will participate. In no event shall the benefits
provided for in section six of this act be received by any employee in
conjunction with the benefits of section five of part B of this act.
§ 15. This act shall take effect immediately.
PART B
Section 1. Definitions. As used in this act, unless the context clear-
ly requires otherwise:
a. "Retirement system" means the New York city teachers' retirement
system, the New York city board of education retirement system or the
New York city employees' retirement system, exclusive of the retirement
plans established pursuant to sections 13-156 and 13-157 of the adminis-
trative code of the city of New York.
b. "Teachers' retirement system" means the New York city teachers'
retirement system.
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c. "Eligible employee" means a person who is a member of a retirement
system of the city of New York who has attained age fifty-five and has
at least twenty-five years of creditable service in a retirement system,
but such term shall not include the following persons:
(a) elected officials, judges or justices appointed to or serving in
court of record;
(b) chief administrative officers of employers which participate in a
teachers' retirement system;
(c) appointed members of boards or commissions any of whose members
are appointed by the governor or by another public officer or body;
d. "Active service" means service while being paid on the payroll,
provided that (a) a leave of absence with pay shall be deemed active
service; (b) other approved leave without pay not to exceed twelve weeks
prior to and the commencement of the designated open period; and (c) the
period of time subsequent to a June school term and on or before August
31 of the year for which an open period is designated for a teacher (or
other employee employed on a school-year basis) who is otherwise in
active service on the effective date of this act shall be deemed active
service.
e. "Open period" means the period beginning with the commencement date
as defined in subdivision f of this section and shall be ninety days in
length, as specified by the city of New York. For the purposes of
retirement pursuant to this act, a service retirement application must
be filed with the appropriate retirement system not less than fourteen
days prior to the effective date of retirement to become effective,
unless a shorter period of time is permitted under law.
f. "Commencement date" means the first day the retirement benefit
mandated by this act shall be made available, which shall mean a date or
dates on or after the effective date of this act to be determined by the
chief executive officer of the city of New York. The chief executive
officer shall notify the head of the appropriate retirement system of
the date of the open periods prior to the commencement dates of such
periods.
§ 2. The city of New York, if it elects to participate pursuant to
section three of this act shall establish a commencement date for the
retirement benefit established under section five of this act by the
chief executive officer issuing an executive order establishing such
commencement date, provided, however, no executive order shall in any
manner supersede any local charter. A copy of any such executive order
establishing a commencement date shall be filed with the appropriate
retirement system or systems, and, if applicable, on forms provided by
such system. The executive order shall be accompanied by the affidavit
of the chief executive officer certifying the commencement date.
§ 3. a. On or after the effective date of this act, the city of New
York may elect to provide its employees the retirement incentive author-
ized by this act by the enactment of a local law provided however, no
local law enacted pursuant to this section shall in any manner supersede
any local charter. A copy of such law or resolution shall be filed with
the appropriate retirement system or systems, and, if applicable, on
forms provided by such system. The local law shall be accompanied by the
affidavit of the chief executive officer certifying the validity of such
law.
b. The commencement date of an open period for eligible employees of a
retirement system of the city of New York who elects retirement benefits
pursuant to this section may be up to one hundred eighty days after the
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end of the open period for other eligible employees, if requested by
such system.
§ 4. Notwithstanding any other provision of law, any eligible employee
who (a) has been continuously in the active service of the city of New
York prior to the commencement date of the applicable open period, (b)
files an application for service retirement that is effective during the
open period, and (c) is otherwise eligible for a service retirement as
of the effective date of the application for retirement shall be enti-
tled to the retirement benefit provided in section five of this act.
§ 5. a. Notwithstanding any other provision of law, an eligible
employee who is: (a) a member of a retirement system of the city of New
York and employed by the city of New York and (b) who is entitled to a
retirement benefit pursuant to section four of this act may retire
during the open period without the reduction of his or her retirement
benefit that would otherwise be imposed by article 11 or 15 of the
retirement and social security law if he or she has attained the age of
fifty-five and has completed at least twenty-five or more years of cred-
itable service. An eligible employee who is covered by the provisions of
articles 11 and 15 of the retirement and social security law shall
retire under the provisions of articles 11 and 15 of the retirement and
social security law.
b. The chief executive officer of the city of New York may deny
participation in the retirement benefit provided by subdivision a of
this section if the chief executive officer makes a determination that
the employee holds a position that is deemed critical to the maintenance
of public health and safety.
c. Where an employee is eligible for the retirement benefit under this
section and the retirement incentive authorized pursuant to section six
of part A of this act, such employee shall elect a section under which
he or she will participate. The benefits provided by subdivision a of
this section shall not be conditioned upon the city of New York making
the benefits of section six of part A of this act available to employees
in their employ. Further, the benefits provided by subdivision a of this
section shall not be available in conjunction with the benefits of
section six of part A of this act.
d. The action of the chief executive officer of the city of New York
in denying the retirement benefit provided for in subdivision a of this
section to any individual shall be subject to review in the manner
provided for in article 78 of the civil practice law and rules. Such
action for review pursuant to article 78 of the civil practice law and
rules shall only be commenced by the individual that was denied the
retirement benefit provided by subdivision a of this section.
e. After making any such determination under subdivision b of this
section the chief executive officer of the city of New York shall notify
the appropriate retirement system or teachers' retirement system of its
determination.
