Friday, May 22, 2026

The May 12, 2026 NYCERS Trustees Meeting - Admin Budget for FY-2027 - the Phantom Legacy Replacement Project

FY-2027 NYCERS Administrative Budget

At the May 12, 2026 NYCERS Board meeting, the trustees adopted the administrative budget for FY-2027 without any discussion.

After the adoption of the budget, there was a short comment made by the Comptroller's representative about line item "903".

For the general public that is the non-payroll budget component for "Technology - Modernization and Implementation". That is where the costs for the Legacy Replacement Project (LRP) are buried.

The comment was that the trustees should keep any eye on the costs to see that they go down over time.

Reference to "903" is a clear sign of the new found avoidance of mentioning the LRP problems in public session of the Board meeting.

Executive Session

Earlier in the meeting and prior to entering executive seesion to deal with disability cases, the executive director asked to have the admin budget added to the items to be discussed in executive session. The trustees agreed.

There is question, however, whetehr the budget is a legal item for discussion in executive session. See reference below to the Open Meetings Law.

We can conclude, however, that in the executive session there were discussions about the budget and the LRP issues based on the comment made by the Comptrollers"s representative in open session.

As of today there is no official public notice of the LRP problems, its causes, corrective plan and revised costs for the LRP project. We have a previous mention of an alleged September 2030 completion date or new budgeted costs.

There is also so action on how to correct the previous failures or to prevent them in the future.

NYS Open Meetings Law

OPEN MEETINGS LAW

_______________________________________________________________________________________________

PUBLIC OFFICERS LAW, ARTICLE 7

§100. Legislative declaration.
§101. Short title.
§102. Definitions.
§103. Open meetings and executive sessions.
§ 103-a. Videoconferencing by public bodies [Expires and deemed repealed July 1, 2026].
§104. Public notice.
§105. Conduct of executive sessions.
§106. Minutes.
§107. Enforcement.
§108. Exemptions.
§109. Committee on open government.
§110. Construction with other laws.
§111. Severability.

§105. Conduct of executive sessions.

1. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, a public body may conduct an executive session for the below enumerated purposes only, provided, however, that no action by formal vote shall be taken to appropriate public moneys:

  • a. matters which will imperil the public safety if disclosed;
  • b. any matter which may disclose the identity of a law enforcement agent or informer;
  • c. information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
  • d. discussions regarding proposed, pending or current litigation;
  • e. collective negotiations pursuant to article fourteen of the civil service law;
  • f. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
  • g. the preparation, grading or administration of examinations; and
  • h. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.

2. Attendance at an executive session shall be permitted to any member of the public body and any other persons authorized by the public body

Another Interesting AI Question on the Legacy Replacement Project

In addressing the Legacy Replacement failure the AI system reponded to the following question

Question:

Accountability for past failures

Answer:

For past failures, accountability should mean a formal review of decisions, missed warnings, and budget overruns, followed by documented consequences if leadership ignored risks or misrepresented progress. In a project like NYCERS’s legacy replacement effort, that should include named responsibility for schedule slips, failed oversight, weak vendor control, and any avoidable cost growth.

What accountability should cover

Current and former managers should be held to account for:

  • Approving unrealistic timelines or scope.
  • Failing to surface legacy dependencies early.
  • Allowing repeated delays without corrective action.
  • Not reporting the true budget impact to trustees or oversight bodies.

Accountability is not just about blame; it is about showing who made which decisions, what they knew, and when they knew it. If management had enough information to see the project was in trouble and still did not act, that is a governance failure, not just a technical one.

What a credible review looks like

A serious review should reconstruct the project timeline, compare promised milestones to actual delivery, and identify where oversight broke down. It should also examine whether internal leadership relied too heavily on the vendor or allowed the program to drift without independent challenge.

If the review finds that warnings were ignored, management should not simply remain in place without consequences. Consequences can range from mandatory corrective plans and performance conditions to reassignment or removal from the project, depending on the severity of the failures.

Budget consequences

Past failure accountability should also include financial responsibility in the sense of disclosure and control, not personal reimbursement. That means reporting the full cost of delays, duplicated support, rework, and contract changes, and then reducing those losses going forward.

