senate Bill S7326

Relates to the disability benefits of members of the New York City police pension fund

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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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  • 12 / May / 2014
    • REFERRED TO CITIES
  • 29 / May / 2014
    • 1ST REPORT CAL.1039
  • 02 / Jun / 2014
    • 2ND REPORT CAL.
  • 03 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to the disability benefits of members of the New York City police pension fund.

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Bill Details

See Assembly Version of this Bill:
A9594
Versions:
S7326
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd §13-254, NYC Ad Cd; amd §§506, 507, 510, 511 & 512, R & SS L

Votes

5
0
5
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S7326

TITLE OF BILL: An act to amend the administrative code of the city of
New York and the retirement and social security law, in relation to
the disability benefits of members of the New York city police pension
fund

PURPOSE: Provides equal disability benefits to all police officers in
New York State.

SUMMARY OF PROVISIONS: Extends Tier 2 Disability benefits to certain
police officers in Tier 3 of the retirement system within the city of
New York.

JUSTIFICATION: In 2009 Governor Patterson vetoed a Tier 2 extension
bill for all New York State Police and Fire pension members. Shortly
thereafter most of the State Police and Fire unions negotiated with
management and agreed to a Tier 5 benefit plan. The Mayor of New York
City would not agree to the same benefits resulting in no new pension
plan agreement covering New York City Police and Fire members. This
inability to get a new pension plan resulted in New York City Police
and Fire members defaulting into the original Tier 3 pension plan.
This Plan grants very limited disability benefits, only 50% of pay
which is reduced by 50% of a social security benefit. Both Tier 2,
which covers approximately 75% of the current New York City Police
force and Tier 5 which covers all the new police hires in the
remainder of the State, receive 75% of pay with no social security
offset. An example of the difference in these benefits may soon play
out in the tragedy that occurred recently with a fire in Coney Island.
The officer that remains alive is a Tier 3 member and if she were
unable to work and forced to get disability benefits, we estimate
those benefits at $22,000 a year while if she were a Tier 2 member we
estimate her benefit to be about $39,000 a year. It is for police
officers like these that we ask the legislature to approve this bill
and grant to newly hired New York City Police officers the same
disability benefits provided to Police officers throughout New York
State.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: See the bill.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become law.

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

                                  7326

                            I N  S E N A T E

                              May 12, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the city of New York and  the
  retirement  and  social  security  law,  in relation to the disability
  benefits of members of the New York city police pension fund

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

  Section  1.  Subdivisions a and b of section 13-254 of the administra-
tive code of the city of New York, subdivision a as amended  by  chapter
438 of the laws of 1986, are amended to read as follows:
  a.  Once  each  year  the  board  may, and upon his or her application
shall, require any disability pensioner, under the minimum age or period
for service retirement elected by him or her, OR ANY DISABILITY PENSION-
ER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF
THE RETIREMENT AND SOCIAL SECURITY LAW, AND WHO IS UNDER  EARLY  RETIRE-
MENT  AGE  AS  DEFINED IN SECTION FIVE HUNDRED ONE OF THE RETIREMENT AND
SOCIAL SECURITY LAW FOR POLICE/FIRE MEMBERS to undergo medical  examina-
tion.  Such  examination shall be made at the place of residence of such
beneficiary or other place mutually agreed upon. Upon the completion  of
such examination the medical board shall report and certify to the board
whether such beneficiary is or is not totally or partially incapacitated
physically  or mentally and whether he or she is or is not engaged in or
able to engage in a gainful occupation. If the board concurs in a report
by the medical board that such beneficiary is able to engage in a  gain-
ful  occupation, he or she shall certify the name of such beneficiary to
the appropriate civil service commission, state or municipal,  and  such
commission  shall  place his or her name as a preferred eligible on such
appropriate lists of candidates as are prepared for appointment to posi-
tions for which he or she is stated to be qualified. Should such benefi-
ciary be engaged in a gainful occupation, or should he or she be offered
city-service as a result of the placing of his or her name  on  a  civil
service list, such board shall reduce the amount of his or her disabili-
ty  pension  and his or her pension-for-increased-take-home-pay, if any,
to an amount which, when added to that then earned by  him  or  her,  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15042-02-4

