Bill Text: NY A06731 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for accidental disability retirement for deputy sheriffs in Suffolk county.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-12-08 - signed chap.694 [A06731 Detail]
Download: New_York-2023-A06731-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6731 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. STERN -- read once and referred to the Committee on Governmental Employees AN ACT to amend the retirement and social security law, in relation to providing accidental disability retirement for deputy sheriffs in Suffolk county The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The retirement and social security law is amended by adding 2 a new section 605-g to read as follows: 3 § 605-g. Accidental disability retirement for deputy sheriffs in 4 Suffolk county. a. A member employed as a deputy sheriff in Suffolk 5 county shall be entitled to an accidental disability retirement allow- 6 ance if, at the time application therefor is filed, such member is: 7 1. Physically or mentally incapacitated for performance of duty as the 8 natural and proximate result of an accident, unless the contrary be 9 proved by competent evidence, not caused by his or her own willful 10 negligence, sustained in such service and while actually a member of the 11 retirement system; and 12 2. Actually in service upon which his or her membership is based. 13 However, in a case where a member is discontinued from service subse- 14 quent to the accident, either voluntarily or involuntarily, and provided 15 that the member meets the requirements of paragraph one of this subdivi- 16 sion, application may be made not later than two years after the member 17 is first discontinued from service. 18 b. Application for an accidental disability retirement allowance for 19 such a member may be made by: 20 1. Such member; or 21 2. The head of the department in which such member is employed; or 22 3. Any person acting on behalf of and authorized by such member. 23 c. 1. After the filing of such an application, such member shall be 24 given one or more medical examinations. No such application shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10682-02-3A. 6731 2 1 approved, however, unless the member or some other person on his or her 2 behalf shall have filed written notice in the office of the comptroller 3 within ninety days after the accident, setting forth: 4 (a) The time when and the place where such accident occurred; and 5 (b) The particulars thereof; and 6 (c) The nature and extent of the member's injuries; and 7 (d) His or her alleged incapacity. 8 2. The notice herein required need not be given: 9 (a) If the notice of such accident shall be filed in accordance with 10 the provisions of the workers' compensation law of any state within 11 which a participating employer in Suffolk county shall have its employ- 12 ees located or performing functions and duties within the normal scope 13 of their employment; or 14 (b) If the application for accidental disability retirement is filed 15 within one year after the date of such accident; or 16 (c) If a failure to file notice has been excused for good cause shown 17 as provided by rules and regulations promulgated by the comptroller. 18 d. If the comptroller determines that the member is physically or 19 mentally incapacitated for the performance of duty and ought to be 20 retired for accidental disability, such member shall be so retired. Such 21 retirement shall be effective as of a date approved by the comptroller. 22 e. The annual retirement allowance payable upon accidental disability 23 retirement shall be a pension of three-quarters of his or her final 24 average salary. The payment of such pension shall be subject to the 25 provisions of section sixty-four of this chapter. 26 f. If the member, at the time of the filing of an application under 27 the provisions of subdivision b of this section, is eligible for a 28 service retirement benefit, then and in that event, he or she may simul- 29 taneously file an application for service retirement in accordance with 30 the provisions of section seventy of this chapter, provided that the 31 member indicates on the application for service retirement that such 32 application is filed without prejudice to the application for accidental 33 disability retirement. 34 g. Notwithstanding any other provision of law, this section shall 35 apply to deputy sheriffs in Suffolk county who were hired on or after 36 July twenty-seventh, nineteen hundred seventy-six. 37 § 2. All costs associated with implementing the provisions of this act 38 shall be borne by Suffolk county. 39 § 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would establish an improved accidental disability benefit for eligible members of the New York State and Local Employees' Retire- ment System in Tiers 3 through 6 who are employed by Suffolk County as deputy sheriffs. The improved disability benefit would be three-quarters of final average salary less workers' compensation. The current disabil- ity benefit is two-thirds of final average salary less workers' compen- sation. If this bill is enacted during the 2023 legislative session, we antic- ipate that there will be an increase of approximately $77,500 in the annual contributions of Suffolk County for the fiscal year ending March 31, 2024. In future years, this cost will vary as the billing rates and salary of the affected members change. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $351,000 which will be borne by Suffolk County as a one-time payment. This estimate assumes that payment will be made on February 1, 2024.A. 6731 3 These estimated costs are based on 251 affected members employed by Suffolk County, with annual salary of approximately $34.7 million as of March 31, 2022. Summary of relevant resources: Membership data as of March 31, 2022 was used in measuring the impact of the proposed change, the same data used in the April 1, 2022 actuari- al valuation. Distributions and other statistics can be found in the 2022 Report of the Actuary and the 2022 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2020, 2021, and 2022 Annual Report to the Comptroller on Actuarial Assump- tions, 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, 2022 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 April 25, 2023, and intended for use only during the 2023 Legislative Session, is Fiscal Note No. 2023-138, prepared by the Actuary for the New York State and Local Retirement System.