The key question is whether management can demonstrate that the same errors will not be repeated. If they cannot, then the case for stronger board intervention becomes much stronger.

AI - NYCERS Trustees - Legacy Replacement Project

Genearl AI querires are now available to everyone. Let's see what answer the AI system (Perplexity) gives to the following question.

Question:

Do you think the trustees are covering up problems with the legacy replacement project?

Answer:

I cannot conclude that the trustees are definitely covering up problems—there is no public evidence of an intentional cover-up—but there are strong transparency red flags that make it reasonable to question whether the Board is being fully open about the Legacy Replacement Project's severity.

What the public record shows

Observation - Why it raises concern

  1. Payments to Accenture stopped in FY 2025 ($0 paid after $17.9M in FY 2024)
    - NYCERS' official FY 2025 report does not mention the stoppage at all, even though Accenture holds the LRP contract.

  2. April 2026 re-baseline promise not publicly delivered
    - NYCERS said an updated schedule and re-baseline plan would be presented to trustees by April 2026, but LRP was removed from the March and April Board agendas with no public explanation.

  3. Project removed from recent Board agendas
    - Up through February 2026, the Executive Director reported on LRP at monthly meetings; in March and April 2026, the problem was "dropped from the board meeting agenda with no mention."

  4. Trustees made no public comment on these omissions
    - The blog post explicitly notes: "The trustees have made no comment on the new omissions."

  5. Official language is unusually upbeat
    - The FY 2025 report says "the project continues to advance" despite the payment stoppage, missing re-baseline deadline, and external descriptions of the project as a "fiasco" and "disaster."

The blog author explicitly concludes: "I can only assume that the trustees are covering up this disaster." That is a strong claim, but it stems from the pattern above: serious problems, missing disclosures, and silence from the Board.

Alternative (less alarming) explanations

There are plausible non-cover-up explanations that would still be poorly communicated:

  • Ongoing contract negotiations or dispute – Management may be working with Accenture (or legal counsel) on a pause, renegotiation, or termination and prefers not to disclose details until terms are finalized.
  • Internal re-baseline still in progress – The re-baseline plan may not be Board-ready by April, but management failed to communicate the delay.
  • Agenda prioritization – The Board may have removed LRP temporarily due to other priorities, but again failed to explain this publicly.

Even if none of these are cover-ups, the result is the same: trustees are not providing adequate transparency about a high-risk, high-cost project.

Balanced assessment

  • Evidence of intentional cover-up?
    Not publicly available. No audit findings, whistleblower reports, or official investigations have concluded that trustees deliberately concealed information. The Comptroller's recent audit letter on NYCERS did not identify LRP as a fraud/waste issue, though it focused on OTPS expenditures and travel approval.
  • Evidence of poor transparency and possible downplaying?
    Yes. The combination of zero Accenture payments in FY 2025, the missed April 2026 re-baseline deadline, removal from Board agendas, and no public trustee comment is consistent with either a cover-up or at least a serious failure of oversight communication.

What would change this assessment

Transparency would improve significantly if:

  • The Board publicly explains why LRP was removed from the March and April agendas and why no re-baseline was presented in April 2026.
  • NYCERS discloses the current contractual status with Accenture and the reason for $0 payments in FY 2025.
  • Trustees hold a public, dedicated session on LRP with a realistic schedule, cost estimate (including the ~$43M in secondary costs), and governance plan.

Bottom line

I do not think we can definitively say the trustees are covering up problems without more evidence of intentional concealment.
However, the current handling of the Legacy Replacement Project is consistent with a pattern of insufficient transparency and possible downplaying of a serious crisis, and it is entirely reasonable for members of the public, retirees, and auditors to ask whether the Board is avoiding scrutiny of a failing $84M+ IT project.

Saturday, May 2, 2026

Cost Structure of the Medicare Program - Who Pays for What

Please look at the actual numbers below for the 2024 Medicare program. They come from the Trustees Report issued last June (2025). Pepole wring their hands about the cost of Medicare but never have a grip on the actual numbers. It is one the great probelms in our society that most people have opinions without supporting data.

