S. 4236 2
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM.
§ 2. Subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph 1 of
subdivision a, subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph
2 of subdivision a, paragraphs 1, 2, 3, 4 and 5 of subdivision f and
paragraphs 1, 2, 3, 4 and 5 of subdivision g of section 613 of the
retirement and social security law, subparagraphs (i), (ii), (iii), (iv)
and (v) of paragraph 1 and subparagraphs (i), (ii), (iii), (iv) and (v)
of paragraph 2 of subdivision a as amended by chapter 510 of the laws of
2015 and paragraphs 1, 2, 3, 4 and 5 of subdivision f and paragraphs 1,
2, 3, 4 and 5 of subdivision g as added by chapter 18 of the laws of
2012, are amended to read as follows:
(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages. ON APRIL ONE,
TWO THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS
SUBPARAGRAPH SHALL BE INCREASED BY THREE PER CENTUM;
(ii) members with wages greater than forty-five thousand per annum,
but not more than fifty-five thousand per annum shall contribute three
and one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM;
(iii) members with wages greater than fifty-five thousand per annum,
but not more than seventy-five thousand per annum shall contribute four
and one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM;
(iv) members with wages greater than seventy-five thousand per annum
but not more than one hundred thousand per annum shall contribute five
and three-quarters per centum of annual wages. ON APRIL ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM; and
(v) members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON APRIL ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM.
(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages. ON APRIL ONE,
TWO THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS
SUBPARAGRAPH SHALL BE INCREASED BY THREE PER CENTUM;
(ii) members with wages greater than forty-five thousand per annum,
but not more than fifty-five thousand per annum shall contribute three
and one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM;
(iii) members with wages greater than fifty-five thousand per annum,
but not more than seventy-five thousand per annum shall contribute four
and one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM;
(iv) members with wages greater than seventy-five thousand per annum
but not more than one hundred thousand per annum shall contribute five
and three-quarters per centum of annual wages. ON APRIL ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM; and
(v) members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON APRIL ONE, TWO THOU-
S. 4236 3
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM.
1. members with wages of forty-five thousand dollars per annum or less
shall contribute three per centum of annual wages. ON APRIL ONE, TWO
THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS
SUBPARAGRAPH SHALL BE INCREASED BY THREE PER CENTUM;
2. members with wages greater than forty-five thousand per annum, but
not more than fifty-five thousand per annum shall contribute three and
one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
3. members with wages greater than fifty-five thousand per annum, but
not more than seventy-five thousand per annum shall contribute four and
one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
4. members with wages greater than seventy-five thousand per annum but
not more than one hundred thousand per annum shall contribute five and
three-quarters per centum of annual wages. ON APRIL ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM; and
5. members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON APRIL ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM.
1. members with wages of forty-five thousand dollars per annum or less
shall contribute three per centum of annual wages. ON JULY ONE, TWO
THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS
SUBPARAGRAPH SHALL BE INCREASED BY THREE PER CENTUM;
2. members with wages greater than forty-five thousand per annum, but
not more than fifty-five thousand per annum shall contribute three and
one-half per centum of annual wages. ON JULY ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
3. members with wages greater than fifty-five thousand per annum, but
not more than seventy-five thousand per annum shall contribute four and
one-half per centum of annual wages. ON JULY ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
4. members with wages greater than seventy-five thousand per annum but
not more than one hundred thousand per annum shall contribute five and
three-quarters per centum of annual wages. ON JULY ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM; and
5. members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON JULY ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM.
§ 3. Subdivisions a, b, c, d and e of section 1204 of the retirement
and social security law, as added by chapter 18 of the laws of 2012, are
amended to read as follows:
a. members with wages of forty-five thousand dollars per annum or less
shall contribute three per centum of annual wages. ON APRIL ONE, TWO
THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBDI-
VISION SHALL BE INCREASED BY THREE PER CENTUM;
S. 4236 4
b. members with wages greater than forty-five thousand per annum, but
not more than fifty-five thousand per annum shall contribute three and
one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBDIVISION SHALL BE
INCREASED BY THREE PER CENTUM;
c. members with wages greater than fifty-five thousand per annum, but
not more than seventy-five thousand per annum shall contribute four and
one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBDIVISION SHALL BE
INCREASED BY THREE PER CENTUM;
d. members with wages greater than seventy-five thousand per annum but
not more than one hundred thousand per annum shall contribute five and
three-quarters per centum of annual wages. ON APRIL ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBDIVISION
SHALL BE INCREASED BY THREE PER CENTUM; and
e. members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON APRIL ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBDIVI-
SION SHALL BE INCREASED BY THREE PER CENTUM.
