Bill Text: NY A06862 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Increases benefits payable by the correction officers' variable supplements fund to beneficiaries.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-03-21 - print number 6862a [A06862 Detail]

Download: New_York-2023-A06862-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6862

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees

        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  increasing  benefits payable by the correction officers'
          variable supplements fund to beneficiaries

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  13-194 of the administrative code of the city of
     2  New York is amended by adding a new subdivision 12 to read as follows:
     3    12. In addition to the payments set forth in paragraphs (c) and (d) of
     4  subdivision four of this section, there shall be paid to each  benefici-
     5  ary  on  or about the December fifteenth next succeeding his or her date
     6  of retirement, an amount equal to  the  variable  supplements  payments,
     7  subject  to  the provisions of items (i) and (ii) of subparagraph one of
     8  paragraph (e) of subdivision four of this section, that he or she  would
     9  have  received, had he or she retired on the date of his or her earliest
    10  eligibility for service retirement, in the period measured from (1)  the
    11  later  of (i) such earliest eligibility date and (ii) January first, two
    12  thousand twenty-four and (2) his or her date of retirement.
    13    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY OF BILL: This bill provides certain New York  City  Employees'
        Retirement  System  (NYCERS) Correction officers a lump sum benefit upon
        retirement, commonly referred to as a Deferred  Retirement  Option  Plan
        (DROP),  equal  to the amount of Correction Officer Variable Supplements
        Fund (COVSF) payments such officer would have received if he or she  had
        retired  at  the  later  of their respective earliest service retirement
        eligibility date or January 1, 2024.
          Effective Date: Upon enactment.
          BACKGROUND: Correction officers who  participate  in  NYCERS  and  who
        retire with immediate payability of a service retirement at their earli-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08663-02-3

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        est  service  retirement eligibility date (e.g., after 20 or 25 years of
        credited service) are entitled to receive supplemental non-pension COVSF
        benefits in the amount of $12,000 per calendar year. Correction officers
        who  continue to work beyond their earliest service retirement eligibil-
        ity date are ineligible to receive COVSF payments until retirement, even
        though they would be eligible to retire from service and  receive  COVSF
        benefits.
          IMPACT ON BENEFITS: This bill would provide to NYCERS correction offi-
        cers  who  continue  to  work  beyond  their earliest service retirement
        eligibility date a lump sum DROP payment consisting of the annual  COVSF
        payment  each year beyond the later of their earliest service retirement
        date or January 1, 2024 (i.e., the COVSF payments the retiree would have
        received if he or she had retired at his or her earliest service retire-
        ment eligibility date or January 1, 2024, whichever  is  later)  without
        any adjustment for interest.
          The DROP does not apply to deaths or to disability retirement, even if
        those  events  occur  after  the earliest service retirement eligibility
        date.
          FINANCIAL IMPACT - PRESENT VALUES: Based on the actuarial  assumptions
        and methods described herein, the enactment of this proposed legislation
        would  increase  the Present Value of Future Benefits (PVFB) by approxi-
        mately $76.7 million.
          Under the Entry Age Normal cost method used to determine the  employer
        contributions  to  NYCERS,  there  would  be an increase in the Unfunded
        Accrued Liability (UAL) of approximately $42.8 million and  an  increase
        in the Present Value of future employer Normal Cost of $33.9 million.
          FINANCIAL  IMPACT  -  ANNUAL  EMPLOYER CONTRIBUTIONS: The enactment of
        this proposed legislation would result in an initial increase in  annual
        employer  contributions  for New York City of approximately $9.8 million
        which is the result of an increase in the Normal Cost in addition to the
        UAL payment.
          New UAL attributable to benefit changes are generally  amortized  over
        the remaining working lifetime of those impacted by the benefit changes.
        The  remaining working lifetime for this group is approximately 11 years
        and the increase in UAL was therefore amortized over  a  11-year  period
        (10  payments  under  the  One-Year  Lag Methodology) using level dollar
        payments.
          CENSUS DATA: The estimates presented herein are based  on  the  census
        data used in the Preliminary June 30, 2022 actuarial valuation of NYCERS
        to determine the Preliminary Fiscal Year 2024 employer contributions.
          The  6,711 NYCERS Correction officers as of June 30, 2022 had an aver-
        age age of approximately 42.2 years, and average service of approximate-
        ly 11.6 years.
          ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
        been calculated based on the actuarial assumptions and methods in effect
        for the Preliminary Fiscal Year 2024 employer contributions of NYCERS.
          For the purposes of this Fiscal Note, it is assumed that  the  changes
        would  be  reflected  for  the first time in the June 30, 2022 actuarial
        valuation of NYCERS used to determine employer contributions for  Fiscal
        Year 2024.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the realization of the actuarial assumptions used,  demograph-
        ics  of  the  impacted  population and other factors such as investment,
        contribution, and other risks. If actual experience deviates from  actu-
        arial  assumptions,  the  actual costs could differ from those presented
        herein.

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          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 initial additional administrative costs of NYCERS and other New
        York City agencies to implement the proposed legislation.
          * The impact of this  proposed  legislation  on  Other  Postemployment
        Benefit (OPEB) costs.
          STATEMENT  OF  ACTUARIAL  OPINION:  I, Marek Tyszkiewicz, am the Chief
        Actuary for, and independent of, the New York  City  Retirement  Systems
        and  Pension  Funds. I am an Associate of the Society of Actuaries and a
        Member of the American Academy of Actuaries. I am a member of NYCERS but
        do not believe it impairs my objectivity and 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 2023-38 dated April 25,
        2023 was prepared by the Chief Actuary for the New York City  Employees'
        Retirement  System.  This  estimate  is intended for use only during the
        2023 Legislative Session.
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