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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Sep 17, 2010 |
signed chap.513 |
| Sep 07, 2010 |
delivered to governor |
| Jun 24, 2010 |
returned to senate passed assembly ordered to third reading rules cal.330 substituted for a7972a |
| Jun 24, 2010 |
substituted by s5533a rules report cal.330 reported reported referred to rules |
| Jun 08, 2010 |
reported referred to ways and means |
| Apr 19, 2010 |
print number 7972a |
| Apr 19, 2010 |
amend and recommit to governmental employees |
| Jan 12, 2010 |
committed to governmental employees |
| Jan 06, 2010 |
ordered to third reading cal.542 returned to assembly died in senate |
| Jun 11, 2009 |
referred to rules |
| Jun 09, 2009 |
delivered to senate passed assembly |
| Jun 08, 2009 |
ordered to third reading rules cal.93 rules report cal.93 reported |
| Jun 02, 2009 |
reported referred to rules |
| May 19, 2009 |
reported referred to ways and means |
| Apr 30, 2009 |
referred to governmental employees |
Assembly Bill A7972
Signed By Governor2009-2010 Legislative Session
Provides for compliance by the NYS&LERS and NYS&LP&FRS with the requirements of the federal older workers' benefit protection act
download bill text pdfSponsored By
ABBATE
Archive: Last Bill Status Via S5533 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 12, 2010
aye (61)- Adams
- Addabbo Jr.
- Alesi
- Aubertine
- Bonacic
- Breslin
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Flanagan
- Foley
- Fuschillo
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Johnson
- Klein
- Krueger
- Kruger
- LaValle
- Lanza
- Larkin
- Leibell
- Libous
- Little
- Marcellino
- Maziarz
- McDonald
- Montgomery
- Morahan
- Nozzolio
- Onorato
- Oppenheimer
- Padavan
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Robach
- Saland
- Savino
- Schneiderman
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stachowski
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
- Volker
- Winner
- Young
absent (1)
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Bill Amendments
2009-A7972 - Details
- Law Section:
- Retirement and Social Security Law
- Laws Affected:
- Amd §§62, 362, 448, 506, 507, 508, 605 & 606, R & SS L
2009-A7972 - Summary
Provides for compliance by the NYS&LERS and NYS&LP&FRS with the requirements of the federal older workers' benefit protection act; provides that provisions relating to disability benefits, ordinary death benefits and post-retirement death benefits would be modified to be consistent with benefits currently paid by other retirement systems as required by OWBPA.
2009-A7972 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7972
2009-2010 Regular Sessions
I N A S S E M B L Y
April 30, 2009
___________
Introduced by M. of A. ABBATE, McENENY, COLTON -- (at request of the
State Comptroller) -- read once and referred to the Committee on
Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
bringing certain provisions of such law into accordance with the
requirements of the federal older workers' benefit protection act
(OWBPA)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Declaration of legislative intent. This act is intended to
bring the statutory provisions pertaining to the New York state and
local employees' retirement system and the New York state and local
police and fire retirement system into compliance with the Federal Older
Workers' Benefit Protection Act, P.L. 101-433, by providing death and
disability benefits for which the cost incurred on behalf of an older
member is no less than that incurred on behalf of a younger member of
such systems, as permissible under section 1625.10 of Title 29 of the
Code of Federal Regulations.
S 2. Paragraph 1 of subdivision b of section 62 of the retirement and
social security law, as amended by chapter 1087 of the laws of 1969, is
amended to read as follows:
1. If the member has attained age sixty when such retirement becomes
effective, his OR HER retirement allowance shall be equal to that which
he OR SHE would receive in the case of superannuation retirement, UNLESS
THE MEMBER IS ENROLLED IN A PLAN PROVIDED UNDER SECTION SEVENTY-A,
SEVENTY-ONE-A OR SEVENTY-FIVE OF THIS ARTICLE, IN WHICH CASE THE BENEFIT
SHALL BE CALCULATED IN THE MANNER DESCRIBED IN CLAUSE TWO OF SUBPARA-
GRAPH (C) OF PARAGRAPH TWO OF THIS SUBDIVISION.
S 3. Paragraph 1 of subdivision b of section 362 of the retirement and
social security law, as amended by chapter 1087 of the laws of 1969, is
amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10320-02-9
A. 7972 2
1. If a member has attained age sixty when such retirement becomes
effective, his OR HER retirement allowance shall be equal to that which
he OR SHE would receive in the case of superannuation retirement, UNLESS
THE MEMBER IS ENROLLED IN A PLAN PROVIDED UNDER SECTION THREE HUNDRED
SEVENTY-A, THREE HUNDRED SEVENTY-ONE-A OR THREE HUNDRED SEVENTY-FIVE OF
THIS ARTICLE, IN WHICH CASE THE BENEFIT SHALL BE CALCULATED IN THE
MANNER DESCRIBED IN CLAUSE TWO OF SUBPARAGRAPH (C) OF PARAGRAPH TWO OF
THIS SUBDIVISION.
S 4. Paragraph 2 of subdivision a of section 448 of the retirement and
social security law, as amended by chapter 559 of the laws of 2005, is
amended to read as follows:
2. A benefit upon the death of a member in service equal to the
member's salary upon his OR HER completion of one year of service, two
years' salary upon completion of two years of service, and three years'
salary upon completion of three years of service. In the case of a
member of a retirement system other than the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city board of education retirement system [or], the New York
city teachers' retirement system, THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM, such benefit shall be subject to the following limi-
tations:
(a) If the member last joined the retirement system prior to attain-
ment of age fifty-two, the maximum benefit shall be three years' salary;
(b) If the member was age fifty-two when he OR SHE last joined the
retirement system, the maximum benefit shall be two and one-half times
annual salary;
(c) If the member was age fifty-three when he OR SHE last joined the
retirement system, the maximum benefit shall be two years' salary;
(d) If the member was age fifty-four when he OR SHE last joined the
retirement system, the maximum benefit shall be one and one-half times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when he OR SHE last joined the retirement system, the maximum benefit
shall be one year's salary; and
(f) If the member was age sixty-five or older when he OR SHE last
joined the retirement system, the maximum benefit shall be one thousand
dollars.
In the case of a member of a retirement system other than the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system, THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND LOCAL
POLICE AND FIRE RETIREMENT SYSTEM, commencing upon attainment of age
sixty-one, the benefit otherwise provided pursuant to this paragraph
shall be reduced while the member is in service to ninety [percentum]
PER CENTUM of the benefit otherwise payable and each year thereafter the
benefit payable shall be reduced by an amount equal to ten [percentum]
PER CENTUM per year of the original benefit otherwise payable, but not
below ten [percentum] PER CENTUM of the original benefit otherwise paya-
ble.
In the case of a member of the New York state teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit other-
wise provided pursuant to this paragraph [two] shall be reduced while
the member is in service to ninety-six per centum of the benefit other-
wise payable and each year thereafter the benefit payable shall be
A. 7972 3
reduced by an amount equal to four per centum per year of the original
benefit otherwise payable, but not below sixty per centum of the
original benefit otherwise payable. In the case of a member of the New
York city employees' retirement system, the New York city board of
education retirement system or the New York city teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit other-
wise provided pursuant to this paragraph shall be reduced while the
member is in service to ninety-five per centum of the benefit otherwise
payable and each year thereafter the benefit payable shall be reduced by
an amount equal to five per centum per year of the original benefit
otherwise payable, but not below fifty per centum of the original bene-
fit otherwise payable. IN THE CASE OF ANY MEMBER OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO IS PERMITTED TO RETIRE WITH-
OUT REGARD TO AGE OR A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, COMMENCING UPON ATTAINMENT OF AGE SIXTY-ONE, THE
BENEFIT OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED
WHILE THE MEMBER IS IN SERVICE TO NINETY-SEVEN PER CENTUM OF THE BENEFIT
OTHERWISE PAYABLE, AND EACH YEAR THEREAFTER THE BENEFIT PAYABLE SHALL BE
REDUCED BY AN AMOUNT EQUAL TO THREE PER CENTUM PER YEAR OF THE ORIGINAL
BENEFIT OTHERWISE PAYABLE, BUT NOT BELOW SEVENTY PER CENTUM OF THE
ORIGINAL BENEFIT OTHERWISE PAYABLE. IN THE CASE OF ANY OTHER MEMBER OF
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, COMMENCING
UPON ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT OTHERWISE PROVIDED PURSU-
ANT TO THIS PARAGRAPH SHALL BE REDUCED WHILE THE MEMBER IS IN SERVICE TO
NINETY-SIX PER CENTUM OF THE BENEFIT OTHERWISE PAYABLE, AND EACH YEAR
THEREAFTER THE BENEFIT PAYABLE SHALL BE REDUCED BY AN AMOUNT EQUAL TO
FOUR PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE, BUT
NOT BELOW SIXTY PER CENTUM OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE.
