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NY State Legislature· S8207-2025Vetoed

Relates to age and service eligibility requirements for ordinary retirement for members of the unified court system, the official text

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S T A T E   O F   N E W   Y O R K
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                                   8207
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- (at request of the Unified Court System)
   -- 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
   eligibility for retirement benefits for certain members of the unified
   court system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 503 of the retirement  and  social
 security  law,  as amended by chapter 18 of the laws of 2012, is amended
 to read as follows:
   a. The normal service retirement benefit  specified  in  section  five
 hundred  four of this article shall be payable to general members, other
 than elective members, who have met  the  minimum  service  requirements
 upon  retirement  and  attainment of age sixty-two, provided, however, a
 general member who is a peace officer  employed  by  the  unified  court
 system  or  a member of a teachers' retirement system may retire without
 reduction of [his or her] SUCH MEMBER'S retirement benefit upon  attain-
 ment  of  at  least  fifty-five years of age and completion of thirty or
 more years of service. For members who become members of  the  New  York
 state  and  local  employees' retirement system on or after April first,
 two thousand twelve, the normal service retirement benefits specified in
 section five hundred four of this article shall be  payable  to  general
 members,  other  than elective members, who have met the minimum service
 requirements upon retirement and attainment of age sixty-three; PROVIDED
 THAT, A MEMBER WHO IS A PEACE OFFICER  EMPLOYED  BY  THE  UNIFIED  COURT
 SYSTEM  MAY RETIRE WITHOUT REDUCTION OF SUCH MEMBER'S RETIREMENT BENEFIT
 UPON ATTAINMENT OF AT LEAST FIFTY-FIVE YEARS OF AGE  AND  COMPLETION  OF
 THIRTY OR MORE YEARS OF SERVICE.
   §  2.  Subdivisions  a  and  a-1  of section 603 of the retirement and
 social security law, subdivision a as amended by section 3 of part EE of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07851-04-5
 S. 8207                             2
 
 chapter 55 of the laws of 2024 and subdivision a-1 as added  by  chapter
 18 of the laws of 2012, are amended to read as follows:
   a.  The  service  retirement  benefit specified in section six hundred
 four of this article shall be payable to members who have met the  mini-
 mum  service  requirements  upon retirement and attainment of age sixty-
 two, other than members who are eligible for  early  service  retirement
 pursuant to subdivision c of section six hundred four-b of this article,
 subdivision c of section six hundred four-c of this article, subdivision
 d  of  section  six  hundred  four-d  of  this article, subdivision c of
 section six hundred four-e of this article, subdivision c of section six
 hundred four-f of this article, subdivision c  of  section  six  hundred
 four-g  of  this article, subdivision c of section six hundred four-h of
 this article, subdivision c of section six hundred four-i of this  arti-
 cle,  or  subdivision  c  of section six hundred four-j of this article,
 provided, however, a member of a teachers' retirement system or the  New
 York  state  and local employees' retirement system who first joins such
 system before January first, two thousand ten  or  a  member  who  is  a
 uniformed  court  officer or peace officer employed by the unified court
 system [who first becomes a member of  the  New  York  state  and  local
 employees'  retirement  system  before April first, two thousand twelve]
 may retire without reduction of their retirement benefit upon attainment
 of at least fifty-five years of age and completion  of  thirty  or  more
 years  of  service, provided, however, that a uniformed court officer or
 peace officer employed by the unified court system who first  becomes  a
 member  of  the New York state and local employees' retirement system on
 or after January first, two thousand ten and retires  without  reduction
 of their retirement benefit upon attainment of at least fifty-five years
 of  age  and  completion  of thirty or more years of service pursuant to
 this section shall be required to make the member contributions required
 by subdivision f of section six hundred thirteen of this article for all
 years of credited and creditable service, provided  further  that  [the]
 preceding  provisions  of this subdivision shall not apply to a New York
 city revised plan member.
   a-1. For members who first become a  member  of  a  public  retirement
 system of the state on or after April first, two thousand twelve, EXCEPT
 FOR  UNIFORMED  COURT OFFICERS OR PEACE OFFICERS EMPLOYED BY THE UNIFIED
 COURT SYSTEM, the service retirement benefit specified  in  section  six
 hundred  four  of  this article shall be payable to members who have met
 the minimum service requirements upon retirement and have  attained  age
 sixty-three.
   §  3.  Subdivisions  a  and  b-1  of section 604 of the retirement and
 social security law, subdivision a as amended  and  subdivision  b-1  as
 added by chapter 18 of the laws of 2012, are amended to read as follows:
   a.  The  service  retirement  benefit  at  normal retirement age for a
 member with less than twenty years of credited  service,  or  less  than
 twenty-five  years  credited service for a member who joins the New York
 state teachers' retirement system on or after January first,  two  thou-
 sand ten, shall be a retirement allowance equal to one-sixtieth of final
 average  salary  times  years of credited service. Normal retirement age
 for members who first become members of a public  retirement  system  of
 the  state  on  or  after  April first, two thousand twelve shall be age
 sixty-three; EXCEPT THAT THE NORMAL RETIREMENT AGE  SHALL  BE  SIXTY-TWO
 FOR  A MEMBER WHO IS A PEACE OFFICER OR UNIFORMED COURT OFFICER EMPLOYED
 BY THE UNIFIED COURT SYSTEM.
   b-1. Notwithstanding any other provision of law to the  contrary,  the
 service  retirement  benefit  for  members  with twenty or more years of
 S. 8207                             3
 
