Wednesday, October 14, 2020

Buyout Bill Introduced

 If you've been following the speculation here or here or here from both me and my very knowledgeable commentators, you'll know that an Early Retirement Incentive is on the horizon. I gave a brief history of ERIs here and carefully followed the terms of those past buyouts to try to gauge how this buyout would look. 

Well it's here. The Assembly version of the bill is here. And James' Eterno's piece at ICEUFT Blog is here.  James' read of the bill is:


Here are the parts of the summary Senate Bill S9041 that I think most of you would be interested in:

A member is eligible to participate in Part A of the ERI Program if he or she:

   * Is otherwise eligible for service retirement;

   * Is at least age 50 with 10 or more years of service and is not in  a plan which permits retirement at half-pay with 25 or fewer years of service without regard to age 

MPACT ON BENEFITS: Part A would provide one-twelfth of a year of additional retirement service credit for each year of pension service, up to a maximum of three years of additional retirement service credit.

Part B would allow members to retire with an unreduced benefit if they are at least age 55 with 25 or more years of service.

I welcome someone who is more versed at these matters than me to simplify it for us.


And that's actually a very good read! While I'm still going through the bill myself, it seems clear that this is a fairly complex bill. Far more complex than the ERI bills of the 1990s I wrote about a few months back. Here's what I have read so far:

Who?

a.  "Retirement  system"  means the New York city teachers' retirement system, the New York city board of education retirement  system  or  the New  York city employees' retirement system, exclusive of the retirement plans established pursuant to sections 13-156 and 13-157 of the administrative code of the city of New York.

So that's pretty much everybody. Anyone who is in a retirement system (13-156 and 13-157 is the now defunct Public Housing Police and Transit Police). If there is one I don't see, let me know in comments. 


Age?

 a person who is at
    18  least  age fifty with ten or more years service as of the effective date
    19  of retirement (other than a member of a retirement plan  which  provides
    20  for  half-pay  pension  upon  completion  of  twenty-five  years or less
    21  service without regard to age); or a member of a retirement  plan  which
    22  provides  for  half-pay  pension upon completion of twenty-five years of
    23  service without regard to age who has not accrued, excluding  additional
    24  credit  granted  pursuant  to  this  act, the minimum number of years of
    25  service required to retire with an allowance equal to fifty  percent  of
    26  final average salary under such plan, but has, with the inclusion of the
    27  additional  credit provided under this act, accrued such number of years
    28  of credit.

Just like the 90s, it looks like a 50-10. But unlike the deal in the 1990s, there is also an offer for teachers who are 55 years old and 25 years of service. 

Conditions?

Oh yeah. And that's gonna leave a mark:

(other than a member of a retirement plan  which  provides
    20  for  half-pay  pension  upon  completion  of  twenty-five  years or less
    21  service without regard to age)

It almost looks here like they are excluding people who were signed up for 55-25. That can't be right and I'm sure there's some other provision deeper within the bill.  

The "buy" part of the buyout?

Just like during the recession of the 1990s, they are offering one extra month of service credit for each year you worked. Have you worked for 19 years? Then they are offering you 19 months of service credit. Here's the language:

one-twelfth  of  a  year  of
        additional  retirement  service credit for each year of pension service,
        up to a maximum of three years of additional retirement service  credit.

25 comments:

  1. This is interesting. I hope they do include those that are 50 and over as I just turned 50 with 24 years of service. The 2 years bonus will put me at 26. I am sure there are quite a few in the same boat. Then again there are 2 other bills that have stalled so we'll see!!

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  2. So are they excluding teachers who bought in to 55/25 that seems like a cluster f**k

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  3. So are they excluding teachers who bought in to 55/25 that seems like a cluster f**k

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  4. The two question are:

    will there be a penalty if you have 29 years (unless the added months will count to push the teacher over 30), but under the age of 55

    can you collect if you are under 55 but over 50

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  5. Very confusing. So, lets say a teacher turns 50 this summer and has 21 years of service. Does that mean that person gets to start collecting a pension at the end of the summer at 40% of the FAS?

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    1. Depends. Are you in the 55/25 plan. If so you will get hit with a penalty of 5% for each year you are under 55. From what I have been told. You could check with Nycers, TRS or BERS. Goodluck!

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  6. Do you know if it is for all NY state workers.? I am wondering as I am registered Nurse with the state and in NY Retirement system.

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  7. Is this for ny city teachers and not ny state employees,

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  8. My hopes far outweigh my expectations on this. If it goes through next July, as hoped, then I'm done with the DOE and NYC.

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  9. Here's my situation. I'm currently 54 years old with 28 years of service. I will be 55 in June of 2021. I'm in 62/5-tier 4. Is the credit incentive for service years only..how would it work if I'm six months short of the age? And would I qualify under Part B if I'm understanding correctly?

