New York Public Personnel Law

Sep 9, 2026

New York State's State and Local Employees' Retirement System announces employer contributions rates for State Fiscal Year 2027-2028

In a press release issued on September 8, 2026, New York State Comptroller Thomas P. DiNapoli reported "the employer contribution rates for the New York State and Local Retirement System (NYSLRS) for State Fiscal Year (SFY) 2027-28. Employers’ average contribution rates will decrease from 17.6% to 17.3% of payroll for the Employees’ Retirement System [ERS] and increase from 36.5% to 37.4% of payroll for the Police and Fire Retirement System [PFRS]."

In the press release, the State Comptroller reported:

NYSLRS is made up of these two systems, which pay service and disability retirement benefits to state and local public employees and death benefits to their survivors. There are more than 3,000 participating employers in ERS and PFRS, and more than 300 different retirement plan combinations. In the SFY that ended March 31, 2026, NYSLRS paid more than $17.5 billion in benefits. ERS has about 1.2 million members with 493,000 retirees and beneficiaries receiving benefits and PFRS has 79,000 members with 42,000 retirees and beneficiaries currently receiving benefits.*

The Governor' press release notes:

“Our state pension fund and retirement system continue to be among the strongest in the nation, even as we navigate the challenges of damaging federal policy changes, market volatility and global conflict,” DiNapoli said. “These rates, coupled with our disciplined, long-term investment strategy and prudent management, will help ensure public workers and their families receive the retirement benefits they have earned.

"Employer rates for NYSLRS are determined based on investment performance and actuarial assumptions recommended by NYSLRS’ actuary, who is required to review the actuarial assumptions and experience and to issue an annual report. The recommendations are reviewed by the independent Actuarial Advisory Committee and approved by the Comptroller. In addition to investment performance, other factors that impact rates include higher salaries, plan options selected by employers, recent legislative reforms to Tiers 5 and 6 and member retirement rates.

The press release also noted: "In 2012, DiNapoli began providing employers with access to a two-year projection of their annual pension bills. Employers can use this projection in the preparation of their budgets. Projections of required contributions vary by employer depending on factors such as the types of retirement benefit plans adopted, salaries paid, and the distribution of employees among the six membership tiers."

The press release continues, indicating:

"Payments based on the new rates are due by Feb. 1, 2028, but employers receive a discount if payment is made by Dec. 15, 2027.

"The New York State Common Retirement Fund’s long-term assumed rate of return will remain at 5.9%. DiNapoli has been a leader in the trend of public pension funds lowering their assumed rates of return to better enable New York to weather volatile markets. The median investment return assumption for public pension funds was 7% in July 2026, according to the National Association of State Retirement Administrators."

DiNapoli also announced that NYSLRS had a funded ratio of 96.8% as of March 31, 2026. NYSLRS is consistently one of the nation’s best funded retirement systems. "A high funding ratio means NYSLRS has funds available to pay retirement benefits to about 1.3 million members, consisting of over 750,000 current and former state and local government employees and more than 535,000 retirees and their beneficiaries."

The fund’s estimated value was $309.7 billion as of June 30, 2026.

* Nota Bene: The State University of New York's Optional Retirement Program is not part of NYSLRS.

Report

Annual Report to the Comptroller on Actuarial Assumptions

Fiduciary and Conflict of Interest Review

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Sep 8, 2026

Election of remedies

Plaintiff, a parent of children attending the School District's schools, appealed a determination of the School District's Board of Education [Respondent] with the Commissioner of Education after being informed "that he would be banned from all district property and that any emails sent to district staff would be blocked through June 30, 2026".

Plaintiff argued that the Respondent’s limitations on his access to school property was arbitrary and capricious because his conduct was neither disruptive nor abusive and violated his First Amendment and due process rights.

Respondent contended that Plaintiff had violated its code of conduct and that its "temporary restrictions were necessary given [Plaintiff's] aggressive and inappropriate conduct".

Commissioner of Education Rosa, decided that Plaintiff's appeal to the Commissioner must be dismissed in consideration of the doctrine of election of remedies, noting that Plaintiff had filed a law suit in Supreme Court on March 10, 2026 against the Respondent concerning the same issues and seeking similar relief.

Noting that the action in Supreme Court "remains pending," the Commissioner said that "Under these circumstances, it would be contrary to the orderly administration of justice for the Commissioner to decide claims that [Petitioner] has elected to raise in court, particularly where that proceeding seeks the same or similar relief".

Click HERE to access the Commissioner's decision posted on the Internet.

Sep 5, 2026

Selected items posted on the Internet during the week ending September 4, 2026

The Q3 2026 issue of Governing Magazine is out now. This edition spotlights Governing’s 2026 Public Officials of the Year. Honorees are tackling government’s toughest challenges with pragmatic leadership, fresh ideas and a focus on delivering results that improve people’s lives. Read More.

Governing in the Age of Agentic AI This Governing guide gives elected, legislative and executive leaders a practical framework for navigating this next phase of AI. Drawing on real-world examples from states and cities, it explores how policymakers can encourage responsible experimentation, modernize governance and funding models, prepare the public workforce, strengthen transparency and build safeguards that keep pace with rapidly evolving technology. DOWNLOAD

Govern AI Before It Governs You Practical templates, scorecards, and worksheets to help your agency govern AI. Download the Free Kit

Local government leadership is a public activity, from campaigning to showing up when constituents need help or attention. But according to a new survey from Princeton’s Bridging Divides Initiative, many local leaders feel less comfortable being in public. Read More

Safer Communities, Lower Costs: What Government Leaders Need to Know About AI Dash Cams This paper explores how agencies are using AI to reduce crashes, lower liability and insurance costs, protect employees from false claims, and uncover operational efficiencies that deliver a rapid return on investment. DOWNLOAD

Colorado, New Mexico and Washington are expanding protections for wetlands and streams as federal oversight retreats, offering potential models for other states. Read More

How Much AI Is Already in Your Agency? See how CapMetro uncovered AI usage and built governance on real organizational data. Discover Their Approach

Creating Strategic Partnerships in State and Local Government Download this paper to explore how strategic partnerships can help agencies optimize technology investments, improve service delivery and prepare for what's next. DOWNLOAD

How Reno Transformed Boards and Commissions to Build an Award-Winning Governance Model Learn how Reno centralized governance workflows, reduced administrative burden, improved compliance and delivers a more accessible experience for residents — all without increasing costs. READ NOW

How High-Performance Computing Meets Compliance Innovation and compliance don't have to compete. Learn how public sector organizations can securely power AI, advanced analytics and high-performance computing while meeting evolving regulatory requirements. Download the paper for practical guidance on building secure, future-ready computing environments. DOWNLOAD

Think Like a Fraudster, Adapt Like an Expert Identity fraud is a significant and growing threat to the integrity and mission of government services. The key to countering today's threats and future risks is to understand what motivates fraudsters. This handbook explains key varieties of identity fraud and the fundamentals of effective identity verification. Most importantly, it gives government leaders insights into the fraudster's mindset so they can create strategies to proactively prevent fraud and adapt to evolving tactics. DOWNLOAD

How the City of Newport News Is Raising the Bar for Open Government Facing a surge in public records requests, Newport News centralized FOIA management to improve transparency, streamline compliance and strengthen public access to government information. READ NOW

Achieve Governance and Speed Without Compromise Outdated systems and disconnected workflows slow progress and limit accountability. Discover how intelligent work management gives government leaders the visibility, control and automation needed to accelerate projects without sacrificing governance. Download the paper the full paper to learn more. DOWNLOAD

NYPPL will observe Labor Day on Monday, Sept. 7, 2026.

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.