 [credit] CREDITED service who first become a member of a public  retire-
 ment system of the state on or after April first, two thousand twelve at
 age  sixty-three,  OR  AT  AGE SIXTY-TWO FOR UNIFORMED COURT OFFICERS OR
 PEACE  OFFICERS EMPLOYED BY THE UNIFIED COURT SYSTEM, shall be a pension
 equal to the sum of thirty-five per centum  and  one-fiftieth  of  final
 average  salary for each year of service in excess of twenty times final
 average salary times years of credited service. In no  event  shall  any
 retirement  benefit  payable  without optional modification be less than
 the actuarially equivalent annuitized value  of  the  member's  contrib-
 utions  accumulated  with  interest at five percent per annum compounded
 annually to the date of retirement.
   § 4. Paragraph 3 of subdivision i of section 603 of the retirement and
 social security law, as added by chapter 18 of  the  laws  of  2012,  is
 amended to read as follows:
   3. A member of a public retirement system of the state who has met the
 minimum  service  requirement,  but  who  is not a New York city transit
 authority member, as defined  in  paragraph  one  of  subdivision  a  of
 section  six  hundred four-b of this article, may retire prior to normal
 retirement age, but no earlier than attainment  of  age  fifty-five,  in
 which event, the amount of [his or her] SUCH MEMBER'S retirement benefit
 computed  without optional modification shall be reduced by six and one-
 half per centum for each year by which  early  retirement  precedes  age
 sixty-three;  PROVIDED,  HOWEVER,  THAT  FOR A MEMBER WHO IS A UNIFORMED
 COURT OFFICER OR PEACE OFFICER EMPLOYED BY THE UNIFIED COURT SYSTEM, THE
 RETIREMENT BENEFIT  COMPUTED  WITHOUT  OPTIONAL  MODIFICATION  SHALL  BE
 REDUCED IN ACCORDANCE WITH PARAGRAPH ONE OF THIS SUBDIVISION.
   §  5. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall  be  subject  to  the  appropriation
 requirement of section 25 of the retirement and social security law.
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision a of section 603  of  the  retirement  and
 social security law made by section two of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire therewith.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow any Tier 6 member who is a uniformed court offi-
 cer  or  peace  officer  employed  by the Unified Court System to retire
 without an early age reduction at age 62 or upon attaining age  55  with
 30  years of creditable service. It would also reduce the normal retire-
 ment age from 63 to 62 and lessen the reductions in benefits  for  those
 who retire prior to normal retirement age.
   If this bill is enacted during the 2025 Legislative Session, we antic-
 ipate  that  there  will be an increase of approximately $2.8 million in
 the annual contributions of the State of New York for  the  fiscal  year
 ending  March 31, 2026. In future years this cost will vary as the bill-
 ing rates and salary of the affected members change but is  expected  to
 average 0.9% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $26.4 million which will
 be  borne  by the State of New York as a one-time payment. This estimate
 assumes that payment will be made on March 1, 2026.
   These estimated costs are based on 2,757 affected members employed  by
 the  State of New York, with annual salary of approximately $202 million
 as of March 31, 2024.
   Summary of relevant resources:
   Membership data as of March 31, 2024 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 S. 8207                             4

 al  valuation.  Distributions  and  other statistics can be found in the
 2024 Report of the Actuary and the 2024 Annual  Comprehensive  Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024  Annual Report to the Comptroller on Actuarial Assumptions, and the
 Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
 Control.  The  Market Assets and GASB Disclosures are found in the March
 31, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated May 20, 2025, and intended for  use  only  during
 the  2025  Legislative  Session,  is  Fiscal Note No. 2025-182. As Chief
 Actuary of the New York State and  Local  Retirement  System,  I,  Aaron
 Schottin Young, hereby certify that this analysis complies with applica-
 ble  Actuarial Standards of Practice as well as the Code of Professional
 Conduct and Qualification Standards for Actuaries Issuing Statements  of
 Actuarial  Opinion of the American Academy of Actuaries, of which I am a
 member.
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