EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03546-03-1
S. 5559 2
(6) the city university of New York as defined in subdivision 2 of
section 6202 of the education law;
(7) the unified court system;
(8) the senate;
(9) the assembly; and
(10) joint legislative employers.
(c) "Participating employer" means an employer, other than a state
employer, which participates in a retirement system. Such term shall
include a community college operating under the program of state univer-
sity of New York.
(d) "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 pursuant to section 4201 of the education
law, or a school district pursuant to section 1 of chapter 566 of the
laws of 1967, as amended.
(e) (1) "Eligible employee" means a person who is a member of a
retirement system who is an employee in the executive branch of a state
employer or an employee of a state employer or a participating employer
who has attained fifty years of age and has at least twenty-five years
of creditable service or has attained fifty-five years of age and has at
least ten years of creditable service in a retirement system, but such
term shall not include the following persons:
(i) elected officials, judges or justices appointed to or serving in a
court of record and acting village justices;
(ii) chief administrative officers of participating employers which
participate in a teachers' retirement system;
(iii) officers described in sections 4, 41-a, 46, 61, 70, 70-a, 169
(including those officers whose salary is established pursuant to salary
plans described in subdivision 3 of section 169), 180 and subdivision 1
of section 41 of the executive law and any agency or department head
appointed by the governor, comptroller or attorney general;
(iv) appointed members of boards or commissions, any of whose members
are appointed by the governor or by another state officer or body;
(v) nonjudicial officers and employees of the unified court system,
unless the chief administrator of the courts elects as provided herein,
which election shall cover only nonjudicial officers and employees hold-
ing positions in any title in the classified service of the unified
court system;
(vi) officers or employees of the senate unless the senate adopts a
resolution authorizing the temporary president to file the election as
provided in this subdivision;
(vii) officers or employees of the assembly unless the assembly adopts
a resolution authorizing the speaker of the assembly to file the
election as provided in this subdivision; and
(viii) officers or employees of joint legislative employers unless:
a. with respect to officers or employees of the legislative library,
legislative messenger service, legislative health service, legislative
ethics committee, the legislative bill drafting commission, and the
joint line of the legislative task force on demographic research and
reapportionment, the senate and assembly adopt a concurrent resolution
authorizing the temporary president of the senate and the speaker of the
assembly to jointly file an election as provided in this subdivision;
b. with respect to officers or employees of components of the senate
as identified pursuant to section 90 of the legislative law, the senate
adopts a resolution authorizing the temporary president to file an
S. 5559 3
election for officers or employees of those components designated in
such resolution; and
c. with respect to officers or employees of components of the assembly
as identified pursuant to section 90 of the legislative law, the assem-
bly adopts a resolution authorizing the speaker of the assembly to file
an election for officers or employees of those components designated in
such resolution.
(2) Any election under subparagraphs (v) through (viii) of paragraph
one of this subdivision to make available the retirement incentive
provided by this act shall be in writing and filed with the state comp-
troller not later than ninety days after the effective date of this act.
Notwithstanding any other provision of this act, each such filing shall
specify the commencement date of the open period.
(3) For the purposes of paragraph (vi), (vii) or (viii) of paragraph
one of this subdivision, an employee of the legislature shall be as such
term is defined in section 7-a, 7-b or 7-d of the legislative law or by
any other provision of law which classifies employees of an entity to be
legislative employees for all purposes, but shall not include senators
or members of the assembly. The term "joint legislative employer" shall
mean legislative commissions, committees, task forces, councils or simi-
lar bodies whose membership is comprised of both senators and assembly
members, or which consist of commissioners, or the majority of whose
membership is appointed by one or more of the following: the temporary
president of the senate, the speaker of the assembly, the minority lead-
er of the senate, and/or the minority leader of the assembly. The tempo-
rary president of the senate and the speaker of the assembly shall be
the joint legislative employer of the employees of the legislature
referred to in sections 7-a and 7-b of the legislative law.
(f) "College faculty" means an employee, not in the classified
service, of a state employer described in paragraphs 2, 3, 4, 5 and 6 of
subdivision (b) of this section or of a community college who is a
member of a teachers' retirement system, or the New York state and local
employees' retirement system.
