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NY State Legislature· S4727-2025Signed by Governor

Relates to normal retirement age for police/fire members of the New York city fire department pension fund, the official text

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S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4727
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 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, in  relation  to
   normal  retirement  age  for  police/fire members of the New York city
   fire department pension fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 17 of section 501 of the retirement and social
 security law, as amended by chapter 18 of the laws of 2012,  is  amended
 to read as follows:
   17.  "Normal  retirement  age"  shall  be  age  sixty-two, for general
 members, [and] the age  at  which  a  member  completes  or  would  have
 completed twenty-two years of service, for police/fire members, New York
 city  uniformed  correction/sanitation revised plan members and investi-
 gator revised plan members, AND THE AGE  AT  WHICH  A  MEMBER  COMPLETES
 TWENTY  YEARS  OF SERVICE FOR POLICE/FIRE MEMBERS WHO ARE MEMBERS OF THE
 NEW YORK CITY FIRE DEPARTMENT PENSION FUND.
   § 2. Subdivision d of section 503 of the retirement and social securi-
 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
 as follows:
   d. The normal service retirement benefit  specified  in  section  five
 hundred  five  of this article shall be paid to police/fire members, New
 York city  uniformed  correction/sanitation  revised  plan  members  and
 investigator  revised plan members without regard to age upon retirement
 after twenty-two years of service; PROVIDED, HOWEVER, THAT  SUCH  NORMAL
 SERVICE  RETIREMENT  BENEFIT  FOR POLICE/FIRE MEMBERS WHO ARE MEMBERS OF
 THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND SHALL  BE  PAID  TO  SUCH
 MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND WITHOUT REGARD
 TO  AGE  UPON  RETIREMENT  AFTER TWENTY YEARS OF SERVICE.  Early service
 retirement shall be permitted upon  retirement  after  twenty  years  of
 credited service or attainment of age sixty-two, provided, however, that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01279-02-5
 S. 4727                             2
 
 New  York city police/fire revised plan members, New York city uniformed
 correction/sanitation revised plan members and investigator revised plan
 members shall not be eligible to retire for service prior to the attain-
 ment of twenty years of credited service.
   §  3. Notwithstanding the provisions of section 13-379 of the adminis-
 trative code of the city of New York, the provisions of this act  amend-
 ing sections 501 and 503 of the retirement and social security law shall
 apply  to  chapter three of title thirteen of the administrative code of
 the city of New York.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation would reduce the Normal  Retirement
 Age  for Tier 3 members of the New York City Fire Pension Fund (FIRE) to
 be the age at which a member completes twenty years of service.
 
          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
           by Fiscal Year for the first 25 years ($ in Millions)
 
                   Year                                 FIRE
                   2026                                 3.9
                   2027                                 4.2
                   2028                                 4.4
                   2029                                 4.7
                   2030                                 5.0
                   2031                                 5.3
                   2032                                 5.6
                   2033                                 6.1
                   2034                                 6.5
                   2035                                 6.9
                   2036                                 7.3
                   2037                                 7.9
                   2038                                 8.4
                   2039                                 8.8
                   2040                                 9.1
                   2041                                 9.6
                   2042                                 9.9
                   2043                                 8.7
                   2044                                 9.0
                   2045                                 9.4
                   2046                                 9.6
                   2047                                 9.8
                   2048                                 10.0
                   2049                                 10.2
                   2050                                 10.4
 Projected contributions include future new hires that may be impacted.
 For Fiscal Year 2051 and beyond, the expected increase in normal cost as
 a level percent of pay for impacted new entrants is approximately 0.28%.
   The entire increase in employer contributions will be allocated 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.
 
          INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                    as of June 30, 2024 ($ in Millions)
 S. 4727                             3
 
                Present Value (PV)                      FIRE
                (1) PV of Employer Contributions:       25.9
                (2) PV of Employee Contributions:       (3.5)
                Total PV of Benefits (1) + (2):         22.4
 
   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
 
                                                        FIRE
                Increase (Decrease) in UAL:             14.1 M
                Number of Payments:                     17
                Amortization Payment:                   1.5 M
 
   CENSUS DATA: The estimates presented herein are based  on  preliminary
 census  data  collected  as  of  June  30, 2024. The census data for the
 impacted population is summarized below.
 
                                                        FIRE
                Active Members
                - Number Count:                         5,572
                - Average Age:                          34.1
                - Average Service:                      6.2
                - Average Salary:                       118,600

   IMPACT ON MEMBER BENEFITS: Currently, Tier 3 FIRE members  who  retire
 with  at  least  20  years  of service are eligible to receive an annual
 benefit that is equal to 42% of Final Average Salary  (FAS),  increasing
 to a maximum benefit of 50% of FAS after 22 years of service.
   Under the proposed legislation, Tier 3 FIRE members who retire with at
 least 20 years of service would be eligible to receive an annual benefit
 that is equal to 50% of FAS.
   ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
 calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
 of the impacted retirement systems. In addition:
         * Retirement rates were adjusted to reflect the earlier payabil-
         ity  of  the  service  retirement  benefit  associated  with the
         proposed legislation.
         * New entrants were assumed to replace exiting members  so  that
         total payroll increases by 3% each year for impacted groups. New
         entrant demographics were developed based on data for recent new
         hires and actuarial judgement.
   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.
 S. 4727                             4
 
   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 2025-11 dated February
 11, 2025 was prepared by the Chief Actuary for the New York City Retire-
 ment Systems and Pension Funds and is intended for use only  during  the
 2025 Legislative Session.
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