senate Bill S4706

Amended

Establishes a defined contribution plan

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Apr / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 06 / Feb / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 06 / Feb / 2014
    • PRINT NUMBER 4706A

Summary

Establishes a defined contribution plan for all non-civil service appointees and elected officials of the New York state and local employees' retirement system who are not yet vested in a state retirement system or who are hired after the effective date of this section; authorizes elected officials to join such defined contribution plan; defines terms; provides for contributions to such defined contribution plan; authorizes the promulgation of any necessary rules and regulations.

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Bill Details

Versions:
S4706
S4706A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Add ยง618, R & SS L

Sponsor Memo

BILL NUMBER:S4706

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to establishing a defined contribution plan

PURPOSE: This bill freezes the current retirement tier of all elected
officials and non-civil service appointed employees in New York State,
and creates a new Defined Contribution Plan for all elected officials
and non-civil service appointees in New York State.

SUMMARY OF PROVISIONS: Section 1. Creates the defined contribution
plan and allows the comptroller to adopt rules and regulations
regarding the standards and requirements of the plan.

Applies the defined contribution plans to all elected officials and
non-civil service appointees in the State of New York. Allows the
Comptroller to enter into written agreements with financial
organizations to administer the defined contribution plan, and
establish standards for the selection of financial organizations.

Allows a public employer to provide a, defined contribution plan for
its employees in accordance with the rules and regulations determined
by the Comptroller.

Establishes that employers will be required to contribute three
percent of an elected officials and non-civil-service appointee's
salary. All elected officials and non-civil service appointees as of
the effective date of the legislation.

Section 2. Provides the effective date.

JUSTIFICATION: This legislation seeks to provide savings to the State
and Local Governments by creating a Defined Contribution Plan for all
elected officials and non-civil service appointees in New York State.
In recent months, the costs of administering Defined Benefit Plans
have increased dramatically, and elected officials and non-civil
service appointees should lead by example by freezing their current
retirement plans, and contributing towards a new Defined Contribution
Plan. Going forward, a Defined Contribution Plan for elected officials
and non-civil service appointees will unify the interests of public
servants and the private sector taxpayer.

PRIOR LEGISLATIVE HISTORY: 2010- A. 6932 - Held in Governmental
Employees

LOCAL FISCAL IMPLICATIONS: To be Determined

FISCAL IMPLICATIONS: Pursuant to Legislative Law, Section 50:

This bill would change the retirement plan coverage for existing and
future elected officials and non-civil service appointees who are
employed by the State of New York or any public employer which
participates in the New York State and Local Employees' Retirement
System (NYS&LERS). Affected employees and their employers would be
required to contribute 3% of annual compensation to a defined
contribution plan. The Comptroller shall select one or more financial
organizations to administer the plan and to invest the funds held


pursuant to such plan. Pursuant to Chapter 18 of the Laws of 2012,
participation is optional in a defined contribution plan for nonunion
employees hired on or after July 1, 2013 whose salary is $75,000 or
higher.

This legislation would freeze the benefit accruals of current members
in the NYS&LERS as of the effective date. If this becomes law, this
bill is likely to face a constitutional challenge based upon the
guarantee that a member's benefits may not be diminished.

If this bill is enacted, relatively few members would be affected.
There will not be a cost to the State or the participating employers
in the NYS&LERS.

This estimate, dated February 1, 2012, and intended for use only
during the 2013 Legislative Session, is Fiscal Note No. 2013-76,
prepared by the Actuary for the New York State and Local Employees'
Retirement System.

