Tag Archives: ERS

Overtime Pay Temporarily Excluded From Tier 6 Contribution Rates

New legislation temporarily changes how Tier 6 contribution rates will be calculated.

Usually, Tier 6 contribution rates are calculated using a member’s base pay, which includes regular earnings, holiday pay and longevity pay. Overtime pay (up to a certain limit) is also included in the calculation of the contribution rate.

The new legislation removes overtime pay from the Tier 6 contribution rate calculation, if it was earned from April 1, 2020 through March 31, 2022. The earnings for this time period were used to determine contribution rates that you were set to pay from April 1, 2022 through March 31, 2024.

Removing overtime earnings may result in a change in a Tier 6 member’s contribution rates effective April 1, 2022 through March 31, 2024. Although Tier 6 contribution percentage rates for those years will be calculated only on annual base wages, Tier 6 members must pay the applicable contribution rate on all of their pensionable earnings in those years. This video helps explain how your contribution rate is determined.

Note: Tier 6 members are those who joined NYSLRS on or after April 1, 2012.

Overtime Pay Temporarily Excluded From Tier 6 Contribution Rates

When Will Rates be Recalculated?

We will work with employers to review your past earnings to determine whether your rate should be lowered.

Tier 6 is now the largest tier in NYSLRS. With more than 325,000 Tier 6 members, it will take some time to collect detailed earnings information from employers and change rates. Once information for all Tier 6 members is received and processed, if your rate should be lower, you will receive a credit of overpaid contributions through your employer that will be retroactive to April 1, 2022.

Who is Affected by the Rate Change?

Tier 6 members who make mandatory contributions toward their retirement and earned overtime from April 1, 2020 through March 31, 2022 may have their contribution rates lowered.

The rate decrease will not apply to:

  • Members who are already paying the minimum rate of 3 percent;
  • Members who did not earn overtime during the COVID pandemic; and
  • Members who joined NYSLRS on or after April 1, 2020. Your rates are based on an estimated wage provided by your employer when you were enrolled into NYSLRS rather than your actual earnings.

More About Tier 6 Contribution Rates

Most NYSLRS members contribute a percentage of their earnings to help fund pension benefits. For Tier 6 members, that percentage, or contribution rate, is based on earnings and can vary from year to year. The minimum rate is 3 percent and the maximum rate is 6 percent.

For more information about how Tier 6 contribution rates are calculated, read our blog post, How Your Tier 6 Contribution Rate Can Change.

Becoming Vested

Becoming vested is a crucial milestone in your NYSLRS membership.

You become vested after you earn enough years of service credit. Once you’re vested, you have earned the right to receive a retirement benefit, even if you leave public employment before retirement.

New Legislation Changes Vesting Requirements for Tier 5 and 6 Members

As of April 9, 2022, Tier 5 and 6 members only need five years of service credit to be vested. This affects members of both the Employees’ Retirement System (ERS) and the Police and Fire Retirement System (PFRS). Previously, Tier 5 and 6 members needed 10 years of service to be eligible for a service retirement benefit (the new legislation does not change eligibility for disability retirement benefits that are established by your retirement plan).

Becoming Vested - New Legislation Changes Requirements for Tier 5 and 6 Members

You can sign in to your Retirement Online account to view your total estimated service credit. Over the next few months, we will update members’ accounts to reflect any changes to vesting status as a result of these new vesting requirements. If your total estimated service credit in Retirement Online is more than five years, rest assured, you are considered vested and your vesting status will be changed to “Yes.” This will be done by NYSLRS and there is no need to contact us.

In addition, we are working to update the pension estimate tool in Retirement Online. Until vesting status updates are made to the tool, pension estimates produced in Retirement Online will not accurately reflect the vesting status of members impacted by the new legislation.

Effective immediately, if you are a Tier 5 or 6 member with five or more years of service and you meet the minimum age requirements for your retirement plan, you can apply for a service retirement benefit if you wish. We are updating our online services to enable Tier 5 and 6 members to apply for retirement through Retirement Online. In the meantime, you may file for retirement using our paper application. If you have between five and 10 years of service credit and you have questions about filing for retirement, please contact us.

