S. 4825                             2
WHERE  SUCH  MEMBER IS OTHERWISE ELIGIBLE TO RETIRE FOR SERVICE, AND THE
RETIREMENT ALLOWANCE WHICH HE OR  SHE  WOULD  RECEIVE  IN  THE  CASE  OF
SERVICE  RETIREMENT  IS  LARGER  THAN THE RETIREMENT ALLOWANCE HE OR SHE
WOULD  OTHERWISE  RECEIVE  UNDER THIS PARAGRAPH OR PARAGRAPH (I) OF THIS
SUBDIVISION, HIS OR HER DISABILITY RETIREMENT ALLOWANCE PURSUANT TO THIS
SUBDIVISION SHALL BE EQUAL TO THE RETIREMENT ALLOWANCE HE OR  SHE  WOULD
RECEIVE IF HE OR SHE HAD RETIRED FROM SERVICE.
  S  3. Section 507 of the retirement and social security law is amended
by adding a new subdivision j to read as follows:
  J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL,
SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION
TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION  SHALL
NOT  APPLY TO CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES' RETIRE-
MENT SYSTEM WHO ARE SUBJECT TO THIS ARTICLE. A CORRECTION MEMBER OF  THE
NEW  YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO IS SUBJECT TO THIS ARTI-
CLE SHALL INSTEAD  BE  ELIGIBLE  FOR  ACCIDENTAL  DISABILITY  RETIREMENT
PURSUANT TO SECTION 13-168 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK  AND  ANY  ACCIDENTAL  DISABILITY  RETIREMENT BENEFITS FOUND IN THE
GENERAL MUNICIPAL LAW AND SHALL RECEIVE  A  RETIREMENT  ALLOWANCE  WHICH
SHALL BE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY, SUBJECT TO THE
PROVISIONS  OF  SECTION 13-176 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
  S 4. Section 510 of the retirement and social security law is  amended
by adding a new subdivision i to read as follows:
  I.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE OR THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK, THE ANNUAL  ESCALATION  PROVIDED
IN THIS SECTION SHALL NOT APPLY TO THE ORDINARY OR ACCIDENTAL DISABILITY
RETIREMENT BENEFIT OF CORRECTION MEMBERS OF THE NEW YORK CITY EMPLOYEES'
RETIREMENT  SYSTEM  WHO  RETIRE  PURSUANT TO SECTION FIVE HUNDRED SIX OR
FIVE HUNDRED SEVEN OF THIS ARTICLE. THE ORDINARY OR ACCIDENTAL DISABILI-
TY RETIREMENT BENEFIT OF SUCH MEMBERS SHALL BE ADJUSTED FOR COST-OF-LIV-
ING PURSUANT TO THE PROVISIONS OF SECTION 13-696 OF  THE  ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK.
  S 5. Subdivision f of section 511 of the retirement and social securi-
ty law, as amended by chapter 18 of the laws of 2012, is amended to read
as follows:
  f.  This  section  shall not apply to general members in the uniformed
correction force of the New York city department  of  correction  or  to
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of corrections and community supervision and security  hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section  eighty-nine  of  this  chapter,  provided,  however,  that  the
provisions of this section shall apply to  a  New  York  city  uniformed
[corrections/sanitation]   SANITATION  revised  plan  member,  AND  THIS
SECTION SHALL ALSO NOT APPLY TO CORRECTION REVISED PLAN MEMBERS  OF  THE
NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM WHO ARE SUBJECT TO THIS ARTI-
CLE  WHO RETIRE ON ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT PURSUANT
TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE.
  S 6. Section 512 of the retirement and social security law is  amended
by adding a new subdivision e to read as follows:
  E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
ANY  OTHER  GENERAL,  SPECIAL  OR  LOCAL LAW, WITH RESPECT TO CORRECTION
MEMBERS OF THE NEW YORK CITY EMPLOYEES'  RETIREMENT  SYSTEM  WHO  RETIRE
PURSUANT  TO  SECTION  FIVE  HUNDRED  SIX AND FIVE HUNDRED SEVEN OF THIS
ARTICLE, A MEMBER'S FINAL AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY
SUCH MEMBER DURING THE ANY THREE CONSECUTIVE  YEARS  WHICH  PROVIDE  THE
S. 4825                             3
HIGHEST  AVERAGE  WAGE,  EXCLUSIVE OF ANY FORM OF TERMINATION PAY (WHICH
SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION OF  RETIREMENT),  OR  ANY
LUMP  SUM  PAYMENT FOR DEFERRED COMPENSATION, SICK LEAVE, OR ACCUMULATED
VACATION  CREDIT,  OR  ANY OTHER PAYMENT FOR TIME NOT WORKED (OTHER THAN
COMPENSATION RECEIVED  WHILE  ON  SICK  LEAVE  OR  AUTHORIZED  LEAVE  OF
ABSENCE);  PROVIDED,  HOWEVER,  IF THE SALARY OR WAGES EARNED DURING ANY
YEAR INCLUDED IN THE PERIOD EXCEEDS THAT OF THE AVERAGE OF THE  PREVIOUS
TWO  YEARS  BY MORE THAN TEN PER CENTUM, THE AMOUNT IN EXCESS OF TEN PER
CENTUM SHALL BE EXCLUDED FROM THE COMPUTATION OF FINAL  AVERAGE  SALARY.