S. 7326                             2

earnable  by him or her in city-service so offered him or her, shall not
exceed the current maximum salary for the title next  higher  than  that
held by him or her when he or she was retired. Should the earning capac-
ity of such beneficiary be further altered, such board may further alter
his  or  her pension and his or her pension-for-increased-take-home-pay,
if any, to an amount which shall not exceed the rate of pension and  his
or her pension-for-increased-take-home-pay, if any, upon which he or she
was  originally  retired  but  which,  subject to such limitation, shall
equal, when added to that earnable by him or her,  the  current  maximum
salary for the title next higher than that held by him or her when he or
she  was  retired. The provisions of this section shall be executed, any
provision of the charter or the code to the contrary notwithstanding.
  b. Should any disability pensioner, under the minimum  age  or  period
for service retirement elected by him or her, OR ANY DISABILITY PENSION-
ER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF
THE  RETIREMENT  AND SOCIAL SECURITY LAW, AND WHO IS UNDER EARLY RETIRE-
MENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF  THE  RETIREMENT  AND
SOCIAL  SECURITY  LAW  FOR  POLICE/FIRE MEMBERS, refuse to submit to one
medical examination in any year by a physician or physicians  designated
by  the medical board, his or her pension and his or her pension-for-in-
creased-take-home-pay, if any, may be  discontinued  until  his  or  her
withdrawal  of  such refusal. Should such refusal continue for one year,
all his or her rights in and to such pension and his or her pension-for-
increased-take-home-pay, if any, may be revoked by such board.
  S 2. Section 506 of the retirement and social security law is  amended
by adding a new subdivision e to read as follows:
  E.  1.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
REGULATION  TO  THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION
SHALL NOT APPLY TO MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND  WHO
ARE  SUBJECT  TO  THIS  ARTICLE.  A  MEMBER  OF THE NEW YORK CITY POLICE
PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL  INSTEAD  BE  ELIGIBLE
FOR  ORDINARY  DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-216, 13-251
AND 13-254 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND SHALL
RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:
  (I) AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR  HER
ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT;
  (II)   A   PENSION   WHICH   IS   THE   ACTUARIAL  EQUIVALENT  OF  THE
RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI-
TLED, IF ANY; AND
  (III) A PENSION, WHICH, TOGETHER WITH  HIS  OR  HER  ANNUITY  AND  THE
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, SHALL BE EQUAL TO
A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE
SALARY MULTIPLIED BY THE NUMBER OF YEARS OF CITY-SERVICE CREDITED TO HIM
OR HER, BUT NOT LESS THAN (1) ONE-HALF OF HIS OR HER FINAL AVERAGE SALA-
RY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE TEN OR MORE,
OR  (2)  ONE-THIRD  OF  HIS OR HER FINAL AVERAGE SALARY, IF THE YEARS OF
CITY-SERVICE CREDITED TO HIM OR HER ARE LESS THAN TEN.
  2. THE PROVISIONS OF SUBDIVISIONS G, H AND I OF SECTION  FIVE  HUNDRED
SEVEN  OF  THIS  ARTICLE  SHALL  APPLY TO DISABILITY BENEFITS UNDER THIS
SUBDIVISION.
  S 3. Clause 1 of subparagraph (a) of paragraph 2 of subdivision  g  of
section  507  of  the  retirement and social security law, as amended by
chapter 489 of the laws of 2008, is amended to read as follows:
  [(1)] Notwithstanding the provisions of this chapter or of any  gener-
al,  special or local law, charter, administrative code or rule or regu-

S. 7326                             3

lation to the contrary, if a member  who  participated  in  World  Trade
Center rescue, recovery or cleanup operations, as defined in section two
of  this  chapter,  and subsequently retired on a service retirement, an
ordinary  disability  retirement, AN ACCIDENTAL DISABILITY RETIREMENT, A
VESTED RETIREMENT or a performance of  duty  disability  retirement  and
subsequent to such retirement is determined by the comptroller or appli-
cable  retirement  system  board  of trustees to have a qualifying World
Trade Center condition, as defined in section two of this chapter,  upon
such  determination  by  the comptroller OR APPLICABLE RETIREMENT SYSTEM
BOARD OF TRUSTEES it shall be presumed that such disability was incurred
in the performance and discharge of duty as the  natural  and  proximate
result  of  an  accident  not caused by such member's own willful negli-
gence, and that the member would have been physically or mentally  inca-
pacitated for the performance and discharge of duty of the position from
which he or she retired had the condition been known and fully developed
at the time of the member's retirement, unless the contrary is proven by
competent evidence.
  S  4. Section 507 of the retirement and social security law is amended
by adding a new subdivision j to read as follows:
  J. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E  AND  F  OF  THIS
SECTION  SHALL  NOT APPLY TO MEMBERS OF THE NEW YORK CITY POLICE PENSION
FUND WHO ARE SUBJECT TO THIS ARTICLE. A MEMBER  OF  THE  NEW  YORK  CITY
POLICE  PENSION  FUND  WHO  IS  SUBJECT TO THIS ARTICLE SHALL INSTEAD BE
ELIGIBLE FOR  ACCIDENTAL  DISABILITY  RETIREMENT  PURSUANT  TO  SECTIONS
13-215,  13-252 AND 13-254 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:
  1. AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS  OR  HER
ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT;
  2.  A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-IN-
CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTITLED,  IF  ANY;
AND
  3. A PENSION, OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY, IN
ADDITION  TO  THE ANNUITY AND PENSION PROVIDED FOR BY PARAGRAPHS ONE AND
TWO OF THIS SUBDIVISION.
  S 5. Section 510 of the retirement and social security law is  amended
by adding a new subdivision i to read as follows:
  I. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR THE ADMINIS-
TRATIVE  CODE OF THE CITY OF NEW YORK, THE ANNUAL ESCALATION PROVIDED IN
THIS SECTION SHALL NOT APPLY TO THE ORDINARY  OR  ACCIDENTAL  DISABILITY
RETIREMENT  BENEFIT  OF MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND
WHO RETIRE PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF
THIS ARTICLE. THE ORDINARY OR ACCIDENTAL DISABILITY  RETIREMENT  BENEFIT
OF  MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND WHO RETIRE PURSUANT
TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE  SHALL
BE  ADJUSTED  FOR  COST-OF-LIVING  PURSUANT TO THE PROVISIONS OF SECTION
13-696 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S 6. Subdivision f of section 511 of the retirement and social securi-
ty law, as amended by chapter 18 of the laws of 2012, is amended to read
as follows:
  f. This section shall not apply to general members  in  the  uniformed
correction  force  of  the  New York city department of correction or to
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of corrections and community supervision and security hospi-
tal treatment assistants, as those terms are defined in subdivision i of

