Senate Bill S8381A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8381--A
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by Sens. GALLIVAN, MURPHY -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law, in  relation  to  a  school  resource
   officer   program  and  providing  school  resource  officer  security
   protection aid (Part A); to  amend  the  criminal  procedure  law,  in
   relation to peace officers who are retired police officers employed by
   a  school district as a school resource officer (Part B); and to amend
   the retirement and social security law, in relation to annual earnings
   limitations for retired police officers employed  as  school  resource
   officers (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to school safety. Each component is wholly contained within a Part iden-
 tified as Parts A through C. The  effective  date  for  each  particular
 provision contained within such Part as set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found. Section three of this act sets forth the
 general effective date of this act.
 
                                  PART A
 
   Section 1. The education law is amended by adding a new section 2801-c
 to read as follows:
   § 2801-C. NEW YORK STATE  SCHOOL  RESOURCE  OFFICER  PROGRAM.  1.  FOR
 PURPOSES  OF THIS SECTION, THE TERM "SCHOOL RESOURCE OFFICER" SHALL MEAN
 A SCHOOL RESOURCE OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY  OFFI-
 CER,  OR  ANY  OTHER  SUBSTANTIALLY  SIMILAR POSITION OR OFFICE, THAT IS
 DESIGNED TO PROVIDE IMPROVED PUBLIC SAFETY  AND/OR  SECURITY  ON  SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15468-04-8

 S. 8381--A                          2
 
 GROUNDS. SUCH SCHOOL RESOURCE OFFICER MAY BE A RETIRED POLICE OFFICER, A
 RETIRED  STATE  TROOPER,  A  RETIRED  DEPUTY SHERIFF, A STATE TROOPER, A
 POLICE OFFICER IN THE ACTIVE DUTY SERVICE OF A TOWN, CITY OR VILLAGE, OR
 A DEPUTY SHERIFF FROM A COUNTY SHERIFF'S DEPARTMENT.
   2.  ANY PUBLIC, NONPUBLIC OR CHARTER SCHOOL, OR A BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES, MAY EMPLOY, IN EITHER THE CLASSIFIED OR  UNCLASSI-
 FIED  SERVICE,  ANY SCHOOL RESOURCE OFFICER FOR THE PURPOSE OF PROVIDING
 IMPROVED PUBLIC SAFETY AND/OR  SECURITY  ON  SCHOOL  GROUNDS.  ANY  SUCH
 PUBLIC,  NONPUBLIC  OR  CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES, MAY ALSO CONTRACT WITH THE STATE  OF  NEW  YORK,  OR  A
 COUNTY,  CITY,  TOWN  OR  VILLAGE, FOR THE PROVISION OF A STATE TROOPER,
 POLICE OFFICER OR DEPUTY SHERIFF, TO SERVE AS A SCHOOL RESOURCE OFFICER,
 FOR THE PURPOSE OF PROVIDING IMPROVED PUBLIC SAFETY AND/OR  SECURITY  ON
 SCHOOL  GROUNDS. A SCHOOL DISTRICT, NONPUBLIC SCHOOL, CHARTER SCHOOL, OR