(g) "Active service" means service while being paid on the payroll,
provided that:
(1) a leave of absence with pay shall be deemed active service;
(2) other approved leave without pay not to exceed twelve weeks from
February 1, 2021 and the commencement of the designated open period; and
(3) the period of time subsequent to the June 2021 school term and on
or before August 31, 2021 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.
(h) "Open period" means the period beginning with the commencement
date as defined in subdivision (i) of this section and shall be ninety
days in length, provided however that there shall be only one such open
period and any such period shall not extend beyond September 30, 2021
for a state employer and December 31, 2021 for a participating employer.
For educational employers who make election after July 15, 2021, the
open period shall begin immediately after such election, and shall not
extend beyond October 15, 2021. For the purposes of retirement pursuant
to this act, a service retirement application shall 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 peri-
od of time is permitted under law.
(i) "Commencement date" means the first day the retirement benefit
mandated by this act shall be made available, which shall mean a date or
S. 5559 4
dates on or after the effective date of this act to be determined by the
director of state operations for the executive branch of the state, or
for any other state employer or any participating employer which elects
to participate pursuant to section four of this act, a date on or after
the effective date of this act, provided, however, that for an educa-
tional employer which elects to participate pursuant to subdivision (d)
of this section, the commencement date shall be July 15, 2021 or imme-
diately after election of the retirement incentive for educational
employers who elect after July 15, 2021 and provided, further that for
participating employers which elect to participate pursuant to section
four of this act, except the city of New York and participating employ-
ers which are not empowered to act by local law, the commencement date
shall be November 1, 2021. The director of state operations shall notify
the head of the appropriate retirement system of the date of the open
period applicable to employees of the executive branch or of a state
employer prior to the commencement date.
§ 3. (a) A state employer which elects to participate pursuant to
section four of this act, a participating employer which is not
empowered to act by local law which elects to participate pursuant to
section four of this act, or the city of New York, if it elects to
participate pursuant to section four of this act shall establish a
commencement date for the retirement benefit established under section
six of this act in the following manner:
(1) for the executive branch, the director of state operations shall
establish the commencement date in writing to the appropriate retirement
system;
(2) for state employers described in paragraphs 2, 3, 4, 5 and 6 of
subdivision (b) of section two of this act and participating employers
that are not empowered to act by local law, its governing body shall
adopt a resolution establishing a commencement date;
(3) for state employers described in paragraphs 7, 8, 9 and 10 of
subdivision (b) of section two of this act, the person or persons who
make the election to offer the retirement incentive shall establish a
commencement date in writing to the appropriate retirement system; and
(4) for the city of New York, the chief executive officer shall issue
an executive order establishing the commencement date, provided, howev-
er, no executive order, in the case of the city of New York issued
pursuant to this section, shall in any manner supersede any local char-
ter. A copy of any such resolution or executive order in the case of
the city of New York establishing a commencement date shall be filed
with the appropriate retirement system or systems, and, if applicable,
on forms provided by such system. The resolution or executive order in
the case of the city of New York shall be accompanied by the affidavit
of the chief executive officer or other comparable official certifying
the commencement date.
(b) A state employer, participating employer which is not empowered to
act by local law which elects to participate pursuant to section four of
this act, or the city of New York if it elects to participate pursuant
to section four of this act shall be required to establish a commence-
ment date under subdivision (a) of this section for the retirement bene-
fit established under section six of this act. In the event that a state
employer, a participating employer which is not empowered to act by
local law which elects to participate pursuant to section four of this
act, or the city of New York if it elects to participate pursuant to
section four of this act fails to establish a commencement date for the
retirement benefit established under section six of this act, the
S. 5559 5
commencement date for the eligible employees of a state employer shall
be July 15, 2021. The commencement date for the eligible employees of
all other employers referenced in this subdivision shall be September 1,
2021.
