S T A T E O F N E W Y O R K
________________________________________________________________________
2531
2009-2010 Regular Sessions
I N A S S E M B L Y
January 20, 2009
___________
Introduced by M. of A. CALHOUN, FITZPATRICK -- read once and referred to
the Committee on Governmental Employees
AN ACT to create the public pension system reform commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Public pension system reform commission. 1. A public
pension system benefit reform commission shall be appointed, within
ninety days from the effective date of this act, to evaluate and report
on the creation of a new retirement plan for members who join a public
retirement system on or after a prospective date to be determined by the
commission. The commission shall evaluate and consider, but not be
limited to the following: (i) the adoption of a hybrid-pension plan
where one-half of a member's pension benefit would be derived from a
defined benefit pension plan and the other one-half of a member's
pension would be derived from a defined contribution pension plan; (ii)
the advantages of switching from the current defined benefit pension
plan to a type of hybrid or defined contribution pension plan for new
members; (iii) taxpayer relief that could be achieved by adopting a new
retirement plan; (iv) the short-term and long-term fiscal stability of
the public pension funds and their ability to weather economic downturn;
(v) the predictability, transparency and government cost-savings of
defined contribution pension plans in comparison to defined benefit
pension plans.
2. Such commission shall consist of nine members including: (i) the
comptroller of the state of New York, or his or her designee, who shall
act as chair of such commission; (ii) one member appointed by the gover-
nor of the state of New York; (iii) one member appointed by the tempo-
rary president of the senate; (iv) one member appointed by the speaker
of the assembly; (v) one member appointed by the minority leader of the
senate; (vi) one member appointed by the minority leader of the assem-
bly; (vii) one member appointed by the mayor of the city of New York;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02408-01-9
A. 2531 2
(viii) one member appointed by the board of trustees of the New York
state teachers' retirement system; and (ix) one member appointed by the
board of trustees of the New York city employees' retirement system.
3. Such commission may employ and at pleasure remove such personnel,
as it may deem necessary for the performance of its functions and fix
their compensation within the amounts made available therefor.
4. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law.
5. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this section.
6. To the maximum extent feasible, the commission shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties, resources and data of any court, department, division, board,
bureau, commission or agency of the state or any political subdivision
thereof as it may reasonably request to properly carry out its powers
and duties pursuant to this section.
7. The commission shall make a report, within one year from the date
of its establishment, to the governor, temporary president of the
senate, speaker of the assembly, minority leader of the senate and
minority leader of the assembly of its findings, conclusions and recom-
mendations in relation to but not limited to: (i) the creation of a
hybrid defined benefit/defined contribution pension plan (ii) cost
savings for the state and local governments that could be achieved by
the adoption of a new pension plan; and (iii) the ability of a new
pension plan to lessen the burden of pension costs on taxpayers and
provide a safety net against economic downturn. Such report shall be
made available to the public and include such legislative proposals as
shall be necessary to implement the commission's recommendations.
S 2. This act shall take effect immediately.