 A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  SHALL  BE  AUTHORIZED  TO
 EMPLOY OR CONTRACT FOR AS MANY SCHOOL RESOURCE OFFICERS AS SUCH DISTRICT
 DEEMS NECESSARY.
   3.  IT  SHALL  BE  THE  PRIMARY ROLE OF THE SCHOOL RESOURCE OFFICER TO
 PROVIDE IMPROVED PUBLIC SAFETY AND/OR SECURITY ON SCHOOL  GROUNDS.    IN
 ADDITION,  TO THIS PRIMARY ROLE, SCHOOL RESOURCE OFFICERS ALSO MAY SERVE
 ADDITIONAL ROLES, INCLUDING BUT NOT LIMITED TO:
   (A) PROPOSING AND ENFORCING  POLICIES  AND  ADMINISTRATIVE  PROCEDURES
 RELATED TO SCHOOL SAFETY;
   (B)  UTILIZING  TECHNOLOGY  IN  THE  IMPLEMENTATION OF A COMPREHENSIVE
 SAFETY PROGRAM;
   (C) SERVING AS A LIAISON WITH OTHER SCHOOL OFFICIALS AND OTHER  COMMU-
 NITY AGENCIES, INCLUDING BUT NOT LIMITED TO, OTHER LAW ENFORCEMENT ENTI-
 TIES, COURTS, HEALTH CARE ENTITIES, AND MENTAL HEALTH ENTITIES;
   (D)  PROPOSING  AND  IMPLEMENTING  STRATEGIES  CONCERNING  PREVENTION,
 RESPONSE AND RECOVERY EFFORTS FOR INCIDENTS AND/OR EMERGENCY  SITUATIONS
 OCCURRING ON SCHOOL GROUNDS AND/OR INVOLVING STUDENTS, FACULTY, ADMINIS-
 TRATION OR VISITORS TO THE SCHOOL;
   (E)  PROPOSING  AND  ASSISTING  IN  THE  EXECUTION OF SCHOOL EMERGENCY
 DRILLS AND PROPOSING AND ASSISTING IN  THE  CREATION  OF  SCHOOL  SAFETY
 PLANS;
   (F) PROVIDING EDUCATIONAL AND MENTORING SERVICES TO STUDENTS;
   (G)  ASSISTING  IN  THE  DESIGN, EXPLANATION AND ENFORCEMENT OF SCHOOL
 SAFETY AND SECURITY POLICIES AND PROCEDURES; AND
   (H) PERFORMING SUCH OTHER  AND  FURTHER  ROLES,  RESPONSIBILITIES  AND
 ACTIVITIES  AS THE SCHOOL DISTRICT MAY DEEM APPROPRIATE AND PROPER FOR A
 LAW ENFORCEMENT OFFICER TO PERFORM, IN ORDER TO  ADVANCE  THE  SECURITY,
 SAFETY  AND WELL-BEING OF STUDENTS, FACULTY, ADMINISTRATION AND VISITORS
 TO THE SCHOOL DISTRICT'S SCHOOLS,  TRANSPORTATION  VEHICLES  AND  SCHOOL
 GROUNDS.
   4.  SUCH SCHOOL RESOURCE OFFICER MAY CARRY AND POSSESS FIREARMS DURING
 THE COURSE OF THEIR DUTIES AT SUCH SCHOOL  DISTRICT,  NONPUBLIC  SCHOOL,
 CHARTER  SCHOOL,  OR  A  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, BUT
 NOTHING IN THIS SUBDIVISION SHALL BE DEEMED  TO  AUTHORIZE  SUCH  SCHOOL
 RESOURCE  OFFICER  TO  CARRY,  POSSESS,  REPAIR  OR DISPOSE OF A FIREARM
 UNLESS THE APPROPRIATE LICENSE THEREFOR  HAS  BEEN  ISSUED  PURSUANT  TO
 SECTION 400.00 OF THE PENAL LAW.
   § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of
 the  education  law,  as  amended by chapter 474 of the laws of 1996, is
 amended and a new subparagraph 1-a is added to read as follows:
   (1) Aidable shared  services.  At  the  request  of  component  school
 districts, and with the approval of the commissioner, provide any of the

