S T A T E O F N E W Y O R K
________________________________________________________________________
8008
2019-2020 Regular Sessions
I N A S S E M B L Y
May 30, 2019
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
transfer of retirement membership for certain employees of SUNY within
the professional, scientific and technical bargaining unit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 618 to read as follows:
§ 618. TRANSFER OF MEMBERSHIP INTO NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM. A. DEFINITIONS. WHENEVER USED IN THIS SECTION:
1. THE TERM "ELIGIBLE EMPLOYEE" SHALL MEAN A PERSON WHO AS OF THE
EFFECTIVE DATE OF THIS SECTION IS AN EMPLOYEE OF THE STATE UNIVERSITY OF
NEW YORK IN A POSITION WITHIN THE PROFESSIONAL, SCIENTIFIC AND TECHNICAL
BARGAINING UNIT AND WHO IS, AS OF SAID EFFECTIVE DATE, A MEMBER OF THE
OPTIONAL RETIREMENT PROGRAM AND WHO IS A REGISTERED NURSE WHO FIRST
BECAME AN EMPLOYEE OF THE STATE UNIVERSITY OF NEW YORK AT STONY BROOK
HOSPITAL ON A DATE BETWEEN JANUARY FIRST, NINETEEN HUNDRED NINETY-SIX
AND DECEMBER THIRTY-FIRST, NINETEEN HUNDRED NINETY-NINE AND WHO IS STILL
EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK AS OF THE DATE SAID EMPLOY-
EE FILES AN APPLICATION PURSUANT TO SUBDIVISION B OF THIS SECTION;
2. THE TERM "OPTIONAL RETIREMENT PROGRAM" SHALL MEAN THE OPTIONAL
RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE EIGHT-B OF THE EDUCA-
TION LAW.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ELIGIBLE EMPLOYEE
SHALL BE ALLOWED TO BECOME A MEMBER OF THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM BY FILING AN APPLICATION WITH SAID RETIRE-
MENT SYSTEM NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY.
C. AN ELIGIBLE EMPLOYEE WHO FILES AN APPLICATION TO BECOME A MEMBER OF
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM SHALL BE
DEEMED TO BE A MEMBER OF THAT RETIREMENT SYSTEM WITH A DATE OF MEMBER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08687-02-9
A. 8008 2
SHIP AS OF THE DATE SAID ELIGIBLE EMPLOYEE WAS FIRST EMPLOYED BY THE
STATE UNIVERSITY OF NEW YORK. THE ELIGIBLE EMPLOYEE'S MEMBERSHIP IN THE
OPTIONAL RETIREMENT PROGRAM SHALL TERMINATE AS OF THE DATE SAID APPLICA-
TION IS FILED.
D. AN ELIGIBLE EMPLOYEE WHO BECOMES A MEMBER OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM PURSUANT TO SUBDIVISION B OF THIS
SECTION MAY ELECT TO PURCHASE CREDIT FOR PREVIOUS SERVICE FOR ANY PERIOD
DURING WHICH SAID EMPLOYEE WAS A MEMBER OF THE OPTIONAL RETIREMENT
PROGRAM BY FILING AN APPLICATION WITH THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM NO LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY AND BY PAYING TO SAID RETIREMENT SYSTEM AN AMOUNT AS
DETERMINED BY THE COMPTROLLER EQUAL TO THE FULL COST OF SUCH PREVIOUS
SERVICE CREDIT PURCHASED WHICH SHALL INCLUDE AN AMOUNT EQUIVALENT TO THE
ADDITIONAL COSTS TO THE EMPLOYER OF PROVIDING RETIREMENT SERVICE CREDIT
TO SUCH EMPLOYEE WHILE SUCH EMPLOYEE WAS A MEMBER OF THE OPTIONAL
RETIREMENT PROGRAM AS DETERMINED BY THE ACTUARY FOR THE RETIREMENT
SYSTEM. SAID PAYMENT MAY BE MADE BY A TRANSFER OF FUNDS FROM THE EMPLOY-
EE'S OPTIONAL RETIREMENT PROGRAM ACCOUNT TO THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM. SAID PAYMENT MAY ALSO BE MADE IN ONE
PAYMENT BY THE EMPLOYEE OR BY PAYROLL DEDUCTION OVER A PERIOD NOT TO
EXCEED FIVE YEARS.
§ 2. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow any employee of the State University of New York
(SUNY) who is a registered nurse in a position within the Professional,
Scientific and Technical bargaining unit, who first became employed with
SUNY at Stony Brook Hospital between January 1, 1996 and December 31,
1999, and who enrolled in the Optional Retirement Program, to terminate
their membership in the Optional Retirement Program and to be deemed to
be a member of the New York State and Local Employees' Retirement System
(NYSLERS) with a date of membership as of the date of first employment
by SUNY. Affected members will be required to pay the entire past
service cost as determined by the Comptroller in order to receive
retirement service credit for service rendered prior to their dates of
membership.
If this bill is enacted, the number of employees who may be affected
cannot be readily determined. For every employee who does so elect,
there will be an annual cost to the State of New York of approximately
15.8% of salary beginning with the fiscal year ending March 31, 2020.
In addition to the annual cost above, for every member who elects this
benefit, there will be a past service cost that will depend on the age,
service and salary of the member. Members will be able to pay this cost
using any of three methods, including a transfer of funds from their
Optional Retirement Program balance, a one-time payment, or by payroll
deduction over a period not to exceed five (5) years.
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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 Annual Report to the Comptroller on Actuarial
A. 8008 3
Assumptions, 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, 2018
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated April 30, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-106, prepared by
the Actuary for the New York State and Local Retirement System.