S T A T E O F N E W Y O R K
________________________________________________________________________
10198
I N A S S E M B L Y
February 12, 2026
___________
Introduced by M. of A. RAJKUMAR, COLTON, ALVAREZ, WILLIAMS, O'PHARROW,
HOOKS, BRABENEC, PIROZZOLO, YEGER, NOVAKHOV, TAYLOR, GRIFFIN, KAY --
Multi-Sponsored by -- M. of A. LEVENBERG -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the administrative code of the city of New York, in
relation to granting members of the city's police force eligibility
for retirement and pension based on previous service as traffic
enforcement agents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 13-633 to read as follows:
§ 13-633 TRANSFER OF MEMBERS OF THE NEW YORK CITY POLICE DEPARTMENT
FROM TRAFFIC ENFORCEMENT TO THE POLICE FORCE. A. THE TIME SERVED AS A
MEMBER OF THE CITY'S TRAFFIC ENFORCEMENT WHO HAS BECOME A MEMBER OF THE
UNIFORMED FORCE OF THE POLICE DEPARTMENT OF THE CITY, WHETHER BY TRANS-
FER OR AS A RESULT OF A COMPETITIVE EXAMINATION AND APPOINTMENT, AND WHO
IS STILL A MEMBER OF THE UNIFORMED FORCE OF THE POLICE DEPARTMENT OF THE
CITY, SHALL BE INCLUDED AND COUNTED AS POLICE SERVICE AS DEFINED IN
SECTION 13-214 OF THIS TITLE IN DETERMINING RETIREMENT AND PENSION BENE-
FITS AS PROVIDED IN THIS CODE AND THE RETIREMENT AND SOCIAL SECURITY LAW
IF SUCH PERSON BECOMES A MEMBER OF A STATE OR CITY RETIREMENT SYSTEM
AVAILABLE TO MEMBERS OF THE POLICE DEPARTMENT OF THE CITY, PROVIDED,
HOWEVER, THAT NO PERSON BECOMING A MEMBER OF THE UNIFORMED FORCE OF THE
POLICE DEPARTMENT OF THE CITY IN THE MANNER HEREIN PROVIDED, SHALL BE
ENTITLED TO PARTICIPATE IN THE BENEFITS OF A STATE OR CITY RETIREMENT
SYSTEM AVAILABLE TO MEMBERS OF THE POLICE DEPARTMENT OF THE CITY, UNLESS
SUCH PERSON SHALL PAY INTO SUCH FUND THE TOTAL SUM THAT SUCH PERSON
WOULD HAVE BEEN REQUIRED TO PAY IN ORDER TO PARTICIPATE THEREIN HAD SUCH
PERSON BEEN A MEMBER OF SUCH FORCE FROM THE TIME THEY ENTERED THE
SERVICE OF TRAFFIC ENFORCEMENT. THESE PROVISIONS SHALL NOT BE SUBJECT TO
ANY RESTRICTION RELATIVE TO TRANSFERS CONTAINED IN THE CIVIL SERVICE LAW
OR IN THE RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION OF THE
STATE, OR ANY SUBDIVISION THEREOF.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02377-11-6
A. 10198 2
B. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, A MEMBER OF THE NEW
YORK CITY POLICE DEPARTMENT SHALL BE ENTITLED TO BUY BACK AND RECEIVE
SERVICE CREDIT FOR THE PERIOD OF TIME SUCH MEMBER WAS PREVIOUSLY
EMPLOYED AS A NEW YORK CITY TRAFFIC ENFORCEMENT AGENT PURSUANT TO SUBDI-
VISION A OF THIS SECTION.
C. THE PROVISIONS OF THIS SECTION SHALL APPLY TO MEMBERS WHO HAVE BEEN
APPOINTED TO THE TITLE TRAFFIC ENFORCEMENT AGENT PRIOR TO JULY FIRST,
TWO THOUSAND NINE.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would deem certain prior service
rendered as a traffic enforcement agent with the New York City Police
Department, for those hired in such title before July 1, 2009, that was
purchased or transferred into the New York City Police Pension Fund
(POLICE), as uniformed service for purposes of determining the eligibil-
ity and amount of POLICE retirement benefits.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYC
2027 8.3
2028 7.4
2029 7.0
2030 6.7
2031 6.3
2032 (3.1)
2033 (3.1)
2034 (2.8)
2035 (2.3)
2036 (2.3)
2037 (2.3)
2038 (2.1)
2039 (1.8)
2040 (1.6)
2041 (1.4)
2042 (1.2)
2043 (1.0)
2044 (0.8)
2045 (0.7)
2046 (0.6)
2047 (0.5)
2048 (0.4)
2049 (0.2)
2050 (0.1)
2051 (0.1)
Employer Contribution impact beyond Fiscal Year 2051 is not shown.
The entire increase (decrease) in employer contributions will be allo-
cated to New York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
A. 10198 3
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
Present Value (PV) NYC
(1) PV of Employer Contributions: 15.4
(2) PV of Employee Contributions: (0.4)
Total PV of Benefits (1) + (2): 15.0
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
NYC
Increase (Decrease) in UAL: 36.1 M
Number of Payments: 5
Amortization Payment: 9.1 M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025 and was supplemented with data
previously provided by the New York City Police Department and the
Police Benevolent Association. The census data for the impacted popu-
lation is summarized below.
POLICE
Active Members
- Number Count: 194
- Average Age: 45.5
- Average Current Uniform Service: 20.1
- Average Traffic Enforcement Service: 4.8
- Average Salary: 154,000
IMPACT ON MEMBER BENEFITS: Currently, Tier 2 members of POLICE receive
a benefit based on 75% of 1/60th times the member's average earnings
over their last five years of service for each year of non-uniformed
civilian service, such as prior traffic enforcement agent service. Tier
3 members generally receive no additional benefit for non-uniformed
civilian service.
Under the proposed legislation, periods of qualifying prior non-uni-
formed service rendered as a traffic enforcement agent (for those hired
in such title before July 1, 2009), that are purchased or transferred,
would be classified as Allowable Service in the police force and there-
fore be included in the minimum service required for eligibility and
payment of an unreduced service retirement benefit for all tiers.
For purposes of this Fiscal Note, it has been assumed that the
proposed legislation would not allow for tier reinstatement for impacted
members. To the extent that tier reinstatement would be allowed, costs
would be higher.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems.
To determine the impact of the elective nature of the proposed legis-
lation, a subgroup of eligible members was developed based on who is
assumed to benefit actuarially by comparing the net present value impact
A. 10198 4
of future employer costs of each member's benefit before and after the
transfer or purchase of traffic enforcement agent service.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our 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 2026-04 dated January 27,
2026 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds and is intended for use only during the 2026
Legislative Session.