 S. 8381--A                          3
 
 following services on a cooperative basis: school nurse teacher, attend-
 ance supervisor, supervisor of teachers, dental hygienist, psychologist,
 SCHOOL RESOURCE OFFICER, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED  ONE-C  OF THIS CHAPTER, teachers of art, music, physical educa-
 tion, career education  subjects,  guidance  counsellors,  operation  of
 special  classes for students with disabilities, as such term is defined
 in article eighty-nine of this chapter; pupil and  financial  accounting
 service  by  means of mechanical equipment; maintenance and operation of
 cafeteria or restaurant service for the use of pupils and teachers while
 at school, and such other services as the commissioner may approve. Such
 cafeteria or restaurant service may be used by the community for  school
 related  functions  and  activities  and to furnish meals to the elderly
 residents of the district, sixty years of age or older.  Utilization  by
 elderly  residents  or  school  related  groups  shall be subject to the
 approval of the board of education. Charges shall be sufficient to  bear
 the  direct  cost of preparation and serving of such meals, exclusive of
 any other available reimbursements.
   (1-A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR  REGULATION
 TO  THE  CONTRARY,  SCHOOL RESOURCE OFFICERS MAY BE REQUESTED BY CHARTER
 SCHOOLS AND SCHOOL DISTRICTS FOR UP TO SIX DAYS PER WEEK THROUGHOUT  THE
 ENTIRE SCHOOL YEAR.
   § 3. Paragraph h of subdivision 4 of section 1950 of the education law
 is amended by adding two new subparagraphs 12 and 13 to read as follows:
   (12)  TO  ENTER  INTO CONTRACTS WITH CHARTER SCHOOLS TO PROVIDE SCHOOL
 RESOURCE OFFICERS, AS SUCH  TERM  IS  DEFINED  IN  SECTION  TWENTY-EIGHT
 HUNDRED  ONE-C  OF  THIS CHAPTER, PROVIDED THAT THE COSTS OF SUCH SCHOOL
 RESOURCE OFFICERS SHALL BE AIDABLE PURSUANT TO SUBDIVISION FIVE OF  THIS
 SECTION TO THE SAME EXTENT AND ON THE SAME BASIS AS COSTS ALLOCATED TO A
 COMPONENT SCHOOL DISTRICT, AND FURTHER PROVIDED THAT THE AID RATIO SHALL
 BE THE AID RATIO FOR THE PUBLIC SCHOOL DISTRICT WHERE THE CHARTER SCHOOL
 IS  LOCATED,  AND  FURTHER  PROVIDED  THAT  CHARTER SCHOOLS SHALL NOT BE
 LIABLE FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH  B
 OF THIS SUBDIVISION.
   (13)  TO  ENTER  INTO  CONTRACTS  WITH  NON-COMPONENT SCHOOL DISTRICTS
 INCLUDING CITY SCHOOL DISTRICTS OF CITIES WITH ONE  HUNDRED  TWENTY-FIVE
 THOUSAND  INHABITANTS  OR  MORE, TO PROVIDE SCHOOL RESOURCE OFFICERS, AS
 SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE-C OF THIS CHAP-
 TER, PROVIDED THAT THE COSTS OF SUCH SCHOOL RESOURCE OFFICERS  SHALL  BE
 AIDABLE  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO THE SAME EXTENT
 AND ON THE SAME BASIS AS COSTS ALLOCATED TO A COMPONENT SCHOOL DISTRICT,
 AND FURTHER PROVIDED THAT NON-COMPONENT SCHOOL DISTRICTS  SHALL  NOT  BE
 LIABLE  FOR PAYMENT OF ADMINISTRATIVE EXPENSES AS DEFINED IN PARAGRAPH B
 OF THIS SUBDIVISION.
   § 4. The education law is amended by adding a new section 3038 to read
 as follows:
   § 3038. GRANTS FOR SCHOOL RESOURCE OFFICERS.  1. FOR PURPOSES OF  THIS
 SECTION, SCHOOL RESOURCE OFFICERS SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION TWENTY-EIGHT HUNDRED ONE-C OF THIS CHAPTER.
   2.  NONPUBLIC  SCHOOLS  SHALL,  UPON APPLICATION, BE REIMBURSED BY THE
 DEPARTMENT FOR THE SALARIES OF SCHOOL  RESOURCE  OFFICERS.  EACH  SCHOOL
 WHICH SEEKS A REIMBURSEMENT PURSUANT TO THIS SECTION SHALL SUBMIT TO THE
 OFFICE  OF  RELIGIOUS  AND  INDEPENDENT SCHOOLS AN APPLICATION THEREFOR,
 TOGETHER WITH SUCH ADDITIONAL DOCUMENTS AS THE COMMISSIONER MAY  REASON-
 ABLY  REQUIRE,  AT SUCH TIMES, IN SUCH FORM AND CONTAINING SUCH INFORMA-
 TION AS THE COMMISSIONER MAY PRESCRIBE BY REGULATION.  APPLICATIONS  FOR
 REIMBURSEMENT  PURSUANT TO THIS SECTION MUST BE RECEIVED BY AUGUST FIRST

 S. 8381--A                          4
 
 OF EACH YEAR FOR SCHOOLS TO BE REIMBURSED FOR THE SALARIES  OF  ELIGIBLE
 SCHOOL RESOURCE OFFICERS IN THE PRIOR YEAR.
   3.  THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 5. This act shall take effect immediately.
 