IN  DETERMINING FINAL AVERAGE SALARY, ANY MONTH OR MONTHS (NOT IN EXCESS
OF THREE) WHICH WOULD OTHERWISE BE INCLUDED IN COMPUTING  FINAL  AVERAGE
SALARY  BUT  DURING  WHICH THE MEMBER WAS ON AUTHORIZED LEAVE OF ABSENCE
WITHOUT PAY SHALL BE EXCLUDED FROM  THE  COMPUTATION  OF  FINAL  AVERAGE
SALARY  AND THE MONTH OR AN EQUAL NUMBER OF MONTHS IMMEDIATELY PRECEDING
SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU THEREOF.
  S 7. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  Background - Design of Proposed Legislation
  In general, the OA believes that proposed legislation should:
  * Be technically accurate,
  * Be clear in its intent,
  * Be administrable, and
  * Meet desired policy objectives.
  While  the  OA  cannot  provide  any legal analysis, the OA has done a
review of the proposed legislation and has some concerns. These concerns
that follow represent the best understanding of the Actuary and staff of
the OA and should not be considered legal interpretations. All of  these
concerns and suggestions should be reviewed by Counsel.
  Concerns with Proposed Legislation with Respect to Ordinary Disability
Retirement ("ODR") and Accidental Disability Retirement ("ADR")
  * Benefits Compared to Tier III: The proposed legislation, if enacted,
would  revise  the  ODR  and ADR benefit formulas for Tier VI Correction
Members.
  It appears that the proposed Tier VI ODR benefit formula  is  intended
to  be  the  same  as  the  ODR benefit available to Tier III Correction
Members after completing 10 years of service (i.e., 1 2/3% of Three-Year
Final Average Salary ("FAS3") multiplied by the years  of  service,  but
not less than one-third of FAS3).
  Similarly,  it  also appears that the proposed ADR benefit formula for
Tier VI Correction Members is intended to be the same as the ADR benefit
available to Tier III Correction Members (i.e., 75% of FAS3 but not less
than 1 2/3% of FAS3 multiplied by years of credited service).
  Correction Tier III ODR and ADR benefits are subject to Cost-of-Living
Adjustments ("COLA") under Chapter 125 of the Laws of 2000 on the  first
$18,000 of benefit after five years of Disability Retirement.
  Given  the  proposed  statutory references, it is the understanding of
the Actuary  that  the  proposed  ODR  and  ADR  benefits  for  Tier  VI
Correction  Members  would  be  entitled  to  the  COLA described in the
preceding paragraph, but would NOT be subject to an annual Tier VI Esca-
lation increase on the full benefit immediately from the date  of  Disa-
bility Retirement.
  * Presumptive Conditions for ADR
  It  is the understanding of the Actuary that the proposed legislation,
if enacted, would provide Tier VI Correction Members the ability  to  be
S. 4825                             4
eligible  for and to utilize the presumptive conditions that qualify for
ADR that are available to Tier III Correction Members.
  The reasoning behind this understanding is that in the proposed legis-
lation,  eligibility  conditions  for Tier VI Correction members for the
ODR would be determined pursuant to the Administrative Code of the  City
of  New York ("ACNY") Section 13-167 (i.e., those that apply to Tier III
Correction Members), notwithstanding anything to the contrary.
  Similarly, in the proposed  legislation,  eligibility  conditions  for
Tier  VI  Correction Members for ADR would be determined pursuant to the
Administrative Code of the City of  New  York  ("ACNY")  Section  13-168
(i.e., those that apply to Tier III Correction Members), notwithstanding
anything to the contrary.