S. 7326                             4

section  eighty-nine  of  this  chapter,  provided,  however,  that  the
provisions  of  this  section  shall  apply to a New York city uniformed
correction/sanitation revised plan member, AND THIS SECTION  SHALL  ALSO
NOT  APPLY  TO  MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND WHO ARE
SUBJECT TO THIS ARTICLE WHO RETIRE ON ORDINARY OR ACCIDENTAL  DISABILITY
RETIREMENT PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF
THIS ARTICLE.
  S  7. Section 512 of the retirement and social security law is amended
by adding a new subdivision e to read as follows:
  E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
ANY OTHER GENERAL SPECIAL OR LOCAL LAW, WITH RESPECT TO MEMBERS  OF  THE
NEW  YORK  CITY  POLICE PENSION FUND WHO RETIRE PURSUANT TO SECTION FIVE
HUNDRED SIX AND FIVE HUNDRED SEVEN OF  THIS  ARTICLE  A  MEMBER'S  FINAL
AVERAGE  SALARY  SHALL  MEAN THE SALARY EARNED BY SUCH MEMBER DURING THE
ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT, EXCLUSIVE OF  ANY  FORM
OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION
OF  RETIREMENT)  OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK
LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT
WORKED (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR  AUTHOR-
IZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED
DURING  THE ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT EXCEEDS THAT
OF THE PREVIOUS ONE-YEAR PERIOD BY MORE  THAN  TWENTY  PER  CENTUM,  THE
AMOUNT  IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED FROM THE COMPU-
TATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVERAGE SALARY, ANY
MONTH OR MONTHS (NOT IN  EXCESS  OF  THREE)  WHICH  WOULD  OTHERWISE  BE
INCLUDED  IN  COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH THE MEMBER
WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY SHALL  BE  EXCLUDED  FROM
THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER
OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU
THEREOF.
  S  8.  This  act  shall take effect on the sixtieth day after it shall
have become a law.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  BACKGROUND - DESIGN OF PROPOSED LEGISLATION
  In general, the OA believes that proposed legislation should:
  * Be technically accurate,
  * Be clear in its intent,
  * Be administrable, and
  * Meet desired policy objectives.
  While the OA cannot provide any legal analysis,  the  OA  has  done  a
review of the proposed legislation and has some concerns. These concerns
that follow represent the best understanding of the Actuary and staff of
the  OA and should not be considered legal interpretations. All of these
concerns and suggestions should be reviewed by Counsel.
  For purposes of this letter, all members of the New York  City  Police
Pension  Fund  ("POLICE")  subject  to  Article  14  of the RSSL will be
referred to as "Tier III POLICE  Members."  Of  those  Tier  III  Police
Members  who have a date of membership prior to April 1, 2012, they will
be referred to as an "Original Tier III POLICE Members." Of  those  Tier
III  POLICE  Members  who have a date of membership on or after April 1,
2012, they will be referred to as "Revised Tier III POLICE Members."
  CONCERNS WITH PROPOSED LEGISLATION WITH RESPECT TO ORDINARY DISABILITY
RETIREMENT ("ODR") AND ACCIDENTAL DISABILITY RETIREMENT ("ADR")
  * Benefits Compared to Tier I and Tier II
  The proposed legislation, if enacted, would revise  the  ODR  and  ADR
benefit formulas for Tier III POLICE Members.