The Medicare numbers are big. The actual retirees getting the benefits, however, have paid a big part of the costs when they were workers and continuw to pay a big part of the costs as retirees.

The Income Flow of Medicare for 2024

Medicare Part A benefits (hospital costs) are primarily paid for from

  1. Medicare payroll taxes paid by workers and their employers
  2. income tax that retirees pay for the income from their Social Security benefits
  3. interest from investemnts
  4. premiuims from voluntary participants
Note: Medicare payroll taxes are deducted from workers pay checks except for people like the Treasury Secretary who reclassify large parts of their income as not subject to Medicare tax. In his case that is roughly $300,000 per year that he doesn't have to pay.

Medicare Part B benefits (doctors' costs) are paid for by

  1. premiums (Part B) paid by retirees and disabled beneficaries - 25%
  2. contributions from the federal government - 75%
  3. interest from investemnts

Medicare Part D (drug costs) are paid for by

  1. premiums from Social Security benefits and premiums paid to drug plans by retirees (12.9%)
  2. contributions from the federal government (74.7%)
  3. contributions from the States (12.3%)
  4. interest from investemnts

The three tables below reflect the income statements for the three components (Parts A, B, D) of the Medicare program for calendar 2024 based on the

2025 ANNUAL REPORT OF THE BOARDS OF TRUSTEES
OF THE FEDERAL HOSPITAL INSURANCE AND
FEDERAL SUPPLEMENTARY MEDICAL INSURANCE TRUST FUNDS.
Dated June 18, 2025

Medicare Part A - Income Statement

Opening Asset Balance : $208.797 billion

Revenue

  1. Payroll Taxes : $396.450 billion
  2. Income Taxes on OASDOI benefits : $39.794 billion
  3. Interest on Investemnets : $7.196 billion
  4. Primiums on from voluntary participants : $4.759 billion
  5. Other : $!.6 billion
  6. Fraud and Abuse Control Receipts: $1.1 billion

Total revenues : $451.155 billion

Expenditures

  1. Net Benefits : $416.288 billion
  2. Admin Expenses : $3.3 billion
  3. Fraud and Abuse Control Expenses : $2.8 billion

Total expenditures: $422.456 billion

Net addition to the trust fund : -$28.699 billion

Total assets of the Part B account in the trust fund, end of period : $$237.496 billion

Medicare Part B - Income Statement

Opening Asset Balance : $172.210 billion

Revenue

  1. Part B Premiums from
    1. enrollees aged 65 and over : $125.427 billion
    2. disabled enrollees under age 65 : $14.410 billion
    3. Medicare Advantage participants : $0.308 billion
  2. Government contributions: $385.980 billion
  3. Interest on investments : $3.542 billion
  4. Interfund interest receipts and payments : -$0.004 billion
  5. Annual fees—branded Rx manufacturers and importers : $2.789 billion
  6. ACA Medicare shared savings program receipts : $0.440 billion

Total revenue : $532.891 billion

Expenditures:

  1. Net Part B benefit payments : $547.849 billion
  2. Total administrative expenses : $5.588 billion

Total expenditures : $553.437 billion

Net addition to the trust fund : -$20.546 billion

Total assets of the Part B account in the trust fund, end of period : $$151.664 billion

Medicare Part D - Income Statement

Open Balance of assets of the Part D account in the trust fund, beginning of period : $15.688 billion

Revenue

  1. Premiums from enrollees:
    1. deducted from Social Security benefits : $5.801 billions
    2. paid directly to plans by retirees : 13.475 billions
  2. Government contributions:
    1. Prescription drug benefits : $111.155 billion
    2. Prescription drug administrative expenses : $0.404 billion
  3. Payments from States : $17.995 billion
  4. Interest on investments : $0.265 billion
  5. DOJ/OIG/MA settlements : $0.166 billion

Total revenue : $149.262 billion

Expenditures

  1. Part D benefit payments : $145.680 billion
  2. Part D administrative expenses : $0.488 billion
Total expenditures : $146.168 billion

Net addition to the trust fund : $3.095 billion

Closing balance of the Part D account in the trust fund : $18,782 billion

------------------------------------

Notes from the Trustees Report

1. Financial Operations in Calendar Year 2024 - Part A

On July 30, 1965, the Social Security Act established the Federal Hospital Insurance Trust Fund as a separate account in the U.S. Treasury. All the HI financial operations occur within this fund.