§ 4. On or before September 1, 2021, a participating employer or a
state employer described in paragraphs 2, 3, 4, 5 and 6 of subdivision
(b) of section two of this act may elect to provide its employees the
retirement incentive authorized by this act by:
(a) the enactment of a local law; or
(b) in the case of a participating employer which is not so empowered
to act by local law or a state employer described in paragraphs 2, 3, 4,
5 and 6 of subdivision (b) of section two of this act, by the adoption
of a resolution of its governing body, provided however, no local law or
resolution enacted pursuant to this section shall in any manner super-
sede any local charter, provided further, that for an educational
employer such election shall be made thirty days after the effective
date of this act. For a community college operating under the program
of state university of New York, such election shall be made by the
board of trustees of such community college subject to the approval of
its sponsor. 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 or resolution shall be accompa-
nied by the affidavit of the chief executive officer or other comparable
official certifying the validity of such local law or resolution. The
executive branch of the state shall be deemed to have made an election
under this section upon its enactment.
§ 5. Notwithstanding any other provision of law, any eligible employee
who has been continuously in the active service of a state employer or
of a participating employer from February 1, 2021 to the date immediate-
ly prior to the commencement date of the applicable open period, files
an application for service retirement that is effective during the open
period, and is eligible for a service retirement pursuant to this act
because he or she has attained the age of fifty and has at least twen-
ty-five years of creditable service or has attained the age of fifty-
five and has at least ten years of creditable service, as of the effec-
tive date of the application for retirement shall be entitled to the
retirement benefit provided in section six of this act.
§ 6. (a) Notwithstanding any other provision of law, an eligible
employee who is a member of a retirement system and who is entitled to a
retirement benefit 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
fifty and has completed at least twenty-five years of creditable service
or has attained the age of fifty-five and has completed at least ten
years of creditable 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 director of state operations, the chief executive officer of
the city of New York, or chief executive officer or governing board, as
appropriate, of the participating employer may deny participation in the
retirement benefit provided by subdivision (a) of this section if the
director of state operations, the chief executive officer of New York
city or the chief executive officer or governing board of the partic-
ipating employer makes a determination that the employee holds a posi-
S. 5559 6
tion that is deemed critical to the maintenance of public health and
safety.
(c) The action of the director of state operations, the chief execu-
tive officer of the city of New York, or chief executive officer or
governing board, as appropriate, of the participating employer in deny-
ing 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.
(d) After making any such determination under subdivision (b) of this
section, the director of state operations, the chief executive officer
of the city of New York and the chief executive officer or governing
board, as appropriate, of the participating employer shall notify the
appropriate retirement system or teachers' retirement system of its
determination.
§ 7. The pension benefit costs of section six of this act shall be
paid by employers as provided by applicable law for each 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. 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
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.
§ 9. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow retirement at age 50 for certain members of the
New York State and Local Employees' Retirement System, New York State
Teachers Retirement System, New York City Teachers Retirement System,
New York City Board of Education and the New York City Employees'
Retirement System who have accrued at least 25 years of creditable
service. It would also eliminate the early retirement reductions for
members who have attained age 55 and have accrued at least 10 years of
creditable service.
The exact number of members who would be affected by this cannot be
readily determined.
If this bill is enacted during the 2021 legislative session, the addi-
tional cost for each member who receives these benefits will vary
depending on the member's age, years of service, plans and final average
salary. Eliminating the early age reductions for members retiring after
attaining age 55 with at least 10 years of service credit is estimated
to cost (on average for the group) 160% of the member's final average
salary. Extending retirement eligibility to members who have attained
age 50 with at least 25 years of service credit is estimated to cost (on
average for the group) 160% of the member's final average salary. The
estimated costs are identical. The final costs will be borne by each
employer electing the incentive.
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-
S. 5559 7
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 February 9, 2021, and intended for use only
during the 2021 Legislative Session, is Fiscal Note No. 2021-31,
prepared by the actuary for the New York State and Local Retirement
System.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill (legislative bill draft 03546-01-1) would provide a tempo-
rary retirement incentive to retirement system members throughout the
state and NYC during fiscal year 2021-2022. This fiscal note concerns
its impact on the New York State Teachers' Retirement System. This
incentive would permit eligible members to retire without an early
retirement reduction upon attainment of at least age 50 with 25 years of
service, or at least age 55 with 10 years of service. Currently attain-
ment 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. Currently 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 open period, beginning on or after July 15, 2021 and not
extending beyond October 15, 2021. Chief administrative officers of
educational employers are not eligible to participate in this retirement
incentive. Employers who elect to participate would pay the cost of the
retirement incentive over a period not to exceed five years, beginning
in the state fiscal year ending March 31, 2023.