S. 7326                             5

  It  appears that the proposed Tier III ODR benefit formula is intended
to be the same as the ODR benefit available to Tier I and Tier II POLICE
Members (i.e., 1/40 of Final Average Salary ("FAS")  multiplied  by  the
years  of service, but not less than (1) one-half of FAS if the years of
service  are  10 or more or (2) one-third of FAS if the years of service
are less than 10) where the FAS for Tier III  POLICE  Members  would  be
based on a one-year FAS, the same as for Tier II and similar to the rate
of pay for Tier I.
  Similarly,  it  also appears that the proposed ADR benefit formula for
Tier III POLICE Members is intended to be the same as  the  ADR  benefit
available to Tier I and Tier II POLICE Members (i.e., 75% of Final Aver-
age  Salary ("FAS")), where the FAS for Tier III POLICE Members would be
based on a one-year FAS, the same as for Tier II and similar to the rate
of pay for Tier I.
  Note: Tier I and Tier II POLICE Members are also entitled to an  addi-
tional  1/60  of  total earnings after their 20th anniversary. It is the
understanding of the Actuary that the Tier III POLICE  Members  impacted
by  the  proposed  legislation would not receive this additional 1/60 of
total earnings after 20 years of service.
  POLICE Tier I and Tier II ODR and ADR benefits are subject to Cost-of-
Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000 on the
first $18,000 of benefit after five years of Disability Retirement.
  Given the proposed statutory references, it is  the  understanding  of
the  Actuary  that the proposed ODR and ADR benefits for Tier III POLICE
Members would be entitled to the COLA described in the  preceding  para-
graph,  but  would  NOT  be  subject  to  an  annual Tier III Escalation
increase on the full benefit immediately from  the  date  of  Disability
Retirement.
  * Reference to ITHP
  The  proposed  legislation,  in defining the revised ODR and ADR bene-
fits, uses the term Increased-Take-Home-Pay ("ITHP").
  ITHP is a  special benefit provided to Tier I and Tier II members  and
is not defined for Tier III members.
  Given  the  history  that  no Tier III Members have ever received ITHP
benefits, the Actuary has assumed that if the proposed legislation  were
enacted, Tier III POLICE Members would not be entitled to ITHP.
  * Annuitization of Member Contributions
  The  proposed  legislation  would  include  in the ODR and ADR benefit
formulas for Tier III POLICE Members, a benefit in the form of an annui-
ty equal to the actuarial equivalent of the accumulated Tier III  member
contributions at retirement.
  Annuitized  benefits based directly on member contributions are avail-
able to Tier I and Tier II POLICE Members. However,  it  is  the  under-
standing  of the Actuary that no current Tier III Member has any benefit
which is defined as an  annuitization  of  accumulated  member  contrib-
utions.
  * Presumptive Conditions for ADR
  It  is the understanding of the Actuary that the proposed legislation,
if enacted, would provide Tier III POLICE  Members  the  ability  to  be
eligible  for and to utilize the presumptive conditions that qualify for
ADR that are available to Tier I and Tier II POLICE Members.
  The reasoning behind this understanding is that in the proposed legis-
lation, eligibility conditions for Tier III POLICE Members for ODR would
be determined pursuant to the Administrative Code of  the  City  of  New
York ("ACNY") Sections 13-216, 13-251 and 13-254 (i.e., those that apply

S. 7326                             6

to  Tier  I and Tier II POLICE Members), notwithstanding anything to the
contrary.
  Similarly,  in  the  proposed  legislation, eligibility conditions for
Tier III POLICE Members for ADR would  be  determined  pursuant  to  the
Administrative  Code  of  the City of New York ("ACNY") Sections 13-216,
13-252 and 13-254 (i.e., those that apply to Tier I and Tier  II  POLICE
Members), notwithstanding anything to the contrary.
  It  is  the  understanding  of the Actuary that in the proposed legis-
lation, eligibility for ODR and ADR would not be pursuant to  Retirement
and  Social  Security  Law  ("RSSL")  Section  507.e. RSSL Section 507.e
provides that a member shall not be eligible for ODR or ADR  unless  the
member  waives  the benefits of any statutory presumptions. Accordingly,
it is the understanding of the Actuary that  since  under  the  proposed
legislation RSSL 507.e would no longer apply to Tier III POLICE Members,
Tier  III  POLICE  Members  would  not be required to waive RSSL Section
507.e in order to be eligible for ODR or ADR benefits. Consequently, the
statutory presumptions would apply since they have not been waived.
  In accordance with the above reasoning, since current Tier III  POLICE
Members  are required to waive the presumptions pursuant to RSSL Section
507.e, it is the understanding of  the  Actuary  that  Tier  III  POLICE
Members are currently not entitled to presumptive conditions for ADR.
  FISCAL  NOTE: PROVISIONS OF PROPOSED LEGISLATION: This proposed legis-
lation would amend Retirement and Social Security Law ("RSSL")  Sections
506,  507, 510, 511 and 512 and amend Administrative Code of the City of
New York ("ACNY") Section 13-254 to change, for members of the New  York
City  Police  Pension Fund ("POLICE") subject to Article 14 of the RSSL,
the eligibility for and the calculation of Ordinary  Disability  Retire-
ment ("ODR") benefits and Accidental Disability Retirement ("ADR") bene-
fits.
  For  purposes of this Fiscal Note, all POLICE members subject to Arti-
cle 14 of the RSSL will be referred to as "Tier III POLICE Members."  Of
those  Tier  III  POLICE  Members who have a date of membership prior to
April 1, 2012, they will be referred to as  "Original  Tier  III  POLICE
Members."  Of those Tier II POLICE Members who have a date of membership
on or after April 1, 2012, they will be referred to as "Revised Tier III
POLICE Members."
  The Effective Date of the proposed legislation would be the  60th  day
after the date of enactment.
  IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for
ODR benefits for Tier III POLICE Members are based on:
  * Completing five or more years of service, and
  *  Becoming eligible for Primary Social Security Disability retirement
benefits.
  Such ODR benefits are equal to the greater of:
  * 33 1/3% of Three-Year Final Average  Salary  ("FAS3")  for  Original
Tier  III  POLICE Members or Five-Year Final Average Salary ("FAS5") for
Revised Tier III POLICE Members, or
  * 2% of FAS3 (FAS5 for Revised Tier III POLICE Members) multiplied  by
years of credited service (not in excess of 22 years),
  *  Reduced  by  50% of the Primary Social Security Disability benefits
(determined under RSSL Section 511), and
  * Reduced by 100% of Workers' Compensation benefits (if any).
  It is the understanding of the Actuary that POLICE are not covered  by
Workers' Compensation.
  Under  the  proposed  legislation the eligibility requirements for ODR
benefits for Tier III POLICE Members would be revised to be the same  as

