NY State Senate Bill S3968

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to civil service and pensions returned to senate died in assembly
Jun 05, 2019	referred to governmental employees delivered to assembly passed senate ordered to third reading cal.1185 committee discharged and committed to rules
Apr 30, 2019	reported and committed to finance
Feb 22, 2019	referred to civil service and pensions

Votes

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Jun 5, 2019 - floor Vote

S3968

floor

Aye

Nay

Absent

Excused

Abstained

Jun 5, 2019 - Rules committee Vote

S3968

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Apr 30, 2019 - Civil Service and Pensions committee Vote

S3968

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

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S3968 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§1000, 78-a & 378-a, R & SS L; amd §532-a, Ed L; amd §13-696, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6820
2015-2016: S5065
2017-2018: S6505
2021-2022: S5110

S3968 (ACTIVE) - Summary

Relates to supplemental military retirement allowances for members of public retirement systems of the state.

S3968 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3968

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the retirement and social security law, the education
law and the administrative code of the city of New York, in relation to
supplemental military retirement allowances for members of public
retirement systems of the state

 
PURPOSE:

This bill intends to provide veterans who have retired from public
service in the state with a veterans pension benefit similar to that
which active veteran public employees are entitled to receive

 
SUMMARY OF PROVISIONS:

Section 1. Provide that a member of a public retirement system of the
State of New York who retired prior to May thirty-first, two thousand
seventeen may make application to the retirement system for a supple-

mental military allowance;

Section 2. Applies to persons who meet the eligibility requirements of
the veteran's service credit buy back law

Section 3. provides a supplemental military allowance equal to .25% for
each month of military service of such person, to a maximum of 36 months

Section 4. provides that the supplemental military allowance shall apply
to the first $15,000, prior to optional modification, of the retired
person

Section 5. requires the application for the supplemental military allow-
ance be made no later than December 31, 2019.

 
JUSTIFICATION:

The Veterans Service Credit Act of 2000 permitted active military public
employees who served in the military during specific military conflicts
to purchase up to three years retirement credit for that military
service. This was the first opportunity veterans had to include their
military service in their public retirement plan since 1976.

Many Korean veterans were not eligible for that 1976 buy back law.
Vietnam veterans were just entering public service at that time. In the
ensuing years, many of these veterans provided years of dedicated public
service and retired without the ability to add military credit to their
retirement. Current employees now have that ability.

It is unfair to ignore the service provided by veterans to our state and
country now that active employees can receive this benefit. This bill
overcomes that injustice by providing retired veterans with a comparable
supplemental military allowance.

 
FISCAL IMPLICATIONS:

See fiscal note attached

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become law.

S3968 (ACTIVE) - Bill Text download pdf


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

                                  3968

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 22, 2019
                               ___________

Introduced  by  Sen.  BROOKS -- 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,  the  education
  law  and  the administrative code of the city of New York, in relation
  to supplemental military retirement allowances for members  of  public
  retirement systems of the state