This legislation did not change Tier 5 or 6 benefit rules such as how long you must contribute, your pension benefit calculation, your full retirement age, reductions to retire early or the cost to purchase previous service. However, additional new legislation may affect contribution rates for some Tier 6 members. Information about this legislation will be posted on our blog when it becomes available.

Tier 5 and 6 members who left public employment with five or more years of service and did not withdraw their membership are now considered to be vested.

Tier 5 and 6 members who leave public employment with more than five years of service but less than 10 years, as of April 9, 2022, now have the option to either apply for a retirement benefit once you reach retirement age or withdraw your contributions. You cannot withdraw your contributions once you have 10 years of service. As a reminder, once you withdraw your contributions, you end your membership with NYSLRS and are no longer eligible for a retirement benefit.

If you were a Tier 5 or 6 member and have been off the payroll for more than seven years prior to April 9, 2022, your membership is considered withdrawn and terminated. You would need to return to payroll and reinstate your withdrawn membership in order to be eligible for five-year vesting.

All Members — When Will I Be Vested?

NYSLRS members in Tier 2, 3, 4, 5 and 6 need five years of service credit to be vested.

If you work part-time, it will take you longer to become vested. For example, if you work half-time, you earn six months of credit toward vesting for each year on the job.

If you purchase credit for previous service or military service, that credit can be used toward vesting.

What You Need to Do

Vesting is automatic. You do not need to file any paperwork to become vested. To find out if you’re vested, you can sign in to your Retirement Online account and find your total estimated service credit in the ‘My Account Summary’ section. Again, if your total estimated service credit in Retirement Online is listed as more than five years, you are considered vested.

Vested members will need to apply for a service retirement benefit in order to receive a pension. Applications must be submitted within 15 – 90 days before the date you wish to retire (you must be eligible to retire on the date you choose).

Most NYSLRS members are eligible to collect a pension as early as age 55, but, depending on your tier and retirement plan, benefits may be reduced if you retire before your full retirement age.

You can estimate your pension benefit based on the salary and service information we have on file for you. From your Retirement Online account, under ‘My Account Summary’ click “Estimate my Pension Benefit.”

Know Your Benefits: Death Benefits

If you die while still on the job, your beneficiary may be eligible to receive a death benefit. Here is an overview of member death benefits.  

(If you are retired, visit our Death Benefit page for retirees to learn about available benefits.)

Know your death benefits

Types of Death Benefits

Most members who die while they’re still working will leave their beneficiaries what’s called an ordinary death benefit. The benefit is a lump sum payment usually equal to one year of your earnings per year of service, up to a maximum of three years, but the calculation of the death benefit can be different if you’re in a special retirement plan. Please visit our Death Benefits page to see which calculation applies to you. Generally, to qualify for the ordinary benefit, you must have at least one year of service credit and your death must occur while you are on the public payroll. Check your retirement plan booklet for other qualifying circumstances.

Some members who die because of an on-the-job accident (not due to their own willful negligence) may leave their beneficiary an accidental death benefit. If paid to a surviving spouse or dependent parent, the benefit is a lifetime pension. For Employees’ Retirement System (ERS) Tier 4, 5 and 6 members, the benefit is 50 percent of your earnings from your last year of service. For a majority of other members, the benefit is 50 percent of your final average earnings (less any workers’ compensation benefit). There is no minimum service credit requirement to qualify for the accidental benefit.

Death benefits vary by tier and retirement plan, so check your retirement plan for specific benefit and eligibility information and contact us if you have questions.

Reporting a Death

NYSLRS cannot pay out any death benefits until after we are notified of a member’s death and have a certified copy of the member’s death certificate. That’s why it’s so important to talk with your family now about your benefits and how to report your death to NYSLRS. Survivors can report a member’s death using our online form.