Table III.B1 presents a statement of the revenue and expenditures of the fund in calendar year 2024, and of its assets at the beginning and end of the calendar year. The total assets of the trust fund amounted to $208.8 billion on December 31, 2023. During calendar year 2024, total revenue amounted to $451.2 billion, and total expenditures were $422.5 billion. Total assets thus increased by $28.7 billion during the year to $237.5 billion on December 31, 2024.

a. Revenues

The trust fund’s primary source of income consists of amounts appropriated to it, under permanent authority, on the basis of taxes paid by workers, their employers, and individuals with self-employment earnings, in work covered by HI. Included in HI are workers covered under the OASDI program, those covered under the Railroad Retirement program, and certain Federal, State, and local employees not otherwise covered under the OASDI program.

HI taxes are payable without limit on a covered individual’s total wages and self-employment earnings. For calendar years prior to 1994, taxes were computed on a person’s annual earnings up to a specified maximum annual amount called the maximum tax base. Table III.B2 presents the maximum tax bases for 1966–1993. Legislation enacted in 1993 removed the limit on taxable income beginning in calendar year 1994.

Table III.B2 also shows the HI tax rates applicable in each of calendar years 1966 and later. For 2026 and thereafter, the tax rates shown are the rates scheduled in current law. As indicated in the footnote to the table, in 2013 and later employees and self-employed individuals pay an additional HI tax of 0.9 percent on their earnings above certain thresholds.

Total HI payroll tax income in calendar year 2024 amounted to $396.4 billion—an increase of 8.0 percent over the amount of $367.2 billion for the preceding 12-month period. This increase occurred primarily because both the number of covered workers and average wages were higher.

Up to 85 percent of an individual’s or couple’s OASDI benefits may be subject to Federal income taxation if their income exceeds certain thresholds. The income tax revenue attributable to the first 50 percent of OASDI benefits is allocated to the OASI and DI trust funds. The revenue associated with the amount between 50 and 85 percent of benefits is allocated to the HI trust fund. Income from the taxation of OASDI benefits amounted to $39.8 billion in calendar year 2024.

Another substantial source of trust fund income is interest credited from investments in government securities held by the fund. In calendar year 2024, the fund received $7.2 billion in such interest.

A description of the trust fund’s investment procedures appears later in this section.

Section 1818 of the Social Security Act provides that certain persons not otherwise eligible for HI protection may obtain coverage by enrolling in HI and paying a monthly premium. In 2024, premiums collected from such voluntary participants (or paid on their behalf by Medicaid) amounted to about $4.8 billion.

The Railroad Retirement Act provides for a system of coordination and financial interchange between the Railroad Retirement program and the HI trust fund. This financial interchange requires a transfer that would place the HI trust fund in the same position in which it would have been if the Social Security Act had always covered railroad employment. In accordance with these provisions, a transfer of $645 million in principal and about $14 million in interest from the Railroad Retirement program’s Social Security Equivalent Benefit Account to the HI trust fund balanced the two systems as of September 30, 2023. The trust fund received this transfer, together with interest to the date of transfer totaling about $12 million, in June 2024.

Legislation in 1982 added transitional entitlement for those Federal employees who retire before having had a chance to earn sufficient quarters of Medicare-qualified Federal employment. The general fund of the Treasury provides reimbursement for the costs of this coverage, including administrative expenses. In calendar year 2024, such reimbursement amounted to $44 million for estimated benefit payments for these beneficiaries.

Legislation in 1996 established a health care fraud and abuse control account within the HI trust fund. Monies derived from the fraud and abuse control program are transferred from the general fund of the Treasury to the HI trust fund. During calendar year 2024, the trust fund received about $1,221 million from this program.

b. Expenditures

The HI trust fund pays expenditures for HI benefit payments and administrative expenses. All HI administrative expenses incurred by the Department of Health and Human Services, the Social Security Administration, the Department of the Treasury (including the Internal Revenue Service), and the Department of Justice in administering HI are charged to the trust fund. Such administrative duties include payment of benefits, the collection of taxes, fraud and abuse control activities, and experiments and demonstration projects designed to determine various methods of increasing efficiency and economy in providing health care services, while maintaining the quality of such services, under HI and SMI.

