S T A T E O F N E W Y O R K
________________________________________________________________________
6038
2019-2020 Regular Sessions
I N S E N A T E
May 16, 2019
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
allowing members of the New York city employees' retirement system and
the New York city board of education employees' retirement system to
elect the benefits provided by chapter 96 of the laws of 1995
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision b of section 445-d of the retirement and social
security law, as added by chapter 96 of the laws of 1995, is amended by
adding a new paragraph 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK
CITY BOARD OF EDUCATION EMPLOYEES' RETIREMENT SYSTEM WHO WAS ELIGIBLE TO
BE COVERED BY THE PROVISIONS OF: (I) PARAGRAPH ONE OR TWO OF THIS SUBDI-
VISION, OR (II) SECTION SIX HUNDRED FOUR-C OF THIS CHAPTER, PURSUANT TO
PARAGRAPH ONE OR TWO OF SUBDIVISION B OF SUCH SECTION, AS ADDED BY CHAP-
TER NINETY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-FIVE, MAY BE
DEEMED TO HAVE ELECTED TO BE COVERED BY THE BENEFIT PROVISION OF EITHER
OF THE ABOVE PROGRAMS AS OF THE STARTING DATE OF SUCH PROGRAM IF, WITHIN
ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, SUCH
PERSON SHALL FILE WITH THEIR RETIREMENT SYSTEM, A WRITTEN REQUEST TO
THAT EFFECT.
§ 2. Paragraph 1 of subdivision d of section 445-d of the retirement
and social security law, as amended by chapter 509 of the laws of 2001,
is amended to read as follows:
1. In addition to the member contributions required by section 13-125
or 13-162 of the administrative code or section eight or thirty of the
BERS rules and regulations, each participant in the age fifty-five
improved benefit retirement program shall contribute, subject to the
applicable provisions of section 13-125.2 of the administrative code or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11531-01-9
S. 6038 2
subdivision nineteen of section twenty-five hundred seventy-five of the
education law, an additional percentage or additional percentages of his
or her compensation to the retirement system of which he or she is a
member in accordance with the following schedule:
(i) (A) each such participant shall contribute an additional four and
thirty-five one-hundredths percent of his or her compensation earned
from all credited CPP qualifying service (whether or not in a physically
taxing position) rendered on and after the starting date of the age
fifty-five improved benefit retirement program and prior to the
commencement date of the first payroll period which begins after January
first, nineteen hundred ninety-eight (1) while such person is a partic-
ipant in such program; and (2) before such person becomes such a partic-
ipant pursuant to paragraph one [or], two OR SEVEN of subdivision b of
this section (whether or not rendered in a New York city eligible posi-
tion); and (3) after such person ceases to be a participant, but before
he or she again becomes such a participant pursuant to paragraph five of
such subdivision b (whether or not rendered in a New York city eligible
position); and
(B) each such participant shall contribute an additional two and
eighty-five one-hundredths percent of his or her compensation earned
from all credited CPP qualifying service (whether or not in a physically
taxing position) rendered on and after the commencement date of the
first payroll period which begins after January first, nineteen hundred
ninety-eight and prior to the commencement date of the first payroll
period which begins subsequent to the effective date of [the] chapter
FIVE HUNDRED NINE of the laws of two thousand one [which amended this
item] (1) while such person is a participant in such program; and (2)
before such person becomes such a participant pursuant to paragraph one
[or], two OR SEVEN of subdivision b of this section (whether or not
rendered in a New York city eligible position); and (3) after such
person ceases to be a participant, but before he or she again becomes
such a participant pursuant to paragraph five of such subdivision b
(whether or not rendered in a New York city eligible position); and
(C) each such participant shall contribute an additional one and
eighty-five one-hundredths percent of his or her compensation earned
from all credited CPP qualifying service (whether or not in a physically
