New York Senate Bill S10436

New York 2025-2026 Regular Session

Caption

Provides an ordinary disability benefit for tier 3 enhanced plan members of the New York city fire department pension fund which is equivalent to the tier 2 benefit.

Summary

S10436 amends the Retirement and Social Security Law to change how ordinary disability retirement benefits are calculated for Tier 3 enhanced plan members of the New York City Fire Department Pension Fund. The bill makes the Tier 3 enhanced plan ordinary disability benefit more generous by tying it to the Tier 2-style formula described in the bill, rather than the current Tier 3 structure. It also expands who can qualify by removing the requirement that a member be ineligible for normal service retirement and by eliminating the five-year credited service condition for this disability benefit. The bill also broadens the definition of credited service for this purpose. In addition to service since joining the system, it allows certain prior public service that was purchased or transferred into the fire pension fund to count when calculating the ordinary disability retirement benefit. The act would take effect immediately and applies specifically to enhanced plan members in the New York City Fire Pension Fund.

Impact

The bill would amend section 506 of the Retirement and Social Security Law, changing both eligibility rules and benefit calculations for ordinary disability retirement in the New York City Fire Department Pension Fund. It would increase the minimum and formula-based disability pension available to covered members, and it would expand the service credit base used to compute that benefit by recognizing certain purchased or transferred prior public service. According to the fiscal note, the change would increase employer contributions, with the entire cost borne by New York City, and would create additional actuarial liabilities for the pension fund.

Sentiment

The available materials suggest a generally supportive policy direction toward improving disability protections for New York City firefighters in the enhanced plan. The bill caption frames the measure as aligning Tier 3 enhanced plan members with the Tier 2 benefit level, indicating a remedial or parity-based purpose rather than a controversial new program. No committee transcript or vote record is provided, so there is no direct evidence of formal opposition or debate in the supplied materials.

Contention

The main policy contention is fiscal: the bill would increase pension costs and employer contributions, with the fiscal note projecting rising annual costs and a higher unfunded accrued liability. Another point of potential concern is the expansion of eligibility, because the bill removes both the five-year service threshold and the requirement that a member be ineligible for normal service retirement, which could broaden access to disability retirement benefits. Supporters would likely emphasize fairness and parity for firefighters, while critics would likely focus on the added long-term cost to New York City and the pension system.