In addition, Congress has authorized expenditures from the trust funds for construction, rental and lease, or purchase contracts of office buildings and related facilities for use in connection with the administration of HI. Although trust fund expenditures include these costs, the statement of trust fund assets presented in this report does not carry the net worth of facilities and other fixed capital assets because the proceeds of sales of such assets revert to the General Services Administration. Since the value of fixed capital assets does not represent funds available for benefit or administrative expenditures, the Trustees do not consider it in assessing the actuarial status of the funds.

Of the $422.5 billion in total HI expenditures, $416.3 billion represented net benefits paid from the trust fund for health services.42 Net benefit payments increased 4.7 percent in calendar year 2024 over the corresponding amount of $397.5 billion paid during the preceding calendar year. These payments reflect the change in the number of beneficiaries, the price of health services, and the volume and intensity of services. Further information on HI benefits by type of service is available in section IV.A.

The remaining $6.2 billion in expenditures was for net HI administrative expenses, after adjustments to the preliminary allocation of administrative costs among the Social Security and Medicare trust funds and the general fund of the Treasury. The expenditure amount of $6.2 billion also included $2.9 billion for the health care fraud and abuse control program.

1. Financial Operations in Calendar Year 2024 - Part B

Table III.C1 presents a statement of the revenue and expenditures of the Part B account of the SMI trust fund in calendar year 2024, and of its assets at the beginning and end of the year.

The total assets of the account amounted to $172.2 billion on December 31, 2023. During calendar year 2024, total revenue amounted to $532.9 billion, and total expenditures were $553.4 billion. Total assets were $151.7 billion as of December 31, 2024. The asset level decreased during 2024 by approximately $20.5 billion.

a. Revenues

The major sources of revenue for the Part B account are (i) contributions of the Federal Government that the law authorizes to be appropriated and transferred from the general fund of the Treasury and (ii) premiums paid by (or on behalf of) eligible persons who voluntarily enroll. Of the total Part B revenue in calendar year 2024, $139.8 billion represented premium payments by (or on behalf of) enrollees—an increase of 6.6 percent over the amount of $131.2 billion for the preceding year.

Government contributions matched the premiums paid for fiscal years 1967 through 1973 dollar for dollar. Beginning July 1973, disabled persons who are under age 65 and who have met certain other conditions became eligible to enroll in Medicare, and the calculation of the premium-matching government contributions was changed. The amount of government contributions corresponding to premiums paid is determined by applying a matching rate to the amount of premiums received.51 By law, a matching rate is determined for each of two groups of Part B enrollees—one for those aged 65 and older and one for the disabled. The matching rate is equal to twice the monthly actuarial rate applicable to the particular group of enrollees, minus the standard monthly premium rate, divided by the standard monthly premium rate.

51For 2016 through 2025, under the intermediate assumptions, the standard premium includes an additional amount ($3.00 through 2024 and $0.90 in 2025) to repay the balance due resulting from general fund transfers in 2016 and 2021 to the Part B account of the SMI trust fund, in accordance with the Bipartisan Budget Act of 2015 and the Continuing Appropriations Act, 2021 and Other Extensions Act. This additional amount is not included in the determination of the matching rates and is not to be matched by government contributions.

b. Expenditures

The account pays expenditures for Part B benefit payments and administrative expenses. All expenses incurred by the Department of Health and Human Services, the Social Security Administration, and the Department of the Treasury in administering Part B are charged to the account. Such administrative duties include payment of benefits, fraud and abuse control activities, and experiments and demonstration projects designed to determine various methods of increasing efficiency and economy in providing health care services while maintaining the quality of these services.

In addition, Congress has authorized expenditures from the trust funds for construction, rental and lease, or purchase contracts of office buildings and related facilities for use in connection with the administration of Part B. The account expenditures include such costs. The net worth of facilities and other fixed capital assets, however, does not appear in the statement of Part B assets presented in this report, since the value of fixed capital assets does not represent funds available for benefit or administrative expenditures and is not, therefore, pertinent in assessing the actuarial status of the funds.