taxing position) rendered on and after the commencement date of the
first payroll period which begins subsequent to the effective date of
[the] chapter FIVE HUNDRED NINE of the laws of two thousand one [which
added this item] (1) while such person is a participant in such program;
and (2) before such person becomes such a participant pursuant to para-
graph one [or], two OR SEVEN of subdivision b of this section (whether
or not rendered in a New York city eligible position); and (3) after
such person ceases to be a participant, but before he or she again
becomes such a participant pursuant to paragraph five of such subdivi-
sion b (whether or not rendered in a New York city eligible position);
and
(ii) each such participant who is employed in a physically taxing
position (as defined in paragraph eleven of subdivision a of this
section) shall contribute, in addition to the additional member contrib-
utions required to be made at the percentage of compensation specified
in subparagraph (i) of this paragraph for the credited CPP qualifying
service specified in such subparagraph (i), an additional one and nine-
ty-eight one-hundredths percent of his or her compensation earned from
that portion of such credited CPP qualifying service which is rendered
in a physically taxing position on and after the starting date of the
S. 6038 3
age fifty-five improved benefit retirement program (A) while such person
is a participant in such program; and (B) before such person becomes
such a participant pursuant to paragraph one [or], two OR SEVEN of
subdivision b of this section; and (C) after such person ceases to be a
participant, but before he or she again becomes such a participant
pursuant to paragraph five of such subdivision b.
§ 3. Subdivision b of section 604-c of the retirement and social secu-
rity law, as added by chapter 96 of the laws of 1995, is amended by
adding a new paragraph 8 to read as follows:
8. NOTWITHSTANDING PARAGRAPHS ONE, TWO, AND SEVEN OF THIS SUBDIVISION
AND ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, ANY PERSON WHO MET THE
PARTICIPATION REQUIREMENTS OF PARAGRAPH ONE OR TWO OF THIS SUBDIVISION,
BUT WHO FAILED TO FILE A DULY EXECUTED APPLICATION FOR SUCH PARTIC-
IPATION PURSUANT TO PARAGRAPH ONE OR TWO OF THIS SUBDIVISION, RESPEC-
TIVELY, MAY ELECT TO BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR EARLY
RETIREMENT PROGRAM BY FILING, WITHIN ONE HUNDRED TWENTY DAYS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH, A DULY EXECUTED APPLICATION FOR SUCH
PARTICIPATION WITH THE NYCERS OR THE BERS, PROVIDED HE OR SHE IS AN
ELIGIBLE MEMBER IN ACTIVE SERVICE ON THE DATE SUCH APPLICATION IS FILED.
§ 4. Paragraph 1 of subdivision d of section 604-c of the retirement
and social security law, as amended by chapter 509 of the laws of 2001,
is amended to read as follows:
1. In addition to the member contributions required by section six
hundred thirteen of this article, each participant in the twenty-five-
year early retirement program shall contribute (subject to the applica-
ble provisions of subdivision d of section six hundred thirteen of this
article) an additional percentage or additional percentages of his or
her compensation to the retirement system of which he or she is a member
in accordance with the following schedule:
(i) (A) each such participant shall contribute an additional four and
thirty-five one-hundredths percent of his or her compensation earned
from all credited service (whether or not in a physically taxing posi-
tion) rendered on and after the starting date of the twenty-five-year
early retirement program and prior to the commencement date of the first
payroll period which begins after January first, nineteen hundred nine-
ty-eight (1) while such person is a participant in such program; and (2)
before such person becomes such a participant pursuant to paragraph one
[or], two OR EIGHT of subdivision b of this section (whether or not
rendered in a New York city eligible position); and (3) after such
person ceases to be a participant, but before he or she again becomes
such a participant pursuant to paragraph five of such subdivision b
(whether or not rendered in a New York city eligible position); and
(B) each such participant shall contribute an additional two and
eighty-five one-hundredths percent of his or her compensation earned
