S T A T E O F N E W Y O R K
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6957--C
2009-2010 Regular Sessions
I N A S S E M B L Y
March 17, 2009
___________
Introduced by M. of A. SWEENEY, ABBATE, JOHN, WEISENBERG, FIELDS, PHEF-
FER, GALEF, HOOPER, BOYLAND, SCHROEDER, ZEBROWSKI -- Multi-Sponsored
by -- M. of A. ALFANO, BOYLE, CAHILL, CARROZZA, CHRISTENSEN, CLARK,
COLTON, COOK, CYMBROWITZ, DelMONTE, DESTITO, ESPAILLAT, GUNTHER,
JAFFEE, KOON, LENTOL, LUPARDO, MAGEE, MAYERSOHN, McENENY, MILLMAN,
ORTIZ, PERRY, POWELL, J. RIVERA, ROBINSON, TOWNS, WRIGHT -- read once
and referred to the Committee on Governmental Employees -- recommitted
to the Committee on Governmental Employees in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Education in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the retirement and social security law, in relation to
the employment of retired persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 212 of the retirement and social
security law, as amended by chapter 74 of the laws of 2006, is amended
to read as follows:
2. The earning limitations for retired persons in positions of public
service under this section shall be in accordance with the following
table:
For the year Earnings limitation
1996 $12,500
1997 $13,500
1998 $14,500
1999 $15,500
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02800-10-0
A. 6957--C 2
2000 $17,000
2001 $18,500
2002 $20,000
2003 $25,000
2004 $27,500
2005 and 2006 $27,500
2007 [and thereafter], $30,000
2008 AND 2009
2010 AND THEREAFTER $32,500
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2010.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend Section 212 of the Retirement and Social Securi-
ty Law to set the amount a retired person may earn in public employment
without reduction in retirement allowance during the year 2010 and ther-
eafter, to $32,500.
If this bill is enacted, insofar as it would affect the New York State
and Local Employees' Retirement System, we expect that a number of
members will retire earlier than they otherwise would have due to the
expectation of collecting both a pension and the salary they were
receiving before they retired. A significant number of members changing
their retirement dates will result in a shorter funding period and
greater annual employer contributions. The extent of the increase in
employer contributions will be determined by the number of members
retiring early to collect both salary and pension.
Insofar as this bill would affect the New York State and Local Police
and Fire Retirement System, there would be negligible additional annual
costs.
This estimate, dated December 4, 2009 and intended for use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-15, 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.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
With respect to the New York City Retirement Systems ("NYCRS"), this
proposed legislation would amend Retirement and Social Security Law
("RSSL") Section 212 to increase the earnings limit of certain members
who have returned to employment in Public Service.
The Effective Date of the proposed legislation would be the date of
enactment retroactive to January 1, 2010.
IMPACT ON BENEFITS: Retired members of the NYCRS are permitted to
return to employment in "Public Service" where such term means employ-
ment in the service of New York State ("NYS") or any of its political
divisions including:
* A special district,
* District corporation,
* School district,
* Board of cooperative educational services,
* County vocational education and extension board,
* Public benefit corporation,
* Public authority created by or pursuant to NYS laws, or
* An agency or organization which contributes as a participating
employer in a retirement system or pension plan administered by NYS or
any of its political subdivisions.
Retirees who return to Public Service and elect to be covered under
the provisions of RSSL Section 212 are permitted to earn in a calendar
A. 6957--C 3
year an amount not exceeding a specific dollar limit without loss,
suspension or diminution of their retirement allowances. Once a retiree
attains age 65 in a calendar year, there are no earnings limitations in
that calendar year or thereafter. Currently, the dollar limitation in
effect for Calendar Year 2007 and thereafter is $30,000.
Under the proposed legislation, the dollar limitation would be
increased to $32,500 for Calendar Year 2010 and thereafter.
FINANCIAL IMPACT - EMPLOYER COST: The ultimate cost of a pension plan
is the benefits it pays.
To the extent the current RSSL Section 212 earnings limitation applies
in Calendar Years 2010 and later, certain retirees would have their
retirement allowances temporarily suspended in years where their earn-
ings in Public Service exceed that earnings limitation.
Enactment of the proposed legislation would raise the amount that
could be earned in Public Service. This would result in a slight
increase in benefits paid to retirees where their Public Service earn-
ings exceed the current RSSL Section 212 earnings limitation.
If a definite amount of change to the expected retirement allowances
to be paid in a calendar year were known, it would be reflected in the
fiscal year the legislation is enacted.
However, a change in the applicable retirement allowances paid to
NYCRS retired members in a calendar year under this proposed legislation
are not known in advance. These changes would be treated as actuarial
experience gains/losses recognized in the assets of the respective NYCRS
at the end of that fiscal year (i.e., a change in retirement allowances
paid during Calendar Year 2010 would be reflected in the NYCRS assets as
of June 30, 2011).