EFFECTIVE DATE: This act shall take effect on the first of the fiscal
year next succeeding the date on which it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4706

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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
  establishing a defined contribution plan

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 618 to read as follows:
  S 618. DEFINED CONTRIBUTION PLAN. 1. THE DEFINED CONTRIBUTION PLAN  IS
HEREBY  ESTABLISHED.  THE  COMPTROLLER SHALL ADOPT RULES AND REGULATIONS
REGARDING THE STANDARDS AND REQUIREMENTS  OF  THE  DEFINED  CONTRIBUTION
PLAN ESTABLISHED PURSUANT TO THIS SECTION, INCLUDING SELECTION OF FINAN-
CIAL ORGANIZATIONS FOR INVESTMENT PURPOSES.
  2.  A.    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, THE DEFINED
CONTRIBUTION  PLAN  SHALL  BE  ESTABLISHED  FOR  ALL  NON-CIVIL  SERVICE
APPOINTED  EMPLOYEES  AND ELECTED OFFICIALS EMPLOYED BY THE STATE OF NEW
YORK OR ANY PUBLIC EMPLOYER WHICH HAS ELECTED TO PARTICIPATE IN THE  NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM.
  B.  THE  COMPTROLLER  SHALL  ENTER INTO WRITTEN AGREEMENTS WITH ONE OR
MORE FINANCIAL ORGANIZATIONS TO ADMINISTER THE DEFINED CONTRIBUTION PLAN
FOR MEMBERS AND TO INVEST FUNDS HELD PURSUANT TO SUCH PLAN.
  C. THE RULES AND REGULATIONS  PROMULGATED  BY  THE  COMPTROLLER  SHALL
ESTABLISH  STANDARDS  FOR  THE  SELECTION  OF  FINANCIAL  ORGANIZATIONS,
AUTHORIZED TO DO BUSINESS IN THIS STATE, TO PARTICIPATE IN  SUCH  PLANS,
INCLUDING,  BUT  NOT  LIMITED  TO,  THE FOLLOWING CRITERIA: (I) RATES OF
COMMISSION,  BROKERAGE  AND  OTHER  FEES,  ADMINISTRATIVE  EXPENSES  AND
RELATED  SERVICE  CHARGES  IMPOSED  BY  THE FINANCIAL ORGANIZATION; (II)
VARIETY OF TYPES OF INVESTMENT OPPORTUNITIES OFFERED  BY  THE  FINANCIAL
ORGANIZATION  AND/OR  AMONG THE FINANCIAL ORGANIZATIONS SELECTED AND THE
ABILITY TO TRANSFER AMONG SUCH OPPORTUNITIES; (III) THE STABILITY OF THE
FINANCIAL ORGANIZATION AS EVIDENCED BY  EXPERIENCE,  REPUTATION,  ASSETS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06086-02-3

