S T A T E O F N E W Y O R K
________________________________________________________________________
2822
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. ABBATE, BENEDETTO, BOYLAND, CAHILL, COLTON, McEN-
ENY, SPANO -- Multi-Sponsored by -- M. of A. AUBRY, CHRISTENSEN,
CLARK, GREENE, JOHN, MAGEE, ORTIZ, PERRY, PHEFFER, J. RIVERA,
N. RIVERA, SWEENEY, WEINSTEIN, WEISENBERG -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, the education
law and the administrative code of the city of New York, in relation
to providing cost-of-living adjustments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision g of section 78-a of the retirement and social
security law, as added by chapter 125 of the laws of 2000, is amended to
read as follows:
g. Notwithstanding any other provision of law, EFFECTIVE THE FIRST DAY
OF SEPTEMBER, TWO THOUSAND NINE, the surviving spouse of a deceased
retired member who retired under an option which provides that benefits
are to be continued for life to the surviving spouse after the death of
the retired member, shall be entitled to receive benefits pursuant to
this section. Said benefits shall be [fifty] ONE HUNDRED percent of the
monthly benefits which the pensioner would be receiving pursuant to this
section if living, and shall commence (i) with a payment for the month
of September, two thousand NINE, or (ii) the month following the death
of the deceased retired member, whichever is later.
S 2. Subdivision g of section 378-a of the retirement and social secu-
rity law, as added by chapter 125 of the laws of 2000, is amended to
read as follows:
g. Notwithstanding any other provision of law, EFFECTIVE THE FIRST DAY
OF SEPTEMBER, TWO THOUSAND NINE, the surviving spouse of a deceased
retired member who retired under an option which provides that benefits
are to be continued for life to the surviving spouse after the death of
the retired member, shall be entitled to receive benefits pursuant to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05602-01-9
A. 2822 2
this section. Said benefits shall be [fifty] ONE HUNDRED percent of the
monthly benefits which the pensioner would be receiving pursuant to this
section if living, and shall commence (i) with a payment for the month
of September, two thousand NINE, or (ii) the month following the death
of the deceased retired member, whichever is later.
S 3. Subdivision g of section 532-a of the education law, as added by
chapter 125 of the laws of 2000, is amended to read as follows:
g. Notwithstanding any other provision of law, EFFECTIVE THE FIRST DAY
OF SEPTEMBER, TWO THOUSAND NINE, the surviving spouse of a deceased
retired member who retired under an option which provides that benefits
are to be continued for life to the surviving spouse after the death of
the retired member, shall be entitled to receive benefits pursuant to
this section. Said benefits shall be [fifty] ONE HUNDRED percent of the
monthly benefits which the pensioner would be receiving pursuant to this
section if living, and shall commence (i) with a payment for the month
of September, two thousand NINE, or (ii) the month following the death
of the deceased retired member, whichever is later.
S 4. Subdivision g of section 13-696 of the administrative code of the
city of New York, as added by chapter 125 of the laws of 2000, is
amended to read as follows:
g. Notwithstanding any other provision of law, EFFECTIVE THE FIRST DAY
OF SEPTEMBER, TWO THOUSAND NINE, the surviving spouse of a deceased
retired member of the New York city employees' retirement system, the
New York city teachers' retirement system, the New York city police
pension fund, the New York city fire department pension fund or the New
York city board of education retirement system who retired under an
option which provides that benefits are to be continued for life to the
surviving spouse after the death of the member, shall be entitled to
receive a benefit pursuant to this section. Said benefit shall be
[fifty] ONE HUNDRED percent of the monthly benefit which the pensioner
would be receiving if living, and shall commence (i) with a payment for
the month of September, two thousand NINE, or (ii) the month following
the death of the deceased retired member, whichever is later.
S 5. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide an increase in the defined benefit cost-of-
living adjustment (COLA) for New York public retirement systems. Start-
ing with a payment in September 2009 the cost of living benefit payable
to a surviving spouse who is eligible for COLA will be increased from
fifty percent to one hundred percent of the benefit that the pensioner
would have received.
Insofar as this bill affects the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System, if this bill were enacted there would be an estimated
first year cost of approximately $50 million to the State of New York,
$68 million to participating employers in the New York State and Local
Employees' Retirement System and $8 million to the participating employ-
ers in the New York State and Local Police and Fire Retirement System.
This estimate, dated December 12, 2008 and intended for use only
during the 2009 Legislative Session, is Fiscal Note No. 2009-59,
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.