NY State Senate Bill S8557A

senate Bill S8557A

Signed By Governor

2017-2018 Legislative Session

Relates to the rate of interest used in the actuarial valuation of certain liabilities

download bill text pdf

Archive: Last Bill Status Via A10676 - Signed by Governor

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2018	signed chap.100
Jun 28, 2018	delivered to governor
Jun 13, 2018	returned to assembly passed senate 3rd reading cal.1443 substituted for s8557a
Jun 13, 2018	substituted by a10676
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1443
May 14, 2018	print number 8557a
May 14, 2018	amend and recommit to cities
May 10, 2018	referred to cities

Votes

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Jun 13, 2018 - floor Vote

A10676

floor

Aye

Nay

Absent

Excused

Abstained

May 31, 2018 - Cities committee Vote

S8557A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S8557 - Details

See Assembly Version of this Bill:: A10676
Law Section:: New York City Administrative Code
Laws Affected:: Amd §13-638.2, NYC Ad Cd

S8557 - Summary

Relates to the rate of interest used in the actuarial valuation of liabilities for the purpose of calculating contributions to the New York city employees' retirement system, the New York city teachers' retirement system, the police pension fund, the fire department pension fund and the board of education retirement system of such city by public employers and other obligors required to make employer contributions to such retirement systems, the crediting of special interest and additional interest to members of such retirement systems, and the allowance of supplementary interest on the funds of such retirement systems.

S8557 - Sponsor Memo

 
BILL NUMBER: S8557

SPONSOR: GOLDEN
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to the rate of interest used in the actuarial
valuation of liabilities for the purpose of calculating contributions to
the New York city employees' retirement system, the New York city teach-
ers' retirement system, the police pension fund, subchapter two, the
fire department pension fund, subchapter two and the board of education
retirement system of such city by public employers and other obligors
required to make employer contributions to such retirement systems, the
crediting of special interest and additional interest to members of such
retirement systems, and the allowance of supplementary interest on the
funds of such retirement systems

 
SUMMARY OF PROVISIONS:

This bill would extend for one Fiscal year, until June 30, 2019, the
current 7% per annum statutory rate of interest used by the Chief Actu-
ary for the New York City Employees' Retirement System, Teachers'
Retirement System, Board of Education Retirement System, Police Pension
Fund and Fire Department Pension Fund ("City retirement systems") in

valuing retirement system liabilities for the purpose of computing the
amount of employer contributions to those systems. The bill also would
extend for that same period of time the current rates of special inter-
est, additional interest and supplementary interest, which, in effect,
govern the amount of interest to be paid into certain constituent funds
of the City retirement systems, and the amount of interest to be credit-
ed on accumulated member contributions and increased-take-home-pay
reserves of Tier 1 and 2 members of those retirement systems. The
current valuation rate of interest and the rate of supplementary inter-
est were originally enacted by Chapter 3 of the Laws of 2013. The
current rates of special and additional interest were continued and
recodified by Chapter 878 of the Laws of 1990 and have remained the same
since. The current one-year period ending on June 30, 2018 for all these
rates of interest was enacted by Chapter 71 of the Laws of 2017.

 
JUSTIFICATION:

The current rates of interest are effective for the period ending June
30, 2018, and expire as of July 1,2018. The City of New York recommends
to the Legislature that this bill providing for a one-year extension of
the current valuation rate of interest and the accompanying rates of
special, additional and supplementary interest be enacted. The Actuary
has stated that the proposed current one-year extension of these rates
to June 30, 2019 is more advisable than a longer extension at this time
because it will enable the Actuary to further examine recommendations
regarding these rates after its actuarial auditor, retained pursuant to
New York City Chartesection 96, publishes an experience analysis, after
the expiration of the current rates, later in calendar year 2018.

It should he noted that the Legislature enacted similar one-year exten-
sions of such interest rates for the City retirement systems in 1990,
1995, 2004, 2005, 2009, 2010, 2011,2016 and 2017. See Chapter 878 of the
Laws of 1990, Chapter 642 of the Laws of 1995, Chapter  
33 OF THE LAWS
OF 2004, CHAPTER  
33 OF THE LAWS OF 2005, CHAPTER 211 OF THE LAWS OF
2009, CHAPTER 265 OF THE LAWS OF 2010, CHAPTER 180 OF THE LAWS OF 2011,
CHAPTER 83 OF THE LAWS OF 2016 AND CHAPTER 71 OF THE LAWS OF 2017,
RESPECTIVELY. AS THIS BILL WOULD CONTINUE THE EXISTING VALUATION RATE OF
INTEREST AND THE EXISTING RATES OF SPECIAL, ADDITIONAL AND SUPPLEMENTARY
INTEREST, ITS ENACTMENT WOULD NOT CHANGE THE AMOUNT OR TIMING OF
EXPECTED EMPLOYER CONTRIBUTIONS.