Upon retirement from any retirement system, the benefit in force shall
be reduced by fifty [percentum] PER CENTUM; upon completion of the first
year of retirement, the benefit in force at the time of retirement shall
be reduced by an additional twenty-five [percentum] PER CENTUM, and upon
commencement of the third year of retirement, the benefit shall be ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age; provided,
however, the benefit in retirement shall not be reduced below ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THE
BENEFIT FOR A RETIREE FROM THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM SHALL NOT BE REDUCED BELOW TEN PER CENTUM OF THE BENE-
FIT IN FORCE AT THE TIME OF RETIREMENT.
S 5. Subdivision a of section 506 of the retirement and social securi-
ty law, as amended by chapter 559 of the laws of 2005, is amended to
read as follows:
a. A member in active service who is not eligible for a normal retire-
ment benefit shall, upon completing five years or more of service, be
eligible for the ordinary disability benefit described in subdivision b
of this section if such member has been determined to be eligible for
primary social security disability benefits; provided, however, that no
member of the New York state teachers' retirement system, the New York
city employees' retirement system, the New York city board of education
retirement system [or], the New York city teachers' retirement system OR
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM who is other-
wise eligible for ordinary disability benefits pursuant to this section
A. 7972 4
shall be deemed to be ineligible for such benefits because such member
is eligible for a normal service retirement benefit.
S 6. Subdivision a of section 507 of the retirement and social securi-
ty law, as amended by chapter 489 of the laws of 2008, is amended to
read as follows:
a. A member in active service, or a vested member incapacitated as the
result of a qualifying World Trade Center condition as defined in
section two of this chapter, who is not eligible for a normal service
retirement benefit shall be eligible for the accidental disability bene-
fit described in subdivision c of this section if such member has been
determined to be eligible for primary social security disability bene-
fits and was disabled as the natural and proximate result of an accident
sustained in such active service and not caused by such member's own
willful negligence; provided, however, that no member of the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system OR THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM who is otherwise eligible
for accidental disability benefits pursuant to this section shall be
deemed to be ineligible for such benefits because such member is eligi-
ble for a normal service retirement benefit.
S 6-a. Subdivision c of section 507 of the retirement and social secu-
rity law, as amended by chapter 559 of the laws of 2005, is amended to
read as follows:
c. In the case of a member of a retirement system other than THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, the New York state
teachers' retirement system, the New York city employees' retirement
system, the New York city board of education retirement system or the
New York city teachers' retirement system, the accidental disability
benefit hereunder shall be a pension equal to two percent of final aver-
age salary times years of credited service which such member would have
attained if employment had continued until such member's full escalation
date, not in excess of the maximum years of service creditable for the
normal service retirement benefit, less (i) fifty percent of the primary
social security disability benefit, if any, as provided in section five
hundred eleven of this article, and (ii) one hundred percent of any
workers' compensation benefits payable.
In the case of a member of THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM, the New York state teachers' retirement system, the
New York city employees' retirement system, the New York city board of
education retirement system or the New York city teachers' retirement
system, the accidental disability benefit hereunder shall be a pension
equal to sixty percent of final average salary, less (i) fifty percent
of the primary social security disability benefit, if any, as provided
in section five hundred eleven of this article, and (ii) one hundred
percent of any workers' compensation benefits payable. In the event a
disability retiree from any retirement system is not eligible for the
primary social security disability benefit and continues to be eligible
for disability benefits hereunder, such disability benefit shall be
reduced by one-half of such retiree's primary social security retirement
benefit, commencing at age sixty-two, in the same manner as provided for
service retirement benefits under section five hundred eleven of this
article.
S 7. Paragraph 2 of subdivision a of section 508 of the retirement and
social security law, as amended by chapter 559 of the laws of 2005, is
amended to read as follows:
A. 7972 5
2. A benefit upon the death of a member in service equal to the
member's salary upon his OR HER completion of one year of service, two
years' salary upon completion of two years of service, and three years'
salary upon completion of three years of service. In the case of a
member of a retirement system other than the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city board of education retirement system [or], the New York
city teachers' retirement system, OR THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM, such benefit shall be subject to the
following limitations:
(a) If the member last joined the retirement system prior to attain-
ment of age fifty-two, the maximum benefit shall be three years' salary;
(b) If the member was age fifty-two when he OR SHE last joined the
retirement system, the maximum benefit shall be two and one-half times
annual salary;
(c) If the member was age fifty-three when he OR SHE last joined the
retirement system, the maximum benefit shall be two years' salary;
(d) If the member was age fifty-four when he OR SHE last joined the
retirement system, the maximum benefit shall be one and one-half times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when he OR SHE last joined the retirement system, the maximum benefit
shall be one year's salary; and
(f) If the member was age sixty-five or older when he OR SHE last
joined the retirement system, the maximum benefit shall be one thousand
dollars.
In the case of a member of a retirement system other than the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system, OR THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, commencing upon attainment
of age sixty-one, the benefit otherwise provided pursuant to this para-
graph shall be reduced while the member is in service to ninety [percen-
tum] PER CENTUM of the benefit otherwise payable and each year thereaft-
er the benefit payable shall be reduced by an amount equal to ten
[percentum] PER CENTUM per year of the original benefit otherwise paya-
ble, but not below ten [percentum] PER CENTUM of the original benefit
otherwise payable.
Notwithstanding any other provision of this paragraph, in the case of
a member of the New York state teachers' retirement system, commencing
upon attainment of age sixty-one, the benefit otherwise provided pursu-
ant to this paragraph shall be reduced while the member is in service to
ninety-six per centum of the benefit otherwise payable, and each year
thereafter the benefit payable shall be reduced by an amount equal to
four per centum per year of the original benefit otherwise payable, but
not below sixty per centum of the original benefit otherwise payable. In
the case of a member of the New York city employees' retirement system,
the New York city board of education retirement system or the New York
city teachers' retirement system, commencing upon attainment of age
sixty-one, the benefit otherwise provided pursuant to this paragraph
shall be reduced while the member is in service to ninety-five per
centum of the benefit otherwise payable and each year thereafter the
benefit payable shall be reduced by an amount equal to five per centum
per year of the original benefit otherwise payable, but not below fifty
per centum of the original benefit otherwise payable. IN THE CASE OF
ANY MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
A. 7972 6
WHO IS PERMITTED TO RETIRE WITHOUT REGARD TO AGE, COMMENCING UPON
ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT OTHERWISE PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL BE REDUCED WHILE THE MEMBER IS IN SERVICE TO NINE-
TY-SEVEN PER CENTUM OF THE BENEFIT OTHERWISE PAYABLE, AND EACH YEAR
THEREAFTER THE BENEFIT PAYABLE SHALL BE REDUCED BY AN AMOUNT EQUAL TO
THREE PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE, BUT
NOT BELOW SEVENTY PER CENTUM OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE.