  It  is  the  understanding  of the Actuary that in the proposed legis-
lation, eligibility for ODR and  ADR  would  not  be  pursuant  to  RSSL
Section  507.e.   RSSL Section 507.e provides that a member shall not be
eligible for ODR or ADR unless the member waives  the  benefits  of  any
statutory  presumptions.  Accordingly,  it  is  the understanding of the
Actuary that since under the proposed  legislation  RSSL  Section  507.e
would  no longer apply to Tier VI Correction Members, Tier VI Correction
Members would not be required to waive RSSL Section 507.e in order to be
eligible for ODR or ADR benefits. Consequently, the  statutory  presump-
tions would apply since they have not been waived.
  In  accordance  with  the  above  reasoning,  since  current  Tier  VI
Correction Members are required to waive the  presumptions  pursuant  to
RSSL  Section 507.e, it is the understanding of the Actuary that Tier VI
Correction Members are currently not entitled to presumptive  conditions
for ADR.
  * Consistency Amongst Uniformed Groups
  This  proposed  legislation  would  cover member of Correction but not
members of any other uniformed groups. Given the historical  consistency
in  benefits amongst certain uniformed groups, this proposed legislation
would likely lead to demands for similar legislation for at  least  some
other uniformed groups.
  FISCAL  NOTE. PROVISIONS OF PROPOSED LEGISLATION: This proposed legis-
lation would amend Retirement and Social Security Law ("RSSL")  Sections
506,  507,  510,  511 and 512 and Administrative Code of the City of New
York ("ACNY") Section 13-171 to change, for Tier VI  Correction  members
of  the New York City Employees' Retirement System ("NYCERS") subject to
Article 14 of the RSSL as amended by Chapter 18  of  the  Laws  of  2012
("Tier VI members"), the eligibility for and the calculation of Ordinary
Disability Retirement ("ODR") benefits and Accidental Disability Retire-
ment ("ADR") benefits.
  The  Effective  Date of the proposed legislation would be the 60th day
after the date of enactment.
  IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for
ODR benefits for Tier VI Correction Members are based on:
  * Completing five or more years of service, and
  * Becoming eligible for Primary Social Security Disability  retirement
benefits.
  Such current Tier VI ODR benefits are equal to the greater of:
  * 33 1/3% of Five-Year Final Average Salary ("FAS5"), or
  * 2% of FAS5 multiplied by years of credited service (not in excess of
22 years),
  *  Reduced  by  50% of the Primary Social Security Disability benefits
(determined under RSSL Section 511), and
  * Reduced by 100% of Workers' Compensation benefits (if any).
S. 4825                             5
  Under the proposed legislation the eligibility  requirements  for  ODR
benefits  for Tier VI Correction Members would be revised to be the same
as those provided in ACNY Section 13-167 (i.e., the provisions  applica-
ble to Tier III Correction members) and would be based on completing ten
or more years of service.
  Such Tier III ODR benefits are equal to the greater of:
  * 33 1/3% of Three-Year Final Average Salary ("FAS3"), or
  * 1 2/3% of FAS3 multiplied by years of credited service.
  In  addition,  the proposed legislation would NOT apply the Escalation
available under RSSL Section 510 to ODR benefits for Tier VI  Correction
Members. However, such ODR benefits would still be eligible for Cost-of-
Living Adjustments ("COLA") under Chapter 125 of the laws of 2000.
  Note:  As  a  result  of  Constitutional  Protection  under Article V,
Section 7 of the New York State Constitution, it is the understanding of
the Actuary that all Tier VI Sanitation members who are  NYCERS  members
prior  to the effective date of this proposed legislation would continue
to be eligible for the current Tier VI ODR provisions, and this has been
assumed for purposes of  determining  obligations  under  this  proposed
legislation.
  IMPACT  ON ADR BENEFITS PAYABLE: The current eligibility provision for
ADR benefits for Tier VI Correction Members is based on:
  * Being physically or mentally incapacitated as a result of  an  acci-
dent  sustained  in the line of duty as determined by the administrative
authority assigned by NYCERS.
  Such ADR benefits are equal to:
  * 50% multiplied by FAS5,
  * Less 50% of Primary Social Security disability  benefit  or  Primary
Social  Security benefits, whichever begins first (determined under RSSL
Section 511),
  * Less 100% of Workers' Compensation benefits (if any).
  Under the proposed legislation the eligibility  requirements  for  ADR
benefits  for Tier VI Correction Members would be revised to be the same
as those provided in ACNY Section 13-168 (i.e., the provisions  applica-
ble to Tier III Correction Members).