§ 4. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
182 of the education law, as added by chapter 18 of the laws of 2012,
are amended to read as follows:
(a) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages. ON APRIL ONE,
TWO THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS
PARAGRAPH SHALL BE INCREASED BY THREE PER CENTUM;
(b) members with wages greater than forty-five thousand per annum, but
not more than fifty-five thousand per annum shall contribute three and
one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS PARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
(c) members with wages greater than fifty-five thousand per annum, but
not more than seventy-five thousand per annum shall contribute four and
one-half per centum of annual wages. ON APRIL ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS PARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
(d) members with wages greater than seventy-five thousand per annum
but not more than one hundred thousand per annum shall contribute five
and three-quarters per centum of annual wages. ON APRIL ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS PARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM; and
(e) members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON APRIL ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS PARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM.
§ 5. Subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph (d) of
subdivision 2 of section 392 of the education law, as added by chapter
18 of the laws of 2012, are amended to read as follows:
(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages. ON JULY ONE, TWO
THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS
SUBPARAGRAPH SHALL BE INCREASED BY THREE PER CENTUM;
(ii) members with wages greater than forty-five thousand per annum,
but not more than fifty-five thousand per annum shall contribute three
and one-half per centum of annual wages. ON JULY ONE, TWO THOUSAND TWEN-
S. 4236 5
TY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH SHALL
BE INCREASED BY THREE PER CENTUM;
(iii) members with wages greater than fifty-five thousand per annum,
but not more than seventy-five thousand per annum shall contribute four
and one-half per centum of annual wages. ON JULY ONE, TWO THOUSAND TWEN-
TY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH SHALL
BE INCREASED BY THREE PER CENTUM;
(iv) members with wages greater than seventy-five thousand per annum
but not more than one hundred thousand per annum shall contribute five
and three-quarters per centum of annual wages. ON JULY ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM; and
(v) members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON JULY ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARA-
GRAPH SHALL BE INCREASED BY THREE PER CENTUM.
§ 6. Subparagraphs 1, 2, 3, 4 and 5 of paragraph (d) of subdivision 2
of section 6252 of the education law, as added by chapter 18 of the laws
of 2012, are amended to read as follows:
(1) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages. ON JULY ONE, TWO
THOUSAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS
SUBPARAGRAPH SHALL BE INCREASED BY THREE PER CENTUM;
(2) members with wages greater than forty-five thousand per annum, but
not more than fifty-five thousand per annum shall contribute three and
one-half per centum of annual wages. ON JULY ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS SUBPARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
(3) members with wages greater than fifty-five thousand per annum, but
not more than seventy-five thousand per annum shall contribute four and
one-half per centum of annual wages. ON JULY ONE, TWO THOUSAND TWENTY-
TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS PARAGRAPH SHALL BE
INCREASED BY THREE PER CENTUM;
(4) members with wages greater than seventy-five thousand per annum
but not more than one hundred thousand per annum shall contribute five
and three-quarters per centum of annual wages. ON JULY ONE, TWO THOUSAND
TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS PARAGRAPH SHALL
BE INCREASED BY THREE PER CENTUM; and
(5) members with wages greater than one hundred thousand per annum
shall contribute six per centum of annual wages. ON JULY ONE, TWO THOU-
SAND TWENTY-TWO, AND EVERY YEAR THEREAFTER, THE WAGES IN THIS PARAGRAPH
SHALL BE INCREASED BY THREE PER CENTUM.
§ 7. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
§ 8. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would increase the wage ranges to which the 3%, 3.5%, 4.5%,
5.75% and 6% contribution rates are applied for tier 6 members beginning
on April 1, 2022 and every year thereafter by 3%.
The current contribution rates and wage ranges are:
3% for wages of $45,000 or less
3.5% for wages greater than $45,000 and less than or equal to $55,000
4.5% for wages greater than $55,000 and less than or equal to $75,000
5.75% for wages greater than $75,000 and less than or equal to $100,000
6.0% for wages greater than $100,000
S. 4236 6
Insofar as this bill affects the New York State and Local Employees'
Retirement System (NYSLERS), if this legislation is enacted during the
2021 legislative session, there will be an increase in the present value
of future costs of approximately $428 million which would be shared by
the State of New York and all of the participating employers in the
NYSLERS. The estimated first year cost would be approximately $21.0
million to the State of New York and approximately $30.3 million to the
participating employers in the NYSLERS.
Insofar as this bill affects the New York State and Local Police and
Fire Retirement System (NYSLPFRS), if this legislation is enacted during
the 2021 legislative session, there will be an increase in the present
value of future costs of approximately $9.37 million which would be
shared by the State of New York and all of the participating employers
in the NYSLPFRS. The estimated first year cost would be approximately
$199,000 to the State of New York and approximately $832,000 to the
participating employers in the NYSLPFRS.
Summary of relevant resources:
Membership data as of March 31, 2020 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2020 actuari-
al valuation. Distributions and other statistics can be found in the
2020 Report of the Actuary and the 2020 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
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, 2020
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 8, 2021, and intended for use only during
the 2021 Legislative Session, is Fiscal Note No. 2021-21, prepared by
the Actuary for the New York State and Local Retirement System.