BILL NUMBER: S5809D
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the retirement and social security law, the education
law and the administrative code of the city of New York, in relation to
providing cost-of-living adjustments
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends Chapter 125 of the Laws of 2000, a chapter which
provides public employee retirees with permanent partial cost-of-living
increases in New York State. This bill provides a desirable amendment to
Chapter 125 to protect public retirees from continued erosion of their
retirement income from inflation. While Chapter 125 began the effort to
address pension erosion, this bill seeks to partially close that gap.
 
SUMMARY OF PROVISIONS:
Effective September 1, 2025, the following changes to section 78-a and
378-a of the Retirement and Social Security Law, Section 532-a of the
Education Law, and Section 13-696 of the Administrative Code of the City
of New York as added by Chapter 125 of the Laws of 2000 are proposed.
Subdivision g of the above sections of law presently limits the amount
of COLA a surviving spouse of a deceased public retiree can receive.
COLA is limited to spouses who are entitled to a survivor's benefit
under an option selected by the retiree. Surviving spouses can only
receive 50% of the COLA benefit which the deceased retiree received.
This bill increases COLA payable to eligible surviving spouses the full
amount of the monthly COLA benefits the deceased retiree received.
 
JUSTIFICATION:
The limitation on this modest benefit imposed by the present subdivision
g places a burden on eligible surviving spouses at the most vulnerable
time of their lives. It further erodes retiree benefits at a time of
ever-increasing medical costs, including medication, copays, and premi-
ums impacting retirees and their families.
Members of the Retired Public Employees Association, the Retired Teach-
ers Association and the Alliance of Public Retiree Associations of New
York believe this bill will help assure our oldest public retirees
achieve a dignified and secure retirement, allowing them to continue to
contribute more effectively to the long-term health of our economy.
 
PRIOR LEGISLATIVE HISTORY:
2023: S5809B - Referred to Civil Service & Pensions
2022: S5631C - Referred to Civil Service & Pensions
2021: S5631B - Referred to Civil Service & Pensions
2020: S5901E - Referred to Civil Service & Pensions
2019: S5901C - Referred to Civil Service & Pensions
2018: 6048C - Referred to Civil Service & Pensions
2017: 6048 - Referred to Civil Service & Pensions
 
FISCAL IMPLICATIONS:
See bill
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5809: 78-a retirement and social security law, 78-a(g) retirement and social security law, 532-a education law, 532-a(g) education law
S5809A: 78-a retirement and social security law, 78-a(g) retirement and social security law, 532-a education law, 532-a(g) education law
S5809B: 78-a retirement and social security law, 78-a(g) retirement and social security law, 532-a education law, 532-a(g) education law
S5809C: 78-a retirement and social security law, 78-a(g) retirement and social security law, 532-a education law, 532-a(g) education law
S5809D: 78-a retirement and social security law, 78-a(g) retirement and social security law, 532-a education law, 532-a(g) education law