S T A T E O F N E W Y O R K
________________________________________________________________________
7681
2023-2024 Regular Sessions
I N A S S E M B L Y
June 5, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the general municipal law, in relation to allowing
certain members of the New York city fire department pension fund to
receive a membership date in the New York city fire department pension
fund attributable to service in the titles of police cadet program or
police cadet program II in the New York city police department cadet
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 209-fff of the general municipal law, as added by
chapter 431 of the laws of 2019, is amended to read as follows:
§ 209-fff. Provisions relating to a membership date in the New York
city police pension fund OR THE FIRE DEPARTMENT PENSION FUND attribut-
able to service in the titles of police cadet program and police cadet
program II in the New York city police department cadet program. 1.
Notwithstanding any provision of law to the contrary, upon election, any
member of the New York city police pension fund OR THE NEW YORK CITY
FIRE DEPARTMENT PENSION FUND who is subject to article fourteen of the
retirement and social security law, and who served in the New York city
police department cadet program in the title of police cadet program or
police cadet program II prior to April first, two thousand twelve, but
did not join the New York city employees' retirement system while serv-
ing in either such title, may purchase credit for the period of service
in such titles in the New York city police department cadet program by
paying into the New York city police pension fund OR THE NEW YORK CITY
FIRE DEPARTMENT PENSION FUND all member contributions plus interest, at
a rate of five percent per annum, which would have been payable to the
New York city employees' retirement system under any provision of law
had such member joined the New York city employees' retirement system on
the earliest date that he or she was appointed to the title of police
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10936-03-3
A. 7681 2
cadet program or police cadet program II in the New York city police
department cadet program, provided such payment is made within five
years after the effective date of this section.
2. Any member of the New York city police pension fund OR THE NEW YORK
CITY FIRE DEPARTMENT PENSION FUND who acquires service credit pursuant
to this section shall be entitled to all rights, benefits and privileges
to which he or she would have been entitled had his or her membership in
the New York city police pension fund OR THE NEW YORK CITY FIRE DEPART-
MENT PENSION FUND begun upon the earliest date that he or she was
appointed to the title of police cadet program or police cadet program
II in the New York city police department cadet program, but in no event
shall the service credit acquired pursuant to this section be deemed to
be: (A) service in the police force or any other type of service counted
or creditable as service in the police force under section 13-218 of the
administrative code of the city of New York[,]; (B) SERVICE IN THE FIRE
DEPARTMENT OF THE CITY OF NEW YORK OR ANY OTHER TYPE OF SERVICE COUNTED
OR CREDIBLE AS SERVICE IN SUCH FIRE DEPARTMENT UNDER SECTION 13-318 OF
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; OR (C) SERVICE UNDER
section five hundred thirteen of the retirement and social security law
or any other provision of law for purposes of eligibility for benefits
and to determine the amount of benefits under the New York city police
pension fund OR THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation would amend Section 209-fff
of the General Municipal Law (GML) to allow New York City Fire Pension
Fund (FIRE) members subject to Article 14 of the Retirement and Social
Security Law (RSSL) (Tier 3, Tier 3 Modified, and Tier 3 Enhanced) to
purchase prior service as a cadet in the New York Police Department
(NYPD) and use the appointment date as a cadet to determine the initial
date of FIRE membership for plan or tier eligibility provided such
purchase of service is made within five years of October 29, 2019.
Effective Date: Upon enactment.
BACKGROUND: Currently, the purchase of prior NYPD cadet service
performed while not a member of the New York City Employees' Retirement
System (NYCERS) does not provide a retroactive date of membership in
FIRE, nor would it provide additional service retirement benefits for
members subject to Article 14 of the RSSL.
IMPACT ON BENEFITS: Under the proposed legislation, if enacted,
purchased NYPD cadet service performed while not a member of NYCERS
would entitle such member with a cadet service date before July 1, 2009
to be deemed a Tier 2 member, and such service would be included in the
calculation of benefits as non-qualifying service credit.
Also, under the proposed legislation, if enacted, purchased NYPD cadet
service would entitle members with cadet service between July 1, 2009
and April 1, 2012 who joined FIRE after April 1, 2012 as a Tier 3 Modi-
fied or Enhanced member to be deemed an original Tier 3 member.
IMPACT ON PAYABILITY: Since eligibility for FIRE benefits are based on
tier or plan, including cadet service towards tier or plan, eligibility
would increase and/or accelerate the payability date of benefits in
accordance with applicable earlier tiers or plans.
ADDITIONAL MEMBER CONTRIBUTIONS: For cadets who did not join NYCERS,
the member would have to pay member contributions that would have been
payable to NYCERS had they joined on their initial cadet appointment
date, plus 5.0% annual interest.