from all credited service (whether or not in a physically taxing posi-
tion) rendered on and after the commencement date of the first payroll
period which begins after January first, nineteen hundred ninety-eight
and prior to the commencement date of the first payroll period which
begins subsequent to the effective date of [the] chapter FIVE HUNDRED
NINE of the laws of two thousand one [which amended this item] (1) while
such person is a participant in such program; and (2) before such person
becomes such a participant pursuant to paragraph one [or], two OR EIGHT
of subdivision b of this section (whether or not rendered in a New York
city eligible position); and (3) after such person ceases to be a
participant, but before he or she again becomes such a participant
S. 6038 4
pursuant to paragraph five of such subdivision b (whether or not
rendered in a New York city eligible position); and
(C) each such participant shall contribute an additional one and
eighty-five one-hundredths percent of his or her compensation earned
from all credited service (whether or not in a physically taxing posi-
tion) rendered on and after the commencement date of the first payroll
period which begins subsequent to the effective date of [the] chapter
FIVE HUNDRED NINE of the laws of two thousand one [which added this
item] (1) while such person is a participant in such program; and (2)
before such person becomes such a participant pursuant to paragraph one
[or], two OR EIGHT of subdivision b of this section (whether or not
rendered in a New York city eligible position); and (3) after such
person ceases to be a participant, but before he or she again becomes
such a participant pursuant to paragraph five of such subdivision b
(whether or not rendered in a New York city eligible position); and
(ii) each such participant who is employed in a physically taxing
position (as defined in paragraph eleven of subdivision a of this
section) shall contribute, in addition to the additional member contrib-
utions required to be made at the percentage of compensation specified
in subparagraph (i) of this paragraph for the credited service specified
in such subparagraph (i), an additional one and ninety-eight one-hun-
dredths percent of his or her compensation earned from that portion of
such credited service which is rendered in a physically taxing position
on and after the starting date of the twenty-five-year early retirement
program (A) while such person is a participant in such program; and (B)
before such person becomes such a participant pursuant to paragraph one
[or], two OR EIGHT of subdivision b of this section; and (C) after such
person ceases to be a participant, but before he or she again becomes
such a participant pursuant to paragraph five of such subdivision b.
(iii) notwithstanding the provisions of subparagraphs (i) and (ii) of
this paragraph, a person who becomes a participant in the twenty-five-
year early retirement program provided by this section, who prior to
such membership was subject to the provisions of section six hundred
four-b of this article, shall not be required to pay the additional
member contributions required by subparagraphs (i) and (ii) of this
paragraph for any period of credited service before which such person
became a participant pursuant to paragraph one [or], two OR EIGHT of
subdivision b of this section and during which such participant was
subject to the provisions of such section six hundred four-b and no
additional employee contributions were required of such member.
§ 5. Subdivision c of section 604-d of the retirement and social secu-
rity law is amended by adding a new paragraph 7 to read as follows:
7. NOTWITHSTANDING PARAGRAPHS ONE AND SIX OF THIS SUBDIVISION AND ANY
OTHER PROVISIONS OF LAW TO THE CONTRARY, ANY PERSON WHO MET THE PARTIC-
IPATION REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVISION, BUT WHO
FAILED TO FILE A DULY EXECUTED APPLICATION FOR SUCH PARTICIPATION PURSU-
ANT TO PARAGRAPH ONE OF THIS SUBDIVISION, MAY ELECT TO BECOME A PARTIC-
IPANT IN THE AGE FIFTY-SEVEN RETIREMENT PROGRAM BY FILING, WITHIN ONE
HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH A DULY
EXECUTED APPLICATION FOR SUCH PARTICIPATION WITH THE NYCERS OR THE BERS,
PROVIDED HE OR SHE IS AN ELIGIBLE MEMBER IN ACTIVE SERVICE ON THE DATE
SUCH APPLICATION IS FILED.
