Bill Text: NY A04079 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to increasing certain special accidental death benefits; increases the special accidental death benefit paid to a widow or widower or the deceased member's children under the age of eighteen, or if a student, under the age of twenty-three.

Spectrum: Moderate Partisan Bill (Democrat 42-13)

Status: (Engrossed) 2019-06-19 - RETURNED TO ASSEMBLY [A04079 Detail]

Download: New_York-2019-A04079-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4079--A
                               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  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        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%
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07653-04-9

        A. 4079--A                          2
     1            1983                           [181.4%] 189.8%
     2            1984                           [173.2%] 181.4%
     3            1985                           [165.2%] 173.2%
     4            1986                           [157.5%] 165.2%
     5            1987                           [150.0%] 157.5%
     6            1988                           [142.7%] 150.0%
     7            1989                           [135.7%] 142.7%
     8            1990                           [128.8%] 135.7%
     9            1991                           [122.1%] 128.8%
    10            1992                           [115.7%] 122.1%
    11            1993                           [109.4%] 115.7%
    12            1994                           [103.3%] 109.4%
    13            1995                            [97.4%] 103.3%
    14            1996                            [91.6%]  97.4%
    15            1997                            [86.0%]  91.6%
    16            1998                            [80.6%]  86.0%
    17            1999                            [75.4%]  80.6%
    18            2000                            [70.2%]  75.4%
    19            2001                            [65.3%]  70.2%
    20            2002                            [60.5%]  65.3%
    21            2003                            [55.8%]  60.5%
    22            2004                            [51.3%]  55.8%
    23            2005                            [46.9%]  51.3%
    24            2006                            [42.6%]  46.9%
    25            2007                            [38.4%]  42.6%
    26            2008                            [34.4%]  38.4%
    27            2009                            [30.5%]  34.4%
    28            2010                            [26.7%]  30.5%
    29            2011                            [23.0%]  26.7%
    30            2012                            [19.4%]  23.0%
    31            2013                            [15.9%]  19.4%
    32            2014                            [12.6%]  15.9%
    33            2015                             [9.3%]  12.6%
    34            2016                             [6.1%]   9.3%
    35            2017                             [3.0%]   6.1%
    36            2018                             [0.0%]   3.0%
    37            2019                                      0.0%
    38    § 2. Subdivision c of section 361-a of the retirement and social secu-
    39  rity  law,  as amended by chapter 179 of the laws of 2018, is amended to
    40  read as follows:
    41    c. Commencing July first, two thousand [eighteen] nineteen the special
    42  accidental death benefit paid to a widow  or  widower  or  the  deceased
    43  member's  children under the age of eighteen or, if a student, under the
    44  age of twenty-three, if the widow or widower has died,  shall  be  esca-
    45  lated  by  adding  thereto an additional percentage of the salary of the
    46  deceased member, as increased pursuant to subdivision b of this section,
    47  in accordance with the following schedule:
    48       calendar year of death
    49       of the deceased member              per centum
    50            1977 or prior                    [236%] 246.1%
    51            1978                             [226.2%] 236%
    52            1979                             [216.7%] 226.2%
    53            1980                             [207.5%] 216.7%
    54            1981                             [198.5%] 207.5%
    55            1982                             [189.8%] 198.5%
    56            1983                             [181.4%] 189.8%

        A. 4079--A                          3
     1            1984                             [173.2%] 181.4%
     2            1985                             [165.2%] 173.2%
     3            1986                             [157.5%] 165.2%
     4            1987                             [150.0%] 157.5%
     5            1988                             [142.7%] 150.0%
     6            1989                             [135.7%] 142.7%
     7            1990                             [128.8%] 135.7%
     8            1991                             [122.1%] 128.8%
     9            1992                             [115.7%] 122.1%
    10            1993                             [109.4%] 115.7%
    11            1994                             [103.3%] 109.4%
    12            1995                             [97.4%]  103.3%
    13            1996                             [91.6%]  97.4%
    14            1997                             [86.0%]  91.6%
    15            1998                             [80.6%]  86.0%
    16            1999                             [75.4%]  80.6%
    17            2000                             [70.2%]  75.4%
    18            2001                             [65.3%]  70.2%
    19            2002                             [60.5%]  65.3%
    20            2003                             [55.8%]  60.5%
    21            2004                             [51.3%]  55.8%
    22            2005                             [46.9%]  51.3%
    23            2006                             [42.6%]  46.9%
    24            2007                             [38.4%]  42.6%
    25            2008                             [34.4%]  38.4%
    26            2009                             [30.5%]  34.4%
    27            2010                             [26.7%]  30.5%
    28            2011                             [23.0%]  26.7%
    29            2012                             [19.4%]  23.0%
    30            2013                             [15.9%]  19.4%
    31            2014                             [12.6%]  15.9%
    32            2015                             [9.3%]   12.6%
    33            2016                             [6.1%]    9.3%
    34            2017                             [3.0%]    6.1%
    35            2018                             [0.0%]    3.0%
    36            2019                                       0.0%
    37    § 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  $547,000  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
        Police and 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

        A. 4079--A                          4
        Assumptions,  and  the  Codes, Rules and Regulations of the State of New
        York: Audit and Control.
          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 judgment 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.
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