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Last updated 6/15/2023
About Chapter 56 of the Laws of 2022
The 2022 New York State Budget Bill was signed into law by Governor Hochul on April 9, 2022. Within Chapter 56 of this bill, three parts (Part HH, Part SS and Part TT) amend NYS Retirement and Social Security Law (RSSL), and impact certain NYCERS members and retirees.
Part HH – Income Limitations (All Tiers)
Amends the Retirement and Social Security Law (RSSL) to waive §211 & 212 income limitations on retirees as a result of earnings from employment in public schools in the state. Chapter 55 of the Laws of 2023 (Budget Bill: Part V) pushes the date that Part HH expires and is deemed repealed 1 year to June 30, 2024.Effective: April 9, 2022
Expires: June 30, 2024
Here are five things you should know about Part HH
- It only applies to retirees who return to employment with either a NYC or NYS public school.
- A retiree employed by a public school should file a Certificate of Employment Form #353 to notify NYCERS of their return to service.
- When instructed to do so, you can file Form #353 online – simply log in to your secure MyNYCERS account, visit the “Message Center” and look for “Tasks” to complete the form online.
- NYCERS will require supporting documents to waive income limitations for retirees under 65.
- Part HH expires on June 30, 2024. After that date, retirees who return to work in a public school will be subject to income limitations.
Part SS – Pension Contribution Rate (Tier 6)
Amends the RSSL to exclude pensionable earnings above the annual base wages of Tier 6 members, such as overtime payments, for purposes of calculating Basic Member Contribution (BMC) rates for a limited period.Effective: April 1, 2022
Expires: December 31, 2024
Part TT – Vesting Rights (Tier 6)
Amends the RSSL to lower the minimum number of years required for Tier 6 members to vest for service retirement from 10 years to 5 years of credited service.Effective: April 9, 2022
- When I log in to my MyNYCERS account, I still see my plan listed as 63/10. How do I update it?
NYCERS is currently updating our systems, website, and all Tier 6 materials to reflect the new Chapter 56 law. Your MyNYCERS account will be automatically updated.
- What if I plan to retire soon, will the update or the outdated information impact my retirement application?
No. NYCERS will process your retirement application under the 63/5 Plan. Remember, you can file for retirement easily and efficiently by logging in to your MyNYCERS account.
- Can Tier 6 members still request a refund of their member contributions if they leave City service and have five or more years but less than 10 years as a NYCERS member? If yes, is there a cutoff date to do so?
Yes. Tier 6 members who leave City service with less than 10 years of NYCERS membership may file for a refund of member contributions by filing the Application for Refund of Member’s Accumulated Salary Deductions, Form #331. Form #331 can also be submitted online by logging in to MyNYCERS and selecting “Refund” from the left navigation menu; Members with five years but less than 10 years of NYCERS membership are required to include the Waiver of Right to a Vested Retirement, Form #341, to waive their right to a future vested benefit.
Mail the waiver to NYCERS at 30-30 47th Avenue, 10th Fl. Long Island City, NY 11101.
- Will a Tier 6 member’s pension vest automatically? If so, is there a date by when it will happen?
Yes, if a Tier 6 member has at least five years of Credited Service, their pension will vest automatically as of April 9, 2022. However, NYCERS encourages members who have left City service to file a Notice of Intention to File for a Tier 3, Tier 4, Tier 6 or 22-Year Plan Vested Retirement Benefit, Form #254, so that the most current contact information is in our system.
- If Tier 6 members with at least five years of service leave their contributions with NYCERS, will they collect a vested retirement benefit at age 63?
Yes, a Tier 6 member who has five or more years of Credited Service, at least two years of which are Membership Service, is entitled to receive a Vested Retirement Benefit at age 63.
- Does Chapter 56 affect health insurance eligibility?
No. NYCERS does not administer health benefits. Please check OLR’s website at https://www1.nyc.gov/site/olr/index.page.
- Does Chapter 56 affect disability retirement eligibility (currently 10 years or more Credited Service)?
- Does Chapter 56 affect death benefits for members who die prior to retirement with less than 10 years of service?
- Are basic Tier 6 members required to make contributions after five years and, if yes, do contributions cease at the 10th year?
There are no changes to the current contribution schedule for members enrolled in the basic Tier 6 Plan as a result of Chapter 56.