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S T A T E O F N E W Y O R K
________________________________________________________________________
6932
2025-2026 Regular Sessions
I N A S S E M B L Y
March 18, 2025
___________
Introduced by M. of A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
BLANKENBUSH, DiPIETRO, FRIEND, HAWLEY, TAGUE -- read once and referred
to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
establishing a defined contribution program for which elected offi-
cials are deemed mandatory members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The retirement and social security law is amended by
2 adding a new article 22-A to read as follows:
3 ARTICLE 22-A
4 DEFINED CONTRIBUTION PROGRAM
5 SECTION 1250. DEFINITIONS.
6 1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED.
7 1252. RATES OF CONTRIBUTION.
8 1253. ENROLLMENT.
9 1254. DEATH BENEFIT.
10 1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED.
11 § 1250. DEFINITIONS. WHEREVER USED IN THIS ARTICLE THE FOLLOWING TERMS
12 SHALL HAVE THE FOLLOWING MEANINGS:
13 A. THE TERM "PUBLIC RETIREMENT SYSTEM OF THE STATE" SHALL MEAN THE NEW
14 YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE
15 TEACHERS' RETIREMENT SYSTEM, THE NEW YORK STATE AND LOCAL POLICE AND
16 FIRE RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM,
17 THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY BOARD
18 OF EDUCATION RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND,
19 AND THE NEW YORK CITY FIRE PENSION FUND.
20 B. THE TERMS "OPTIONAL MEMBER" AND "OPTIONAL MEMBERS" MEAN THOSE
21 EMPLOYEES WHO ARE MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE STATE WHO
22 FIRST BECAME MEMBERS OF SUCH SYSTEMS ON OR AFTER APRIL FIRST, TWO THOU-
23 SAND TWENTY-SIX AND MAKE AN ELECTION TO JOIN THE DEFINED CONTRIBUTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08996-02-5