§ 6. The pension benefit costs of section five of this act shall be
paid by the city of New York as provided by applicable law for each
retirement system covered by this act over a period not to exceed five
years commencing in the fiscal year following the fiscal year in which
this act shall have become a law.
§ 7. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
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its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A and B of this act shall be as
specifically set forth in the last section of such Parts.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation, as it relates to the New
York City Retirement Systems (NYCRS), would provide for a temporary
Early Retirement Incentive Program (ERI Program) to allow certain
members of the New York City Employees' Retirement System (NYCERS), the
New York City Teachers' Retirement System (TRS), and the New York City
Board of Education Retirement System (BERS), who are employees of the
City of New York (City) and meet enumerated criteria, to elect immediate
retirement with enhanced benefits.
The ERI Program consists of two parts and is contingent upon the
City's election to participate in the Program. Part A would provide to
eligible members, determined by title, seniority, and enumerated policy
considerations, an additional service credit. Part B would remove the
application of early retirement reduction factors for qualifying
members. The benefits of the respective Parts cannot be combined.
Eligible NYCRS members would have anywhere from 30 to 90 days in an
open period to elect and retire under Part A or within a 90-day open
period following the commencement date to retire under Part B of the ERI
Program. Multiple open periods, not to exceed 180 days from the end of
an open period for other employees, may be requested by the NYCRS.
Should the City elect to participate in the ERI Program provided by this
Act, it would be required to demonstrate the savings related to the
election.
A member is eligible to participate in Part A of the ERI Program if he
or she:
* Is otherwise eligible for service retirement;
* Is at least age 50 with 10 or more years of service and is not in a
plan which permits retirement at half-pay with 25 or fewer years of
service without regard to age; or
* Is in a plan that permits retirement at half-pay at 25 years of
service without regard to age and would reach 25 years of service
considering the additional service credit provided in Part A.
A member is eligible to participate in Part B of the ERI Program if he
or she is age 55 or older and has at least 25 years of service.
In addition to the eligibility conditions above, members must also:
* Be in continuous active service preceding the commencement date of
the open period;
* For Part A - provide timely written notice of the intent to avail
himself or herself of the ERI and file for service retirement that is
effective within the open period;
* For Part B - file for service retirement that is effective within
the open period and otherwise be eligible to retire for service as of
the effective date of retirement.
Effective Date: Upon enactment and as determined by the respective
open periods contained in Parts A and B.
IMPACT ON BENEFITS: Part A would provide one-twelfth of a year of
additional retirement service credit for each year of pension service,
up to a maximum of three years of additional retirement service credit.
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Some benefits provided under Part A could be subject to Early Retirement
Factors (ERF) as specified in the proposed legislation.
Part B would allow members to retire with an unreduced benefit if they
are at least age 55 with 25 or more years of service.
FINANCIAL IMPACT - OVERVIEW: There is no credible data available to
estimate the number of members who will retire under the current ERI
Program and potentially benefit from this proposed legislation. There-
fore, the estimated financial impact has been calculated on a per event
basis equal to the average increase in the Present Value of future
employer contributions and in the annual employer contributions for
members who would benefit from the proposed legislation.
The Present Value of future employer contributions is the net result
of the increase in the Present Value of Future Benefits (PVFB) and the
decrease in the Present Value of member contributions.
For the purposes of this Fiscal Note, the increase in Present Value of
future employer contributions was amortized over a five-year period
(four payments under the One-Year Lag Methodology (OYLM)) using level
dollar payments, the maximum allowable period under the proposed legis-
lation. This amortized value is the estimated increase in annual
employer contributions.
There will also be future savings in Employer Contributions assuming
that these members are not replaced. This additional savings is not
included here.
With respect to an individual member, the additional cost of this
proposed legislation could vary greatly depending on the member's length
of service, age, and salary history.
FINANCIAL IMPACT - SUMMARY: Based on the census data and the actuarial
assumptions and methods described herein, the enactment of this proposed
legislation would result in an increase in the Present Value of Employer
Contributions and annual employer contributions. The estimated pension
financial impact has been calculated as the average increase per person.