S. 7326                             7

those  provided  in  ACNY  Sections 13-216, 13-251 and 13-254 (i.e., the
provisions applicable to Tier I and Tier II POLICE members).
  In  particular,  completing five or more years of service would not be
required in order to be eligible for ODR benefits. In other words, there
would not any requirement for  any  minimum  length  of  service  to  be
completed in order to be eligible for ODR benefits.
  Under  the  proposed legislation, if enacted, the ODR benefit for Tier
III POLICE Members would be an allowance consisting of:
  * An actuarial equivalent annuity of accumulated member contributions,
plus
  * A pension, which together with the annuity, equal to  1/40  of  One-
Year  Final  Average  Salary  ("FAS1")  multiplied  by years of credited
service, but not less than:
  * 1/2 of FAS1, if years of credited service are greater than or  equal
to 10 years, or
  * 1/3 of FAS1, if years of credited service are less than 10 years.
  Note:  The  proposed legislation also states that one component of the
ODR benefit would be the actuarial equivalent annuity of  an  increased-
Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
in  this Fiscal Note analysis since it is the understanding of the Actu-
ary that ITHP is not available to Tier III members generally and is  not
specifically defined in the proposed legislation.
  In  addition,  the proposed legislation would NOT apply the Escalation
available under RSSL Section 510 to ODR benefits  for  Tier  III  POLICE
Members. However, such ODR benefits would still be eligible for Cost-of-
Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
  IMPACT ON ADR BENEFITS PAYABLE: The current eligibility provisions for
ADR benefits for Tier III POLICE Members are based on satisfying either:
  *  Being  eligible  for Social Security Disability retirement benefits
and having become disabled due to an accident sustained in the  line  of
duty, or
  *  Being  physically or mentally incapacitated as a result of an acci-
dent sustained in the line of duty  as  determined  by  the  appropriate
administrative authority assigned by POLICE.
  As a consequence of RSSL Section 507.e, a Tier III POLICE Member would
not  be  eligible  for  ADR unless the member waived the benefits of any
statutory presumptions (e.g., certain heart diseases).
  Such ADR benefits are calculated using a formula of 50% multiplied  by
FAS3  for  Original Tier III Police Members or FAS5 for Revised Tier III
POLICE Members less 50% of Primary Social  Security  disability  benefit
(determined  under  RSSL  Section 511) and less 100% of Workers' Compen-
sation benefits (if any).
  Note: It is the understanding of  the  Actuary  that  POLICE  are  not
covered by Workers' Compensation.
  Under  the  proposed  legislation the eligibility requirements for ADR
benefits for Tier III POLICE Members would be revised to be the same  as
those  provided  in  ACNY  Sections 13-216, 13-252 and 13-254 (i.e., the
provisions applicable to Tier I and Tier II POLICE Members).
  In addition, it is the understanding of the Actuary that the  proposed
legislation, if enacted, would provide Tier III POLICE Members the abil-
ity  to be eligible for and to utilize the statutory presumptions (e.g.,
certain heart diseases) that qualify certain Tier I and Tier  II  POLICE
Members for ADR.
  Under  the  proposed legislation, if enacted, the ADR benefit for Tier
III POLICE Members would be revised  to  equal  a  retirement  allowance
equal to the sum of:

