NY State Assembly Bill 2009-A8944

Assembly Bill A8944

2009-2010 Legislative Session

Provides that actuaries of the N.Y. state public retirement systems shall prepare fiscal notes pursuant to requirements of the legislative law

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to governmental employees
Jun 17, 2009	reported referred to ways and means
Jun 16, 2009	referred to governmental employees

2009-A8944 (ACTIVE) - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Legislative Law
Laws Affected:: Amd §50, Leg L; add §§809 & 810, R & SS L

2009-A8944 (ACTIVE) - Summary

Provides that actuaries of the NYS public retirement systems shall prepare fiscal notes pursuant to requirements of the legislative law and establishes the actuarial oversight board.

2009-A8944 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8944

TITLE OF BILL:  An act to amend the legislative law and the retirement
and social security law, in relation to the preparation of legislative
fiscal  notes  and  providing  for  the repeal of such provisions upon
expiration thereof

PURPOSE: The purpose of this  legislation  is  to  provide  the  state
legislature with accurate, timely fiscal notes on bills that are being
reviewed  so  that  a  sound  decision  may  be  made  with  regard to
legislative action.

JUSTIFICATION: It is critically important to ensure  that  all  fiscal
notes  required  pursuant to section 50 of the legislative law reflect
the most accurate estimate of the total cost of any proposed change to
a retirement system or plan of the state of New York  or  any  of  its
political  subdivisions.  In  order to accomplish this public purpose,
this bill would mandate that all fiscal  notes  required  pursuant  to
section  50  should  be prepared and submitted by the chief actuary of
the affected retirement system or plan, if applicable, in as timely  a
manner  as  practicable.  This bill would also require that all fiscal
notes generated pursuant to such  section  shall  represent  the  best
faith  estimate of the chief actuary of the affected retirement system
or plan, if applicable, and that such estimate shall be  generated  in
accordance   with   the  generally-accepted  actuarial  standards  and
practices in effect at the time for such retirement  system  or  plan.

This  bill provides the legislature with precise insight into the cost
estimates of legislation that affects the retirement systems or  plans
across the state.

SUMMARY  OF  PROVISIONS:  Section one - Legislative Findings.  Section
two - would amend the legislative law section  50  to  require  fiscal
notes  to  be prepared by the chief actuary of the affected retirement
system or plan.

Section three - would amend the retirement and  social  security  law,
adding  two  new  sections,  809  and 810, to allow for preparation of
legislative fiscal notes, State and City systems, and funding for such
preparation.

Sections four - Effective Date.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: If this bill were enacted in the 2009 Legislative
Session, there would be no cost to the State of New York. If this bill
were enacted in the 2009 Legislative Session, it would save  the  City
of  New  York  approximately  $6  million  dollars  that  is currently
allocated in the City budget for the operations of NYC Actuary.

EFFECTIVE DATE: This act would take effect Ninety days after is  shall
have become law and be deemed repealed on June 30, 2011.

2009-A8944 (ACTIVE) - Bill Text download pdf

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

                                  8944

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT to amend the legislative law and the retirement and social secu-
  rity law, in relation to the preparation of legislative  fiscal  notes
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section 1. Legislative findings. The  legislature  finds  that  it  is
critically  important  to ensure that all fiscal notes required pursuant
to section 50 of the legislative law reflect the most accurate  estimate
of  the total cost of any proposed change to a retirement system or plan
of the state of New York or any of its political subdivisions. In  order
to accomplish this public purpose, the legislature hereby finds that all
fiscal  notes  required  pursuant  to  section 50 of the legislative law
should be prepared and submitted by the chief actuary  of  the  affected
retirement system or plan, if applicable, in as timely a manner as prac-
ticable.  The  legislature further finds that all fiscal notes generated
pursuant to such section 50 shall represent the best faith  estimate  of
the chief actuary of the affected retirement system or plan, if applica-
ble,  and  that  such estimate shall be generated in accordance with the
generally-accepted actuarial standards and practices in  effect  at  the
time for such retirement system or plan.
  S 2. Section 50 of the legislative law, as added by chapter 503 of the
laws of 1971, is amended to read as follows:
  S 50. Fiscal  note  in retirement bills. A bill which enacts or amends
any provision of law relating to a retirement  system  or  plan  of  the
state  of New York or of any of its political subdivisions shall contain
a fiscal note stating the estimated annual cost to the employer affected
and the source of such estimate.  ALL  FISCAL  NOTES  REQUIRED  BY  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11714-06-9