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  10. Here's my situation. I'm currently 54 years old with 28 years of service. I will be 55 in June of 2021. I'm in 62/5-tier 4. Is the credit incentive for service years only..how would it work if I'm six months short of the age? And would I qualify under Part B if I'm understanding correctly?

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  11. Here's my situation. I'm currently 54 years old with 28 years of service. I will be 55 in June of 2021. I'm in 62/5-tier 4. Is the credit incentive for service years only..how would it work if I'm six months short of the age? And would I qualify under Part B if I'm understanding correctly?

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    1. I believe you will qualify but will mist likely get hit with a penalty if you get the bonus. If you don't get the bonus, no penalty. Again this seems to be the jist from the above details. We will know more when the legislature approves it in January .

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  12. I am 54 with 34 years...what is my story? I will have 55/35 in 2022. Payroll Secretary here :-)

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  13. Hi all!
    Just an update. I hope this goes to your inoboxes.
    The bill everyon eis talking about right now is Sen. Gounardes' bill. That bill calls for 25/55 for everyone who is in a pension plan (that's us) and for any other state workers who are not in a pension plan, it's 50/10.
    So the final bill is not 50/10 It's 55/25. Here's a link to the bil

    https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S04170&term=2021&Summary=Y&Text=Y

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    1. As for S9041, I'm reading it as still applying for those 50 years of age with 10 or more years:

      Notwithstanding any other provision of law, any eligible employee serving in an eligible title who:
      a. has been continuously in the active service of the city of New York prior to the commencement date of the applicable open period;
      b. files an application for service retirement that is effective during the open period; and
      c. is otherwise eligible for a service retirement as of the effective date of the application for retirement shall be entitled to the retirement incentive provided in section six of this act. If not otherwise eligible for a service retirement, the following person shall be deemed to satisfy the eligibility condition of this section: a person who is at least age fifty with ten or more years service as of the effective date of retirement (other than a member of a retirement plan which provides for half-pay pension upon completion of twenty-five years or less service without regard to age); or a member of a retirement plan which provides for half-pay pension upon completion of twenty-five years of service without regard to age who has not accrued, excluding additional credit granted pursuant to this act, the minimum number of years of service required to retire with an allowance equal to fifty percent of final average salary under such plan, but has, with the inclusion of the additional credit provided under this act, accrued such number of years of credit.

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  14. S2722 looks very similar: https://www.nysenate.gov/legislation/bills/2021/S2722

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  15. As does S014170:
    5. Notwithstanding any other provision of law, any eligible employee serving in an eligible title who:
    a. has been continuously in the active service of the city of New York prior to the commencement date of the applicable open period;
    b. files an application for service retirement that is effective during the open period; and
    c. is otherwise eligible for a service retirement as of the effective date of the application for retirement shall be entitled to the retirement incentive provided in section six of this act. If not otherwise eligible for a service retirement, the following person shall be deemed to satisfy the eligibility condition of this section: a person who is at least age fifty with ten or more years service as of the effective date of retirement (other than a member of a retirement plan which provides
    for half-pay pension upon completion of twenty-five years or less service without regard to age); or a member of a retirement plan which provides for half-pay pension upon completion of twenty-five years of service without regard to age who has not accrued, excluding additional credit granted pursuant to this act, the minimum number of years of service required to retire with an allowance equal to fifty percent of final average salary under such plan, but has, with the inclusion of the additional credit provided under this act, accrued such number of years of credit.

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  16. Me again. Reading the fine print, it looks like those under age 55% would take a penalty to their pension. For those with 30 or more year (25 or more if they bought into 25/55) the pension would be reduced by 5% per year for each year under age 55.
    So, as a 50-year old, my pension of 61.5% would get reduced by 25% to a measly 36.5%. Needless to say, I'm not going anywhere any time soon.

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  17. With the buyout is there also money offered Eg. 30000 cash incentive for. Employees?

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  18. Are teacher “years” calculated using the 10 month academic calendar or 12 month yearly calendar? I ask because of the proposed early retirement incentive will allegedly offer teachers 1 month for every year worked. So, with 18 years, I would receive 18 months additional time towards a pension. But if I use the 12 months yearly schedule, I fall short by 2 months. The 10 month academic calendar, I’m fine. Any insight would be appreciated.

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  19. Here is an article that says Mayor is not too welcoming to approve the ERI. Hope it works out for all. http://iceuftblog.blogspot.com/2021/04/mayor-reluctant-on-early-retirement.html?m=1

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  20. The wait maybe coming to an end. There are rumors that UFT gave up remote accommodation for next school year in September in return for ERI approval for all titles. Cheers!

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  21. Wonder if that's true?

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  22. It's over until the next time folks. Under new management and when the Federal billions run out. Deficits and Layoffs looming, it may happen again. That time for sure. Until then, stay healthy. Peace.

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