The estimated increase in the present value of benefits due to this
temporary retirement incentive is approximately $1.118 billion. The
estimated annual cost, over a five-year period, to the participating
employers of members of the New York State Teachers' Retirement System
for this retirement incentive benefit is estimated to be $298.6 million,
or 1.76% of payroll if this bill is enacted. Employers who elect to
participate in this retirement incentive will be billed for their indi-
vidual members who retire under the incentive.
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
S. 5559 8
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 2021-17 dated March 9, 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.
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 meet enumerated crite-
ria, to elect immediate unreduced retirement.
The ERI Program is contingent upon a participating employer electing
the ERI on or before September 1, 2021, but no later than 90 days after
the effective date of the proposed legislation. Eligible NYCRS members
would have a 90-day open period following the commencement date to
retire under the ERI Program which would remove the application of early
retirement reduction factors contained in Articles 11 and 15 for quali-
fying members.
A member is eligible to participate in the ERI Program if he or she is
age 50 or older and has at least 25 years of service, or is age 55 or
older and has at least 10 years of service. In addition, members must
also:
Be in continuous active service from February 1, 2021 to the date
immediately preceding the commencement date of the open period;
File for service retirement that is effective within the open period.
For purposes of this Fiscal Note, members covered by Article 14 are
assumed to not benefit from the proposed legislation and have therefore
been excluded.
Effective Date: Upon enactment
FINANCIAL IMPACT - OVERVIEW: There is no credible data available to
estimate the number of members who will retire under the ERI Program and
potentially benefit from this proposed legislation. Therefore, the esti-
mated financial impact has been calculated on a per event basis equal to
the average increase in the Present Value of future employer contrib-
utions 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 future 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.
S. 5559 9
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:
Additional
Present Value of Estimated Annual
NYCRS Future Employer Employer
Contributions Contributions
($ Per Person) ($ Per Person)
NYCERS $101,400 $31,000
TRS 51,400 15,700
BERS 79,400 24,200
Average $89,300 $27,300
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, 2020 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 2022.
CENSUS DATA: For purposes of this Fiscal Note, it was assumed that the
census data had the same age, gender, and service characteristics as the
census data used in the Preliminary June 30, 2019 (Lag) actuarial valu-
ations of NYCERS, TRS, and BERS to determine the Preliminary Fiscal Year
2021 employer contributions. Active members' salaries have been adjusted
to reflect estimated salary increases from June 30, 2019 to June 30,
2020.
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).
Census Data
Potential Elections Count Avg Age Avg Svc Avg Salary
NYCERS 24,764 56.8 23.7 $86,900
TRS 12,555 56.5 20.3 99,600
BERS 2,147 57.1 20.1 63,300
Total 39,466 56.7 22.4 $89,700
Assumed to Elect Count Avg Age Avg Svc Avg Salary
NYCERS 18,237 56.7 26.7 $88,000
TRS 5,537 55.2 25.2 109,400
BERS 1,034 57.5 25.8 67,800
Total 24,808 56.4 26.3 $91,900
ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
future employer contributions and annual employer contributions
S. 5559 10
presented herein have been calculated based on the actuarial assumptions
and methods in effect for the June 30, 2019 (Lag) actuarial valuations
used to determine the Preliminary Fiscal Year 2021 employer contrib-
utions of NYCERS, TRS, and BERS.
The Actuary is proposing a set of changes for use in the June 30, 2019
(Lag) actuarial valuations of NYCRS to determine the Final Fiscal Year
2021 Employer Contributions (2021 A&M). If the 2021 A&M is enacted it is
estimated that it would produce increases in the Present Value of
Employer Contributions and annual employer contributions that are
approximately 1.5% larger than the results shown above.
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 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 Bene-
fit (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 2021-07 dated February
26, 2021 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 2021 Legislative Session.
