New York Senate Bill S08121

New York 2025-2026 Regular Session

• Introduced: 5/15/25
• Refer: 5/15/25
• Engrossed: 6/13/25
• Refer: 6/13/25
• Engrossed: 6/16/25
• Enrolled: 12/8/25
• Vetoed: 12/19/25

Caption

Permits certain twenty-five year retirement program dispatcher members to file elections not to participate.

Summary

S08121 amends the New York retirement and social security law to give a limited group of New York City Employees’ Retirement System members in the Dispatcher 25-Year Retirement Plan a second chance to opt out of that plan. The bill applies to dispatcher members who were older than age 30 when hired, missed the original 180-day deadline to file an election not to participate, and allows them to submit that election within 180 days after the bill takes effect. The bill also requires the retirement system to post the opt-out form and instructions on its website and announce that posting within 30 days of the effective date. If the system does not do so on time, the opt-out window is extended by 60 days for each month, or part of a month, that the form and instructions remain unavailable. The act takes effect immediately.

Impact

The bill changes the rules governing participation in the Dispatcher 25-Year Retirement Plan under section 604-e of the retirement and social security law, creating a new temporary opt-out opportunity for affected Tier 4 and Tier 6 NYCERS members. It may also require refunds of excess additional member contributions, with interest, for members who successfully opt out, and it is expected to increase New York City employer pension contributions over time. The fiscal note estimates a modest but continuing cost to NYCERS and the City, with the entire employer contribution impact allocated to New York City.

Sentiment

The available voting history shows strong, unanimous support for the bill: it passed the Senate Rules Committee 20-0, the Senate floor 59-0, and the Assembly floor 144-0. No committee transcript is available, but the unanimous votes suggest broad agreement that the bill addresses a narrow fairness or administrative issue for a small group of pension members.

Contention

There is little visible contention in the record provided. The main policy issue is whether members who missed the original opt-out deadline should receive a second chance to leave the Dispatcher 25-Year Plan, which benefits affected employees but increases pension costs for the city. Any concern would likely center on the fiscal impact, administrative implementation, and whether reopening the election period creates precedent for other retirement-plan exceptions, but the unanimous votes indicate those concerns did not generate recorded opposition.