IN THE CASE OF ANY OTHER MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM, COMMENCING UPON ATTAINMENT OF AGE SIXTY-ONE, THE
BENEFIT OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED
WHILE THE MEMBER IS IN SERVICE TO NINETY-SIX PER CENTUM OF THE BENEFIT
OTHERWISE PAYABLE, AND EACH YEAR THEREAFTER THE BENEFIT PAYABLE SHALL BE
REDUCED BY AN AMOUNT EQUAL TO FOUR PER CENTUM PER YEAR OF THE ORIGINAL
BENEFIT OTHERWISE PAYABLE, BUT NOT BELOW SIXTY PER CENTUM OF THE
ORIGINAL BENEFIT OTHERWISE PAYABLE. Upon retirement from any retirement
system, the benefit in force shall be reduced by fifty [percentum] PER
CENTUM; upon completion of the first year of retirement, the benefit in
force at the time of retirement shall be reduced by an additional twen-
ty-five [percentum] PER CENTUM, and upon commencement of the third year
of retirement, the benefit shall be ten [percentum] PER CENTUM of the
benefit in force at age sixty, if any, or at the time of retirement if
retirement preceded such age; provided, however, the benefit in retire-
ment shall not be reduced below ten [percentum] PER CENTUM of the bene-
fit in force at age sixty, if any, or at the time of retirement if
retirement preceded such age. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS PARAGRAPH TO THE CONTRARY, THE BENEFIT FOR A RETIREE FROM THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM SHALL NOT BE REDUCED
BELOW TEN PER CENTUM OF THE BENEFIT IN FORCE AT THE TIME OF RETIREMENT.
S 8. Section 508 of the retirement and social security law is amended
by adding a new subdivision f to read as follows:
F. WITH RESPECT TO A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM WHO WAS COVERED BY PARAGRAPH TWO OF SUBDIVISION A OF
THIS SECTION, AS ADDED BY CHAPTER EIGHT HUNDRED NINETY OF THE LAWS OF
NINETEEN HUNDRED SEVENTY-SIX, PRIOR TO ITS REPEAL PURSUANT TO CHAPTER
SIX HUNDRED SEVENTEEN OF THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX AND WHO
IS ENTITLED UNDER THE STATE CONSTITUTION TO HAVE BENEFITS CALCULATED
UNDER SUCH PROVISION AS IT READ PRIOR TO SUCH NINETEEN HUNDRED
EIGHTY-SIX AMENDMENT, THE LUMP SUM DEATH BENEFIT SHALL BE DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION. WITH RESPECT TO A MEMBER OF
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO WAS
COVERED BY SUBDIVISION B OF THIS SECTION, AS ADDED BY CHAPTER EIGHT
HUNDRED NINETY OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, PRIOR TO ITS
REPEAL PURSUANT TO CHAPTER SIX HUNDRED SEVENTEEN OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-SIX AND WHO IS ENTITLED UNDER THE STATE CONSTITUTION TO
HAVE BENEFITS CALCULATED UNDER SUCH PROVISION AS IT READ PRIOR TO SUCH
NINETEEN HUNDRED EIGHTY-SIX AMENDMENT, THE LUMP SUM DEATH BENEFIT SHALL
BE DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
S 9. Subdivision d of section 605 of the retirement and social securi-
ty law is amended by adding a new paragraph 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE MINIMUM
BENEFIT PAYABLE TO A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM WHO HAS BEEN DETERMINED TO BE PHYSICALLY OR MENTALLY
INCAPACITATED FOR PERFORMANCE OF GAINFUL EMPLOYMENT AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY WILLFUL NEGLIGENCE
SUSTAINED IN THE PERFORMANCE OF DUTIES IN ACTIVE SERVICE WHILE ACTUALLY
A. 7972 7
A MEMBER OF THE RETIREMENT SYSTEM SHALL BE A PENSION OF ONE-THIRD OF
SUCH MEMBER'S FINAL AVERAGE SALARY.
S 10. Paragraph 2 of subdivision a of section 606 of the retirement
and social security law, as amended by chapter 559 of the laws of 2005,
is amended to read as follows:
2. A benefit upon the death of a member in service equal to the
member's salary upon his OR HER completion of one year of service, two
years' salary upon completion of two years of service, and three years'
salary upon completion of three years of service. In the case of a
member of a retirement system other than the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city board of education retirement system [or], the New York
city teachers' retirement system OR THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM, such benefit shall be subject to the following
limitations:
(a) If the member last joined the retirement system prior to attain-
ment of age fifty-two, the maximum benefit shall be three years' salary;
(b) If the member was age fifty-two when he OR SHE last joined the
retirement system, the maximum benefit shall be two and one-half times
annual salary;
(c) If the member was age fifty-three when he OR SHE last joined the
retirement system, the maximum benefit shall be two years' salary;
(d) If the member was age fifty-four when he OR SHE last joined the
retirement system, the maximum benefit shall be one and one-half times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when he OR SHE last joined the retirement system, the maximum benefit
shall be one year's salary; and
(f) If the member was age sixty-five or older when he OR SHE last
joined the retirement system, the maximum benefit shall be one thousand
dollars.
In the case of a member of a retirement system other than the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system OR THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, commencing upon attainment
of age sixty-one, the benefit otherwise provided pursuant to this para-
graph shall be reduced while the member is in service to ninety [percen-
tum] PER CENTUM of the benefit otherwise payable and each year thereaft-
er the benefit payable shall be reduced by an amount equal to ten
[percentum] PER CENTUM per year of the original benefit otherwise paya-
ble, but not below ten [percentum] PER CENTUM of the original benefit
otherwise payable.
In the case of a member of the New York state teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit other-
wise provided pursuant to this paragraph shall be reduced while the
member is in service to ninety-six per centum of the benefit otherwise
payable, and each year thereafter the benefit payable shall be reduced
by an amount equal to four per centum per year of the original benefit
otherwise payable, but not below sixty per centum of the original bene-
fit otherwise payable. In the case of a member of the New York city
employees' retirement system, the New York city board of education
retirement system or the New York city teachers' retirement system,
commencing upon attainment of age sixty-one, the benefit otherwise
provided pursuant to this paragraph shall be reduced while the member is
in service to ninety-five per centum of the benefit otherwise payable
A. 7972 8
and each year thereafter the benefit payable shall be reduced by an
amount equal to five per centum per year of the original benefit other-
wise payable, but not below fifty per centum of the original benefit
otherwise payable. IN THE CASE OF ANY MEMBER OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO IS PERMITTED TO RETIRE WITHOUT
REGARD TO AGE, COMMENCING UPON ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT
OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED WHILE THE
MEMBER IS IN SERVICE TO NINETY-SEVEN PER CENTUM OF THE BENEFIT OTHERWISE
PAYABLE, AND EACH YEAR THEREAFTER THE BENEFIT PAYABLE SHALL BE REDUCED
BY AN AMOUNT EQUAL TO THREE PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT
OTHERWISE PAYABLE, BUT NOT BELOW SEVENTY PER CENTUM OF THE ORIGINAL
BENEFIT OTHERWISE PAYABLE. IN THE CASE OF ANY OTHER MEMBER OF THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, COMMENCING UPON
ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT OTHERWISE PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL BE REDUCED WHILE THE MEMBER IS IN SERVICE TO NINE-
TY-SIX PER CENTUM OF THE BENEFIT OTHERWISE PAYABLE, AND EACH YEAR THERE-
AFTER THE BENEFIT PAYABLE SHALL BE REDUCED BY AN AMOUNT EQUAL TO FOUR
PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE, BUT NOT
BELOW SIXTY PER CENTUM OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE. Upon
retirement, from any retirement system, the benefit in force shall be
reduced by fifty [percentum] PER CENTUM; upon completion of the first
year of retirement, the benefit in force at the time of retirement shall
be reduced by an additional twenty-five [percentum] PER CENTUM, and upon
commencement of the third year of retirement, the benefit shall be ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age; provided,
however, the benefit in retirement shall not be reduced below ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THE
BENEFIT FOR A RETIREE FROM THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM SHALL NOT BE REDUCED BELOW TEN PER CENTUM OF THE BENE-
FIT IN FORCE AT THE TIME OF RETIREMENT.