A. 8944                             2

SECTION  SHALL  BE PREPARED BY THE CHIEF ACTUARY OF THE AFFECTED RETIRE-
MENT SYSTEM.
  S  3.  The retirement and social security law is amended by adding two
new sections 809 and 810 to read as follows:
  S 809. PREPARATION OF LEGISLATIVE FISCAL NOTES. A. 1.  NOTWITHSTANDING
ANY OTHER PROVISION OF ANY GENERAL,  SPECIAL,  OR  LOCAL  LAW,  CHARTER,
ADMINISTRATIVE  CODE  OR RULE OR REGULATION TO THE CONTRARY, THE ACTUARY
OF EACH PUBLIC RETIREMENT SYSTEM, AS DEFINED IN SUBDIVISION A OF SECTION
EIGHT HUNDRED OF THIS ARTICLE, IS RESPONSIBLE FOR FISCAL NOTES ON LEGIS-
LATION AFFECTING THE PUBLIC  RETIREMENT  SYSTEM  FOR  WHICH  HE  OR  SHE
PROVIDES  ACTUARIAL  SERVICES  IN  ACCORDANCE  WITH SECTION FIFTY OF THE
LEGISLATIVE LAW. EACH FISCAL NOTE SHALL BE PREPARED BY APPLYING GENERAL-
LY ACCEPTED ACTUARIAL METHODOLOGIES TO ESTIMATE THE FINANCIAL IMPACT  OF
LEGISLATION  SUBMITTED  FOR ACTUARIAL REVIEW.   IN THE EVENT LEGISLATION
CONTAINS PROVISIONS  APPLICABLE  TO  MORE  THAN  ONE  PUBLIC  RETIREMENT
SYSTEM,  A  FISCAL  NOTE  ASSESSING  THE FINANCIAL IMPACT ON EACH SYSTEM
SHALL BE PREPARED.
  2. LEGISLATIVE FISCAL NOTES REQUIRED PURSUANT TO SECTION FIFTY OF  THE
LEGISLATIVE  LAW  SHALL  BE  REQUESTED  IN WRITING. SUCH WRITTEN REQUEST
SHALL ACCOMPANY A DRAFT OF THE PROPOSED LEGISLATION  AND  MEMORANDUM  IN
SUPPORT  AND SHALL CLEARLY IDENTIFY THE NAME OF THE INDIVIDUAL OR ENTITY
REQUESTING SUCH FISCAL NOTE AND THE DATE THAT SUCH REQUEST WAS MADE.
  3. FISCAL NOTES REQUESTED PURSUANT TO PARAGRAPH TWO OF  THIS  SUBDIVI-
SION  SHALL  BE  PROVIDED  TO  THE  REQUESTING INDIVIDUAL OR ENTITY IN A
REASONABLE AND TIMELY MANNER. UPON COMPLETION OF THE  FISCAL  NOTE,  THE
ACTUARY  SHALL  NOT  CIRCULATE  THE  FISCAL  NOTE  PUBLICLY PRIOR TO THE
RECEIPT OF THE FISCAL NOTE BY THE ORIGINAL REQUESTER.  ALL FISCAL  NOTES
SHALL  BE SUBJECT TO ALL FREEDOM OF INFORMATION LAWS IN THE STATE OF NEW
YORK.
  B. 1. THE ACTUARY OF THE NEW YORK STATE AND LOCAL  EMPLOYEES'  RETIRE-
MENT  SYSTEM AND THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM MAY BE RESPONSIBLE FOR  PREPARING  LEGISLATIVE  FISCAL  NOTES  AS
PROVIDED  IN  SUBDIVISION  A OF THIS SECTION WHICH MAY BE FUNDED THROUGH
THE PORTION OF THE ADMINISTRATIVE BUDGET OF SUCH SYSTEM ATTRIBUTABLE  TO
THE  POWERS  AND  DUTIES  OF THE ACTUARY AS PROVIDED BY LAW OR OTHERWISE
REQUIRED BY THE COMPTROLLER.
  2. THE ACTUARY OF THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM  MAY
BE  RESPONSIBLE  FOR  PREPARING  LEGISLATIVE FISCAL NOTES AS PROVIDED IN
SUBDIVISION A OF THIS SECTION WHICH MAY BE FUNDED THROUGH THE PORTION OF
THE ADMINISTRATIVE BUDGET OF SUCH SYSTEM ATTRIBUTABLE TO THE POWERS  AND
DUTIES  OF  THE  ACTUARY AS PROVIDED BY LAW OR OTHERWISE REQUIRED BY THE
BOARD OF TRUSTEES OF SUCH SYSTEM.
  C. THE ACTUARY OF THE FIVE ACTUARIALLY FUNDED  RETIREMENT  SYSTEMS  OF
THE  CITY  OF  NEW  YORK  SHALL, IN ADDITION TO THE POWERS DELINEATED IN
SUBDIVISION A OF  THIS  SECTION,  FULFILL  SUCH  POWERS  AND  DUTIES  AS
PROVIDED  IN THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, THE EDUCA-
TION LAW AND ALL OTHER APPLICABLE SECTIONS OF LAW, AND PERFORM ALL OTHER
DUTIES AS REQUIRED BY THE BOARDS OF TRUSTEES  OF  THE  FIVE  ACTUARIALLY
FUNDED RETIREMENT SYSTEMS IN THE CITY OF NEW YORK.
  S  810.  ACTUARIAL OVERSIGHT BOARD. A. THERE IS HEREBY ESTABLISHED THE
ACTUARIAL OVERSIGHT BOARD ("BOARD") AS AN INDEPENDENT ENTITY WITHIN  THE
GUISE OF THE FIVE PUBLIC RETIREMENT SYSTEMS OF THE CITY OF NEW YORK.
  B. THE BOARD SHALL CONSIST OF FIVE MEMBERS AS FOLLOWS: 1. ONE APPOINT-
MENT BY THE BOARD OF TRUSTEES OF THE NEW YORK CITY EMPLOYEES' RETIREMENT
SYSTEM; 2. ONE APPOINTMENT BY THE BOARD OF TRUSTEES OF THE NEW YORK CITY
TEACHERS' RETIREMENT SYSTEM; 3. ONE APPOINTMENT BY THE BOARD OF TRUSTEES