A breakdown of the financial impact by NYCRS is shown in the table
below:
NYCRS Additional
Present Value of Estimated
Future Employer Annual Employer
Contributions Contributions
($ Per Person) ($ Per Person)
Part A Only
NYCERS $78,000 $23,800
TRS 82,200 25,100
BERS 37,300 11,400
Average $75,500 $23,100
Part B Only
NYCERS $109,800 $33,500
TRS 65,600 20,000
BERS 95,100 29,000
Average $105,500 $32,200
Both A & B
NYCERS $93,400 $28,500
TRS 82,400 25,200
BERS 43,200 13,200
Average $85,100 $26,000
S. 9041 12
CONTRIBUTION TIMING: For the purposes of this Fiscal Note, it is
assumed that the changes in the Present Value of future employer
contributions and annual employer contributions would be reflected for
the first time in the Final June 30, 2019 actuarial valuations of
NYCERS, TRS, and BERS. In accordance with the OYLM used to determine
employer contributions, the increase in employer contributions would
first be reflected in Fiscal Year 2021.
CENSUS DATA: The estimates presented herein are based on the census
data used in the Preliminary June 30, 2019 (Lag) actuarial valuations of
NYCERS, TRS, and BERS to determine the Preliminary Fiscal Year 2021
employer contributions.
The table below contains the census data for members who meet the
eligibility requirements and would be impacted by the proposed legis-
lation (Potential Elections), and for a subset of those members who
would benefit actuarially (Assumed to Elect).
NYCRS Potential Elections
Part A Only Count Avg Age Avg Svc Avg Salary
NYCERS 34,147 58.5 22.3 $83,900
TRS 31,727 57.7 21.2 101,300
BERS 9,736 60.2 15.8 49,900
Total 75,610 58.4 21.0 $86,800
Part B Only Count Avg Age Avg Svc Avg Salary
NYCERS 5,990 58.2 30.2 $88,600
TRS 569 58.0 26.9 110,100
BERS 430 58.6 29.5 72,700
Total 6,989 58.2 29.9 $89,400
Both A & B Count Avg Age Avg Svc Avg Salary
NYCERS 34,147 58.5 22.3 $83,900
TRS 31,727 57.7 21.2 101,300
BERS 9,736 60.2 15.8 49,900
Total 75,610 58.4 21.0 $86,800
Assumed to Elect
Count Avg Age Avg Svc Avg Salary
19,077 60.4 26.4 $87,600
11,372 61.2 27.1 109,100
3,218 63.6 21.8 51,900
33,667 61.0 26.2 $91,400
Count Avg Age Avg Svc Avg Salary
5,941 58.2 30.2 $88,400
530 57.9 26.9 109,900
423 58.6 29.5 71,500
6,894 58.2 29.9 $89,000
Count Avg Age Avg Svc Avg Salary
20,035 60.2 26.5 $88,000
11,525 61.2 27.1 109,200
3,231 63.5 21.8 52,200
34,791 60.8 26.3 $91,700
ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
future employer contributions and annual employer contributions
presented herein have been calculated based on the actuarial assumptions
and methods in effect for the June 30, 2019 (Lag) actuarial valuations
S. 9041 13
used to determine the Preliminary Fiscal Year 2021 employer contrib-
utions of NYCERS, TRS, and BERS.
To determine the impact of the elective nature of the proposed legis-
lation, a subgroup based on who could potentially benefit actuarially
was used. The Present Value of future employer costs (i.e. the PVFB
less the Present Value of future member contributions) of each member's
benefit was determined under their current plan and as if retiring imme-
diately under the ERI Program. If the Present Value of future employer
cost under the ERI Program was greater than or equal to the Present
Value of future employer cost under the member's current plan, then the
member was deemed to benefit actuarially.
Based on this analysis, the costs presented in this Fiscal Note are
borne only from current NYCERS, TRS, and BERS members who are employed
by the City and assumed to benefit from, and thus opt to retire under,
the ERI Program.
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 NYCERS, TRS, and BERS, 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 produce different results. Quantifying these risks is beyond the
scope of this Fiscal Note.
Not measured in this Fiscal Note are the following:
* The offsetting reduction in salary due to retirements earlier than
expected.
* The impact of potential new hires replacing members who retire due
to the ERI Program.
* 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 2020-61 dated September
16, 2020 was prepared by the Chief Actuary for the New York City Employ-
ees' Retirement System, the New York City Teachers' Retirement System,
and the New York City Board of Education Retirement System. This esti-
mate is intended for use only during the 2020 Legislative Session.
