S T A T E O F N E W Y O R K
________________________________________________________________________
6054
2023-2024 Regular Sessions
I N S E N A T E
March 27, 2023
___________
Introduced by Sen. JACKSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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 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
SELECTED BY THE MEMBER. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY
EXECUTED AND FILED WITH THE COMPTROLLER AND SHALL BE IRREVOCABLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08427-02-3
S. 6054 2
§ 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have become a law and shall expire and be deemed repealed on the one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 plan to a 25-year service 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 2023 legislative session, we antic-
ipate that there will be an increase of approximately $1.6 million in
the annual contributions of the State of New York for the fiscal year
ending March 31, 2024. 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 $18.4 million which will
be borne by the State of New York as a one-time payment. This estimate
assumes that payment will be made on March 1, 2024.
These estimated costs are based on 696 affected members employed by
the Office of Mental Health, with annual salary of approximately $73
million as of March 31, 2022.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, 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, 2022
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 March 23, 2023 and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-102, prepared by
the Actuary for the New York State and Local Retirement System.