A. 6932 2
1 PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE PURSUANT TO THE PROVISIONS
2 OF SECTION TWELVE HUNDRED FIFTY-THREE OF THIS ARTICLE.
3 C. THE TERMS "MANDATORY MEMBER" AND "MANDATORY MEMBERS" MEAN THOSE
4 ELECTED OFFICIALS WHO ARE MEMBERS OF A PUBLIC RETIREMENT SYSTEM OF THE
5 STATE WHO FIRST BECAME MEMBERS OF SUCH SYSTEMS ON OR AFTER APRIL FIRST,
6 TWO THOUSAND TWENTY-SIX PURSUANT TO THE PROVISIONS OF SECTION TWELVE
7 HUNDRED FIFTY-THREE OF THIS ARTICLE.
8 D. THE TERMS "PROGRAM PARTICIPANT" AND "PROGRAM PARTICIPANTS" MEAN
9 THOSE EMPLOYEES ELECTING TO PARTICIPATE IN THE DEFINED CONTRIBUTION
10 PROGRAM.
11 E. THE TERM "DEFINED CONTRIBUTION PROGRAM" MEANS THE RETIREMENT
12 PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
13 F. THE TERM "WAGES" SHALL MEAN REGULAR COMPENSATION EARNED BY AND PAID
14 TO A MEMBER BY A PUBLIC EMPLOYER, EXCEPT THAT THE FOLLOWING ITEMS SHALL
15 NOT BE INCLUDED IN THE DEFINITION OF WAGES: (I) OVERTIME COMPENSATION
16 PAID UNDER ANY LAW OR POLICY UNDER WHICH EMPLOYEES ARE PAID AT A RATE
17 GREATER THAN THEIR STANDARD RATE FOR ADDITIONAL HOURS BEYOND THAT
18 REQUIRED, INCLUDING SECTION ONE HUNDRED THIRTY-FOUR OF THE CIVIL SERVICE
19 LAW AND SECTION NINETY OF THE GENERAL MUNICIPAL LAW, (II) WAGES IN
20 EXCESS OF THE ANNUAL SALARY PAID TO THE GOVERNOR PURSUANT TO SECTION
21 THREE OF ARTICLE FOUR OF THE STATE CONSTITUTION, (III) LUMP SUM PAYMENTS
22 FOR DEFERRED COMPENSATION, SICK LEAVE, ACCUMULATED VACATION OR OTHER
23 CREDITS FOR TIME NOT WORKED, (IV) ANY FORM OF TERMINATION PAY, AND (V)
24 ANY ADDITIONAL COMPENSATION PAID IN ANTICIPATION OF RETIREMENT.
25 § 1251. DEFINED CONTRIBUTION PROGRAMS ESTABLISHED. THERE IS HEREBY
26 ESTABLISHED A DEFINED CONTRIBUTION PROGRAM WITHIN EACH PUBLIC RETIREMENT
27 SYSTEM OF THE STATE WHICH SHALL PROVIDE FOR RETIREMENT BENEFITS FOR OR
28 ON BEHALF OF PROGRAM PARTICIPANTS. UNDER SUCH PROGRAM THE STATE, THE
29 CITY OF NEW YORK AND OTHER PARTICIPATING EMPLOYERS AND SUCH EMPLOYEES
30 SHALL CONTRIBUTE, TO THE EXTENT AUTHORIZED OR REQUIRED, TO SUCH DEFINED
31 CONTRIBUTION ACCOUNTS. THE PROGRAMS SHALL BE ADMINISTERED BY THE RETIRE-
32 MENT SYSTEM IN WHICH THE PROGRAM PARTICIPANT IS A MEMBER. EACH PUBLIC
33 RETIREMENT SYSTEM OF THE STATE IS AUTHORIZED TO PROMULGATE ALL SUCH
34 RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED TO IMPLEMENT THE
35 DEFINED CONTRIBUTION PROGRAMS ESTABLISHED PURSUANT TO THIS ARTICLE,
36 INCLUDING SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO COMPLY WITH
37 THE APPLICABLE PROVISIONS OF TITLE TWENTY-SIX OF THE UNITED STATES CODE
38 RELATING TO DEFINED CONTRIBUTION PLANS AND THEIR QUALIFICATION AND OPER-
39 ATION AND ALL SUCH RULES AND REGULATIONS AS MAY BE NECESSARY OR REQUIRED
40 REGARDING THE COLLECTION OF EMPLOYER AND MEMBER CONTRIBUTIONS, INVEST-
41 MENT OF CONTRIBUTIONS, WITHDRAWALS AND DISTRIBUTION OF MEMBER ACCOUNTS,
42 NOMINATION OF BENEFICIARIES, THE ASSESSMENT AND COLLECTION FROM EMPLOY-
43 ERS OF COSTS AND EXPENSES INCURRED IN THE ESTABLISHMENT AND OPERATION OF
44 THE PLAN, AND ALL OTHER MATTERS PERTAINING THERETO. EACH PUBLIC RETIRE-
45 MENT SYSTEM OF THE STATE IS AUTHORIZED TO ENTER INTO SUCH AGREEMENTS
46 WITH QUALIFIED PROVIDERS AS MAY BE NECESSARY OR DESIRABLE FOR THE
47 INVESTMENT OF MEMBER ACCOUNTS AND THE GENERAL ADMINISTRATION OF THE
48 PLAN.
49 § 1252. RATES OF CONTRIBUTION. A. 1. THE EMPLOYER SHALL MAKE A
50 CONTRIBUTION EQUAL TO FOUR PERCENT OF EACH PROGRAM PARTICIPANT'S WAGES.
51 SUCH CONTRIBUTIONS SHALL BE KNOWN AS "BASIC EMPLOYER CONTRIBUTIONS".
52 2. THE EMPLOYER SHALL CONTRIBUTE AN AMOUNT EQUAL TO THE CONTRIBUTION
53 MADE BY EACH PROGRAM PARTICIPANT, PROVIDED HOWEVER, THAT SUCH ADDITIONAL
54 CONTRIBUTIONS SHALL NOT EXCEED THREE PERCENT OF EACH PROGRAM PARTIC-
55 IPANT'S WAGES. SUCH CONTRIBUTIONS SHALL BE KNOWN AS "MATCHING EMPLOYER
56 CONTRIBUTIONS".
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1 B. IN THE CASE OF ANY PROGRAM PARTICIPANTS, EMPLOYEES SHALL BE ALLOWED