Update Your Beneficiaries

In most cases (unless beneficiaries are determined by law, as in the case of accidental death benefits), your death benefit will be paid to the last beneficiaries you designated, so it’s important to be sure yours are up to date. Your beneficiaries are listed in your Retirement Online account and on your Member Annual Statement. You can update your beneficiary information using Retirement Online.

Retirement Planning: Questions to Ask Yourself

retirement planning - things to think aboutAfter months or years of retirement planning, you’re probably looking forward to the day when you apply for your NYSLRS pension. But before you retire, there are a few questions you should ask yourself. After all, by filing for retirement, you’re making critical decisions about your financial future. And once you’ve retired, some of those decisions will be irrevocable. Whether your planned retirement date is just around the corner or a few years off, asking these questions now could help you avoid costly mistakes.

Do I have all the service credit I think I have?

Under some retirement plans, service milestones (20 years, 30 years, reaching full retirement age) can have a big impact on the amount of your benefit. If you’re aiming for one of these milestones, but retire just short of reaching it, your pension will be less than you might be expecting. To make sure you have enough service credit on your planned retirement date, sign in to Retirement Online to check the most up-to-date estimate of your total service credit.

Do I have previous service credit I want to purchase?

You may be able to buy credit for previous public employment or military service, which in most cases would increase your pension.  

If you are planning to purchase service credit, including military service, you should do that as soon as possible, especially since you can’t purchase service credit after you retire. You can apply for additional credit in Retirement Online or by submitting a Request to Purchase Service Credit form (RS5042). You may also wish to read our publication Service Credit for Tier 2 Through 6.

Do I have a balance on a NYSLRS loan?

If you have an outstanding balance on a NYSLRS loan, you should pay it off before you retire. If you retire with an outstanding loan, your pension will be permanently reduced.

While Employees’ Retirement System members may repay their loan after retiring, they must pay back the full amount of the outstanding balance that was due at retirement in one lump-sum payment. Once the loan has been repaid, their pension benefit will be increased from that point going forward, but it will not be adjusted retroactively back to their date of retirement.

You can use your Retirement Online account to check your loan balance, make a lump-sum payment or increase your payment amount. For more information, visit our Loans page.

Retirement Planning Resources

The more you know about retirement and the retirement process, the better off you’ll be. Here are some resources that can help with your retirement planning:

How Full-Time and Part-Time Service Credit Works

Service credit plays a vital part in your pension calculation and your eligibility for other NYSLRS benefits. As a NYSLRS member, you earn service credit by working for an employer who participates in the Retirement System. Your paid public employment is creditable. You would not, however, earn credit for any period when you are not receiving a salary, such as an unpaid leave of absence. You would earn credit for both full-time and part-time employment, but if you work part-time, the service you earn is pro-rated.

Earning Service Credit When You Work Full Time

When you work on a full-time, continuous basis throughout your career, we’ll calculate your total service credit from your date of employment up until the date you leave paid employment. Most full-time workers earn a year of service credit for working 260 workdays a year. For a full-time, 12-month employee, 260 workdays equal a full year. (If you work in an educational setting, you can read about earning service credit in our blog post, How School Employees Earn NYSLRS Service Credit.)

Earning Service Credit When You Work Part Time

Your service credit is prorated if you work part time. Part-time employment is credited as the lesser of:

the number of days worked ÷ 260 days

or

your reported annual salary ÷ (the State’s hourly minimum wage × 2,000)

You can think of it like this: let’s say you work 130 days in a year. If a year’s worth of service credit is earned for working 260 days full time, you’d earn half a year (0.5) of service credit for your part-time work.

How Part-Time Service Credit Works

Check Your Service Credit in Retirement Online

Retirement Online is the fastest way to check your current total estimated service credit. Once you sign in, go to the ‘My Account Summary’ section of your Account Homepage and look under “Account Information.”

You can also use Retirement Online to request credit for public employment from before you joined NYSLRS. If you’re eligible to purchase previous service credit, it’s a good idea to file your request as early in your career as possible because:

  • Records we need to verify your service will be more readily available.
  • If there is a cost, it will be less expensive than if you wait to purchase credit before retirement.
  • Your retirement benefit will be processed more quickly if your service credit request has been reviewed or processed prior to retirement.