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after October 16, 1992,
provided, however, that: (i) this act shall not apply to any payment of
benefits which became payable prior to October 16, 1992; (ii) sections
seven and eight of this act shall be effective if and, in such case,
only to the extent section 1 of chapter 617 of the laws of 1986 is
unconstitutional insofar as it abrogates the rights pursuant to section
508 of the retirement and social security law as added by section 1 of
chapter 890 of the laws of 1976, of public employees who became members
of the New York state and local employees' retirement system on or after
July 27, 1976 and before September 1, 1983; and (iii) the amendments to
sections 506, 507, 508, 605 and 606 of the retirement and social securi-
ty law made by sections five, six, six-a, seven, eight, nine and ten of
this act, shall not affect the expiration of such sections, as provided
by section 615 of the retirement and social security law, and shall
expire therewith.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would change the Retirement and Social Security Law as it
affects the New York State and Local Employees' Retirement System
(NYSLERS) and the New York State and Local Police and Fire Retirement
System (NYSLPFRS) to comply with the requirements of the Federal Older
Workers' Benefit Protection Act ("OWBPA"). Provisions relating to disa-
bility benefits, ordinary death benefits, and post-retirement death
A. 7972 9
benefits would be modified to be consistent with the benefits currently
being paid by the Retirement Systems, as required by OWBPA.
If this bill is enacted, there will be no increase in benefits being
paid by the NYSLERS and NYSLPFRS to members or beneficiaries. Therefore,
there will be no cost if this bill is enacted.
This estimate, dated March 17, 2009, and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-187 prepared by
the Actuary for the New York State and Local Police and Fire Retirement
System and the New York State and Local Employees' Retirement System.
co-Sponsors
John McEneny
William Colton
David Weprin
Audrey Pheffer
Jeffrion Aubry
multi-Sponsors
Joseph Saladino
Helene Weinstein
2009-A7972A (ACTIVE) - Details
- Law Section:
- Retirement and Social Security Law
- Laws Affected:
- Amd §§62, 362, 448, 506, 507, 508, 605 & 606, R & SS L
2009-A7972A (ACTIVE) - Summary
Provides for compliance by the NYS&LERS and NYS&LP&FRS with the requirements of the federal older workers' benefit protection act; provides that provisions relating to disability benefits, ordinary death benefits and post-retirement death benefits would be modified to be consistent with benefits currently paid by other retirement systems as required by OWBPA.
2009-A7972A (ACTIVE) - Sponsor Memo
BILL NUMBER:A7972A
TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to bringing
certain provisions of such law into accordance with the requirements of
the federal older workers' benefit protection act (OWBPA)
PURPOSE:
To amend provisions of the Retirement and Social Security Law ("RSSL")
relating to death and disability benefits payable to members and
beneficiaries of the New York State and Local Employees Retirement
System and the New York State and Local Police and Fire Retirement
System (the "Retirement Systems") in a manner that will comply with
the requirements of the Federal Older Workers' Benefit Protection Act.
SUMMARY OF PROVISIONS:
Section 1 of the bill is a declaration of legislative intent.
Section 2 of the bill would amend RSSL §62(b)(1) to except members
enrolled in a plan under §§ 70-a, 71 or 75 from its general rule
which provides that individuals who are granted ordinary disability
benefits after attaining age 60 shall receive benefits equal to the
amount of service retirement that would be payable. It further
provides that such plan members shall receive an amount calculated
under § 62(b)(2)(c)(2).
Section 3 of the bill would amend RSSL §362 to except members enrolled
in a plan under §§ 370-a, 371 or 375 from its general rule which
provides that individuals who are granted ordinary disability
benefits after attaining age 60 shall receive benefits equal to the
amount of service retirement that would be payable. It further
provides that such plan members shall receive an amount calculated
under § 362(b)(2)(c)(2).
Section 4 of the bill would amend RSSL §448(a) (2) to change the rate
of reduction of death benefit amounts payable to individuals based on
the age at which the member entered service. It eliminates for
Retirement System members, death benefit reductions of 10% per year
from age 61, up to a maximum of 90% reduction. It substitutes, for
certain members of the Retirement Systems, a benefit reduction
formula of 3% per year from age 61, not to exceed 60% of the original
benefit. Most members of The New York State and Local Retirement
System
("NYSLERS), upon reaching age 61, will have death benefit reductions
of 4% a year, not to
exceed 60% of the original benefit. It further provides that the
post-retirement death benefit for a NYSLERS member will not be less
than 10% of the benefit in force at the time of retirement.
Section 5 of the bill would amend RSSL §506(a) to exempt members of the
NYSLERS from its provision otherwise disqualifying individuals from
ordinary disability benefit eligibility because of the member's
eligibility for normal service retirement benefits.
Section 6 of the bill would amend RSSL §507(a) to exempt members of
the NYSLERS from ineligibility for accidental disability benefits
because of the member's eligibility for normal service retirement
benefits.
Section 6-a of the bill would amend RSSL §507(c) to change the
accidental disability benefits available to NYSLERS members to a
pension equal to 60% of final average salary less 50% of the primary
social security disability benefit, if any, and 100% of the workers
compensation benefits.
Section 7 of the bill would amend RSSL §508(a)(2) to change the rate
of reduction of death benefit amounts payable to individuals based on
the age of the member when he or she last joined the system. It also
eliminates for Retirement System members, death benefit reductions of
10% per year from age 61, up to a maximum of 90% reduction. It
substitutes, for certain members of the Retirement Systems, a
benefit reduction formula of 3% per year from age 61, not to
exceed 70% of the original benefit. Most members of NYSLERS, upon
reaching 61, will have death benefit reductions of 4% a year, not to
exceed 60% of the original benefit. It further provides that the
post-retirement death benefit for a NYSLERS member will not be less
than
10% of the benefit in force at the time of retirement.
Section 8 of the bill would amend RSSL §508 to increase death
benefits, in an OWBPA compliant manner, to a limited group of
Retirement System members who have a constitutional right to
coverage by a repealed provision of such section.
Section 9 of the bill would amend RSSL §605(d) to add a new paragraph
4 to provide a minimum death benefit for NYSLERS members who are
disabled as a result of an accident sustained in the performance of
duties in active service to one-third of the member's final
average salary.
Section 10 of the bill would amend RSSL §606 (a)(2) to change the
rate of reduction of death benefit amounts payable to individuals
based on the age of the member when he or she last joined the system.
It also eliminates for Retirement System members, death benefit
reductions of 10% per year from age 61, up to a maximum of 90%
reduction. It substitutes, for certain
members of the Retirement Systems, a benefit reduction formula of 3%
per year from age 61, not to exceed 70% of the original benefit. Most
members of the New York State and Local Retirement System
("NSLERS"), upon reaching age 61, will have death benefit reductions
of 4%
a year, not to exceed 60% of the original benefit. It further provides
that the post-retirement death benefit for a NYSLERS member will not
be less than 10% of the benefit in force at the time of retirement.
Section 11 provides for an immediate effective date, retroactive to
October 16, 1992, with certain qualifications.
JUSTIFICATION:
The federal Older Workers' Benefit Protection Act ("OWBPA") was
enacted in October 1990. OWBPA prohibits certain aged-based
discriminatory distinctions in disability and death benefits provided
by employers. OWBPA applies to disability retirement benefits
payable by the Retirement Systems on or after October 16, 1992, and
to all death benefits which became payable on account of deaths which
occurred on or after such date.
