S T A T E O F N E W Y O R K
________________________________________________________________________
8160
2025-2026 Regular Sessions
I N S E N A T E
May 15, 2025
___________
Introduced by Sen. JACKSON -- 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 and the education
law, in relation to increasing the base benefit amount for computation
of pension cost-of-living adjustments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions c and d of section 78-a of the retirement and
social security law, as added by chapter 125 of the laws of 2000, are
amended to read as follows:
c. [Said] (I) IN CALENDAR YEARS TWO THOUSAND THREE THROUGH TWO THOU-
SAND TWENTY-FIVE, SAID cost-of-living adjustment shall be computed on a
base benefit amount not to exceed eighteen thousand dollars of the annu-
al retirement allowance defined in subdivision b of this section.
(II) IN CALENDAR YEAR TWO THOUSAND TWENTY-SIX AND THEREAFTER, SAID
COST-OF-LIVING ADJUSTMENT SHALL BE COMPUTED ON A BASE BENEFIT AMOUNT NOT
TO EXCEED TWENTY-ONE THOUSAND DOLLARS OF THE ANNUAL RETIREMENT ALLOWANCE
DEFINED IN SUBDIVISION B OF THIS SECTION, EXCEPT THAT EFFECTIVE ON THE
FIRST DAY OF SEPTEMBER, TWO THOUSAND TWENTY-SIX, THE COST-OF-LIVING
ADJUSTMENT SHALL BE COMPUTED ON A BASE BENEFIT AMOUNT NOT TO EXCEED
TWENTY-ONE THOUSAND DOLLARS OF THE ANNUAL RETIREMENT ALLOWANCE DEFINED
IN SUBDIVISION B OF THIS SECTION.
d. The percentage referred to in this section shall be determined
annually by reference to the consumer price index (all urban consumers,
CPI-U, U.S. city average, all items, 1982-84=100), published by the
United States bureau of labor statistics, for each applicable calendar
year. Said percentage shall equal fifty percent of the annual inflation,
as determined from the increase in the consumer price index in the one
year period ending on the March thirty-first prior to the cost-of-living
adjustment effective on the ensuing September first. [Said] (I) IN
CALENDAR YEARS TWO THOUSAND THREE THROUGH TWO THOUSAND TWENTY-FOUR, SAID
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11214-01-5
S. 8160 2
PERCENTAGE SHALL EQUAL ONE HUNDRED PERCENT OF THE ANNUAL INFLATION, AS
DETERMINED FROM THE INCREASE IN THE CONSUMER PRICE INDEX IN THE ONE-YEAR
PERIOD ENDING ON THE MARCH THIRTY-FIRST PRIOR TO THE COST-OF-LIVING
ADJUSTMENT EFFECTIVE ON THE NEXT SUCCEEDING SEPTEMBER FIRST.
(II) IN CALENDAR YEAR TWO THOUSAND TWENTY-FIVE AND THEREAFTER, SAID
percentage shall then be rounded up to the next higher one-tenth of one
percent and shall not exceed three percent nor be less than one percent,
EXCEPT THAT, COMMENCING THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWEN-
TY-SIX, THE COST-OF-LIVING ADJUSTMENTS PAID BETWEEN THE FIRST DAY OF
SEPTEMBER, TWO THOUSAND THREE AND THE FIRST DAY OF SEPTEMBER, TWO THOU-
SAND TWENTY-FOUR SHALL EQUAL ONE HUNDRED PERCENT OF THE ANNUAL
INFLATION, AS DETERMINED FROM THE INCREASE IN THE CONSUMER PRICE INDEX
IN THE ONE YEAR PERIOD ENDING ON THE MARCH THIRTY-FIRST PRIOR TO THE
COST-OF-LIVING ADJUSTMENT EFFECTIVE ON THE ENSUING SEPTEMBER FIRST. SAID
PERCENTAGE SHALL THEN BE ROUNDED UP TO THE NEXT HIGHER ONE-TENTH OF ONE
PERCENT AND SHALL NOT EXCEED THREE PERCENT NOR BE LESS THAN ONE PERCENT.
