Bill Text: NY A05067 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides accidental disability retirement benefits for deputy sheriff Richard Stueber, a participant in World Trade Center rescue, recovery, and cleanup operations.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2024-03-12 - print number 5067a [A05067 Detail]

Download: New_York-2023-A05067-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5067--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by  M. of A. DeSTEFANO, DURSO, E. BROWN, PIROZZOLO, BENDETT,
          MCGOWAN, J. M. GIGLIO, MANKTELOW -- Multi-Sponsored by  --  M.  of  A.
          FLOOD,  J. A. GIGLIO  --  read  once  and referred to the Committee on
          Governmental Employees -- recommitted to the Committee on Governmental
          Employees in accordance with Assembly Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  relating  to  disability retirement benefits for deputy sheriff
          Richard Stueber, a participant in World Trade Center rescue, recovery,
          and cleanup operations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Notwithstanding  any  other  law to the contrary, Richard
     2  Stueber, a deputy sheriff employed by Suffolk County  who  retired  from
     3  such  service  on March 1, 2019, and who participated in the World Trade
     4  Center rescue, recovery and cleanup operations as a member  of  the  New
     5  York City police department, shall be entitled to a 75% accidental disa-
     6  bility  retirement   benefit pursuant to paragraph 4 of subdivision d of
     7  section 605 of the retirement and social security  law  based  upon  the
     8  determination  by  the  New  York  state and local employees' retirement
     9  system on March 12, 2020 that Richard Stueber was permanently  incapaci-
    10  tated    for  the  performance  of his duties as a result of his partic-
    11  ipation in the World Trade Center rescue,  recovery,  or  cleanup  oper-
    12  ations. Such benefit shall be payable from the date of his retirement.
    13    § 2. All costs associated with implementing this act shall be borne by
    14  the state of New York.
    15    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow Richard Stueber, a service retiree of the New
        York State and Local Employees  Retirement System who previously  worked
        for  Suffolk  County, to be entitled to an accidental disability retire-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06751-04-4
        A. 5067--A                          2

        ment benefit equal to 75% of final average salary, payable  pursuant  to
        Section 605(d)(4) of the Retirement and Social Security Law, as a result
        of  their  participation  in the World Trade Center rescue, recovery and
        cleanup  operations.  The  retirement benefit would be recalculated, and
        payment would be made retroactive to the date of retirement.
          If this bill is enacted during the  2024  Legislative  Session,  there
        will  be  an immediate past service cost of approximately $262,000 which
        will be borne by the State of New York as a one-time payment. This esti-
        mate assumes that payment will be made on March 1, 2025.
          Summary of relevant resources:
          Membership data as of March 31, 2023 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al  valuation.    Distributions and other statistics can be found in the
        2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2023
        Annual Report to the  Comptroller  on  Actuarial  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, 2023
        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 March 8, 2024, and intended for use only during
        the 2024 Legislative Session, is Fiscal Note No. 2024-115,  prepared  by
        the Actuary for the New York State and Local Retirement System.