  In  addition, it is the understanding of the Actuary that the proposed
legislation, if enacted, would provide that Tier VI  Correction  Members
could  be  eligible  for  and  utilize the statutory presumptions (e.g.,
certain heart diseases) that qualify certain Tier III Correction Members
for ADR and Accidental Death Benefits.
  As a consequence of RSSL Section 507.e, a Tier  VI  Correction  Member
would  not  be eligible for ADR unless the member waived the benefits of
any statutory presumptions (e.g., certain heart diseases).
  Under the proposed legislation, if enacted, the ADR benefit  for  Tier
VI  Correction  Members would be revised to equal a retirement allowance
equal to:
  * 75% multiplied by FAS3,
  * Less 100% of Workers' Compensation benefits (if any).
  In addition, the proposed legislation would not apply  the  Escalation
available  under RSSL Section 510 to ADR benefits for Tier VI Correction
Members. However, such ADR benefits would still  be  eligible  for  COLA
under Chapter 125 of the Laws of 2000.
  FINANCIAL  IMPACT  -  CHANGES  IN BENEFITS - ACTUARIAL PRESENT VALUES:
Based on the census data and the actuarial assumptions and methods noted
herein, if the Effective Date is on or before June 30, 2015,  then  this
would  change  the Actuarial Present Value ("APV") of benefits ("APVB"),
APV of member contributions, the Unfunded  Actuarial  Accrued  Liability
S. 4825                             6
("UAAL")  and  APV  of future employer contributions as of June 30, 2013
for Tier VI Correction Members.
  FINANCIAL  IMPACT  -  CHANGES  IN  PROJECTED  APV  OF  FUTURE EMPLOYER
CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For purposes of this
Fiscal Note, it is assumed that the  changes  in  APVB,  APV  of  member
contributions,  UAAL  and  APV of future employer contributions would be
reflected for the first time in the June 30, 2013 actuarial valuation of
NYCERS.
  Under the One-Year Lag  Methodology  ("OYLM"),  the  first  year  that
changes in benefits for Tier VI Correction Members could impact employer
contributions to NYCERS would be Fiscal Year 2015.
  In  accordance  with ACNY Section 13.638.2(k-2), new UAAL attributable
to benefit changes are to be amortized as determined by the Actuary  but
generally  over  the remaining working lifetime of those impacted by the
benefit changes. As of June 30, 2013, the remaining working lifetime  of
the  Tier  VI  Correction Members is approximately 20 years. Recognizing
that this period will decrease over time as the group of Tier VI Members
matures, the Actuary would  likely  choose  to  amortize  the  new  UAAL
attributable  to  this  proposed  legislation  over a 15-year to 20-year
period (between 14 and 19 payments under the OYLM Methodology). However,
since virtually all of the Tier VI  Correction  members  that  would  be
impacted  by  the  benefit  changes are new entrants, the resulting UAAL
would be de minimis and therefore the amortization period used  for  the
UAAL has very little impact on the final results.
  The following Table 1 presents an estimate of the increases due to the
changes  in ODR and ADR provisions for Tier VI Correction Members in the
APV of future employer contributions and in  employer  contributions  to
NYCERS  for Fiscal Years 2015 through 2019 that would occur based on the
applicable actuarial assumptions and methods noted herein:
                                 Table 1
                  Estimated Financial Impact on NYCERS
                    If Certain Revisions are Made to
                   Provisions for ODR and ADR Benefits
                    for Tier VI Correction Members *
                              ($ Millions)
                         Increase in APV of        Increase in Employer
Fiscal Year         Future Employer Contributions     Contributions
   2015                        $6.8                      $0.8
   2016                        11.3                       1.3
   2017                        15.0                       1.6
   2018                        18.3                       1.9
   2019                        22.0                       2.2
  * Based on actuarial assumptions and methods set forth in the Actuari-
al Assumptions and  Methods  section.  Also,  based  on  the  projection
assumptions as described herein.
  ODR  and  ADR  benefits  are  NOT subject to Tier III Escalation (RSSL
Section 510) but would be eligible for COLA under  Chapter  125  of  the
Laws of 2000.
  The estimated increases in employer contributions shown in Table 1 are
based upon the following projection assumptions:
  *  Level workforce (i.e., new employees are hired to replace those who
leave active status).
S. 4825                             7
  * Projected salary increases consistent with those used in projections
presented  to  the  New  York  City  Office  of  Management  and  Budget
("NYCOMB") for use in the January 2015 Financial Plan ("Updated Prelimi-
nary Projections").
