S T A T E O F N E W Y O R K
________________________________________________________________________
6486
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
___________
Introduced by M. of A. RAMOS, ENGLEBRIGHT -- read once and referred to
the Committee on Governmental Employees
AN ACT to provide a temporary retirement incentive for certain members
of the New York state teachers' retirement system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law components of legislation that
would establish an age 55/25 temporary retirement incentive for certain
public employees.
§ 2. Legislative findings. The legislature finds and declares that the
retirement benefit for certain public employees who are above age 55 and
with 25 years of service provided for in this act is intended only to be
temporary in nature for employees who are eligible to receive and quali-
fy for the applicable benefit during the applicable time periods speci-
fied in this act. Further, nothing in this act shall be construed to
create an expectation of a future or continuing retirement benefit for
any public employee who is not eligible to receive and qualify for the
retirement benefits herein during the applicable time periods.
§ 3. Definitions. As used in this act, unless the context clearly
requires otherwise:
(a) "Retirement system" means the New York state teachers' retirement
system.
(b) "Teachers' retirement system" means the New York state teachers'
retirement system.
(c) "Educational employer" means a participating employer which is a
school district, a board of cooperative educational services, a voca-
tional education and extension board, an institution for the instruction
of the deaf and of the blind as enumerated in section 4201 of the educa-
tion law, or a school district as enumerated in section 1 of chapter 566
of the laws of 1967, as amended.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07996-02-1
A. 6486 2
(d) "Eligible employee" means a person who is a member of the teach-
ers' retirement system, who is an employee of an educational employer,
who holds a position represented by the recognized collective bargaining
units affiliated with the New York state united teachers employee organ-
ization as certified by his or her employer, and who has attained the
age of 55 and has at least 25 years of creditable service in the retire-
ment system. For the purposes of this act, the term "eligible employee"
shall be deemed to include building level administrators, including, but
not limited to, principals and assistant principals.
(e) "Active service" means service while being paid on the payroll,
provided that (i) a leave of absence with pay shall be deemed active
service; (ii) other approved leave without pay not to exceed twelve
weeks from March 1, 2021 and the commencement of the designated open
period; and (iii) the period of time subsequent to the June 2021 school
term and on or before August 31, 2021 for a teacher (or other employee
as defined in this act, employed on a school-year basis) who is other-
wise 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 be 60 days
in length. For educational employers who make election after June 30,
2021, the open period shall begin immediately after such election, and
shall not extend beyond August 31, 2021. For the purposes of retirement
pursuant to this act, a service retirement application must be filed
with the appropriate retirement system not less than 14 days prior to
the effective date of retirement to become effective, unless a shorter
time period is permitted under law.
(g) "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
educational employer which elects to participate pursuant to section
four of this act, but no sooner than June 30, 2021.
§ 4. On or after June 30, 2021 an educational employer may elect to
provide its employees the retirement incentive authorized by this act by
the adoption of a resolution of its governing body. A copy of such
resolution shall be filed with the appropriate retirement system. The
resolution shall be accompanied by the affidavit of the school board
president or trustee or other comparable official certifying the validi-
ty of such resolution.
§ 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 an educational employer who has elected to participate in the
retirement incentive provided in section six of this act, pursuant to
section four of this act, from March 1, 2021 to the date immediately
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 retirement benefit provided in section six of this act.
§ 6. Notwithstanding any other provision of law, any eligible employee
who is: (a) a member of the teachers' retirement system, and (b) enti-
tled to retirement benefits pursuant to section five 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 55 and has completed at least 25 or more years of creditable
A. 6486 3
service. An eligible employee who is covered by the provisions of arti-
cle 11 or 15 of the retirement and social security law shall retire
under the provisions of article 11 or 15 of the retirement and social
security law.
§ 7. The pension benefit costs of section six of this act shall be
paid by employers as provided by applicable law for the retirement
system covered by this act over a period not to exceed five years
commencing in the state fiscal year ending March 31, 2023.
§ 8. Notwithstanding any other provision of law, this act shall have
no impact on retirement incentives, options or inducements offered as
part of a contractual agreement between an eligible employee and an
educational employer which were negotiated prior to the effective date
of this act.
§ 9. Severability clause. If any clause, sentence, paragraph, subdi-
vision, 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
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.
§ 10. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill (legislative bill draft 07996-01-1) would provide a tempo-
rary retirement incentive to eligible members of the New York State
Teachers' Retirement System during fiscal year 2021-2022. This incentive
would permit eligible members to retire without an early retirement
reduction upon attainment of at least age 55 with 25 years of service.
Currently attainment of at least age 55 with 30 years of service, or at
least age 62 with five years of service are required in order to retire
without reduction for Tiers 2, 3 and 4 members. Tier 5 members currently
must be at least age 57 with 30 years of service, or at least age 62
with ten years of service in order to retire without reduction. Current-
ly Tier 6 members are required to attain age 63 with ten years of
service in order to retire without reduction. In order to receive this
benefit, a member of an employer who has elected to participate must
retire during the designated 60-day open period, beginning on or after
June 30, 2021 and not extending beyond August 31, 2021. In order to be
eligible, a member must be an employee of an educational employer and
hold a position represented by one of the recognized collective bargain-
ing units affiliated with the New York State United Teachers (NYSUT) as
certified by his or her employer. In order to participate in this
retirement incentive, the educational employer must be a school
district, a board of cooperative educational services, a vocational
education and extension board, an institution for the instruction of the
deaf and of the blind as enumerated in Section 4201 of the Education Law
or a school district as enumerated in Section 1 of Chapter 566 of the
Laws of 1967. Employers who elect to participate would pay the cost of
the retirement incentive over a period not to exceed five years, begin-
ning in the state fiscal year ending March 31, 2023.
The annual cost, over a five-year period, to the participating employ-
ers of members of the New York State Teachers' Retirement System for
this benefit is estimated to be $69.1 million or .40% of payroll if this
bill is enacted.
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Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Comprehensive Annual Financial Report (CAFR). System assets are as
reported in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report except rates of retirement have been modified
to reflect anticipated participation in the incentive.
The source of this estimate is Fiscal Note 2021-18 dated March 12,
2021 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2021 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.