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

  Section 1. Section 1000 of the retirement and social security  law  is
amended by adding a new subdivision 8-a to read as follows:
  8-A.  A  PERSON  WHO  RETIRED  PRIOR TO MAY THIRTY-FIRST, TWO THOUSAND
SEVENTEEN AND WHO WOULD HAVE BEEN ENTITLED TO  THE  PROVISIONS  OF  THIS
SECTION,  MAY  MAKE  APPLICATION TO SUCH RETIREMENT SYSTEM NO LATER THAN
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY FOR A  SUPPLEMENTAL  MILITARY
RETIREMENT  ALLOWANCE  PURSUANT  TO THIS SUBDIVISION.   THE SUPPLEMENTAL
RETIREMENT ALLOWANCE PROVIDED BY THIS SUBDIVISION SHALL BE  IN  LIEU  OF
ANY  BENEFIT  OTHERWISE PROVIDED PURSUANT TO THIS SECTION AND ANY CREDIT
GRANTED FOR MILITARY SERVICE WITH ANY RETIREMENT SYSTEM  OF  THIS  STATE
PURSUANT  TO  ANY OTHER SECTION OF LAW.  UPON RECEIPT OF AN APPLICATION,
THE RETIREMENT SYSTEM SHALL DETERMINE THE AMOUNT OF SERVICE CREDIT  SUCH
PERSON  WOULD HAVE BEEN ENTITLED TO RECEIVE PURSUANT TO SUBDIVISIONS ONE
AND TWO OF THIS SECTION, SUBJECT TO THE LIMITATIONS  CONTAINED  IN  THIS
SECTION.  THE SUPPLEMENTAL MILITARY RETIREMENT ALLOWANCE SHALL EQUAL THE
RETIREMENT ALLOWANCE OF SUCH PERSON, COMPUTED WITHOUT OPTIONAL MODIFICA-
TION AND NOT TO EXCEED FIFTEEN THOUSAND DOLLARS, MULTIPLIED  BY  TWENTY-
FIVE  ONE-HUNDREDTHS  OF  ONE PERCENT PER MONTH OF THE SERVICE CREDIT AS
DETERMINED PURSUANT TO THIS SUBDIVISION.   ONE-TWELFTH  OF  THE  SUPPLE-
MENTAL  MILITARY  RETIREMENT  ALLOWANCE SHALL BE ADDED TO THE RETIREMENT
ALLOWANCE OF SUCH PERSON EACH MONTH. THE  BENEFIT  PAYABLE  PURSUANT  TO
THIS  SECTION SHALL COMMENCE ON THE NEXT RETIREMENT ALLOWANCE PAYABLE AT
LEAST THIRTY DAYS AFTER THE RECEIPT OF AN APPLICATION FROM SUCH  PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD08018-03-9

S. 3968                             2

FOR THE PURPOSES OF THIS SUBDIVISION, RETIREMENT ALLOWANCE SHALL EXCLUDE
ANY ANNUITY DERIVED FROM VOLUNTARY CONTRIBUTIONS MADE BY THE INDIVIDUAL,
EXCEPT THOSE MADE PURSUANT TO ELECTIONS UNDER SUBDIVISION ONE OF SECTION
FIVE  HUNDRED  ELEVEN-A  OR  PARAGRAPH C OF SUBDIVISION THREE OF SECTION
FIVE HUNDRED SIXTEEN OF THE EDUCATION LAW, BUT SHALL INCLUDE ANY COST OF
LIVING  ADJUSTMENT  DERIVED  FROM  SECTIONS  SEVENTY-EIGHT-A  AND  THREE
HUNDRED  SEVENTY-EIGHT-A OF THIS CHAPTER OR SECTION FIVE HUNDRED THIRTY-
TWO-A OF THE EDUCATION LAW, AS APPLICABLE.  THE BENEFIT PAYABLE PURSUANT
TO THIS SUBDIVISION SHALL BE PAYABLE FOR THE LIFE OF THE RETIRED  MEMBER
ONLY,  EXCEPT THAT THE SURVIVING SPOUSE OF A DECEASED MEMBER WHO RETIRED
UNDER AN OPTION PROVIDING A BENEFIT TO BE  CONTINUED  FOR  LIFE  TO  THE
SURVIVING  SPOUSE  AFTER  THE  DEATH  OF THE MEMBER SHALL BE ENTITLED TO
RECEIVE FIFTY PERCENT OF THE MONTHLY BENEFIT  THAT  THE  RETIRED  MEMBER
WOULD  BE  RECEIVING PURSUANT TO THIS SUBDIVISION, IF LIVING, COMMENCING
WITH THE NEXT RETIREMENT ALLOWANCE PAYABLE AT LEAST  THIRTY  DAYS  AFTER
RECEIPT  OF  AN  APPLICATION  FROM THE RETIRED MEMBER FOR THE BENEFIT OR
PAYABLE AFTER THE DEATH OF THE RETIRED MEMBER.
  § 2. Subdivision b of section 78-a of the retirement and social  secu-
rity  law,  as  added  by chapter 125 of the laws of 2000, is amended to
read as follows:
  b. Said cost-of-living adjustment shall be a percentage of the  annual
retirement   allowance  otherwise  payable,  computed  without  optional
modification, but including any benefit derived from  subdivision  f  of
this  section  [and], any prior year's cost-of-living adjustment derived
from this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT
ALLOWANCE DERIVED FROM SUBDIVISION EIGHT-A OF SECTION  ONE  THOUSAND  OF
THIS  CHAPTER.  Said  percentage  is  set forth in subdivision d of this
section.
  § 3. Subdivision b of section 378-a of the retirement and social secu-
rity law, as added by chapter 125 of the laws of  2000,  is  amended  to
read as follows:
  b.  Said cost-of-living adjustment shall be a percentage of the annual
retirement  allowance  otherwise  payable,  computed  without   optional
modification,  but  including  any benefit derived from subdivision f of
this section [and], any prior year's cost-of-living  adjustment  derived
from this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT
ALLOWANCE  DERIVED  FROM  SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF
THIS CHAPTER.  Said percentage is set forth in  subdivision  d  of  this
section.
  §  4. Subdivision b of section 532-a of the education law, as added by
chapter 125 of the laws of 2000, is amended to read as follows:
  b. Said cost-of-living adjustment shall be a percentage of the  annual
retirement   allowance  otherwise  payable,  computed  without  optional
modification, excluding any annuity derived from voluntary contributions
made by members, except those made pursuant to elections under  subdivi-
sion  one of section five hundred eleven-a or paragraph c of subdivision
three of section five hundred sixteen of this article, but including any
benefit derived from subdivision f of  this  section  [and],  any  prior
year's  cost-of-living  adjustment  derived  from  this  section AND THE
AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT  ALLOWANCE  DERIVED  FROM
SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF THE RETIREMENT AND SOCIAL
SECURITY  LAW.  Said  percentage  is  set forth in subdivision d of this
section.
  § 5. Subdivision b of section 13-696 of the administrative code of the
city of New York, as added by chapter  125  of  the  laws  of  2000,  is
amended to read as follows:

S. 3968                             3

  b.  Said cost-of-living adjustment shall be a percentage of the annual
fixed retirement allowance otherwise payable, computed without  optional
modification,  but  including  any benefit derived from subdivision f of
this section [and], any prior year's cost-of-living  adjustment  derived
from  this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY ALLOWANCE
DERIVED FROM SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF THE  RETIRE-
MENT  AND SOCIAL SECURITY LAW.  Said percentage is set forth in subdivi-
sion d of this section.
  § 6. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend Section 1000 of the Retirement and Social  Secu-
rity  Law  to give veterans who retired prior to May 31, 2017, a supple-
mental pension equal to their first $15,000  of  single  life  allowance
together  with  any cost of living adjustment, multiplied by 3% per year
for up to three (3) years of such service credit  for  military  service
that  would  have  been  eligible if the member retired on or after such
date. The surviving spouse of such a retired veteran who chose a contin-
ued life benefit to the spouse shall receive half of what  the  deceased
member  would  have received. There would not be any payment required by
an affected retiree or surviving spouse for this  supplemental  pension.
Such  retiree may make application for the supplemental pension no later
than December 31, 2020 and the payment of the benefit  will  begin  with
the  next monthly pension payment payable at least 30 days after receipt
of the application.
  The exact number of retirees that could be  affected  by  this  legis-
lation cannot be readily determined.
  ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty  Law,  the  increased cost to the New York State and Local Employees'
Retirement System would be borne entirely by the State of New  York  and
would  require  an  itemized appropriation sufficient to pay the cost of
the provision. Once a retiree applies for this benefit a  cost  will  be
generated, which will be billed to the State.
  PFRS  Costs:  These costs would be shared by the State of New York and
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, 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
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 February 13, 2019,  and  intended  for  use  only
during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-77,
prepared by the Actuary for the New  York  State  and  Local  Retirement
System.

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The New York State Senate

senate Bill S3968

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Your Voice

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Votes

Jun 5, 2019 - floor Vote

Floor Vote: Jun 5, 2019

Jun 5, 2019 - Rules committee Vote

Rules Committee Vote: Jun 5, 2019

Apr 30, 2019 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: Apr 30, 2019

Co-Sponsors

S3968 (ACTIVE) - Details

S3968 (ACTIVE) - Summary

S3968 (ACTIVE) - Sponsor Memo

S3968 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3968

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Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Your Voice

Actions

Votes

Jun 5, 2019 - floor Vote

Floor Vote: Jun 5, 2019

Jun 5, 2019 - Rules committee Vote

Rules Committee Vote: Jun 5, 2019

Apr 30, 2019 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: Apr 30, 2019

Co-Sponsors

S3968 (ACTIVE) - Details

S3968 (ACTIVE) - Summary

S3968 (ACTIVE) - Sponsor Memo

S3968 (ACTIVE) - Bill Text download pdf

Comments