  *  New  entrant  salaries  consistent  with  those used in the Updated
Preliminary Projections.
  These "open group" projections include future new entrants  introduced
into the census data models to project the future workforces.
  As of each future actuarial valuation date, the current "closed group"
actuarial assumptions and valuation methodology are used.
  Under  this  methodology  only  Plan participants as of each actuarial
valuation date are  utilized  to  determine  APVs,  employer  costs  and
employer contributions.
  FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age
Normal Costs can provide a useful basis to compare the value of alterna-
tive benefit programs.
  For  each  Correction member who enters NYCERS, there is a theoretical
net annual employer cost to be paid for such member  while  such  member
remains  actively  employed  (i.e.,  the  Employer Entry Age Normal Cost
("EEANC")).
  In addition, such EEANC may be expressed as  a  percentage  of  salary
earned over a working lifetime and referred to as the Employer Entry Age
Normal Rate ("EEANR").
  Under  the proposed legislation and based on the actuarial assumptions
noted herein, the EEANC and EEANR of Tier VI Correction Members would be
greater than the EEANC and  EEANR  for  comparable  Tier  VI  Correction
Members  entering  at the same attained age and gender under the current
NYCERS provisions.
  Table 2 shows a summary of the change in EEANR for Tier VI  Correction
Members  who have a date of membership on or after the date of enactment
of this proposed legislation for entry ages 25, 30 and 35 determined  as
of June 30, 2012 with a starting salary of $45,000, determined as of the
most recent date of published EEANR calculations:
                                 Table 2
              Comparison of Employer Entry Age Normal Rates
   Determined as of June 30, 2012 Excluding One-Year Lag Methodology*
To Implement Certain ODR and ADR and Accidental Death Benefit Provisions
                     for Tier VI Correction Members
                Under Proposed Changes with Presumptions
                                   and
                            Under Current Law
                              EEANR Under Proposed Changes**
                     Entry Age 25    Entry Age 30    Entry Age 35
                     Male   Female   Male   Female   Male   Female
Correction Tier VI  17.80%  18.42%  16.29%  16.90%  15.11%  15.76%
                         EEANR Under Current Law
Correction Tier VI  17.34%  17.97%  15.79%  16.42%  14.56%  15.24%
S. 4825                             8
                Increase in EEANR Due to Proposed Changes
Correction Tier VI   0.46%   0.45%   0.50%   0.48%   0.55%   0.52%
* Based on salaries paid over entire working lifetime. EEANR do not vary
significantly  over  time,  absent  benefit  and/or actuarial assumption
changes.
** EEANR determined under the terms of the revised ODR and  ADR  benefit
provisions based on the Actuarial Assumptions and Methods as noted here-
in  including  changes  in assumptions for ADR. ODR and ADR benefits are
NOT subject to Tier III Escalation  (RSSL  Section  510)  but  would  be
eligible for COLA under Chapter 125 of the Laws of 2000.
  OTHER COSTS: Not measured in this Fiscal Note are the following:
  * The initial, additional administrative costs of NYCERS and other New
York City agencies to implement the proposed legislation.
  *  The  potential  impact  if  this  proposed  legislation  were to be
extended to other public safety employees.
  * The impact of this  proposed  legislation  on  Other  Postemployment
Benefit ("OPEB") costs.
  CENSUS  DATA:  The  starting  census  data  used  for the calculations
presented herein are the census data used  in  the  Updated  Preliminary
June  30, 2013 (Lag) actuarial valuation of NYCERS used to determine the
Updated Preliminary Fiscal Year 2015 employer contributions.
  The census data used for the estimates of additional employer contrib-
utions presented herein are based on average salaries  of  new  entrants
utilized  in the Updated Preliminary June 30, 2013 (Lag) actuarial valu-
ations used to determine Updated Preliminary Fiscal Year  2015  employer
contributions of NYCERS.
  The  877 Tier VI Correction Members as of June 30, 2013 had an average
age of approximately 32, average service of approximately 0.5 years  and
an average salary of approximately $46,000.
  ACTUARIAL  ASSUMPTIONS  AND  METHODS: The additional employer contrib-
utions presented herein have been  calculated  based  on  the  actuarial
assumptions  and methods in effect for the June 30, 2013 (Lag) actuarial
valuations used  to  determine  Updated  Preliminary  Fiscal  Year  2015
employer  contributions of NYCERS and adjusted for revised ADR and Acci-
dental Death eligibility provisions.