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Member contributions for FIRE are determined by tier and plan as
follows:
* Tier 2 - contribution rates are based on entry age.
* Tier 3 and Tier 3 Modified - Basic Member Contributions (BMC) of
3.0%.
* Tier 3 Enhanced - BMC of 3.0% plus Additional Member Contributions
currently equal to 2.0%. The additional contribution rate of 2.0% can be
raised to 3.0% based on a financial analysis performed by the Actuary
every three years. At no time can the total contribution rate exceed
6.0%.
FINANCIAL IMPACT - SUMMARY: There is no data currently available to
estimate the number of members who might benefit from the proposed
legislation. For the purposes of this Fiscal Note, the estimated finan-
cial impact has been calculated on a per event basis for an average FIRE
member who is either currently a Tier 3 member and could benefit from
the enactment of this proposed legislation by being deemed a Tier 2
member or is currently a Tier 3 Modified or Enhanced member who could
benefit by being deemed an original Tier 3 member. A breakdown of the
financial impact by Tier is shown in the table below.
Additional Estimated First Year
New Tier Present Value of Future Employer Contributions
Employer Contributions (average per event)
(average per event)
Tier 2 $401,800 $30,200
Original Tier 3 $11,900 $700
Enactment of this proposed legislation would increase employer
contributions, where such amount would depend on the number of members
affected as well as other characteristics including the age, years of
service, and salary history of the member.
Based on the census data and the actuarial assumptions and methods
described herein, the enactment of this proposed legislation would
increase the present value of future employer contributions and esti-
mated first year employer contributions by an amount which would depend
on the Tier granted by the purchase of prior cadet service.
As there is no data currently available to estimate the number of
members who may purchase cadet service, the financial impact would be
recognized at the time of the event. Consequently, changes in employer
contributions have been estimated assuming that the increase in present
value of future contributions will be recognized as an actuarial loss
and financed over a closed 15-year period (14 payments under the One-
Year Lag Methodology) using level dollar payments.
CENSUS DATA: The estimates presented herein are based on the census
data used in the June 30, 2022 actuarial valuation of FIRE to determine
the Preliminary Fiscal Year 2024 employer contributions.
There are 2,998 active FIRE members as of June 30, 2022 who are
currently in Tier 3, Tier 3 Modified, or Tier 3 Enhanced and who could
potentially benefit from the proposed legislation by being deemed a Tier
2 member (i.e., age 31 and older). These active members had an average
age of approximately 35.0 years, average service of approximately 6.1
years, and an average salary of approximately $116,900.
There are 3,588 active FIRE members as of June 30, 2022 who are
currently in Tier 3 Modified or Tier 3 Enhanced and could potentially
A. 7681 4
benefit from the proposed legislation by being deemed an original Tier 3
member (i.e., age 28 and older). These active members had an average age
of approximately 33.5 years, average service of approximately 5.3 years,
and an average salary of approximately $108,800.
ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
been calculated based on the actuarial assumptions and methods used for
the Preliminary Fiscal Year 2024 employer contributions of FIRE. Addi-
tionally, 1.2 years of cadet service was assumed based on the amount of
cadet service previously purchased by members of the New York City
Police Pension Fund.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, demograph-
ics of the impacted population, and other factors such as investment,
contribution, and other risks. If actual experience deviates from actu-
arial assumptions, the actual costs could differ from those presented
herein.
Costs are also dependent on the actuarial methods used, and therefore
different actuarial methods could produce different results. Quantifying
these risks is beyond the scope of this Fiscal Note.
Not measured in this Fiscal Note are the following:
* Future purchases of non-qualifying service by members who would be
deemed Tier 2 were this bill to pass.
* The initial additional administrative costs to implement the
proposed legislation.
* The impact of this proposed legislation on Other Postemployment
Benefit costs.
STATEMENT OF ACTUARIAL OPINION: I, Marek Tyszkiewicz, am the Chief
Actuary for, and independent of, the New York City Retirement Systems
and Pension Funds. I am an Associate of the Society of Actuaries and a
Member of the American Academy of Actuaries. I am a member of NYCERS but
do not believe it impairs my objectivity and I meet the Qualification
Standards of the American Academy of Actuaries to render the actuarial
opinion contained herein. To the best of my knowledge, the results
contained herein have been prepared in accordance with generally
accepted actuarial principles and procedures and with the Actuarial
Standards of Practice issued by the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2023-64 dated May 31,
2023 was prepared by the Chief Actuary for the New York City Fire
Pension Fund. This estimate is intended for use only during the 2023
Legislative Session.