STATE OF NEW YORK
________________________________________________________________________
4079
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
___________
Introduced by M. of A. JOYNER, LUPARDO, VANEL, WILLIAMS, HYNDMAN, ORTIZ,
D'URSO, LENTOL, ENGLEBRIGHT, CRESPO, ZEBROWSKI, JAFFEE, DICKENS,
BRAUNSTEIN, MOSLEY, BARRON, GUNTHER, TAYLOR, RAMOS, ARROYO, LAVINE,
PERRY, DenDEKKER, COOK, BARNWELL, BLAKE, DAVILA -- Multi-Sponsored by
-- M. of A. DINOWITZ, EPSTEIN, HEVESI, SIMON -- read once and referred
to the Committee on Governmental Employees
AN ACT to amend the general municipal law and the retirement and social
security law, in relation to increasing certain special accidental
death benefits
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision c of section 208-f of the general municipal
2 law, as amended by chapter 179 of the laws of 2018, is amended to read
3 as follows:
4 c. Commencing July first, two thousand [eighteen] nineteen the special
5 accidental death benefit paid to a widow or widower or the deceased
6 member's children under the age of eighteen or, if a student, under the
7 age of twenty-three, if the widow or widower has died, shall be esca-
8 lated by adding thereto an additional percentage of the salary of the
9 deceased member (as increased pursuant to subdivision b of this section)
10 in accordance with the following schedule:
11 calendar year of death
12 of the deceased member per centum
13 1977 or prior [236%] 246.1%
14 1978 [226.2%] 236%
15 1979 [216.7%] 226.2%
16 1980 [207.5%] 216.7%
17 1981 [198.5%] 207.5%
18 1982 [189.8%] 198.5%
19 1983 [181.4%] 189.8%
20 1984 [173.2%] 181.4%
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07653-03-9
A. 4079 2
1 1985 [165.2%] 173.2%
2 1986 [157.5%] 165.2%
3 1987 [150.0%] 157.5%
4 1988 [142.7%] 150.0%
5 1989 [135.7%] 142.7%
6 1990 [128.8%] 135.7%
7 1991 [122.1%] 128.8%
8 1992 [115.7%] 122.1%
9 1993 [109.4%] 115.7%
10 1994 [103.3%] 109.4%
11 1995 [97.4%] 103.3%
12 1996 [91.6%] 97.4%
13 1997 [86.0%] 91.6%
14 1998 [80.6%] 86.0%
15 1999 [75.4%] 80.6%
16 2000 [70.2%] 75.4%
17 2001 [65.3%] 70.2%
18 2002 [60.5%] 65.3%
19 2003 [55.8%] 60.5%
20 2004 [51.3%] 55.8%
21 2005 [46.9%] 51.3%
22 2006 [42.6%] 46.9%
23 2007 [38.4%] 42.6%
24 2008 [34.4%] 38.4%
25 2009 [30.5%] 34.4%
26 2010 [26.7%] 30.5%
27 2011 [23.0%] 26.7%
28 2012 [19.4%] 23.0%
29 2013 [15.9%] 19.4%
30 2014 [12.6%] 15.9%
31 2015 [9.3%] 12.6%
32 2016 [6.1%] 9.3%
33 2017 [3.0%] 6.1%
34 2018 [0.0%] 3.0%
35 2019 0.0%
36 § 2. Subdivision c of section 361-a of the retirement and social secu-
37 rity law, as amended by chapter 179 of the laws of 2018, is amended to
38 read as follows:
39 c. Commencing July first, two thousand [eighteen] nineteen the special
40 accidental death benefit paid to a widow or widower or the deceased
41 member's children under the age of eighteen or, if a student, under the
42 age of twenty-three, if the widow or widower has died, shall be esca-
43 lated by adding thereto an additional percentage of the salary of the
44 deceased member, as increased pursuant to subdivision b of this section,
45 in accordance with the following schedule:
46 calendar year of death
47 of the deceased member per centum
48 1977 or prior [236%] 246.1%
49 1978 [226.2%] 236%
50 1979 [216.7%] 226.2%
51 1980 [207.5%] 216.7%
52 1981 [198.5%] 207.5%
53 1982 [189.8%] 198.5%
54 1983 [181.4%] 189.8%
55 1984 [173.2%] 181.4%
56 1985 [165.2%] 173.2%
A. 4079 3
1 1986 [157.5%] 165.2%
2 1987 [150.0%] 157.5%
3 1988 [142.7%] 150.0%
4 1989 [135.7%] 142.7%
5 1990 [128.8%] 135.7%
6 1991 [122.1%] 128.8%
7 1992 [115.7%] 122.1%
8 1993 [109.4%] 115.7%
9 1994 [103.3%] 109.4%
10 1995 [97.4%] 103.3%
11 1996 [91.6%] 97.4%
12 1997 [86.0%] 91.6%
13 1998 [80.6%] 86.0%
14 1999 [75.4%] 80.6%
15 2000 [70.2%] 75.4%
16 2001 [65.3%] 70.2%
17 2002 [60.5%] 65.3%
18 2003 [55.8%] 60.5%
19 2004 [51.3%] 55.8%
20 2005 [46.9%] 51.3%
21 2006 [42.6%] 46.9%
22 2007 [38.4%] 42.6%
23 2008 [34.4%] 38.4%
24 2009 [30.5%] 34.4%
25 2010 [26.7%] 30.5%
26 2011 [23.0%] 26.7%
27 2012 [19.4%] 23.0%
28 2013 [15.9%] 19.4%
29 2014 [12.6%] 15.9%
30 2015 [9.3%] 12.6%
31 2016 [6.1%] 9.3%
32 2017 [3.0%] 6.1%
33 2018 [0.0%] 3.0%
34 2019 0.0%
35 § 3. This act shall take effect July 1, 2019.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend both the General Municipal Law and the Retire-
ment and Social Security Law to increase the salary used in the computa-
tion of the special accidental death benefit by 3% in cases where the
date of death was before 2019.
Insofar as this bill would amend the Retirement and Social Security
Law, it is estimated that there would be an additional annual cost of
approximately $547,00 above the approximately $12.5 million current
annual cost of this benefit. This cost would be shared by the State of
New York and all participating employers of the New York State and Local
Fire Retirement System.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of the State of New
York: Audit and Control.
A. 4079 4
The Market Assets and GASB Disclosures are found in the March 31, 2018
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgement of an attorney.
This estimate, dated January 24, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-38,
prepared by the Actuary for the New York State and Local Retirement
System.