Because the Legislature has yet to amend the pertinent provisions of
the Retirement and Social Security Law, the Retirement Systems have
restructured the disability and death benefit formulas to comply with
OWBPA. The new formulas have been in place since June, 1996 and the
Retirement Systems have been paying all new benefits under the
restructured formulas, as well as making adjustments retroactive to
the October 16, 1992 compliance date to all individuals who were
previously paid under non-complying formulas.
The Retirement Systems' benefit structure is now in full compliance
with OWBPA and we believe that the New York State Constitution's
prohibition against diminution of established pension rights and
benefits renders these changes permanent. Nevertheless, the federal
Equal Employment Opportunity Commission has advised the Retirement
Systems that it may view the legislature's continuing failure to
change the pertinent provisions of the RSSL to comply with OWBPA to
be a "willful violation" of Federal Law, which could give rise to
"double damages" to large classes of disability pensioners and death
benefit beneficiaries. In view of this potential, substantial
liability and the fact that Federal Law requires the statutory
changes that would be accomplished by this bill, we believe enactment
of this measure is imperative.
In 1992, the Comptroller commissioned Buck Consultants, Inc.
(hereinafter referred to as "Buck") to analyze the death benefit
structure to determine whether and to what extent such structure
violated OWBPA. The resulting report contained recommendations as to
the best possible approaches to amending the benefit structure to
comply with OWBPA in a manner consistent with the Comptroller's
fiduciary responsibilities as Trustee of the New York State Common
Retirement Fund. The analyses and recommendations contained in the
resulting report were utilized and followed in the development of the
OWBPA-complying disability and death benefit structures that have
been adopted by the Retirement Systems and are provided by this
measure.
There are two ways in which an employer may provide employee
disability and death benefit plans that comply with OWBPA. The first
of the two - the "equal benefits" approach - is to provide benefits
under which the calculations and eligibility requirements do not
contain age-based distinctions. The second means of compliance is
commonly referred to as the "equal
costs" method, under which the costs of providing benefits to
different aged individuals are
equal. To use the more common terminology, a benefit plan with
age-based distinctions may comply with OWBPA if the age-based
distinctions can be "cost-justified".
In order to comply with both OWBPA and the New York State
constitution, the death benefit structure had to be revised so as
to increase benefits payable on account of the deaths of older
members - without decreasing amounts payable on account of younger
members. In view of this constitutional mandate to comply with OWBPA
in such a manner, it was less costly for the Retirement Systems to
adopt and implement "cost-justified" death and disability
retirement benefit structures than it would have been to implement
"equal benefits" structures. Minimizing the cost of complying with
OWBPA, however, is not the only reason that a cost-justified
approach was utilized by the Retirement systems. The Comptroller
had a fudiciary obligation to accomplish compliance in a
manner that followed the existing state statutory benefit structure
as closely as possible. The fact that the existing provisions of the
RSSL did make; aged-based distinctions in benefit calculations
required adoption of a "cost-justified" benefit structure.
Not all of the RSSL death and disability benefit provisions are
violative of OWBPA.
Accordingly, only the offending provisions are affected by this
measure. One of the two death benefits which Tier 2, 3 and 4 members
of the Employees' Retirement System may elect to pursuant to RSSL
sections 448, 508 and 606 contains age-based benefit reductions that
are not cost-justified. These sections provide for reductions in
benefits based on the age of the
individual at the time of entry into membership, and for additional
reductions based on the age at death (if death occurs following
attainment of age 61). Based on the Buck report findings, we have
determined that there is no cost justification for any reduction based
on age at entry to
membership, and accordingly, the restructured benefit formula removes
the existing reductions for age at membership.
These same sections of law provide for a second adjustment based on the
age of the member at the time of death. The reduction is 10% of the
benefit otherwise payable (on account of a qualifying death before
attainment of age 61) for each year by which the age at death
exceeds age 60. Reductions at this rate continue until attainment
of age 69, at which point the benefit is reduced by 90% of the amount
payable. Under the statute, the reduction may not
exceed 90%.
We have determined that the statutory reduction of 10% for death at
age 61 and an additional 10% for each year between age 61 and 69 is
not cost-justified. Rather, it was determined that the
appropriate cost-justified amount of the reduction for age at death
following attainment of age 61 for most Employees' Retirement System
members is 4% for each year by which the age at death exceeds 60.
With respect to Police and Fire System members (and
Employees' Retirement System members in special plans), it has been
determined that the appropriate cost-justified amount of the
reduction for age at death is 3% for each year by which the age at
death exceeds 60. The maximum reduction, which applies when death
occurs at age 70 or thereafter, is 40% for most Employees' Retirement
System members and 30% for Police and Fire System members (and for
Employees' Retirement System members in special plans). The
restructured benefit structure reflected by this measure adopts these
cost-justified reduction
percentages. However, we note that the provisions requiring aged-based
reductions apply only to a small minority of the Tier 2 Police and
Fire System membership.
Similarly, this bill would amend provisions of the RSSL that make
age-based distinctions for disability retirement benefits available
to members of the New York State and Local Retirement System that are
impermissible under OWBPA. Under the existing provisions of sections
62 and 362, the ordinary disability benefits payable to the very few
(if any) contributory Tier 1 and 2 members of both Systems who have
attained age 60 are limited to the amount of the service retirement
benefit that would be payable to such individuals. This measure would
amend those sections to provide that the disability benefits for such
individuals shall be calculated under statutory formulas applicable
to younger applicants. Sections 506 and 507 of the RSSL, which provide
disability retirement benefits for Tier 3 members of the Employees'
Retirement System, currently provide that individuals eligible for
"normal" retirement shall not be eligible. The phrase "normal
retirement benefits" refers to benefits which are not reduced for
early retirement (prior to attainment of age 62 for most Tier 3
members; 55 for those with 30 years of credited service).
Accordingly, these sections effectively provide that individuals who
have attained age 62 (or 55, with 30 years
of credited service) are ineligible for disability retirement. This
measure would remove these limitations, and make such disability
benefits available to individuals without regard to age. Lastly, this
bill would amend section 605 of the RSSL which currently provides for
impermissible age-based reductions in the benefit calculation. Under
this measure, section 605 provides a benefit equal to one-third of
final average salary to all applicants who are permanently
incapacitated as the result of an accident.
In conclusion, this measure would bring the statutory provisions
pertaining to disability and death benefits for members of the New
York State and Local Retirement Systems into compliance with OWBPA.
Enactment of this measure would not produce any additional costs to
the State or participating employers because the changes to the
benefit structure provided herein have already been implemented in
order to comply with OWBPA, and the employer billing rates in effect
already reflect these changes. We emphasize that federal law requires
these changes, and failure to amend the technically offending
provisions of the Retirement and Social Security Law may be viewed as
a "willful violation" of federal law that possibly could result in
damages.
In view of the foregoing, the Comptroller respectfully urges enactment
of this measure.
FISCAL NOTE:
This bill would change the Retirement and Social Security Law as it
affects the New York State and Local Employees' Retirement System
(NYSLERS) and the New York State and Local Police and Fire Retirement
System (NYSLPFRS) to comply with the requirements of the Federal
Older Workers' Benefit Protection Act ("OWBPA"). Provisions relating
to disability benefits, ordinary death benefits, and post-retirement
death benefits would be modified to be consistent with the benefits
currently being paid by the Retirement Systems, as required by OWBPA.
If this bill is enacted, there will be no increase in benefits
being paid by the NYSLERS and NYSLPFRS to members or beneficiaries.
Therefore, there will be no cost if this bill is enacted.