                                  PART B

   Section 1. Section 2.10 of the criminal procedure law  is  amended  by
 adding a new subdivision 85 to read as follows:
   85.  RETIRED  POLICE OFFICERS EMPLOYED BY A SCHOOL DISTRICT, NONPUBLIC
 SCHOOL, CHARTER SCHOOL, OR A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,
 AS  A  SCHOOL  RESOURCE OFFICER; PROVIDED, HOWEVER, THAT NOTHING IN THIS
 SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS,
 REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE  LICENSE  THEREFOR
 HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Section  212 of the retirement and social security law is
 amended by adding a new subdivision 4 to read as follows:
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
 SECTION,  SUCH  ANNUAL EARNINGS LIMITATIONS FOR A RETIRED POLICE OFFICER
 EMPLOYED BY A SCHOOL DISTRICT OR  A  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  IN  EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE AS A SCHOOL
 RESOURCE OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR  ANY
 OTHER  SUBSTANTIALLY  SIMILAR  POSITION  OR  OFFICE  THAT IS DESIGNED TO
 PROVIDE SAFETY AND/OR SECURITY ON SCHOOL  GROUNDS,  PROVIDED  THAT  SUCH
 RETIRED  POLICE  OFFICER IS DULY QUALIFIED, COMPETENT AND PHYSICALLY FIT
 FOR PERFORMANCE OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE  IS  TO
 BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES AND IS PROPERLY CERTIFIED WHERE SUCH CERTIFICATION
 IS REQUIRED, SHALL BE FIFTY THOUSAND DOLLARS FOR THE YEAR  TWO  THOUSAND
 EIGHTEEN AND THEREAFTER.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This  bill  will  allow  retired police officers who are employed by a
 school district or board of cooperative education services as  a  school
 resource  officer, school safety officer, school security officer or any
 other substantially similar position with an annual salary of $50,000 of
 less and continue to receive their full  retirement  benefit.  Currently
 the salary limit is $30,000.
   If  this bill is enacted, insofar as it will affect the New York State
 and Local Police and Fire Retirement System (PFRS), we expect few  reti-
 rees  to be affected. There would be negligible additional annual costs.
 However, if large numbers of retirees are  hired  into  such  positions,
 there  would  be  additional  annual  costs which would be shared by the
 state of New York and all of the participating employers in the PFRS.
   Summary of relevant resources:
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017 Comprehensive Annual Financials
 Report.

 S. 8381--A                          5
 
   The actuarial assumptions and methods used are described in the  2015,
 2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
 tions, and the Codes Rules and Regulations of the  State  of  New  York:
 Audit and Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2017
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This estimate, dated April 23, 2018, and Intended for use only  during
 the  2018  Legislative  Session, is Fiscal Note No. 2018-92, prepared by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   SUMMARY OF BILL: With respect to the New York City Retirement  Systems
 and  Pension  Funds  (NYCRS),  this  proposed  legislation  would  amend
 provisions of the Education Law and Retirement and Social  Security  Law
 (RSSL)  Section  212  to create the position of School Resource Officer,
 and increase the post-retirement earnings limit of  NYCRS  retirees  who
 retired  from  eligible  law  enforcement positions and return to public
 service to  perform  school  safety  or  security  functions  as  School
 Resource Officers.
   Effective Date: Upon enactment.
   IMPACT  ON PENSION PAYMENTS: Retirees who return to public service and
 elect to be covered under the provisions of RSSL Section 212 are permit-
 ted to earn in retirement an amount  not  exceeding  a  specific  dollar
 limit  in  each calendar year without loss, suspension, or diminution of
 their retirement allowances. Once this  dollar  limit  is  reached,  the
 retiree's  retirement  allowance  is suspended for the remainder of that
 calendar year. Generally, there  are  no  earnings  limitations  in,  or
 following, the calendar year in which the retiree attains age 65.
   Currently,  the  Section  212  post-retirement  earnings limitation in
 effect for calendar year 2007 and each year thereafter is $30,000. Under
 the proposed legislation, the RSSL Section  212  post-retirement  public
 service  earnings  limitation would be increased to $50,000 per calendar
 year for eligible NYCRS retirees who rejoin  public  service  at  School
 Resource Officers.
   The total amount of RSSL Section 212 retirement allowance suspensions,
 given certain RSSL Section 212 limits, are contingent upon both individ-
 ual  post-retirement  earnings  and  individual annual retirement allow-
 ances. Therefore,  for  illustrative  purposes  only,  the  table  below
 presents the estimated additional retirement allowances paid (i.e. those
 benefits  that  would  not  be  subject to suspension), if this proposed
 legislation is enacted, for various sample combinations of  post-retire-
 ment annual earnings and annual retirement allowance amounts. The illus-
 tration  and  cost analyses below do not include potential costs associ-
 ated with new non-retiree hires  to  the  position  of  School  Resource
 Officer,  or potential costs associated with appointing NYCRS disability
 retirees to such position.
 