S. 7326                             8

  * An actuarial equivalent annuity of accumulated member contributions,
plus
  * 75% multiplied by FAS1.
  Note:  The  proposed legislation also states that one component of the
ADR benefit would be the actuarial equivalent annuity of  an  Increased-
Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
in  this Fiscal Note analysis since it is the understanding of the Actu-
ary that ITHP is not available to Tier III members generally and is  not
specifically defined in the proposed legislation.
  Also  not,  it  is  the understanding of the Actuary that the Tier III
POLICE Members impacted by the proposed legislation  would  not  receive
any additional 1/60 of annual earnings after 20 years of service.
  In  addition,  the proposed legislation would NOT apply the Escalation
available under RSSL Section 510 to ADR benefits  for  Tier  III  POLICE
Members. However, such ADR benefits would still be eligible for Cost-of-
Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
  FINANCIAL  IMPACT  -  CHANGES  IN BENEFITS - ACTUARIAL PRESENT VALUES.
Based on the census data and the actuarial assumptions and methods noted
herein, if the Effective Date is on or before June 30, 2015,  then  this
would  change  the Actuarial Present Value ("APV") of benefits ("APBV"),
APY of members contributions, the Unfunded Actuarial  Accrued  Liability
("UAAL")  and  APV  of future employer contributions as of June 30, 2013
for Tier III POLICE Members.
  FINANCIAL IMPACT  -  CHANGES  IN  PROJECTED  APV  OF  FUTURE  EMPLOYER
CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For purposes of this
Fiscal  Note,  it  is  assumed  that  the changes in APBV, APV of member
contributions, UAAL and APV of future employer  contributions  would  be
reflected for the first time in the June 30, 2013 actuarial valuation of
POLICE.
  Under  the  One-Year  Lag  Methodology  ("OYLM"),  the first year that
changes in benefits for Tier III POLICE Members  could  impact  employer
contributions to POLICE would be Fiscal Year 2015.
  In  accordance  with ACNY Section 13.638.2(k-2), new UAAL attributable
to benefit changes are to be amortized as determined by the Actuary  but
generally  over  the remaining working lifetime of those impacted by the
benefit changes. As of June 30, 2013, the remaining working lifetime  of
the  Tier III POLICE Members is approximately 18 years. Recognizing that
this period will decrease over time as the group  of  Tier  III  Members
matures,  the  Actuary  would  likely  choose  to  amortize the new UAAL
attributable to this proposed legislation  over  a  15-year  period  (14
payments under the OYLM Methodology).
  The  following  Table  1A presents an estimate of the increases due to
the changes in ODR and ADR provisions for Tier III POLICE Members in the
APV of future employer contributions and in  employer  contributions  to
POLICE  for Fiscal Years 2015 through 2019 that would occur based on the
applicable actuarial assumptions and methods noted herein:

                                Table 1A

                  Estimated Financial Impact on POLICE
                    If Certain Revisions are Made to
                   Provisions for ODR and ADR Benefits
                      for Tier III POLICE Members*

                              ($ Millions)

S. 7326                             9

                        Increase in APV of        Increase in Employer
Fiscal Year       Future Employer Contributions       Contributions

   2015                      $266.4                        $34.9
   2016                       372.2                         46.4
   2017                       463.0                         56.0
   2018                       545.0                         64.5
   2019                       617.9                         71.5

*  Based on actuarial assumptions and methods set forth in the Actuarial
Assumptions and Method Section. Also, based on  the  projection  assump-
tions as described herein.
  ODR  and  ADR  benefits  are  NOT subject to Tier III Escalation (RSSL
Section 510).
The following Table 1B presents the estimate of the increases due to the
changes in the ODR and ADR provisions from Table  1A  and  splits  those
results  between  Original  Tier III Police Members and Revised Tier III
POLICE Members.

                                Table 1B

                  Estimated Financial Impact on POLICE
                    If Certain Revisions are Made to
                   Provisions for ODR and ADR Benefits
                  For Original Tier III POLICE Members
                  And Revised Tier III POLICE Members*

                              ($ Millions)

               Increase in APV of Future            Increase in
               Employment Contributions         Employer Contributions

Fiscal          Original        Revised         Original        Revised
Year            Tier III        Tier III        Tier III        Tier III
                POLICE          POLICE          POLICE          POLICE
                Members         Members         Members         Members

2015            $170.3          $96.1           $22.3           $12.6
2016            158.4           213.8           19.8            26.6
2017            145.8           317.2           17.9            38.1
2018            137.3           407.7           16.6            47.9
2019            129.8           488.1           15.4            56.1
* Based on Actuarial Assumptions and Methods set forth in the  Actuarial
Assumptions  and  Method  Section. Also, based on the projection assump-
tions as described herein.
  ODR and ADR benefits are NOT subject  to  Tier  III  Escalation  (RSSL
Section 510).
  Note  that the split of the results show above are calculated assuming
the proposed legislation would be enacted (I.e.,  it  would  cover  both
Original  and  Revised  Tier  II POLICE Members). If similar legislation
would be enacted for Revised Tier II POLICE Members  only,  the  results
would differ from those shown above for these Members.
  The  estimated  increases in employer contributions shown in Tables 1A
and 1B are based upon the following projection assumptions:
  * Level workforce (i.e. new employees are hired to replace  those  who
leave active status).