Under the Lag actuarial valuation methodology, adjustments in the June
30, 2011 asset values would first impact employer contributions to the
respective NYCRS for Fiscal Year 2013.
For those NYCRS reemployed retirees who have elected to become subject
to RSSL Section 212 and who have exceeded the limit, the Actuary esti-
mates that the theoretical maximum annual potential impact of the
proposed legislation would be to increase payouts from the NYCRS by less
than $150,000.
However, recent experience of all reemployed retirees shows that the
majority choose to limit their post-retirement earnings in Public
Service to be less than the maximum amount permissible before retirement
benefits would be suspended.
Consequently, the Actuary believes that the increase in the dollar
limit from $30,000 to $32,500 would increase payouts from the NYCRS by
significantly less than $150,000 and, overall, there would be a de
minimis impact on the retirement allowances otherwise payable.
FINANCIAL IMPACT: EMPLOYER CONTRIBUTIONS: If enacted during the 2010
Legislative Session, the impact on employer costs to the NYCRS would
begin Fiscal Year 2013.
Any changes in NYCRS assets that result in changes in the Actuarial
Present Values of Future Normal Costs would be financed through future
employer normal contributions.
Overall, the Actuary believes the changes in employer costs and
employer contributions to the NYCRS as a result of enactment of the
proposed legislation would be de minimis.
OTHER COSTS: Not measured in this Fiscal Note are any possible
increased administrative costs attributable to enactment of the proposed
legislation.
A. 6957--C 4
CENSUS DATA: For purposes of analyzing the impact of the proposed
legislation, data on retirees reemployed in Public Service were
furnished by the staffs of the NYCRS. This data was reviewed and consid-
ered illustrative of those who could potentially be impacted by this
proposed legislation. Where data was not final, a percentage of those
retirees employed in Public Service under age 65 were assumed to exceed
the RSSL Section 212 limit.
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Table 1
NYCRS Retirees Reemployed in Public Service
Who Elected to Be Subject to
RSSL Section 212
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Number Reemployed
Number Reemployed Under Age 65
All Ages Earnings in Excess
Retirement System{1} Any Earnings of $30,000
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NYCERS{2} 240 36{4}
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TRS{2} 3,402 4
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BERS{3} 40{4} 2
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POLICE{2} 141 12
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FIRE{3} 9 2{4}
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Total 3,832 56
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{1} New York City Employees' Retirement System ("NYCERS")
New York City Teachers' Retirement System ("TRS")
New York City Board of Education Retirement System ("BERS")
New York City Police Pension fund ("POLICE")
New York City Fire Pension Fund ("FIRE")
{2} The reemployment period is Calendar Year 2009.
{3} The reemployment period is Calendar Year 2008.
{4} Estimated from information furnished.
ACTUARIAL ASSUMPTIONS AND METHODS: Any changes in Actuarial Present
Values of Benefits and employer contributions have been estimated based
on the actuarial assumptions and methods used in the June 30, 2008 (Lag)
actuarial valuations of the NYCRS.
For purposes of analyzing the impact of the proposed legislation, it
was assumed that the current number of reemployed NYCRS retirees in
Public Service under age 65 earning in excess of the RSSL Section 212
dollar limit would remain constant over time.
It was also assumed that the earnings in Public Service of such reem-
ployed retirees would also exceed the proposed new RSSL Section 212
dollar limit by amounts comparable to those being earned in excess of
the current dollar limit.
A. 6957--C 5
This estimate is intended for use only during the 2010 Legislative
Session. It is Fiscal Note 2010-09, dated April 8, 2010 prepared by the
Chief Actuary for the New York City Retirement Systems.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend subdivision 2 of section 212 of the Retirement
and Social Security Law to increase the earnings limitation for retired
members in positions of public employment to $32,500 for the calendar
year 2010 and thereafter. The prior year's earnings limitation was
$30,000.
The annual cost to the employers of members of the New York State
Teachers' Retirement System is estimated to be negligible if this bill
is enacted.
The source of this estimate is Fiscal Note 2010-42 dated April 26,
2010 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2010 Legislative Session.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend subdivision 2 of section 212 of the Retirement
and Social Security Law to increase the earnings limitation for retired
members in positions of public employment to $32,500 for the calendar
year 2010 and thereafter. The prior year's earnings limitation was
$30,000.
The annual cost to the employers of members of the New York State
Teachers' Retirement System is estimated to be negligible if this bill
is enacted.
The source of this estimate is Fiscal Note 2010-42 dated April 26,
2010 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2010 Legislative Session.