    ILLUSTRATIVE TABLE OF ADDITIONAL RETIREMENT ALLOWANCES PAID IF RSSL
            SECTION 212 LIMIT IS RAISED FROM $30,000 TO $50,000
 
   Annual Retirement     Annual Post-Retirement Earnings in Calendar Year
      Allowance                $40,000      $50,000     $60,000
 
       $30,000                 $ 7,500      $12,000     $10,000

 S. 8381--A                          6

       $40,000                 $10,000      $16,000     $13,333
       $50,000                 $12,500      $20,000     $16,667
       $60,000                 $15,000      $24,000     $20,000
       $70,000                 $17,500      $28,000     $23,333
 
   FINANCIAL  IMPACT  -  EMPLOYER  CONTRIBUTIONS:  In accordance with the
 Administrative  Code  of  the  City  of   New   York   (ACCNY)   Section
 13-638.2(k-2),  new  Unfunded  Accrued  Liability  (UAL) attributable to
 benefit changes are to be amortized as determined by the Actuary but are
 generally  amortized  over  the  remaining  working  lifetime  of  those
 impacted  by the benefit changes. However, since changes in the applica-
 ble retirement allowances paid  to  NYCRS  retired  members  under  this
 proposed  legislation  are not known in advance, the increase in pension
 payments due to this legislation would be treated as an actuarial  loss.
 These  actuarial  losses  would  be  amortized over a 15-year period (14
 payments under the One-Year Lag Methodology (OYLM)) using  level  dollar
 payments.
   The number of NYCRS retirees who could potentially be impacted by this
 proposed  legislation cannot be readily determined. However, the Actuary
 believes the increase in pension payments, if the  proposed  legislation
 is enacted, would be approximately $1.5 million to $2.0 million per year
 for  each  100  School  Resource  Officer positions created for eligible
 NYCRS service retirees. This would  result  in  an  increase  in  annual
 employer  contributions  of  $180,000  to  $240,000 compounded each year
 (e.g.  $240,000 in the first year, $480,000 in the second year, $720,000
 in the third year, etc.) for 14 years and then will remain level  there-
 after,  assuming  100  School  Resource Officers are employed each year.
 Future years' costs would depend on factors such as, but not limited to,
 the number of retirees that benefit under the legislation and the amount
 of their earnings and retirement allowances.
   CONTRIBUTION TIMING: For purposes of this Fiscal Note, it  is  assumed
 that  the change in the UAL would be reflected for the first time in the
 June 30, 2019 actuarial valuations of NYCRS. Under the OYLM,  the  first
 fiscal  year  in  which  these changes in benefits would impact employer
 contributions would be Fiscal Year 2021.
   OTHER COSTS: Not  measured  in  this  Fiscal  Note  are  any  possible
 increased administrative costs attributable to enactment of the proposed
 legislation.
   CENSUS  DATA:  For  purposes  of  analyzing the impact of the proposed
 legislation, illustrative examples with various  salary  and  retirement
 allowance amounts have been provided above.
   ACTUARIAL  ASSUMPTIONS  AND  METHODS: The changes in employer contrib-
 utions presented herein have been calculated based on the same actuarial
 assumptions and methods in effect for the June 30, 2017 (Lag)  actuarial
 valuation  used  to  determine the Preliminary Fiscal Year 2019 employer
 contributions of NYCRS. Please note these assumptions  and  methods  are
 subject  to  change  as this valuation is not considered final until the
 end of the Fiscal Year 2019.
   STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief  Actu-
 ary  for,  and  independent of, the New York City Retirement Systems and
 Pension Funds. I am a Fellow of the Society of  Actuaries,  an  Enrolled
 Actuary  under  the  Employee Retirement Income and Security Act of 1974
 (ERISA), a Member of the American Academy of Actuaries, and a Fellow  of
 the  Conference of Consulting Actuaries. I meet the Qualification Stand-
 ards of the American Academy of Actuaries to render the actuarial  opin-
 ion contained herein. To the best of my knowledge, the results contained

 S. 8381--A                          7
 
 herein have been prepared in accordance with generally accepted actuari-
 al  principles  and procedures and with the Actuarial Standards of Prac-
 tice issued by the Actuarial Standards Board.
   FISCAL  NOTE IDENTIFICATION: This Fiscal Note 2018-49, dated August 3,
 2018 was prepared by the Chief Actuary for the New York City  Employees'
 Retirement  System,  the  New York City Teachers' Retirement System, the
 New York City Board of Education Retirement System, the  New  York  City
 Police Pension Fund, and the New York City Fire Pension Fund. This esti-
 mate is intended for only during the 2018 Legislative Session.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Parts A through C of this act shall be
 as specifically set forth in the last section of such Parts.