Pension Flexibility: New York
Pensions Policy
Analysis of New York's policies
New York only offers a defined benefit pension plan to its teachers as their mandatory pension plan. This plan is not fully portable and does not vest until year 10. It also limits flexibility by restricting the ability to purchase years of service and denying vested teachers the ability to withdraw their account balance when they leave the system rather than receiving monthly benefits at retirement age.
Teachers in New York also participate in Social Security, so they must contribute to the state's defined benefit plan in addition to Social Security. Although retirement savings in addition to Social Security are good and necessary for most individuals, the state's policy results in mandated contributions to two inflexible plans, rather than permitting teachers options for their state-provided savings plans.
Vesting in a defined benefit plan guarantees a teacher's eligibility to receive lifetime monthly benefit payments at retirement age. Non-vested teachers do not have a right to later retirement benefits; they may only withdraw the portion of their funds allowed by the plan. New York teachers who enter the pension system on or after April 1, 2012 (Tier 6 members), vest at 10 years of service, which is very late and limits the options of many teachers who leave the system prior to this point. Teachers who entered prior to this date vest at five years.
Many teachers in New York will leave the system before they reach 10 years of service. According to a recent report, only 40 percent of employees in New York's teacher-covered pension plan vest, meaning that 60 percent of teachers do not become eligible for a pension and, therefore, can only collect their refundable contributions. Non-vested teachers who choose to withdraw their contributions upon leaving only receive their own contributions plus 5 percent interest. Teachers who remain in the field of education but enter another pension plan (such as in another state) will find it difficult to purchase the time equivalent to their prior employment in the new system because they are not entitled to any employer contribution. In addition, except under very specific circumstances, vested teachers may not withdraw their account balances at all when they leave the system; they must wait until retirement age and receive their monthly defined benefit pension payments. This severely limits the flexibility and portability of this pension plan for teachers who need to leave the system after vesting but before retirement age. Teachers who leave the system and enter a new public retirement system can withdraw their accounts and receive retirement credit in their new system once they have accrued five years of service in the new system.
New York further limits teachers' flexibility by denying teachers the ability to purchase years of service. The ability to purchase time is important because defined benefit plans' retirement eligibility and benefit payments are often tied to the number of years a teacher has worked. New York's plan does not allow teachers to purchase service for previous teaching in another state or for approved leaves of absence. This provision severely disadvantages teachers who move to New York with teaching experience and those that need to take a leave for paternity or maternity care, or for other personal reasons.
Recommendations for New York
Offer teachers a pension plan that is fully portable, flexible and fair.
New York should offer teachers for their mandatory pension plan the option of either a defined contribution plan or a fully portable defined benefit plan, such as a cash balance plan. A well-structured defined benefit plan could be a suitable option among multiple plans. As the sole option, however, defined benefit plans severely disadvantage mobile teachers and those who enter the profession later in life. Because teachers in New York participate in Social Security, they are required to contribute to two defined benefit-style plans.
Increase the portability of its defined benefit plan.
If New York maintains its defined benefit plan, it should allow all teachers that leave the system to withdraw their employee contributions plus interest and matching employer contributions. The state should also allow teachers to purchase their full amount of previous teaching experience, at least one year per approved leave of absence, and decrease the vesting requirement to year three. A lack of portability is a disincentive to an increasingly mobile teaching force.
Offer a fully portable supplemental retirement savings plan.
If New York maintains its defined benefit plan, the state should at least offer teachers the option of a fully portable supplemental defined contribution savings plan, with employers matching a percentage of teachers' contributions.
State response to our analysis
New York was helpful in providing information that enhanced this analysis. New York also noted that "as stated in prior response letters, NYSTRS is not in agreement with several of the NCTQ goals."
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New York
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Pensions
Research rationale
Nearly all states continue to provide teachers with a defined benefit pension system, an expensive and inflexible model that neither reflects the realities of the modern workforce nor provides equitable benefits to all teachers. To achieve the maximum benefits from such a plan, a teacher must begin and end his or her career in the same pension system. Teachers who leave before vesting—which is as much as 10 years in some states—are generally entitled to nothing more than their own contributions plus some interest. This approach may well serve as a retention strategy for some, but on a larger scale it fails to reflect the realities of the current workforce. At present, the United States is experiencing an explosion in school-age populations in some states, while other states are experiencing a decline. The nation's workforce needs to be able to respond to these changes. The current workforce is increasingly mobile, with most entering the workforce expecting to change jobs many times. All workers, including teachers, may move to jobs in other states with no intention of changing careers. To younger teachers in particular, a defined benefit plan may seem like a meaningless part of the compensation package and thus fail to attract young talent to the profession. A pension plan that cannot move across state lines and that requires a long-term commitment may not seem like much of a benefit at all.
There are alternatives. Defined contribution plans are fair to all teachers at all points in their careers. These plans are more equitable because each teacher's benefits are funded by his or her own contributions plus contributions from the employer specifically on the individual employee's behalf. This is fundamentally more equitable than defined benefit plans, which are generally structured to require new teachers to fund the benefits of retirees. Moreover, defined contribution plans are inherently portable and give employees flexibility and control over their retirement savings. It must also be noted that defined benefit plans can be portable and fair, if structured as cash balance plans or plans that permit the withdrawal of employer contributions.
Pension Flexibility: Supporting Research
NCTQ's analysis of the financial sustainability of state pension system is based on actuarial benchmarks promulgated by government and private accounting standards boards. For more information see U.S. Government Accountability Office, 2007, 30 and Government Accounting Standards Board Statement No. 25.