ACCORDINGLY, THE MAYOR URGES THE EARLIEST POSSIBLE FAVORABLE CONSIDER-
ATION OF THIS PROPOSAL BY THE LEGISLATURE.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5821 - SIGNED CHAP. 71

 
EFFECTIVE DATE:
THIS ACT WILL TAKE EFFECT AS OF JULY 1, 2018, EVEN IF ENACTED SUBSEQUENT
TO SUCH DATE, AND SHALL BE DEEMED TO BE IN FULL FORCE AND EFFECT ON AND
AFTER JULY 1, 2018.

S8557 - Bill Text download pdf


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

                                  8557

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the  rate of interest used in the actuarial valuation of
  liabilities for the purpose of calculating contributions  to  the  New
  York  city  employees'  retirement system, the New York city teachers'
  retirement system, the police pension fund, subchapter two,  the  fire
  department  pension  fund,  subchapter  two and the board of education
  retirement system of such city by public employers and other  obligors
  required  to  make  employer contributions to such retirement systems,
  the crediting of special interest and additional interest  to  members
  of  such retirement systems, and the allowance of supplementary inter-
  est on the funds of such retirement systems

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

  Section  1.  Paragraph  2  of subdivision b of section 13-638.2 of the
administrative code of the city of New York, as amended by chapter 71 of
the laws of 2017, is amended to read as follows:
  (2) With respect to each retirement  system,  such  rate  of  interest
shall be as hereinafter set forth in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS             7%                           July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS             7%                           July 1, 2011 to
                                                June 30, [2018] 2019
PPF                7%                           July 1, 2011 to
                                                June 30, [2018] 2019

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15846-01-8

S. 8557                             2

FPF                7%                           July 1, 2011 to
                                                June 30, [2018] 2019
BERS               7%                           July 1, 2011 to
                                                June 30, [2018] 2019

  §  2. Paragraph 2 if subdivision f of section 13-638.2 of the adminis-
trative code of the city of New York, as amended by chapter  71  of  the
laws of 2017, is amended to read as follows:
  (2)  Such  special  interest shall be allowed at the rates and for the
periods set forth below in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
PPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
FPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
BERS                1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019

  § 3. Paragraph 2 of subdivision g of section 13-638.2 of the  adminis-
trative  code  of  the city of New York, as amended by chapter 71 of the
laws of 2017, is amended to read as follows:
  (2) Such additional interest shall be included at the  rates  and  for
the periods set forth below in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
PPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
FPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
BERS                1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019

  §  4. Paragraph 2 of subdivision i of section 13-638.2 of the adminis-
trative code of the city of New York, as amended by chapter  71  of  the
laws of 2017, is amended to read as follows:

S. 8557                             3

  (2)  Such supplementary interest shall be allowed at the rates and for
the periods set forth below in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS             0%                           July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS             0%                           July 1, 2011 to
                                                June 30, [2018] 2019
PPF                0%                           July 1, 2011 to
                                                June 30, [2018] 2019
FPF                0%                           July 1, 2011 to
                                                June 30, [2018] 2019
BERS               0%                           July 1, 2011 to
                                                June 30, [2018] 2019

  §  5. This act shall take effect July 1, 2018, except that if it shall
have become a law subsequent to such date, this act  shall  take  effect
immediately  and  be deemed to have been in full force and effect on and
after July 1, 2018.

S8557A (ACTIVE) - Details

See Assembly Version of this Bill:: A10676
Law Section:: New York City Administrative Code
Laws Affected:: Amd §13-638.2, NYC Ad Cd

S8557A (ACTIVE) - Summary

S8557A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8557A

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to the rate of interest used in the actuarial valuation of
liabilities for the purpose of calculating contributions to the New York
city employees' retirement system, the New York city teachers' retire-
ment system, the police pension fund, subchapter two, the fire depart-
ment pension fund, subchapter two and the board of education retirement
system of such city by public employers and other obligors required to
make employer contributions to such retirement systems, the crediting of
special interest and additional interest to members of such retirement
systems, and the allowance of supplementary interest on the funds of
such retirement systems

 
SUMMARY OF PROVISIONS:

This bill would extend for one Fiscal year, until June 30, 2019, the
current 7% per annum statutory rate of interest used by the Chief Actu-
ary for the New York City Employees' Retirement System, Teachers'

Retirement System, Board of Education Retirement System, Police Pension
Fund and Fire Department Pension Fund ("City retirement systems") in
valuing retirement system liabilities for the purpose of computing the
amount of employer contributions to those systems. The bill also would
extend for that same period of time the current rates of special inter-
est, additional interest and supplementary interest, which, in effect,
govern the amount of interest to be paid into certain constituent funds
of the City retirement systems, and the amount of interest to be credit-
ed on accumulated member contributions and increased-take-home-pay
reserves of Tier 1 and 2 members of those retirement systems. The
current valuation rate of interest and the rate of supplementary inter-
est were originally enacted by Chapter 3 of the Laws of 2013. The
current rates of special and additional interest were continued and
recodified by Chapter 878 of the Laws of 1990 and have remained the same
since. The current one-year period ending on June 30, 2018 for all these
rates of interest was enacted by Chapter 71 of the Laws of 2017.

 
JUSTIFICATION:

The current rates of interest are effective for the period ending June
30, 2018, and expire as of July 1, 2018. The City of New York recommends
to the Legislature that this bill providing for a one-year extension of
the current valuation rate of interest and the accompanying rates of
special, additional and supplementary interest be enacted. The Actuary
has stated that the proposed current one-year extension of these rates
to June 30, 2019 is more advisable than a longer extension at this time
because it will enable the Actuary to further examine recommendations
regarding these rates after its actuarial auditor, retained pursuant to
New York City Chartesection 96, publishes an experience analysis, after
the expiration of the current rates, later in calendar year 2018.

It should he noted that the Legislature enacted similar one-year exten-
sions of such interest rates for the City retirement systems in 1990,
1995, 2004, 2005, 2009, 2010, 2011, 2016 and 2017. See Chapter 878 of
the Laws of 1990, Chapter 642 of the Laws of 1995, Chapter (33 of the
Laws of 2004, Chapter (33 of the Laws of 2005, Chapter 211 of the Laws
of 2009, Chapter 265 of the Laws of 2010, Chapter 180 of the Laws of
2011, Chapter 83 of the Laws of 2016 and Chapter 71 of the Laws of 2017,
respectively. As this bill would continue the existing valuation rate of
interest and the existing rates of special, additional and supplementary
interest, its enactment would not change the amount or timing of
expected employer contributions.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5821 - Signed chap. 71
2016:  S.7594A - Signed chap. 83

 
EFFECTIVE DATE:
This act will take effect as of July 1, 2018, even if enacted subsequent
to such date, and shall be deemed to be in full force and effect on and
after July 1, 2018.

S8557A (ACTIVE) - Bill Text download pdf


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

                                 8557--A

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to the rate of interest used in the  actuarial  valuation  of
  liabilities  for  the  purpose of calculating contributions to the New
  York city employees' retirement system, the New  York  city  teachers'
  retirement  system,  the police pension fund, subchapter two, the fire
  department pension fund, subchapter two and  the  board  of  education
  retirement  system of such city by public employers and other obligors
  required to make employer contributions to  such  retirement  systems,
  the  crediting  of special interest and additional interest to members
  of such retirement systems, and the allowance of supplementary  inter-
  est on the funds of such retirement systems

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

  Section 1. Paragraph 2 of subdivision b of  section  13-638.2  of  the
administrative code of the city of New York, as amended by chapter 71 of
the laws of 2017, is amended to read as follows:
  (2)  With  respect  to  each  retirement system, such rate of interest
shall be as hereinafter set forth in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS             7%                           July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS             7%                           July 1, 2011 to
                                                June 30, [2018] 2019

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15846-03-8

S. 8557--A                          2

PPF                7%                           July 1, 2011 to
                                                June 30, [2018] 2019
FPF                7%                           July 1, 2011 to
                                                June 30, [2018] 2019
BERS               7%                           July 1, 2011 to
                                                June 30, [2018] 2019

  §  2. Paragraph 2 of subdivision f of section 13-638.2 of the adminis-
trative code of the city of New York, as amended by chapter  71  of  the
laws of 2017, is amended to read as follows:
  (2)  Such  special  interest shall be allowed at the rates and for the
periods set forth below in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
PPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
FPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
BERS                1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019