S. 4706                             2

AND HOLDINGS, ABILITY TO GUARANTEE SPECIFIC RATES OF RETURN; (IV) ABILI-
TY  TO  COMPLY  WITH  REPORTING  REQUIREMENTS  TO THE COMPTROLLER AND TO
PARTICIPANTS IN SUCH A PLAN; AND (V) SUCH OTHER FACTORS WHICH  WOULD  BE
CONSIDERED BY A PRUDENT INVESTOR IN SUCH A PLAN.
  D. THE PRESIDENT OF THE STATE CIVIL SERVICE COMMISSION, SUBJECT TO THE
RULES  AND  REGULATIONS  OF THE COMPTROLLER, SHALL PROVIDE ASSISTANCE TO
ANY PUBLIC EMPLOYER AS IS APPROPRIATE TO THE PROVISIONS OF THIS SECTION.
  3. A PUBLIC EMPLOYER SHALL CONTRIBUTE THREE PERCENT OF  SUCH  AFFECTED
EMPLOYEE'S  ANNUAL  SALARY  TOWARDS  SUCH DEFINED CONTRIBUTION PLAN. ALL
NON-CIVIL SERVICE APPOINTED EMPLOYEES AND ELECTED OFFICIALS ARE REQUIRED
TO CONTRIBUTE THREE PERCENT OF THEIR SALARY TOWARDS THE DEFINED CONTRIB-
UTION PLAN.  SUCH EMPLOYEES MAY CONTRIBUTE UP TO  ONE  HUNDRED  PERCENT,
NOT TO EXCEED SIXTEEN THOUSAND FIVE HUNDRED DOLLARS OF HIS OR HER SALARY
TOWARDS THE DEFINED CONTRIBUTION PLAN.
  4.  THE  TERM  "FINANCIAL  ORGANIZATION"  SHALL  MEAN  AN ORGANIZATION
AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW YORK AND (A) WHICH  IS  AN
AUTHORIZED  FIDUCIARY  TO ACT AS A TRUSTEE PURSUANT TO THE PROVISIONS OF
AN ACT OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT INCOME SECURITY ACT  OF
1974"  AS SUCH PROVISIONS MAY BE AMENDED FROM TIME TO TIME, OR AN INSUR-
ANCE COMPANY; AND (B) (I) IS LICENSED OR CHARTERED BY THE DEPARTMENT  OF
FINANCIAL  SERVICES;  (II)  IS  CHARTERED  BY  AN  AGENCY OF THE FEDERAL
GOVERNMENT; (III) IS SUBJECT TO THE JURISDICTION AND REGULATION  OF  THE
SECURITIES AND EXCHANGE COMMISSION OF THE FEDERAL GOVERNMENT; OR (IV) IS
ANY  OTHER ENTITY OTHERWISE AUTHORIZED TO ACT IN THIS STATE AS A TRUSTEE
PURSUANT TO THE PROVISIONS OF AN  ACT  OF  CONGRESS  ENTITLED  "EMPLOYEE
RETIREMENT  INCOME  SECURITY  ACT  OF  1974"  AS  SUCH PROVISIONS MAY BE
AMENDED FROM TIME TO TIME.
  5. THE  CURRENT  RETIREMENT  PLANS  FOR  NON-CIVIL  SERVICE  APPOINTED
EMPLOYEES AND ELECTED OFFICIALS SHALL BE FROZEN AS OF THE EFFECTIVE DATE
OF THIS SECTION. NON-CIVIL SERVICE APPOINTED EMPLOYEES AND ELECTED OFFI-
CIALS  SHALL  NO  LONGER  CONTRIBUTE  TO  THEIR CURRENT RETIREMENT PLAN,
HOWEVER, SUCH PERSONS SHALL RECEIVE THE BENEFITS THEY HAVE ACCRUED UP TO
THE EFFECTIVE DATE OF THIS SECTION UPON RETIREMENT.  THE MEMBERSHIP OF A
NON-CIVIL SERVICE APPOINTED EMPLOYEE OR ELECTED OFFICIAL  IN  ANY  STATE
RETIREMENT SYSTEM SHALL REMAIN OPEN IF HE OR SHE BECOMES A MEMBER OF THE
DEFINED CONTRIBUTION PLAN.
  S  2.  This act shall take effect on the first of the fiscal year next
succeeding the date on which it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would change the retirement plan coverage for certain exist-
ing and future elected officials and non-civil  service  appointees  who
are  employed  by  the  State  of  New York or any public employer which
participates in the New  York  State  and  Local  Employees'  Retirement
System  (NYS&LERS).  Affected  employees  and  their  employers would be
REQUIRED to contribute 3% of annual compensation to a  defined  contrib-
ution plan. The Comptroller shall select one or more financial organiza-
tions  to  administer  the plan and to invest the funds held pursuant to
such plan. Pursuant to Chapter 18 of the Laws of 2012, participation  is
OPTIONAL in a defined contribution plan for non-union employees hired on
or after July 1, 2013 whose salary is $75,000 or higher.
  This  legislation would freeze the benefit accruals of current members
in the NYS&LERS as of the effective date. If this becomes law, this bill

S. 4706                             3

is likely to face a constitutional challenge based  upon  the  guarantee
that a member's benefits may not be diminished.
  If  this  bill  is  enacted, relatively few members would be affected.
There will not be a cost to the State or the participating employers  in
the NYS&LERS.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated February 1, 2013 and intended for use only during
the  2013  Legislative  Session, is Fiscal Note No. 2013-76, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.

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