Bill Text: NY S03144 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to increasing the earnings limitation for positions of public service; increases the earnings limitation from $35,000 to $50,000 in 2024 and thereafter.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-06-06 - referred to governmental employees [S03144 Detail]

Download: New_York-2023-S03144-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3144--E

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 27, 2023
                                       ___________

        Introduced  by  Sens.  MANNION,  ADDABBO, BORRELLO, CHU, COMRIE, COONEY,
          FERNANDEZ, HARCKHAM, HINCHEY, LANZA, MATTERA, MAYER, PALUMBO, ROLISON,
          SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
          committed  to the Committee on Civil Service and Pensions -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- 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 committee

        AN ACT to amend the retirement and social security law, in  relation  to
          increasing the earning limitations for retired persons in positions of
          public service

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

     1    Section 1. Section 212 of the retirement and social  security  law  is
     2  amended by adding a new subdivision 2-a to read as follows:
     3    2-a.  Notwithstanding  the  provisions  of  subdivision  two  of  this
     4  section, the earnings limitation for retired persons in  a  position  of
     5  public  service  shall  be  increased to fifty thousand dollars from the
     6  year two thousand twenty-four and thereafter.
     7    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would add a new  subdivision  2-a  to  Section  212  of  the
        Retirement  and  Social  Security Law to increase the earnings-after-re-
        tirement limitation to $50,000 for retired members who return to work in
        positions of public employment for calendar year  2024  and  thereafter.
        Currently this earnings limitation is $35,000.
          This  increase  in  the earnings-after-retirement limit is expected to
        have an impact on the Retirement System's patterns of retirement and  it
        is  expected  that  some members will retire earlier than they otherwise

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03862-13-4

        S. 3144--E                          2

        would have. Earlier retirement  generally  increases  plan  costs  since
        members will be receiving their benefits for a longer period. If retire-
        ment patterns shift more than expected, there will be additional costs.
          The  annual  cost  to  the  employers of members of the New York State
        Teachers' Retirement System for this benefit is estimated  to  be  $87.6
        million or 0.45% of payroll if this bill is enacted.
          Member data is from the System's most recent actuarial valuation files
        as of June 30, 2023, consisting of data provided by the employers to the
        Retirement System. The most recent data distributions and statistics can
        be  found  in  the System's Annual Report for fiscal year ended June 30,
        2023. System assets are as reported in the System's financial statements
        and can also be found in the System's Annual Report.  Actuarial  assump-
        tions  and  methods  are  provided  in  the System's Actuarial Valuation
        Report as of June 30, 2023.
          The source of this estimate is Fiscal Note 2024-15 dated March 8, 2024
        prepared by the Office of the Actuary of the New  York  State  Teachers'
        Retirement  System and is intended for use only during the 2024 Legisla-
        tive Session. I, Richard A. Young, am the Chief 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 Actuaries to render the actuarial opinion contained herein.
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