§ 2. Subdivisions c and d of section 378-a of the retirement and
social security law, as added by chapter 125 of the laws of 2000, are
amended to read as follows:
c. Said cost-of-living adjustment shall be computed on a base benefit
amount not to exceed eighteen thousand dollars of the annual retirement
allowance defined in subdivision b of this section, EXCEPT THAT, EFFEC-
TIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWENTY-SIX, THE COST-
OF-LIVING ADJUSTMENT SHALL BE COMPUTED ON A BASE BENEFIT AMOUNT NOT TO
EXCEED TWENTY-ONE THOUSAND DOLLARS OF THE ANNUAL RETIREMENT ALLOWANCE
DEFINED IN SUBDIVISION B OF THIS SECTION.
d. The percentage referred to in this section shall be determined
annually by reference to the consumer price index (all urban consumers,
CPI-U, U.S. city average, all items, 1982-84=100), published by the
United States bureau of labor statistics, for each applicable calendar
year. Said percentage shall equal fifty percent of the annual inflation,
as determined from the increase in the consumer price index in the one
year period ending on the March thirty-first prior to the cost-of-living
adjustment effective on the ensuing September first. Said percentage
shall then be rounded up to the next higher one-tenth of one percent and
shall not exceed three percent nor be less than one percent, EXCEPT
THAT, COMMENCING THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWENTY-SIX,
THE COST-OF-LIVING ADJUSTMENTS PAID BETWEEN THE FIRST DAY OF SEPTEMBER,
TWO THOUSAND THREE AND THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWENTY-
THREE SHALL EQUAL ONE HUNDRED PERCENT OF THE ANNUAL INFLATION, AS DETER-
MINED FROM THE INCREASE IN THE CONSUMER PRICE INDEX IN THE ONE YEAR
PERIOD ENDING ON THE MARCH THIRTY-FIRST PRIOR TO THE COST-OF-LIVING
ADJUSTMENT EFFECTIVE ON THE ENSUING SEPTEMBER FIRST. SAID PERCENTAGE
SHALL THEN BE ROUNDED UP TO THE NEXT HIGHER ONE-TENTH OF ONE PERCENT AND
SHALL NOT EXCEED THREE PERCENT NOR BE LESS THAN ONE PERCENT.
§ 3. Subdivisions c and d of section 532-a of the education law, as
added by chapter 125 of the laws of 2000, are amended to read as
follows:
c. Said cost-of-living adjustment shall be computed on a base benefit
amount not to exceed eighteen thousand dollars of the annual retirement
allowance defined in subdivision b of this section, EXCEPT THAT EFFEC-
TIVE ON THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWENTY-SIX, THE COST-
OF-LIVING ADJUSTMENT SHALL BE COMPUTED ON A BASE BENEFIT AMOUNT NOT TO
EXCEED TWENTY-ONE THOUSAND DOLLARS OF THE ANNUAL RETIREMENT ALLOWANCE
DEFINED IN SUBDIVISION B OF THIS SECTION.
S. 8160 3
d. The percentage referred to in this section shall be determined
annually by reference to the consumer price index (all urban consumers,
CPI-U, U.S. city average, all items, 1982-84=100), published by the
United States bureau of labor statistics, for each applicable calendar
year. Said percentage shall equal fifty percent of the annual inflation,
as determined from the increase in the consumer price index in the one
year period ending on the March thirty-first prior to the cost-of-living
adjustment effective on the ensuing September first. Said percentage
shall then be rounded up to the next higher one-tenth of one percent and
shall not exceed three percent nor be less than one percent, EXCEPT
THAT, COMMENCING THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWENTY-SIX,
THE COST-OF-LIVING ADJUSTMENTS PAID BETWEEN THE FIRST DAY OF SEPTEMBER,
TWO THOUSAND THREE AND THE FIRST DAY OF SEPTEMBER, TWO THOUSAND TWENTY-
FOUR SHALL EQUAL ONE HUNDRED PERCENT OF THE ANNUAL INFLATION, AS DETER-
MINED FROM THE INCREASE IN THE CONSUMER PRICE INDEX IN THE ONE YEAR
PERIOD ENDING ON THE MARCH THIRTY-FIRST PRIOR TO THE COST-OF-LIVING
ADJUSTMENT EFFECTIVE ON THE ENSUING SEPTEMBER FIRST. SAID PERCENTAGE
SHALL THEN BE ROUNDED UP TO THE NEXT HIGHER ONE-TENTH OF ONE PERCENT AND
SHALL NOT EXCEED THREE PERCENT NOR BE LESS THAN ONE PERCENT.
§ 4. 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.
§ 5. This act shall take effect September 1, 2026; provided, however,
that no benefits payable prior to the first day of September two thou-
sand twenty-five shall be affected by this act.