2 TO CONTRIBUTE AN AMOUNT UP TO THE MAXIMUM ALLOWABLE AMOUNT, INCLUSIVE OF
3 BASIC AND MATCHING EMPLOYER CONTRIBUTIONS, PERMITTED BY FEDERAL LAW IN
4 26 U.S.C. 401 ET SEQ. AND THE RULES AND REGULATIONS OF THE UNITED STATES
5 DEPARTMENT OF THE TREASURY PROMULGATED THEREUNDER.
6 C. NO CONTRIBUTIONS PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE
7 MADE BY THE EMPLOYER UNTIL THE PROGRAM PARTICIPANT COMPLETES ONE YEAR OF
8 SERVICE AND CONTINUES IN SERVICE THEREAFTER. AT THE END OF A PROGRAM
9 PARTICIPANT'S INITIAL YEAR OF SERVICE, A SINGLE CONTRIBUTION IN AN
10 AMOUNT DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, WITH INTER-
11 EST AT THE RATE OF FOUR PER CENTUM PER ANNUM, SHALL BE MADE BY THE
12 EMPLOYER, ON BEHALF OF SUCH PROGRAM PARTICIPANT CONTINUED IN SERVICE.
13 § 1253. ENROLLMENT. A. EMPLOYEES WHO FIRST BECOME MEMBERS OF A PUBLIC
14 RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO THOUSAND
15 TWENTY-SIX, WITHIN THIRTY DAYS OF THEIR ENTRY INTO SERVICE, SHALL HAVE
16 THE ABILITY TO ELECT THE DEFINED CONTRIBUTION PROGRAM ESTABLISHED PURSU-
17 ANT TO THIS ARTICLE. SUCH ELECTION SHALL BE IN WRITING, SHALL BE DULY
18 EXECUTED AND FILED WITH THE RETIREMENT SYSTEM OF WHICH THEY ARE A MEMBER
19 AND SHALL BE IRREVOCABLE AS LONG AS SUCH PERSON IS A MEMBER OF A PUBLIC
20 RETIREMENT SYSTEM OF THE STATE. ALL ELIGIBLE EMPLOYEES WHO ELECT THE
21 DEFINED CONTRIBUTION PROGRAM SHALL NOT ACCRUE CREDITED SERVICE FOR ANY
22 PURPOSE UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLICABLE
23 LAW.
24 B. ALL PROGRAM PARTICIPANTS ENROLLED IN THE DEFINED CONTRIBUTION
25 PROGRAM SHALL NOT ACCRUE CREDITED SERVICE TO BE USED FOR ANY PURPOSE
26 UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLICABLE LAW.
27 C. ANY ELECTED OFFICIAL OR ELECTED OFFICIALS WHO FIRST BECOME MEMBERS
28 OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER APRIL FIRST, TWO
29 THOUSAND TWENTY-SIX, SHALL BE A MANDATORY MEMBER OR MANDATORY MEMBERS,
30 REQUIRED TO PARTICIPATE IN THE DEFINED CONTRIBUTION PROGRAM ESTABLISHED
31 PURSUANT TO THIS ARTICLE. FOR ALL SUCH ELECTED OFFICIALS THE DEFINED
32 CONTRIBUTION PROGRAM SHALL NOT ACCRUE CREDITED SERVICE FOR ANY PURPOSE
33 UNDER ANY OTHER ARTICLE OF THIS CHAPTER OR ANY OTHER APPLICABLE LAW.
34 § 1254. DEATH BENEFIT. A. PROGRAM PARTICIPANTS SHALL RECEIVE THE
35 FOLLOWING FINANCIAL PROTECTION IN THE EVENT OF DEATH IN SERVICE: A BENE-
36 FIT UPON THE DEATH OF A MEMBER IN SERVICE EQUAL TO THE MEMBER'S SALARY
37 UPON THEIR COMPLETION OF ONE YEAR OF SERVICE, TWO YEARS' SALARY UPON
38 COMPLETION OF TWO YEARS OF SERVICE, AND THREE YEARS' SALARY UPON
39 COMPLETION OF THREE YEARS OF SERVICE.
40 B. FOR THE PURPOSES OF THIS SECTION:
41 1. THE DEATH BENEFIT PAYABLE SHALL BE IN LIEU OF THE PAYMENT OF THE
42 BASIC EMPLOYER CONTRIBUTIONS AND MATCHING EMPLOYER CONTRIBUTIONS MADE
43 PURSUANT TO THIS ARTICLE, BUT SHALL NOT BE LESS THAN THE VALUE OF SUCH
44 CONTRIBUTIONS AND
45 2. THE VALUE OF THE EMPLOYEE CONTRIBUTIONS SHALL BE PAYABLE IN ADDI-
46 TION TO THE DEATH BENEFIT PAYABLE PURSUANT TO THIS SECTION.
47 § 1255. INCONSISTENT PROVISIONS OF OTHER ACTS SUPERSEDED. INSOFAR AS
48 THE PROVISIONS OF THIS ARTICLE ARE INCONSISTENT WITH THE PROVISIONS OF
49 ANY OTHER ACT, GENERAL OR SPECIAL, THE PROVISIONS OF THIS ARTICLE SHALL
50 BE CONTROLLING.
51 § 2. This act shall take effect April 1, 2026.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide new members who first join public retirement
systems in New York State on or after April 1, 2026 the option of
defined contribution plan membership in lieu of defined benefit plan
membership. Defined contribution plan membership would be mandatory for
A. 6932 4
elected officials. Pursuant to Chapter 18 of the Laws of 2012, non-union
employees hired on or after July 1, 2013 whose salary is at least
$75,000 currently have the option to participate in a defined contrib-
ution plan.
Insofar as this bill affects the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System, the significant design features of the new defined
contribution plan (the plan) include the following: (1) mandatory
employer contributions of 4 percent of wages, with additional matching
contributions up to 3 percent of wages, subject to limitations in feder-
al law, (2) a benefit payable upon death equal to the accumulated value
of all member contributions plus either the accumulated value of all
employer contributions, or up to three times salary, whichever is great-
er, (3) no benefit payable upon disability, (4) irrevocable membership.
The long-term expected annual employer contribution rate for all
members who choose the plan would be approximately 7.7 percent of
payroll.
The administrative expense to NYSLRS to establish the plan is current-
ly estimated at $5 to $10 million. This does not include the cost to
participating employers related to the modification of the state payroll
system, currently estimated at $1 million. In addition, members will
incur management and investment expenses for their plan accounts esti-
mated to average 0.5 percent of the account balance annually.
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-
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 March 7, 2025, and intended for use only during
the 2025 Legislative Session, is Fiscal Note No. 2025-85. As Chief Actu-
ary of the New York State and Local Retirement System, I, Aaron Schottin
Young, hereby certify that this analysis complies with applicable Actu-
arial Standards of Practice as well as the Code of Professional Conduct
and Qualification Standards for Actuaries Issuing Statements of Actuari-
al Opinion of the American Academy of Actuaries, of which I am a member.