Senate Bill S9070

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9070
 
                             I N  S E N A T E
 
                             January 28, 2026
                                ___________
 
 Introduced  by  Sens.  JACKSON,  CHAN,  COMRIE,  HARCKHAM, LIU, MATTERA,
   PALUMBO, PARKER, ROLISON, SCARCELLA-SPANTON, SKOUFIS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Civil Service and Pensions
 
 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
 S. 9070                             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.
 S. 9070                             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
 S. 9070                             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.