2009-A7972A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7972--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 30, 2009
___________
Introduced by M. of A. ABBATE, McENENY, COLTON -- Multi-Sponsored by --
M. of A. WEINSTEIN -- (at request of the State Comptroller) -- read
once and referred to the Committee on Governmental Employees --
committed to Governmental Employees -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the retirement and social security law, in relation to
bringing certain provisions of such law into accordance with the
requirements of the federal older workers' benefit protection act
(OWBPA)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Declaration of legislative intent. This act is intended to
bring the statutory provisions pertaining to the New York state and
local employees' retirement system and the New York state and local
police and fire retirement system into compliance with the Federal Older
Workers' Benefit Protection Act, P.L. 101-433, by providing death and
disability benefits for which the cost incurred on behalf of an older
member is no less than that incurred on behalf of a younger member of
such systems, as permissible under section 1625.10 of Title 29 of the
Code of Federal Regulations.
S 2. Paragraph 1 of subdivision b of section 62 of the retirement and
social security law, as amended by chapter 1087 of the laws of 1969, is
amended to read as follows:
1. If the member has attained age sixty when such retirement becomes
effective, his OR HER retirement allowance shall be equal to that which
he OR SHE would receive in the case of superannuation retirement, UNLESS
THE MEMBER IS ENROLLED IN A PLAN PROVIDED UNDER SECTION SEVENTY-A,
SEVENTY-ONE-A OR SEVENTY-FIVE OF THIS ARTICLE, IN WHICH CASE THE BENEFIT
SHALL BE CALCULATED IN THE MANNER DESCRIBED IN CLAUSE TWO OF SUBPARA-
GRAPH (C) OF PARAGRAPH TWO OF THIS SUBDIVISION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10320-03-0
A. 7972--A 2
S 3. Paragraph 1 of subdivision b of section 362 of the retirement and
social security law, as amended by chapter 1087 of the laws of 1969, is
amended to read as follows:
1. If a member has attained age sixty when such retirement becomes
effective, his OR HER retirement allowance shall be equal to that which
he OR SHE would receive in the case of superannuation retirement, UNLESS
THE MEMBER IS ENROLLED IN A PLAN PROVIDED UNDER SECTION THREE HUNDRED
SEVENTY-A, THREE HUNDRED SEVENTY-ONE-A OR THREE HUNDRED SEVENTY-FIVE OF
THIS ARTICLE, IN WHICH CASE THE BENEFIT SHALL BE CALCULATED IN THE
MANNER DESCRIBED IN CLAUSE TWO OF SUBPARAGRAPH (C) OF PARAGRAPH TWO OF
THIS SUBDIVISION.
S 4. Paragraph 2 of subdivision a of section 448 of the retirement and
social security law, as amended by chapter 559 of the laws of 2005, is
amended to read as follows:
2. A benefit upon the death of a member in service equal to the
member's salary upon his OR HER completion of one year of service, two
years' salary upon completion of two years of service, and three years'
salary upon completion of three years of service. In the case of a
member of a retirement system other than the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city board of education retirement system [or], the New York
city teachers' retirement system, THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM, such benefit shall be subject to the following limi-
tations:
(a) If the member last joined the retirement system prior to attain-
ment of age fifty-two, the maximum benefit shall be three years' salary;
(b) If the member was age fifty-two when he OR SHE last joined the
retirement system, the maximum benefit shall be two and one-half times
annual salary;
(c) If the member was age fifty-three when he OR SHE last joined the
retirement system, the maximum benefit shall be two years' salary;
(d) If the member was age fifty-four when he OR SHE last joined the
retirement system, the maximum benefit shall be one and one-half times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when he OR SHE last joined the retirement system, the maximum benefit
shall be one year's salary; and
(f) If the member was age sixty-five or older when he OR SHE last
joined the retirement system, the maximum benefit shall be one thousand
dollars.
In the case of a member of a retirement system other than the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system, THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE AND LOCAL
POLICE AND FIRE RETIREMENT SYSTEM, commencing upon attainment of age
sixty-one, the benefit otherwise provided pursuant to this paragraph
shall be reduced while the member is in service to ninety [percentum]
PER CENTUM of the benefit otherwise payable and each year thereafter the
benefit payable shall be reduced by an amount equal to ten [percentum]
PER CENTUM per year of the original benefit otherwise payable, but not
below ten [percentum] PER CENTUM of the original benefit otherwise paya-
ble.
In the case of a member of the New York state teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit other-
A. 7972--A 3
wise provided pursuant to this paragraph [two] shall be reduced while
the member is in service to ninety-six per centum of the benefit other-
wise payable and each year thereafter the benefit payable shall be
reduced by an amount equal to four per centum per year of the original
benefit otherwise payable, but not below sixty per centum of the
original benefit otherwise payable. In the case of a member of the New
York city employees' retirement system, the New York city board of
education retirement system or the New York city teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit other-
wise provided pursuant to this paragraph shall be reduced while the
member is in service to ninety-five per centum of the benefit otherwise
payable and each year thereafter the benefit payable shall be reduced by
an amount equal to five per centum per year of the original benefit
otherwise payable, but not below fifty per centum of the original bene-
fit otherwise payable. IN THE CASE OF ANY MEMBER OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO IS PERMITTED TO RETIRE WITH-
OUT REGARD TO AGE OR A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, COMMENCING UPON ATTAINMENT OF AGE SIXTY-ONE, THE
BENEFIT OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED
WHILE THE MEMBER IS IN SERVICE TO NINETY-SEVEN PER CENTUM OF THE BENEFIT
OTHERWISE PAYABLE, AND EACH YEAR THEREAFTER THE BENEFIT PAYABLE SHALL BE
REDUCED BY AN AMOUNT EQUAL TO THREE PER CENTUM PER YEAR OF THE ORIGINAL
BENEFIT OTHERWISE PAYABLE, BUT NOT BELOW SEVENTY PER CENTUM OF THE
ORIGINAL BENEFIT OTHERWISE PAYABLE. IN THE CASE OF ANY OTHER MEMBER OF
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, COMMENCING
UPON ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT OTHERWISE PROVIDED PURSU-
ANT TO THIS PARAGRAPH SHALL BE REDUCED WHILE THE MEMBER IS IN SERVICE TO
NINETY-SIX PER CENTUM OF THE BENEFIT OTHERWISE PAYABLE, AND EACH YEAR
THEREAFTER THE BENEFIT PAYABLE SHALL BE REDUCED BY AN AMOUNT EQUAL TO
FOUR PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE, BUT
NOT BELOW SIXTY PER CENTUM OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE.
Upon retirement from any retirement system, the benefit in force shall
be reduced by fifty [percentum] PER CENTUM; upon completion of the first
year of retirement, the benefit in force at the time of retirement shall
be reduced by an additional twenty-five [percentum] PER CENTUM, and upon
commencement of the third year of retirement, the benefit shall be ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age; provided,
however, the benefit in retirement shall not be reduced below ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THE
BENEFIT FOR A RETIREE FROM THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM SHALL NOT BE REDUCED BELOW TEN PER CENTUM OF THE BENE-
FIT IN FORCE AT THE TIME OF RETIREMENT.
S 5. Subdivision a of section 506 of the retirement and social securi-
ty law, as amended by chapter 559 of the laws of 2005, is amended to
read as follows:
a. A member in active service who is not eligible for a normal retire-
ment benefit shall, upon completing five years or more of service, be
eligible for the ordinary disability benefit described in subdivision b
of this section if such member has been determined to be eligible for
primary social security disability benefits; provided, however, that no
member of the New York state teachers' retirement system, the New York
city employees' retirement system, the New York city board of education
retirement system [or], the New York city teachers' retirement system OR
A. 7972--A 4
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM who is other-
wise eligible for ordinary disability benefits pursuant to this section
shall be deemed to be ineligible for such benefits because such member
is eligible for a normal service retirement benefit.
S 6. Subdivision a of section 507 of the retirement and social securi-
ty law, as amended by chapter 489 of the laws of 2008, is amended to
read as follows:
a. A member in active service, or a vested member incapacitated as the
result of a qualifying World Trade Center condition as defined in
section two of this chapter, who is not eligible for a normal service
retirement benefit shall be eligible for the accidental disability bene-
fit described in subdivision c of this section if such member has been
determined to be eligible for primary social security disability bene-
fits and was disabled as the natural and proximate result of an accident
sustained in such active service and not caused by such member's own
willful negligence; provided, however, that no member of the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system OR THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM who is otherwise eligible
for accidental disability benefits pursuant to this section shall be
deemed to be ineligible for such benefits because such member is eligi-
ble for a normal service retirement benefit.