For more information, please read our publication Service Credit for Tiers 2 through 6. You may also wish to refer to your specific retirement plan booklet, available on our Publications page.

Overtime Limits for Tier 5 and 6 Members

The formula used to calculate a NYSLRS pension varies by tier and plan, but your credited service and final average earnings (FAE) are the main factors. You earn service credit for paid service with participating employers, and you also may purchase credit for previous public employment. Your FAE is the average wage you earned during the period when your earnings were highest (36 consecutive months for Tier 5 and 60 consecutive months for Tier 6).

Your FAE can include overtime pay you earn during that period, but for Tier 5 and 6 members there are limits to how much overtime can be used to calculate your pension.

You can still earn overtime pay beyond the limit — it just won’t be used in your FAE. Members also aren’t required to make contributions on overtime pay that is above the limit.

Overtime Limits for Tier 5 and 6 Members

Tier 5 Overtime Limits

The overtime limit for Tier 5 Employees’ Retirement System (ERS) members increases each calendar year by 3 percent. In 2022, the limit for Tier 5 ERS members is $21,386.41.

For Tier 5 Police and Fire Retirement System (PFRS) members, the overtime limit is 15 percent of your regular earnings each calendar year.

Tier 6 Overtime Limits

The overtime limit for Tier 6 ERS members increases each calendar year based on the annual increase of the Consumer Price Index (CPI). In 2022, the limit for Tier 6 ERS members is $18,233.

For Tier 6 PFRS members, the overtime limit is 15 percent of your regular earnings each calendar year.

Learn More

Find more information about the overtime limit, FAE and retirement calculations in your retirement plan booklet, available on our Publications page.

Ten Things Every NYSLRS Retiree Should Know

Even after you retire, it’s important to stay informed about your NYSLRS benefits. Here are ten things every NYSLRS retiree should know.

NYSLRS retiree
  1. Your retirement benefits are guaranteed by the State Constitution. Under Article 5, Section 7, your pension benefit cannot be “diminished or impaired.”
  2. The Common Retirement Fund, the pool of money your retirement benefits are paid from, is safe and secure. It has been widely recognized as one of the best-funded and best-managed public pension funds in the nation.
  3. Your NYSLRS pension is not subject to New York State or local income taxes, but it may be subject to federal income tax. Visit our Taxes and Your Pension page for more information.
  4. If you move to another state, your pension may be subject to that state’s income tax. Find out which states tax NYSLRS pensions.
  5. More than 95 percent of NYSLRS retirees use direct deposit for their monthly payment and their payments promptly arrive in their accounts on the last business day of each month. You can find out when your next pension payment is coming by checking our online pension payment calendar.
  6. You can stay informed about your benefits with Retirement Online. Creating an account is easy, and in many cases, you can use Retirement Online instead of sending in forms or calling NYSLRS.
  7. If you need proof of your retirement income to rent an apartment or get a mortgage, you can generate a pension verification letter in Retirement Online.
  8. Once you become eligible for a cost-of-living adjustment (COLA), you will receive annual increases in your pension amount. When your net benefit amount changes, NYSLRS will inform you.
  9. Your beneficiaries may be entitled to a death benefit after you die.
  10. A Guide for Retirees is a handy resource on our website. It provides important information about your benefits and the services NYSLRS provides for its retirees.

Not retired yet? Read our blog post Ten Things Every NYSLRS Member Should Know.

Popular Blog Posts You May Have Missed

In 2021, NYSLRS members showed a keen interest in posts that helped them learn more about their retirement benefits. In case you missed them, or just want to take another look, here are some of our most popular blog posts from the past year.

most popular blog posts of 2021
 
  1. Tier 6 Benefits – A Closer Look
    Nearly half of all NYSLRS members belong to the Employees’ Retirement System (ERS) Tier 6. Here is a look at how their pensions will be calculated.

  2. Retirement Online Makes Applying for Retirement Fast, Easy
    Many members have discovered the convenience of filing for a service retirement benefit online. You won’t need to have anything notarized and you can skip a trip to the post office.