S. 7326                            10

  * Projected salary increases consistent with those used in projections
presented  to  the  New  York  City  Office  of  Management  and  Budget
("NYCOMB") for use in the February  2014  Financial  Plan  ("Preliminary
Projections").
  *  New  entrant salaries consistent with those used in the Preliminary
Projections.
  These "open group" projections include future new entrants  introduced
into the census data models to project the future workforces.
  As of each future actuarial valuation date, the current "closed group"
actuarial assumptions and valuation methodology are used.
  Under  this  methodology  only  Plan participants as of each actuarial
valuation date are  utilized  to  determine  APVs,  employer  costs  and
employer contributions.
  FINANCIAL  IMPACT - ENTRY AGE NORMAL COSTS: Entry Age Normal Costs can
provide a useful basis to  compare  the  value  of  alternative  benefit
programs.
  For  each  member who enters POLICE, there is a theoretical net annual
employer cost to be paid for  such  member  while  such  member  remains
actively employed (i.e., the Entry Age Normal Cost ("EANC")).
  In  addition,  such  EANC  may  be expressed as a percentage of salary
earned over a working lifetime and referred to as the Entry  Age  Normal
Rate ("EANR").
  Under  the proposed legislation and based on the actuarial assumptions
noted herein, the EANC and EANR of Tier  III  POLICE  Members  would  be
greater  than  the  EANC and EANR for comparable Tier III POLICE Members
entering at the same attained age and gender under  the  current  POLICE
provisions.
Table  2A  shows  a  summary of the change in EANC for Original Tier III
POLICE Members for entry ages 25, 30 and 35 determined as  of  the  most
recent date of published EANR calculations:

                                Table 2A

                  Comparison of Entry Age Normal Rates
                     Determined as of June 30, 2012*

             To implement Certain ODR and ADR Provisions for
                    Original Tier III POLICE Members

                       Under Proposed Legislation
                          and Under Current Law

                       EANR Under Proposed Legislation**

                 Entry Age 25         Entry Age 30         Entry Age 35
 Retirement
   System      Male     Female      Male     Female      Male     Female
POLICE        23.91%    24.74%     25.15%    26.14%     27.27%    28.46%

                       EANR Under Current Law

POLICE        20.92%    21.75%     20.73%    21.71%     20.50%    21.63%

                       Increase in EANR Due to Proposed Legislation

POLICE        2.99%     2.99%      4.42%     4.43%      6.77%     6.83%

S. 7326                            11

*  Based on salaries paid over entire working lifetime. EANR do not vary
significantly over time,  absent  benefit  and/or  actuarial  assumption
changes.

**  EANR  determined  under the terms of the revised ODR and ADR benefit
provisions based on the Actuarial Assumptions and Methods as noted here-
in including changes in assumptions for ADR. ODR and  ADR  benefits  are
NOT subject to Tier III Escalation (RSSL Section 510).
Table  2B  shows  a  summary  of the change in EANC for Revised Tier III
POLICE Members for entry ages 25, 30 and 35 determined as  of  the  most
recent date of published EANR calculations:

                                Table 2B

                  Comparison of Entry Age Normal Rates
                     Determined as of June 30, 2010*

             To implement Certain ODR and ADR Provisions for
                     Revised Tier III POLICE Members

                       Under Proposed Legislation
                          and Under Current Law

                       EANR Under Proposed Legislation**

                 Entry Age 25         Entry Age 30         Entry Age 35
 Retirement
   System      Male     Female      Male     Female      Male     Female
POLICE        23.36%    24.17%     24.68%    25.64%     26.90%    28.07%

                       EANR Under Current Law

POLICE        19.91%    20.71%     19.66%    20.59%     19.38%    20.46%

                       Increase in EANR Due to Proposed Legislation

POLICE        3.45%     3.46%      5.02%     5.05%      7.52%     7.61%

*  Based on salaries paid over entire working lifetime. EANR do not vary
significantly over time,  absent  benefit  and/or  actuarial  assumption
changes.

**  EANR  determined  under the terms of the revised ODR and ADR benefit
provisions based on the Actuarial Assumptions and Methods as noted here-
in including changes in assumptions for ADR. ODR and  ADR  benefits  are
NOT subject to Teir III Escalation (RSSL Section 510).
  OTHER COSTS: Not measured in this Fiscal Note are the following:
  * Any potential impact should ITHP Reserves be deemed to apply to Tier
III POLICE members.
  * The initial, additional administrative costs of POLICE and other New
York City agencies to implement the proposed legislation.
  *  The  potential  impact  if  this  proposed  legislation  were to be
extended to other public safety employees (e.g., firefighters).
  * The impact of this  proposed  legislation  on  Other  Postemployment
Benefit ("OPEB") costs.