S 6-a. Subdivision c of section 507 of the retirement and social secu-
rity law, as amended by chapter 559 of the laws of 2005, is amended to
read as follows:
c. In the case of a member of a retirement system other than THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, the New York state
teachers' retirement system, the New York city employees' retirement
system, the New York city board of education retirement system or the
New York city teachers' retirement system, the accidental disability
benefit hereunder shall be a pension equal to two percent of final aver-
age salary times years of credited service which such member would have
attained if employment had continued until such member's full escalation
date, not in excess of the maximum years of service creditable for the
normal service retirement benefit, less (i) fifty percent of the primary
social security disability benefit, if any, as provided in section five
hundred eleven of this article, and (ii) one hundred percent of any
workers' compensation benefits payable.
In the case of a member of THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM, the New York state teachers' retirement system, the
New York city employees' retirement system, the New York city board of
education retirement system or the New York city teachers' retirement
system, the accidental disability benefit hereunder shall be a pension
equal to sixty percent of final average salary, less (i) fifty percent
of the primary social security disability benefit, if any, as provided
in section five hundred eleven of this article, and (ii) one hundred
percent of any workers' compensation benefits payable. In the event a
disability retiree from any retirement system is not eligible for the
primary social security disability benefit and continues to be eligible
for disability benefits hereunder, such disability benefit shall be
reduced by one-half of such retiree's primary social security retirement
benefit, commencing at age sixty-two, in the same manner as provided for
service retirement benefits under section five hundred eleven of this
article.
A. 7972--A 5
S 7. Paragraph 2 of subdivision a of section 508 of the retirement and
social security law, as amended by chapter 559 of the laws of 2005, is
amended to read as follows:
2. A benefit upon the death of a member in service equal to the
member's salary upon his OR HER completion of one year of service, two
years' salary upon completion of two years of service, and three years'
salary upon completion of three years of service. In the case of a
member of a retirement system other than the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city board of education retirement system [or], the New York
city teachers' retirement system, OR THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM, such benefit shall be subject to the
following limitations:
(a) If the member last joined the retirement system prior to attain-
ment of age fifty-two, the maximum benefit shall be three years' salary;
(b) If the member was age fifty-two when he OR SHE last joined the
retirement system, the maximum benefit shall be two and one-half times
annual salary;
(c) If the member was age fifty-three when he OR SHE last joined the
retirement system, the maximum benefit shall be two years' salary;
(d) If the member was age fifty-four when he OR SHE last joined the
retirement system, the maximum benefit shall be one and one-half times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when he OR SHE last joined the retirement system, the maximum benefit
shall be one year's salary; and
(f) If the member was age sixty-five or older when he OR SHE last
joined the retirement system, the maximum benefit shall be one thousand
dollars.
In the case of a member of a retirement system other than the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system, OR THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, commencing upon attainment
of age sixty-one, the benefit otherwise provided pursuant to this para-
graph shall be reduced while the member is in service to ninety [percen-
tum] PER CENTUM of the benefit otherwise payable and each year thereaft-
er the benefit payable shall be reduced by an amount equal to ten
[percentum] PER CENTUM per year of the original benefit otherwise paya-
ble, but not below ten [percentum] PER CENTUM of the original benefit
otherwise payable.
Notwithstanding any other provision of this paragraph, in the case of
a member of the New York state teachers' retirement system, commencing
upon attainment of age sixty-one, the benefit otherwise provided pursu-
ant to this paragraph shall be reduced while the member is in service to
ninety-six per centum of the benefit otherwise payable, and each year
thereafter the benefit payable shall be reduced by an amount equal to
four per centum per year of the original benefit otherwise payable, but
not below sixty per centum of the original benefit otherwise payable. In
the case of a member of the New York city employees' retirement system,
the New York city board of education retirement system or the New York
city teachers' retirement system, commencing upon attainment of age
sixty-one, the benefit otherwise provided pursuant to this paragraph
shall be reduced while the member is in service to ninety-five per
centum of the benefit otherwise payable and each year thereafter the
benefit payable shall be reduced by an amount equal to five per centum
A. 7972--A 6
per year of the original benefit otherwise payable, but not below fifty
per centum of the original benefit otherwise payable. IN THE CASE OF
ANY MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
WHO IS PERMITTED TO RETIRE WITHOUT REGARD TO AGE, COMMENCING UPON
ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT OTHERWISE PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL BE REDUCED WHILE THE MEMBER IS IN SERVICE TO NINE-
TY-SEVEN PER CENTUM OF THE BENEFIT OTHERWISE PAYABLE, AND EACH YEAR
THEREAFTER THE BENEFIT PAYABLE SHALL BE REDUCED BY AN AMOUNT EQUAL TO
THREE PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE, BUT
NOT BELOW SEVENTY PER CENTUM OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE.
IN THE CASE OF ANY OTHER MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM, COMMENCING UPON ATTAINMENT OF AGE SIXTY-ONE, THE
BENEFIT OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED
WHILE THE MEMBER IS IN SERVICE TO NINETY-SIX PER CENTUM OF THE BENEFIT
OTHERWISE PAYABLE, AND EACH YEAR THEREAFTER THE BENEFIT PAYABLE SHALL BE
REDUCED BY AN AMOUNT EQUAL TO FOUR PER CENTUM PER YEAR OF THE ORIGINAL
BENEFIT OTHERWISE PAYABLE, BUT NOT BELOW SIXTY PER CENTUM OF THE
ORIGINAL BENEFIT OTHERWISE PAYABLE. Upon retirement from any retirement
system, the benefit in force shall be reduced by fifty [percentum] PER
CENTUM; upon completion of the first year of retirement, the benefit in
force at the time of retirement shall be reduced by an additional twen-
ty-five [percentum] PER CENTUM, and upon commencement of the third year
of retirement, the benefit shall be ten [percentum] PER CENTUM of the
benefit in force at age sixty, if any, or at the time of retirement if
retirement preceded such age; provided, however, the benefit in retire-
ment shall not be reduced below ten [percentum] PER CENTUM of the bene-
fit in force at age sixty, if any, or at the time of retirement if
retirement preceded such age. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS PARAGRAPH TO THE CONTRARY, THE BENEFIT FOR A RETIREE FROM THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM SHALL NOT BE REDUCED
BELOW TEN PER CENTUM OF THE BENEFIT IN FORCE AT THE TIME OF RETIREMENT.
