S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7827--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on  Governmental  Employees -- recommitted to the Committee on Govern-
   mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee

 AN  ACT  to amend the retirement and social security law, in relation to
   retirement benefits for  certain  employees;  and  providing  for  the
   repeal of such provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision c of section 700 of the retirement  and  social
 security law, as added by chapter 578 of the laws of 1989, is amended to
 read as follows:
   c. Such election shall be in writing, shall be duly executed and filed
 with  the comptroller and, SUBJECT TO THE PROVISIONS OF SUBDIVISION D OF
 THIS SECTION, shall be irrevocable as long as such member is in a  title
 defined  in  subdivision  i  of section eighty-nine of this chapter. The
 election shall be filed on or  before  December  thirty-first,  nineteen
 hundred  eighty-nine  or  within  one  year  after  such  person becomes
 employed in such title, whichever date is later.
   § 2. Section 700 of the retirement and social security law is  amended
 by adding a new subdivision d to read as follows:
   D.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, A MEMBER
 EMPLOYED BY THE OFFICE OF MENTAL HEALTH HOLDING THE  TITLE  OF  SECURITY
 HOSPITAL TREATMENT ASSISTANT, SENIOR SECURITY HOSPITAL TREATMENT ASSIST-
 ANT,  SECURITY  HOSPITAL  TREATMENT ASSISTANT SPANISH LANGUAGE, SECURITY
 HOSPITAL SENIOR TREATMENT ASSISTANT SPANISH LANGUAGE, SECURITY  HOSPITAL
 TREATMENT  ASSISTANT SUPERVISOR OR SECURITY HOSPITAL TREATMENT ASSISTANT
 CHIEF, SHALL BE ENTITLED TO FILE AN ELECTION, SUBJECT TO THE  PROVISIONS
 OF ARTICLE FOURTEEN OR ARTICLE FIFTEEN OF THIS CHAPTER, IN ITS ENTIRETY,
 AND  SHALL  BE  SUBJECT  TO  NONE  OF  THE PROVISIONS OF THE ARTICLE NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11194-03-2
              

 A. 7827--A                          2
 
 SELECTED BY THE MEMBER. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY
 EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed  repealed  on  the  one
 hundred eightieth day after it shall have become a law.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would permit members employed as security hospital treatment
 assistants  by the office of mental health a one-time election to switch
 their current plan from an age-55 based plan to a 25-year  service-based
 plan,  or  vice  versa.  Currently,  members so employed must elect plan
 coverage within one year  from  their  employment  in  such  title.  The
 election to switch plans will be irrevocable and the member will forfeit
 all  rights and privileges of their current plan. This bill has a sunset
 provision of 180 days.
   If this bill is enacted during the 2022 legislative session, we antic-
 ipate that there will be an increase of approximately  $1.5  million  in
 the  annual  contributions  of the State of New York for the fiscal year
 ending March 31, 2023. In future years, this cost will vary as the bill-
 ing rates and salary of the affected members change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $15.8 million which will
 be borne by the State of New York as a one-time payment.  This  estimate
 is based on the assumption that payment will be made on March 1, 2023.
   These  estimated  costs  are based on 696 affected members with annual
 salary of approximately $62 million as of March 31, 2021.
   Summary of relevant resources:
   Membership data as of March 31, 2021 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 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, 2021
 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 January 5, 2022, and intended for use only during
 the  2022  Legislative  Session, is Fiscal Note No. 2022-33, prepared by
 the Actuary for the New York State and Local Retirement System.