  § 3. Paragraph 2 of subdivision g of section 13-638.2 of the  adminis-
trative  code  of  the city of New York, as amended by chapter 71 of the
laws of 2017, is amended to read as follows:
  (2) Such additional interest shall be included at the  rates  and  for
the periods set forth below in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS              1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
PPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
FPF                 1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019
BERS                1 1/4%                      July 1, 2011 to
                                                June 30, [2018] 2019

S. 8557--A                          3

  §  4. Paragraph 2 of subdivision i of section 13-638.2 of the adminis-
trative code of the city of New York, as amended by chapter  71  of  the
laws of 2017, is amended to read as follows:
  (2)  Such supplementary interest shall be allowed at the rates and for
the periods set forth below in this paragraph:

                                                First day and
                                                last day of
                   Rate of interest             fiscal year or
                   per centum per               series of fiscal
Retirement         annum, compounded            years for which
System             annually                     rate is effective
________________________________________________________________________
NYCERS             0%                           July 1, 2011 to
                                                June 30, [2018] 2019
NYCTRS             0%                           July 1, 2011 to
                                                June 30, [2018] 2019
PPF                0%                           July 1, 2011 to
                                                June 30, [2018] 2019
FPF                0%                           July 1, 2011 to
                                                June 30, [2018] 2019
BERS               0%                           July 1, 2011 to
                                                June 30, [2018] 2019

  § 5. This act shall take effect July 1, 2018, except that if it  shall
have  become  a  law subsequent to such date, this act shall take effect
immediately and be deemed to have been in full force and effect  on  and
after July 1, 2018.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  SUMMARY  OF  BILL:  The  enactment  of  this proposed legislation (the
Interest Rate Extender Legislation) would amend Administrative  Code  of
the  City of New York (ACCNY) Section 13-638.2, as amended by Chapter 71
of the Laws of 2017, to continue for  Fiscal  Year  2019  the  following
rates  of interest that expire on July 1, 2018 for the five actuarially-
funded New York City Retirement Systems and Pension Funds (NYCRS):
  * The 8.25% per annum rate used to credit interest on Tier 1 and  Tier
2  member  account balances  (the sum of the 7.00% regular interest rate
and the 1.25% special interest rate) and Increased-Take-Home-Pay  (ITHP)
Reserves (the sum of the 7.00% regular interest rate and the 1.25% addi-
tional interest rate), and
  * The 7.00% per annum Actuarial Interest Rate (AIR) assumption used to
compute employer contributions.
  Effective Date for this proposed legislation: July 1, 2018.
  FINANCIAL IMPACT - EMPLOYER CONTRIBUTIONS: The continuation for Fiscal
Year 2019 of the same 8.25% per annum rate that was used for Fiscal Year
2018  to  credit  interest on Tier 1 and Tier 2 member contributions and
ITHP Reserves would not change the amount or timing of expected employer
contributions.
  The continuation for Fiscal Year 2019 of the AIR assumption  of  7.00%
per  annum that was used to determine preliminary employer contributions
to the NYCRS for Fiscal Year 2018 would not change the  expected  amount
or timing of employer contributions.
  OTHER  COSTS:  Enactment  of  this  proposed  legislation would not be
expected to produce any additional costs.
  STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief  Actu-
ary  for,  and  independent of, the New York City Retirement Systems and

S. 8557--A                          4

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
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 2018-01 dated January 22,
2018, was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds. This estimate is intended for use only during
the 2018 Legislative Session.

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The New York State Senate

senate Bill S8557A

Sponsored By

Archive: Last Bill Status Via A10676 - Signed by Governor

Your Voice

Actions

Votes

Jun 13, 2018 - floor Vote

Floor Vote: Jun 13, 2018

May 31, 2018 - Cities committee Vote

Cities Committee Vote: May 31, 2018

Bill Amendments

S8557 - Details

S8557 - Summary

S8557 - Sponsor Memo

S8557 - Bill Text download pdf

S8557A (ACTIVE) - Details

S8557A (ACTIVE) - Summary

S8557A (ACTIVE) - Sponsor Memo

S8557A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8557A

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status Via A10676 - Signed by Governor

Your Voice

Actions

Votes

Jun 13, 2018 - floor Vote

Floor Vote: Jun 13, 2018

May 31, 2018 - Cities committee Vote

Cities Committee Vote: May 31, 2018

Bill Amendments

S8557 - Details

S8557 - Summary

S8557 - Sponsor Memo

S8557 - Bill Text download pdf

S8557A (ACTIVE) - Details

S8557A (ACTIVE) - Summary

S8557A (ACTIVE) - Sponsor Memo

S8557A (ACTIVE) - Bill Text download pdf

Comments