S 8. Section 508 of the retirement and social security law is amended
by adding a new subdivision f to read as follows:
F. WITH RESPECT TO A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM WHO WAS COVERED BY PARAGRAPH TWO OF SUBDIVISION A OF
THE FORMER SECTION FIVE HUNDRED EIGHT OF THIS CHAPTER, AS ADDED BY CHAP-
TER EIGHT HUNDRED NINETY OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX,
PRIOR TO ITS REPEAL PURSUANT TO CHAPTER SIX HUNDRED SEVENTEEN OF THE
LAWS OF NINETEEN HUNDRED EIGHTY-SIX AND WHO IS ENTITLED UNDER THE STATE
CONSTITUTION TO HAVE BENEFITS CALCULATED UNDER SUCH PROVISION AS IT READ
PRIOR TO SUCH NINETEEN HUNDRED EIGHTY-SIX AMENDMENT, THE LUMP SUM DEATH
BENEFIT SHALL BE DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
WITH RESPECT TO A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM WHO WAS COVERED BY SUBDIVISION B OF THE FORMER SECTION
FIVE HUNDRED EIGHT OF THIS CHAPTER, AS ADDED BY CHAPTER EIGHT HUNDRED
NINETY OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, PRIOR TO ITS REPEAL
PURSUANT TO CHAPTER SIX HUNDRED SEVENTEEN OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-SIX AND WHO IS ENTITLED UNDER THE STATE CONSTITUTION TO
HAVE BENEFITS CALCULATED UNDER SUCH PROVISION AS IT READ PRIOR TO SUCH
NINETEEN HUNDRED EIGHTY-SIX AMENDMENT, THE LUMP SUM DEATH BENEFIT SHALL
BE DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
S 9. Subdivision d of section 605 of the retirement and social securi-
ty law is amended by adding a new paragraph 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE MINIMUM
BENEFIT PAYABLE TO A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM WHO HAS BEEN DETERMINED TO BE PHYSICALLY OR MENTALLY
A. 7972--A 7
INCAPACITATED FOR PERFORMANCE OF GAINFUL EMPLOYMENT AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY WILLFUL NEGLIGENCE
SUSTAINED IN THE PERFORMANCE OF DUTIES IN ACTIVE SERVICE WHILE ACTUALLY
A MEMBER OF THE RETIREMENT SYSTEM SHALL BE A PENSION OF ONE-THIRD OF
SUCH MEMBER'S FINAL AVERAGE SALARY.
S 10. Paragraph 2 of subdivision a of section 606 of the retirement
and social security law, as amended by chapter 559 of the laws of 2005,
is amended to read as follows:
2. A benefit upon the death of a member in service equal to the
member's salary upon his OR HER completion of one year of service, two
years' salary upon completion of two years of service, and three years'
salary upon completion of three years of service. In the case of a
member of a retirement system other than the New York state teachers'
retirement system, the New York city employees' retirement system, the
New York city board of education retirement system [or], the New York
city teachers' retirement system OR THE NEW YORK STATE AND LOCAL EMPLOY-
EES' RETIREMENT SYSTEM, such benefit shall be subject to the following
limitations:
(a) If the member last joined the retirement system prior to attain-
ment of age fifty-two, the maximum benefit shall be three years' salary;
(b) If the member was age fifty-two when he OR SHE last joined the
retirement system, the maximum benefit shall be two and one-half times
annual salary;
(c) If the member was age fifty-three when he OR SHE last joined the
retirement system, the maximum benefit shall be two years' salary;
(d) If the member was age fifty-four when he OR SHE last joined the
retirement system, the maximum benefit shall be one and one-half times
annual salary;
(e) If the member was age fifty-five or older but under age sixty-five
when he OR SHE last joined the retirement system, the maximum benefit
shall be one year's salary; and
(f) If the member was age sixty-five or older when he OR SHE last
joined the retirement system, the maximum benefit shall be one thousand
dollars.
In the case of a member of a retirement system other than the New York
state teachers' retirement system, the New York city employees' retire-
ment system, the New York city board of education retirement system
[or], the New York city teachers' retirement system OR THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, commencing upon attainment
of age sixty-one, the benefit otherwise provided pursuant to this para-
graph shall be reduced while the member is in service to ninety [percen-
tum] PER CENTUM of the benefit otherwise payable and each year thereaft-
er the benefit payable shall be reduced by an amount equal to ten
[percentum] PER CENTUM per year of the original benefit otherwise paya-
ble, but not below ten [percentum] PER CENTUM of the original benefit
otherwise payable.
In the case of a member of the New York state teachers' retirement
system, commencing upon attainment of age sixty-one, the benefit other-
wise provided pursuant to this paragraph shall be reduced while the
member is in service to ninety-six per centum of the benefit otherwise
payable, and each year thereafter the benefit payable shall be reduced
by an amount equal to four per centum per year of the original benefit
otherwise payable, but not below sixty per centum of the original bene-
fit otherwise payable. In the case of a member of the New York city
employees' retirement system, the New York city board of education
retirement system or the New York city teachers' retirement system,
A. 7972--A 8
commencing upon attainment of age sixty-one, the benefit otherwise
provided pursuant to this paragraph shall be reduced while the member is
in service to ninety-five per centum of the benefit otherwise payable
and each year thereafter the benefit payable shall be reduced by an
amount equal to five per centum per year of the original benefit other-
wise payable, but not below fifty per centum of the original benefit
otherwise payable. IN THE CASE OF ANY MEMBER OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM WHO IS PERMITTED TO RETIRE WITHOUT
REGARD TO AGE, COMMENCING UPON ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT
OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED WHILE THE
MEMBER IS IN SERVICE TO NINETY-SEVEN PER CENTUM OF THE BENEFIT OTHERWISE
PAYABLE, AND EACH YEAR THEREAFTER THE BENEFIT PAYABLE SHALL BE REDUCED
BY AN AMOUNT EQUAL TO THREE PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT
OTHERWISE PAYABLE, BUT NOT BELOW SEVENTY PER CENTUM OF THE ORIGINAL
BENEFIT OTHERWISE PAYABLE. IN THE CASE OF ANY OTHER MEMBER OF THE NEW
YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, COMMENCING UPON
ATTAINMENT OF AGE SIXTY-ONE, THE BENEFIT OTHERWISE PROVIDED PURSUANT TO
THIS PARAGRAPH SHALL BE REDUCED WHILE THE MEMBER IS IN SERVICE TO NINE-
TY-SIX PER CENTUM OF THE BENEFIT OTHERWISE PAYABLE, AND EACH YEAR THERE-
AFTER THE BENEFIT PAYABLE SHALL BE REDUCED BY AN AMOUNT EQUAL TO FOUR
PER CENTUM PER YEAR OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE, BUT NOT
BELOW SIXTY PER CENTUM OF THE ORIGINAL BENEFIT OTHERWISE PAYABLE. Upon
retirement, from any retirement system, the benefit in force shall be
reduced by fifty [percentum] PER CENTUM; upon completion of the first
year of retirement, the benefit in force at the time of retirement shall
be reduced by an additional twenty-five [percentum] PER CENTUM, and upon
commencement of the third year of retirement, the benefit shall be ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age; provided,
however, the benefit in retirement shall not be reduced below ten
[percentum] PER CENTUM of the benefit in force at age sixty, if any, or
at the time of retirement if retirement preceded such age. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS PARAGRAPH TO THE CONTRARY, THE
BENEFIT FOR A RETIREE FROM THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM SHALL NOT BE REDUCED BELOW TEN PER CENTUM OF THE BENE-
FIT IN FORCE AT THE TIME OF RETIREMENT.
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after October 16, 1992,
provided, however, that: (i) this act shall not apply to any payment of
benefits which became payable prior to October 16, 1992; and (ii)
sections seven and eight of this act shall be effective if and, in such
case, only to the extent section 1 of chapter 617 of the laws of 1986 is
unconstitutional insofar as it abrogates the rights pursuant to section
508 of the retirement and social security law as added by section 1 of
chapter 890 of the laws of 1976, of public employees who became members
of the New York state and local employees' retirement system on or after
July 27, 1976 and before September 1, 1983.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would change the Retirement and Social Security Law as it
affects the New York State and Local Employees' Retirement System
(NYSLERS) and the New York State and Local Police and Fire Retirement
System (NYSLPFRS) to comply with the requirements of the Federal Older
Workers' Benefit Protection Act ("OWBPA"). Provisions relating to disa-
bility benefits, ordinary death benefits, and post-retirement death
benefits would be modified to be consistent with the benefits currently
being paid by the Retirement Systems, as required by OWBPA.
A. 7972--A 9
If this bill is enacted, there will be no increase in benefits being
paid by the NYSLERS and NYSLPFRS to members or beneficiaries. Therefore,
there will be no cost if this bill is enacted.
This estimate, dated January 29, 2010, and intended for use only
during the 2010 Legislative Session, is Fiscal Note No. 2010-111
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System and the New York State and Local Employees' Retirement
System.
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