S. 7326                            12

  CENSUS  DATA:  The  starting  census  data  used  for the calculations
presented herein are the census data used in the  Preliminary  June  30,
2013  (Lag)  actuarial valuation of POLICE used under the OYLM to deter-
mine the Preliminary Fiscal Year 2015 employer contributions.
  The census data used for the estimates of additional employer contrib-
utions  presented  herein  are based on average salaries of new entrants
utilized in the Preliminary June 30,  2013  (Lag)  actuarial  valuations
used to determine Preliminary Fiscal Year 2015 employer contributions of
POLICE.
  Original  Tier  III  POLICE Members as of June 30, 2013 had an average
age of approximately 28, average service of approximately 2.2 years  and
an  average  salary  of  approximately  $61,000. Revised Tier III POLICE
Members as of June 30, 2013 had an  average  age  of  approximately  27,
average  service  of  approximately  0.6  years and an average salary of
approximately $53,000.
  Overall, Tier III POLICE Members as of June 30, 2013  had  an  average
age of approximately 28, average service of approximately 1.7 years, and
an average salary of approximately $59,000.
  ACTUARIAL  ASSUMPTIONS  AND  METHODS: The additional employer contrib-
utions presented herein have been  calculated  based  on  the  actuarial
assumptions  and methods in effect for the June 30, 2013 (Lag) actuarial
valuations used to  determine  Preliminary  Fiscal  Year  2015  employer
contributions  of  POLICE  and  adjusted  for  revised  ADR  eligibility
provisions.
  The probabilities of accidental disability used for  Tier  III  POLICE
Members  in  the  event statutory presumptions were to apply equal those
currently used for Tier I and Tier II POLICE Members.
  The actuarial valuation methodology does not include a calculation  of
the  value  of an offset for Workers' Compensation benefits as it is the
understanding of the Actuary that POLICE Members are not covered by such
benefits.
  To the extent that the enactment of this  proposed  legislation  would
cause a greater (lesser) number of Tier III POLICE Members to be reclas-
sified  from Ordinary Disability to Accidental Disability Retirement, or
to the extent that Tier III POLICE Members who would not otherwise  ever
choose to apply and then receive an Ordinary Disability Retirement bene-
fit  or an Accidental Disability Retirement benefit, then the additional
APVB and employer contributions shown herein would be greater (lesser).
  Employer contributions under current methodology have  been  estimated
assuming  the  additional  APVB  would be financed through future normal
contributions including an amortization of the new UAAL attributable  to
this  proposed  legislation over a 15-year period (14 payments under the
OYLM Methodology).
  New entrants into Tier III POLICE Members were  projected  to  replace
the POLICE members expected to leave the active population to maintain a
steady-state population.
  The following Table 3 presents the total number of active employees of
POLICE  used  in  the  projections, assuming a level work force, and the
cumulative number (i.e., net of withdrawals) of Revised Tier III Members
as of each June 30 from 2013 through 2017.

                                 Table 3
             Surviving Actives from Census on June 30, 2013
                                   and
        Cumulative New Revised Tier III POLICE Members from 2013
                         Used in the Projections*

S. 7326                            13

                              Original        Revised
June 30        Tier I&II      Tier III       Tier III        Total
 2013           29,258         3,601           1,916         34,775
 2014           26,784         3,500           4,491         34,775
 2015           24,565         3,406           6,804         34,775
 2016           22,571         3,314           8,890         34,775
 2017           20,937         3,225          10,613         34,775

  *    Total  active members including in the projections assume a level
work force based on the June 30, 2013 (Lag) actuarial  valuation  census
data.  Assumes presumptions apply to Tier III POLICE members.
  For  purposes  of estimating the impact of the Tier III Escalation for
retired Tier III POLICE Members, consistent with an underlying  Consumer
Price Inflation ("CPI") assumption of 2.5% per year, Tier III Escalation
of 2.5% per year has been assumed.
  This  compares  with  the current Chapter 125 of the Laws of 2000 COLA
assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0%
minimum and 3.0% maximum) on the first $18,000 of benefit.
  For Variable Supplements Fund ("VSF") benefits, it  has  been  assumed
that  retroactive  lump  sum  payments of VSF ("DROP payments") would be
payable from the completion of 20 years of service.
  ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to  deter-
mine  the financial impact of the proposed legislation discussed in this
Fiscal Note are those appropriate for budgetary models  and  determining
annual employer contributions to POLICE.
  However, the economic assumptions (current and proposed) that are used
for  determining  employer  contributions  do not develop risk-adjusted,
economic values of benefits.  Such  risk-adjusted,  economic  values  of
benefits  would  likely differ significantly from those developed by the
budgetary models.
  STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the  Chief
Actuary  for  the New York City Retirement Systems. I am a Fellow of the
Society of Actuaries and a Member of the American Academy of  Actuaries.
I  meet the Qualification Standards of the American Academy of Actuaries
to render the actuarial opinion contained herein.
  FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
during  the  2014  Legislative Session. It is Fiscal Note 2014-19, dated
May 2, 2014 prepared by the Chief Actuary of the New York  City  Retire-
ment Systems.

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