A. 8944                             3

OF  THE  NEW  YORK  CITY  BOARD  OF  EDUCATION RETIREMENT SYSTEM; 4. ONE
APPOINTMENT BY THE BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE PENSION
FUND; 5. ONE APPOINTMENT BY THE BOARD OF TRUSTEES OF THE NEW  YORK  CITY
FIRE  DEPARTMENT PENSION FUND.  EACH MEMBER OF THE BOARD SHALL SERVE FOR
A TERM OF TWO YEARS.  EACH APPOINTMENT SHALL ONLY REPRESENT ONE  OF  THE
ACTUARIALLY  FUNDED  RETIREMENT  SYSTEMS WITHIN THE TWO YEAR APPOINTMENT
TERM.  ALL MEMBERS SHALL CONTINUE IN OFFICE UNTIL THEIR SUCCESSORS  HAVE
BEEN  APPOINTED.  THE MEMBERS SHALL SERVE WITHOUT COMPENSATION FOR THEIR
SERVICES AS MEMBERS, BUT SHALL BE ENTITLED TO REIMBURSEMENT  FOR  ACTUAL
AND  NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. THE
STATE AND CITY OF NEW YORK SHALL HOLD HARMLESS AND INDEMNIFY MEMBERS  OF
THE  BOARD  PURSUANT  TO  SECTIONS  SEVENTEEN AND EIGHTEEN OF THE PUBLIC
OFFICERS LAW AGAINST ANY CLAIM, DEMAND,  SUIT  OR  JUDGMENT  ARISING  BY
REASON  OF ANY ACT OR OMISSION BY SUCH MEMBER OCCURRING IN THE DISCHARGE
OF HIS OR HER DUTIES AND WITHIN THE SCOPE  OF  HIS  OR  HER  SERVICE  ON
BEHALF  OF  THE BOARD. THE BOARD AND ITS MEMBERS SHALL BE SUBJECT TO THE
PROVISIONS OF SECTIONS SEVENTY-THREE  AND  SEVENTY-FOUR  OF  THE  PUBLIC
OFFICERS  LAW  AND CHAPTER SIXTY-EIGHT OF THE CHARTER OF THE CITY OF NEW
YORK. NOTWITHSTANDING ANY OTHER PROVISION OF  ANY  GENERAL,  SPECIAL  OR
LOCAL  LAW,  CHARTER,  ADMINISTRATIVE  CODE OR RULE OR REGULATION TO THE
CONTRARY, NO OFFICER OR EMPLOYEE OF THE STATE OR CIVIL DIVISION  THEREOF
SHALL  BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE OR
EMPLOYMENT BY REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE BOARD
CREATED BY THIS SUBDIVISION.
  C. THE CHAIRPERSON OF THE BOARD SHALL  BE  THE  MEMBER  OF  THE  BOARD
APPOINTED  BY  THE  RETIREMENT  SYSTEM  HAVING THE LARGEST PERCENTAGE OF
ASSETS OF THE FIVE ACTUARIALLY FUNDED RETIREMENT SYSTEMS OF THE CITY  OF