  For determining the change in APVB and increase in employer  costs  to
NYCERS, the actuarial assumptions and methods are the same as those used
in  the  June  30,  2013 (Lag) actuarial valuation of NYCERS except that
probabilities of  Ordinary  Disability  and  Ordinary  Death  have  been
reduced by 5% and 10%, respectively, and the probabilities of Accidental
Disability  and Accidental Death have been increased by the same amounts
of reduction in the probabilities of Ordinary  Disability  and  Ordinary
Death, respectively.
  Neither  this Fiscal Note nor the actuarial valuation methodology used
to determine employer contributions to NYCERS reflect a  calculation  of
the value of an offset for Workers' Compensation benefits.
  ADR  benefits  under  both  the current provisions and proposed legis-
lation are offset by Workers' Compensation benefits and, therefore,  any
Workers' Compensation benefits paid would not impact the costs shown.
  On the other hand, to the extent members who receive ODR benefits also
receive  Workers'  Compensation  benefits,  those  Workers' Compensation
benefits received reduce the amounts  otherwise  payable  under  current
S. 4825                             9
provisions  of  law  but would not impact the benefits payable under the
proposed legislation.
  Thus,  the  lack  of  an offset for the value of Workers' Compensation
benefits understates the costs presented in this  Fiscal  Note  but  the
Actuary believes this understatement is modest.
  The  amounts  shown  in  this Fiscal Note equal the impact on employer
contributions were the proposed legislation to be enacted.
  To the extent that the enactment of this  proposed  legislation  would
cause  a  greater  (lesser)  number  of Tier VI Correction Members to be
reclassified from Ordinary Disability to Accidental  Disability  Retire-
ment  or  from Ordinary Death to Accidental Death, or to the extent that
Tier VI Correction Members who would not otherwise ever choose to  apply
and  then  receive an Ordinary Disability Retirement benefit or an Acci-
dental Disability Retirement  benefit,  then  the  additional  APVB  and
employer contributions shown herein would be greater (lesser).
  Employer  contributions  under current methodology have been estimated
assuming the additional APVB would be  financed  through  future  normal
contributions  including an amortization of the new UAAL attributable to
this proposed legislation over a 15-year period (14 payments  under  the
OYLM Methodology).
  New  entrant  Tier VI Correction Members were projected to replace the
Correction members expected to leave the active population to maintain a
steady-state population.
  The following Table 3 presents the total number of active employees of
Correction used in the projections, assuming a level work force, and the
cumulative number (i.e., net of withdrawals) of Tier VI  Members  as  of
each June 30 from 2013 through 2017.
                                 Table 3
             Surviving Actives from Census on June 30, 2013
                                   and
           Cumulative New Tier VI Correction Members from 2013
                        Used in the Projections*
June 30        Tier I, II, III & IV     Tier VI        Total
2013           7,798                    877            8,675
2014           7,278                    1,397          8,675
2015           6,865                    1,810          8,675
2016           6,414                    2,261          8,675
2017           5,919                    2,756          8,675
  * Total active members included in the projections assume a level work
force  based on the June 30, 2013 (Lag) actuarial valuation census data.
Assumes presumptions apply to Tier VI Correction members.
  For purposes of estimating the impact of the Tier  VI  Escalation  for
retired  Tier  VI  Correction  Members,  consistent  with  an underlying
Consumer Price Inflation ("CPI") assumption of 2.5% per  year,  Tier  VI
Escalation of 2.5% per year has been assumed.
  This  compares  with  the current Chapter 125 of the Laws of 2000 COLA
assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0%
minimum and 3.0% maximum) on the first $18,000 of benefit.
  ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to  deter-
mine  the financial impact of the proposed legislation discussed in this
S. 4825                            10
Fiscal Note are those appropriate for budgetary models  and  determining
annual employer contributions to NYCERS.
  However, the economic assumptions (current and proposed) that are used
for  determining  employer  contributions  do not develop risk-adjusted,
economic values of benefits.  Such  risk-adjusted,  economic  values  of
benefits  would  likely differ significantly from those developed by the
budgetary models.
  STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting
Chief Actuary for the New York City Retirement Systems. I am a Fellow of
the Society of Actuaries and a Member of the American Academy of Actuar-
ies. I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
  FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
during  the  2015  Legislative Session. It is Fiscal Note 2015-20, dated
April 9, 2015 prepared by the Acting Chief Actuary of the New York  City
Employees' Retirement System.