Of total Part B expenditures, $547.8 billion represented net benefits paid from the account for health services.53 Net benefits increased 10.1 percent compared with the corresponding amount of $497.4 billion paid during the preceding calendar year. The change in net benefits paid reflects the net change in both the number of beneficiaries and the price, volume, and intensity of services. Additional information on Part B benefits by type of service is available in section IV.B1.

The remaining $5.6 billion of expenditures was for administrative expenses and represented 1.0 percent of total Part B expenditures in 2024. Administrative expenses are shown on a net basis, after adjustments to the preliminary allocation of such costs among the Social Security and Medicare trust funds and the general fund of the Treasury.

1. Financial Operations in Calendar Year 2024 - Part D

The total assets of the account amounted to approximately $15.7 billion on December 31, 2023. During calendar year 2024, total Part D expenditures were approximately $146.2 billion. Government contributions were provided on an as-needed basis to cover the portion of expenditures that Medicare subsidies support. Total Part D receipts were $149.3 billion. As a result, total assets in the Part D account increased to $18.8 billion as of December 31, 2024. Table III.D1 presents a statement of the revenue and expenditures of the Part D account of the SMI trust fund in calendar year 2024, and of its assets at the beginning and end of the calendar year.

a. Revenues

The major sources of revenue for the Part D account are contributions of the Federal Government authorized to be apportioned and transferred from the general fund of the Treasury, premiums paid by eligible persons who voluntarily enroll, and payments from States.

Of the total Part D revenue in 2024, $5.8 billion represented premium amounts withheld from Social Security benefits or other Federal benefit payments. Total premium payments, including those paid directly to Part D plans, amounted to an estimated $19.3 billion or 12.9 percent of total revenue.

In calendar year 2024, contributions received from the general fund of the Treasury amounted to $111.6 billion, which accounted for 74.7 percent of total revenue. The payments from States were $18.0 billion.

Another source of Part D revenue is interest received on investments held by the Part D account. Because this account holds a very low amount of assets, and only for brief periods of time, the interest on the investments of the account in calendar year 2024 was $0.3 billion. Finally, law enforcement and other settlements were negligible.

b. Expenditures

Part D expenditures include both the costs of prescription drug benefits provided by Part D plans to enrollees and Medicare payments to retiree drug subsidy (RDS) plans on behalf of beneficiaries who obtain their primary drug coverage through such plans. Unlike Parts A and B of Medicare, the Part D account in the SMI trust fund does not directly support all Part D expenditures. In particular, enrollee premiums that are paid directly to Part D plans, and thus do not flow through the Part D account, finance a portion of these expenditures. However, these premium amounts are included in the Part D account operations (both income and expenditures) presented in this report. Total expenditures are characterized as either benefits (representing the gross cost of enrollees’ prescription drug coverage plus RDS amounts) or Federal administrative expenses.

All expenses incurred by the Department of Health and Human Services, the Social Security Administration (SSA), and the Department of the Treasury in administering Part D are charged to the account. These administrative duties include making payments to Part D plans, fraud and abuse control activities, and experiments and demonstration projects designed to improve the quality, efficiency, and economy of health care services.

In addition, Congress has authorized expenditures from the trust funds for construction, rental and lease, or purchase contracts of office buildings and related facilities for use in connection with the administration of Part D. The account expenditures include such costs. However, the statement of Part D assets presented in this report does not carry the net worth of facilities and other fixed capital assets because the value of fixed capital assets does not represent funds available for benefit or administrative expenditures and is not, therefore, pertinent in assessing the actuarial status of the funds.

Of the $146.2 billion in total Part D expenditures in 2024, $145.7 billion represented benefits, as defined above, and the remaining $0.5 billion reflected Federal administrative expenses. The Medicare direct premium subsidy payments and enrollee premiums implicitly cover administrative expenses incurred by Part D plans. The total assets of the Part D account as of December 31, 2024, were higher than in 2023 primarily because of the increased advanced payments to Part D plans required in 2025 as a result of the benefit redesign under the Inflation Reduction Act of 2022.