§ 6. Paragraph 1 of subdivision f of section 604-d of the retirement
and social security law, as amended by chapter 509 of the laws of 2001,
is amended to read as follows:
S. 6038 5
1. In addition to the member contributions required by section six
hundred thirteen of this article, each participant in the age fifty-sev-
en retirement program shall contribute (subject to the applicable
provisions of subdivision d of section six hundred thirteen of this
article) an additional percentage or additional percentages of his or
her compensation to the retirement system of which he or she is a member
in accordance with the following schedule:
(i) (A) each such participant shall contribute an additional four and
thirty-five one-hundredths percent of his or her compensation earned
from all credited service (whether or not in a physically taxing posi-
tion) rendered prior to the commencement date of the first payroll peri-
od which begins after January first, nineteen hundred ninety-eight (1)
while such person is a participant in such program; and (2) before such
person becomes such a participant pursuant to paragraph one [or], three
OR SEVEN of subdivision c of this section (whether or not rendered in a
New York city eligible position, and whether rendered before or after
the enactment date of the age fifty-seven retirement program); and (3)
after such person ceases to be a participant, but before he or she again
becomes such a participant pursuant to paragraph five of such subdivi-
sion c (whether or not rendered in a New York city eligible position);
and
(B) each such participant shall contribute an additional two and
eighty-five one-hundredths percent of his or her compensation earned
from all credited service (whether or not in a physically taxing posi-
tion) rendered on and after the commencement date of the first payroll
period which begins after January first, nineteen hundred ninety-eight
and prior to the commencement date of the first payroll period which
begins subsequent to the effective date of [the] chapter FIVE HUNDRED
NINE of the laws of two thousand one [which amended this item] (1) while
such person is a participant in such program; and (2) before such person
becomes such a participant pursuant to paragraph one [or], three OR
SEVEN of subdivision c of this section (whether or not rendered in a New
York city eligible position); and (3) after such person ceases to be a
participant, but before he or she again becomes such a participant
pursuant to paragraph five of such subdivision c (whether or not
rendered in a New York city eligible position); and
(C) each such participant shall contribute an additional one and
eighty-five one-hundredths percent of his or her compensation earned
from all credited service (whether or not in a physically taxing posi-
tion) rendered on and after the commencement date of the first payroll
period which begins subsequent to the effective date of [the] chapter
FIVE HUNDRED NINE of the laws of two thousand one [which added this
item] (1) while such person is a participant in such program; and (2)
before such person becomes such a participant pursuant to paragraph one
[or], three OR SEVEN of subdivision c of this section (whether or not
rendered in a New York city eligible position); and (3) after such
person ceases to be a participant, but before he or she again becomes
such a participant pursuant to paragraph five of such subdivision c
(whether or not rendered in A New York city eligible position); and
(ii) each such participant who is employed in a physically taxing
position (as defined in paragraph eleven of subdivision a of section six
hundred four-c of this article) shall contribute, in addition to the
additional member contributions required to be made at the percentage of
compensation specified in subparagraph (i) of this paragraph for the
credited service specified in such subparagraph (i), an additional one
and ninety-eight one-hundredths percent of his or her compensation
S. 6038 6
earned from that portion of such credited service which is rendered in a
physically taxing position (A) while such person is a participant in
such program; and (B) before such person becomes such a participant
pursuant to paragraph one [or], three OR SEVEN of subdivision c of this
section (whether rendered before or after the enactment date of the age
fifty-seven retirement program); and (C) after such person ceases to be
a participant, but before he or she again becomes such a participant
pursuant to paragraph five of such subdivision c.
(iii) notwithstanding the provisions of subparagraphs (i) and (ii) of
this paragraph, a person who becomes a participant in the age fifty-sev-
en early retirement program provided by this section, who prior to such
membership was subject to the provisions of section six hundred four-b
of this article, shall not be required to pay the additional member
contributions required by subparagraphs (i) and (ii) of this paragraph
for any period of credited service before which such person became a
participant pursuant to paragraph one [or], three OR SEVEN of subdivi-
sion c of this section and during which such participant was subject to
the provisions of such section six hundred four-b and no additional
employee contributions were required of such member.
§ 7. This act shall take effect immediately.
