NY State Senate Bill 2023-S6054

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2024	reported and committed to finance
Feb 01, 2024	print number 6054a
Feb 01, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
May 23, 2023	reported and committed to finance
Mar 27, 2023	referred to civil service and pensions

Votes

- Mar 12, 2024 - Civil Service And Pensions Committee Vote
  S6054
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Mar 12, 2024
      
      aye (7)
      
      Addabbo Jr.
      
      Chu
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      Weik
  May 23, 2023 - Civil Service And Pensions Committee Vote
  S6054
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 23, 2023
      
      aye (6)
      
      Addabbo Jr.
      
      Chu
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      aye wr (1)
      
      Weik

Bill Amendments

Original

A (Active)

2023-S6054 - Details

Current Committee:: Senate Finance
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §700, R & SS L
Versions Introduced in 2021-2022 Legislative Session:: S8946

2023-S6054 - Summary

Relates to the election of retirement benefits for certain members of the New York state and local employees' retirement system who are employed by the office of mental health.

2023-S6054 - Sponsor Memo

                                 
BILL NUMBER: S6054

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will allow certain individuals employed at OMH to file
an election to change their retirement election during a prescribed
period of time.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision c of Section 700 of the Retirement and
Social Security Law that references a new subdivision d to allow for
provisions of this change.

Section 2 adds a new subdivision d to Section 700 of the Retirement and

Social Security Law that authorizes the individuals covered by this
legislation who are employed at the Office of Mental Health to change
their retirement election during a prescribed period of time.

Section 3 is the effective date.

 
JUSTIFICATION:

Currently, Security Hospital Treatment Assistants ("SHTAs") employed by
OMH have one year from the date of employment commencement to elect
coverage under either a traditional age-based retirement plan, or cover-
age, under the service-based 25-year retirement plan codified in § 89 of
the Retirement and Social Security Law. This legislation will create a
temporary window for these individuals to change their election. Unfor-
tunately, through no fault of their own, many of the individuals
employed as the SHTAs are currently enrolled in the incorrect retirement
plan. For example, some individuals who already have a significant
amount of civil service credit unrelated to the SHTA title and are
approaching 55 years of age, find themselves in the § 89 plan referenced
above since they were never given an opportunity to choose between plans
when they were first employed. Similarly, younger individuals inadvert-
ently enrolled in the traditional age-based retirement plan when they
should have opted for the 25-year service-based plan.

This legislation would open a very short window for these individuals to
reassess and address any issues they may have with their current retire-
ment election.

 
LEGISLATIVE HISTORY:

2021-2022: S.8946 - Referred to Civil Service and Pensions/A.7827-A -
Amend and Recommit to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
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.

2023-S6054 - Bill Text download pdf

                             
                     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.

2023-S6054A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §700, R & SS L
Versions Introduced in 2021-2022 Legislative Session:: S8946

2023-S6054A (ACTIVE) - Summary

Relates to the election of retirement benefits for certain members of the New York state and local employees' retirement system who are employed by the office of mental health.

2023-S6054A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6054A

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will allow certain individuals employed at OMH to file
an election to change their retirement election during a prescribed
period of time.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision c of Section 700 of the Retirement and
Social Security Law that references a new subdivision d to allow for
provisions of this change.

Section 2 adds a new subdivision d to Section 700 of the Retirement and

Social Security Law that authorizes the individuals covered by this
legislation who are employed at the Office of Mental Health to change
their retirement election during a prescribed period of time.

Section 3 is the effective date.

 
JUSTIFICATION:

Currently, Security Hospital Treatment Assistants ("SHTAs") employed by
OMH have one year from the date of employment commencement to elect
coverage under either a traditional age-based retirement plan, or cover-
age, under the service-based 25-year retirement plan codified in § 89 of
the Retirement and Social Security Law. This legislation will create a
temporary window for these individuals to change their election. Unfor-
tunately, through no fault of their own, many of the individuals
employed as the SHTAs are currently enrolled in the incorrect retirement
plan. For example, some individuals who already have a significant
amount of civil service credit unrelated to the SHTA title and are
approaching 55 years of age, find themselves in the § 89 plan referenced
above since they were never given an opportunity to choose between plans
when they were first employed.  Similarly, younger individuals inadvert-
ently enrolled in the traditional age-based retirement plan when they
should have opted for the 25-year service-based plan.

This legislation would open a very short window for these individuals to
reassess and address any issues they may have with their current retire-
ment election.

 
LEGISLATIVE HISTORY:

2021-2022: S.8946 - Referred to Civil Service and Pensions/A.7827-A
Amend and Recommit to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
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.

2023-S6054A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6054--A
 
                        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
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08427-04-4

 S. 6054--A                          2
 
 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.
   §  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 of the New York State and Local Employ-
 ees'  Retirement  System employed as security hospital treatment assist-
 ants by the Office of  Mental  Health  a  one-time  election  to  choose
 between  coverage  under  an  Age-55 plan or a 25-year service plan. Any
 such election will be irrevocable and the member will forfeit all rights
 and privileges of their current plan.  Currently,  members  so  employed
 must  elect  plan coverage within one year from their employment in such
 title.  This bill has a sunset provision of 180 days.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase of approximately  $2.4  million  in
 the  annual  contributions  of the State of New York for the fiscal year
 ending March 31, 2025. In future  years  this  cost  will  vary  but  is
 expected to average 2.7% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $22.1 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, 2025.
   These estimated costs are based on 689 affected  members  employed  by
 the  Office  of  Mental  Health  with annual salary of approximately $79
 million as of March 31, 2023.
   Summary of relevant resources:
   Membership data as of March 31, 2023 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 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, 2023
 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  26,  2024,  and intended for use only
 during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-40,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

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Senate Bill S6054

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Mar 12, 2024 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: Mar 12, 2024

May 23, 2023 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: May 23, 2023

Bill Amendments

2023-S6054 - Details

2023-S6054 - Summary

2023-S6054 - Sponsor Memo

2023-S6054 - Bill Text download pdf

2023-S6054A (ACTIVE) - Details

2023-S6054A (ACTIVE) - Summary

2023-S6054A (ACTIVE) - Sponsor Memo

2023-S6054A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6054

Share this bill

Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

2023-S6054 - Details

2023-S6054 - Summary

2023-S6054 - Sponsor Memo

2023-S6054 - Bill Text download pdf

2023-S6054A (ACTIVE) - Details

2023-S6054A (ACTIVE) - Summary

2023-S6054A (ACTIVE) - Sponsor Memo

2023-S6054A (ACTIVE) - Bill Text download pdf

Comments