NEW YORK AS OF THE END OF THE PRECEDING FISCAL YEAR AS DETERMINED BY THE
COMPTROLLER OF THE CITY OF NEW YORK.
  D.  THE  BOARD SHALL MEET NO LESS THAN ONCE EACH QUARTER IN A CALENDAR
YEAR. MEETINGS OF THE BOARD SHALL COMPLY  WITH  THE  OPEN  MEETINGS  LAW
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. THE ACTUARY OF THE
FIVE ACTUARIALLY FUNDED RETIREMENT SYSTEMS IN THE CITY OF NEW YORK SHALL
ASSIGN TO THE BOARD A SUFFICIENT NUMBER OF CLERICAL AND OTHER ASSISTANTS
TO  PERMIT  THE  BOARD TO EFFICIENTLY EXERCISE ITS POWERS AND TO PERFORM
ITS DUTIES.
  E.  A MAJORITY OF THE WHOLE NUMBER OF THE MEMBERS OF THE BOARD,  AT  A
MEETING  DULY HELD AT A TIME FIXED BY LAW, OR BY ANY BY-LAW DULY ADOPTED
BY THE BOARD, OR AT ANY DULY ADJOURNED MEETING OF SUCH MEETING OR AT ANY
MEETING DULY HELD UPON REASONABLE NOTICE TO ALL OF THE  MEMBERS  OF  THE
BOARD,  SHALL  CONSTITUTE  A  QUORUM AND NOT LESS THAN A MAJORITY OF THE
WHOLE NUMBER OF THE BOARD MAY PERFORM AND EXERCISE THE POWERS AUTHORIZED
AND PROVIDED IN THIS SECTION. FOR THE PURPOSE OF THIS SECTION THE  WORDS
"WHOLE  NUMBER"  SHALL  BE CONSTRUED TO MEAN THE TOTAL NUMBER WHICH SUCH
BOARD WOULD HAVE WERE THERE NO VACANCIES AND WERE NONE OF THE MEMBERS OF
SUCH BOARD DISQUALIFIED FROM ACTING.
  F. THE BOARD IS EMPOWERED TO OVERSEE THE OPERATIONS OF THE ACTUARY  OF
THE  FIVE  ACTUARIALLY FUNDED RETIREMENT SYSTEMS OF THE CITY OF NEW YORK
INCLUDING AUDITING AND MONITORING THE IMPLEMENTATION OF THE ANNUAL BUDG-
ET AND ALL ADMINISTRATIVE OPERATIONS. THE BOARD IS EMPOWERED TO  OVERSEE
A REASONABLE TIMEFRAME FOR THE PREPARATION OF FISCAL NOTES AFFECTING ANY
OF  THE  FIVE  ACTUARIALLY  FUNDED RETIREMENT SYSTEMS IN THE CITY OF NEW
YORK.  THE ACTUARY OF THE FIVE  ACTUARIALLY  FUNDED  RETIREMENT  SYSTEMS
SHALL  PRODUCE  FISCAL  NOTES  WITHIN FOURTEEN CALENDAR DAYS BETWEEN THE
MONTHS OF JANUARY FIRST TO JUNE THIRTIETH AND FORTY-FIVE  CALENDAR  DAYS
BETWEEN  JULY  FIRST  AND DECEMBER THIRTY-FIRST. NOTHING IN THIS SECTION