  3. Tier 3 & 4 Members: When Is The Right Time To Retire?
    Many Tier 3 and 4 members are close to retirement. But their pension amount will depend on several factors, including when they retire. Here is some information to help you get the timing right.

  4. The Police and Fire Retirement System
    The Police and Fire Retirement System (PFRS) is the smaller of the two NYSLRS retirement systems. The vast majority of PFRS members are in special retirement plans that allow for retirement after 20 or 25 years of service.

  5. What is a Defined Benefit Plan?
    As a NYSLRS member, you are part of a defined benefit plan. But what does that mean and how will it affect your retirement?

Thank you for following New York Retirement News. We look forward to providing you with more information about your NYSLRS benefits and other retirement topics throughout 2022.

Ten Things Every NYSLRS Member Should Know

There’s a lot to know about being a NYSLRS member, and sometimes it can feel overwhelming learning about your retirement benefits when you join or when you’re getting ready to retire. That’s why we’d like to focus on ten things that are important to all our members.

NYSLRS member
  1. Your retirement benefits are guaranteed by the State Constitution. Under Article 5, Section 7, your pension cannot be “diminished or impaired.”
  2. You are part of a defined benefit pension plan. A defined benefit plan provides a lifetime benefit at retirement based on earnings and years of service.
  3. The Pension Fund, the pool of money your retirement benefits will be paid from, is safe and secure. It has been widely recognized as one of the best-funded and best-managed public pension funds in the nation.
  4. Your retirement plan booklet contains a wealth of information about your benefits.
  5. Your tier determines your eligibility for benefits and how those benefits are calculated.
  6. Becoming vested is a key milestone in every NYSLRS member’s career. Once you’re vested, you’ll be eligible for a pension even if you leave public employment before retirement age.
  7. Your final average earnings (FAE) is a major factor in calculating your NYSLRS pension, rather than being dependent on the contributions you make toward retirement.
  8. You can estimate your pension online. Most members can use Retirement Online to create a benefit estimate based on information we have on file for them. (And if you can’t use this calculator, we have alternatives for you.)
  9. You can stay informed about your benefits with Retirement Online. Creating an account is easy, and in many cases, you can use Retirement Online instead of sending in forms or calling NYSLRS.
  10. Retirement savings can supplement your pension and Social Security and give you more flexibility in retirement. The sooner you start, the more time you have to grow your savings.

Already retired? Read our blog post, Ten Things Every NYSLRS Retiree Should Know.

Give Your Retirement Savings a Boost

If you’re already building your retirement savings, you already understand how those savings, along with Social Security, work together with your pension to help provide financial stability in retirement. Financial advisors call this the “three-legged stool.”

But why not take it a step further and give your retirement savings a boost? Even a small increase could make a big difference over time, while having minimal impact on your take-home pay.

How much of a difference would it make? You can check it out yourself using this online calculator and your own salary and savings information. Calculate the impact of your current savings, then try the same calculation with an additional 1 percent of your earnings. For example, if you’re saving 5 percent of your pay, see what saving 6 percent would do by the time you expect to retire.

retirement savings

Impact on Your Paycheck

Fortunately, adding a small amount to your retirement savings won’t have a substantial impact on your paycheck. For example, if you’re making $60,000 a year, 1 percent is only $600. That’s just $50 a month or, if you are paid every other week, about $23 per payday.

The impact on your take-home pay would be even less if you save in a tax-deferred plan because you won’t have to pay income tax on those earnings until after you retire. The New York State Deferred Compensation Plan’s paycheck impact calculator can help you estimate how increased savings would affect your paycheck. (You don’t have to have a Deferred Compensation account to use their calculator. The New York State Deferred Compensation Plan is not affiliated with NYSLRS.)

When to Increase Retirement Savings?

The sooner you boost your savings, the better off you’ll be. But if you’re not ready to increase your savings right now, then try this: Schedule your increase to coincide with your next raise. That way, you may not even miss the money.