A. 8944                             4

SHALL PROHIBIT THE ACTUARY OF THE  FIVE  ACTUARIALLY  FUNDED  RETIREMENT
SYSTEMS  FROM PRODUCING FISCAL NOTES IN A LESSER PERIOD OF TIME THAN SET
FORTH BY THIS SECTION.
  G.  THE  ACTUARY  OF THE FIVE ACTUARIALLY FUNDED RETIREMENT SYSTEMS OF
THE CITY OF NEW YORK SHALL SUBMIT TO THE BOARD A PROPOSED ANNUAL  ADMIN-
ISTRATIVE  BUDGET WHICH IS SUFFICIENT TO CARRY OUT THE POWERS AND DUTIES
OF SUCH ACTUARY AS PROVIDED BY LAW. SUCH PROPOSED BUDGET  SHALL  INCLUDE
AN  ALLOCATION  FOR  REIMBURSEMENT  FOR  ACTUAL  AND  NECESSARY EXPENSES
INCURRED BY THE MEMBERS OF THE BOARD IN THE PERFORMANCE OF THEIR DUTIES.
THE BOARD SHALL HAVE  THE  POWER  TO  APPROVE,  MODIFY  OR  REJECT  SUCH
PROPOSED  ANNUAL ADMINISTRATIVE BUDGET; PROVIDED, HOWEVER, THAT UPON THE
EFFECTIVE DATE OF THIS SECTION FOR CITY FISCAL YEAR TWO THOUSAND TEN THE
BUDGET OF THE ACTUARY OF THE FIVE ACTUARIALLY FUNDED RETIREMENT  SYSTEMS
OF  THE  CITY  OF  NEW  YORK SHALL BE EQUAL TO THE ADOPTED BUDGET OF THE
OFFICE OF THE ACTUARY FOR CITY FISCAL YEAR TWO THOUSAND NINE  AS  SPECI-
FIED IN THE ADOPTED BUDGET OF THE CITY OF NEW YORK INCLUDING ANY MODIFI-
CATIONS  THERETO. THE COSTS OF THE ANNUAL BUDGET IN CITY FISCAL YEAR TWO
THOUSAND TEN AND THE COSTS OF THE APPROVED ANNUAL BUDGET IN EACH  SUBSE-
QUENT  YEAR  SHALL  BE  ALLOCATED AMONG THE: 1. NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM; 2. NEW YORK CITY TEACHERS' RETIREMENT SYSTEM; 3.  NEW
YORK  CITY BOARD OF EDUCATION RETIREMENT SYSTEM; 4. NEW YORK CITY POLICE
PENSION FUND; AND 5. NEW YORK CITY FIRE  DEPARTMENT  PENSION  FUND,  AND
SHALL  BE ASSESSED ANNUALLY ON A PRO RATA SHARE BASED UPON THE ASSETS OF
SUCH SYSTEMS AS DETERMINED BY THE OFFICE OF THE COMPTROLLER OF THE  CITY
OF NEW YORK AS OF THE THIRTIETH DAY OF JUNE OF THE PRECEDING FISCAL YEAR
AND  SHALL  BE PAYABLE BY THE LAST DAY OF THE CALENDAR YEAR IN WHICH THE
EXPENSES WERE ASSESSED. THE BOARD OF TRUSTEES OF THE: (I) NEW YORK  CITY
EMPLOYEES'  RETIREMENT  SYSTEM;  (II) NEW YORK CITY TEACHERS' RETIREMENT
SYSTEM; (III) NEW YORK CITY BOARD OF EDUCATION RETIREMENT  SYSTEM;  (IV)
NEW YORK CITY POLICE PENSION FUND; AND (V) NEW YORK CITY FIRE DEPARTMENT
PENSION  FUND  MAY  DRAW  UPON  THE  ASSETS OF ITS RESPECTIVE RETIREMENT
SYSTEM TO FUND ITS PRO RATA SHARE.
  H. THE ACTUARY OF THE FIVE ACTUARIALLY FUNDED  RETIREMENT  SYSTEMS  OF
THE  CITY OF NEW YORK SHALL HAVE THE POWER TO OBTAIN BY EMPLOYMENT OR BY
CONTRACT THE GOODS, PROPERTY AND SERVICES NECESSARY TO  FULFILL  HIS  OR
HER POWERS, DUTIES AND RESPONSIBILITIES WITHIN THE APPROVED ANNUAL BUDG-
ET.  ALL  CONTRACTS  FOR  GOODS AND SERVICES ENTERED INTO BY THE ACTUARY
SHALL BE PROCURED AS PRESCRIBED IN CHAPTER THIRTEEN OF  THE  CHARTER  OF
THE CITY OF NEW YORK.
  I.  THE  PROVISIONS OF CHAPTER SEVENTEEN OF THE CHARTER OF THE CITY OF
NEW YORK SHALL CONTINUE TO APPLY TO THE ACTUARY AND  THE  ACTUARY  SHALL
CONSTITUTE  AN  AGENCY  FOR  THE PURPOSES OF SUCH CHAPTER SEVENTEEN. THE
ACTUARY SHALL NOT OBTAIN ANY LEGAL SERVICES BY THE RETENTION OF  EMPLOY-
EES OR BY CONTRACT UNLESS THE CORPORATION COUNSEL SHALL CONSENT THERETO.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed June 30, 2011.

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