Bill Text: NY A07784 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes accidental disability retirement for correction officers, correction supervisors, deputy sheriff patrol and deputy sheriff patrol supervisors; provides that the annual retirement allowance payable upon accidental disability retirement shall be a pension of three-quarters of a member's final average salary.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-01-08 - referred to governmental employees [A07784 Detail]

Download: New_York-2019-A07784-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7784

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 21, 2019
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees

        AN  ACT  to amend the retirement and social security law, in relation to
          establishing accidental disability retirement for correction officers,
          correction supervisors,  deputy  sheriff  patrol  and  deputy  sheriff
          patrol supervisors

          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-f to read as follows:
     3    § 605-f. Accidental disability  retirement  for  correction  officers,
     4  correction  supervisors, deputy sheriff patrol and deputy sheriff patrol
     5  supervisors. a. A member employed as a  correction  officer,  correction
     6  supervisor,  deputy  sheriff patrol and deputy sheriff patrol supervisor
     7  shall be entitled to an accidental disability retirement  allowance  if,
     8  at the time application therefor is filed, such member is:
     9    1. Physically or mentally incapacitated for performance of duty as the
    10  natural  and  proximate  result  of  an accident, unless the contrary be
    11  proved by competent evidence, not caused  by  his  or  her  own  willful
    12  negligence, sustained in such service and while actually a member of the
    13  retirement system; and
    14    2.  Actually  in  service  upon  which his or her membership is based.
    15  However, in a case where a member is discontinued  from  service  subse-
    16  quent to the accident, either voluntarily or involuntarily, and provided
    17  that the member meets the requirements of paragraph one of this subdivi-
    18  sion,  application may be made not later than two years after the member
    19  is first discontinued from service.
    20    b. Application for an accidental disability retirement  allowance  for
    21  such a member may be made by:
    22    1. Such member; or
    23    2. The head of the department in which such member is employed; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09483-02-9

        A. 7784                             2

     1    3. Any person acting on behalf of and authorized by such member.
     2    c.  1.  After  the filing of such an application, such member shall be
     3  given one or more medical examinations. No  such  application  shall  be
     4  approved,  however, unless the member or some other person on his or her
     5  behalf shall have filed written notice in the office of the  comptroller
     6  within ninety days after the accident, setting forth:
     7    (a) The time when and the place where such accident occurred; and
     8    (b) The particulars thereof; and
     9    (c) The nature and extent of the member's injuries; and
    10    (d) His or her alleged incapacity.
    11    2. The notice herein required need not be given:
    12    (a)  If  the notice of such accident shall be filed in accordance with
    13  the provisions of the workers' compensation  law  of  any  state  within
    14  which  a  participating  employer  shall  have  its employees located or
    15  performing functions and duties within the normal scope of their employ-
    16  ment; or
    17    (b) If the application for accidental disability retirement  is  filed
    18  within one year after the date of such accident; or
    19    (c)  If a failure to file notice has been excused for good cause shown
    20  as provided by rules and regulations promulgated by the comptroller.
    21    d. If the comptroller determines that  the  member  is  physically  or
    22  mentally  incapacitated  for  the  performance  of  duty and ought to be
    23  retired for accidental disability, such  member  shall  be  so  retired.
    24  Such  retirement  shall  be effective as of a date approved by the comp-
    25  troller.
    26    e. The annual retirement allowance payable upon accidental  disability
    27  retirement  shall  be  a  pension  of three-quarters of his or her final
    28  average salary. The payment of such pension  shall  be  subject  to  the
    29  provisions of section sixty-four of this chapter.
    30    f.  If  the  member, at the time of the filing of an application under
    31  the provisions of subdivision b of  this  section,  is  eligible  for  a
    32  service retirement benefit, then and in that event, he or she may simul-
    33  taneously  file an application for service retirement in accordance with
    34  the provisions of section seventy of this  chapter,  provided  that  the
    35  member  indicates  on  the  application for service retirement that such
    36  application is filed without prejudice to the application for accidental
    37  disability retirement.
    38    g. Notwithstanding any other provision  of  law,  this  section  shall
    39  apply  to  correction  officers,  correction supervisors, deputy sheriff
    40  patrol and deputy sheriff patrol supervisors who were hired on or  after
    41  July twenty-seventh, nineteen hundred seventy-six.
    42    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would allow Tier 3, 4, 5 and 6 county correction officers,
        correction supervisors, deputy sheriff patrol and deputy sheriff  patrol
        supervisors to be eligible for an accidental disability if the member is
        physically  or  mentally  incapacitated  for  performance of duty as the
        natural and proximate result of an  accident,  unless  the  contrary  be
        proven  by  competent evidence. The benefit for an accidental disability
        would be 75% of final average salary less worker's compensation.
          If this bill is enacted, the cost will vary depending  on  a  member's
        plan. For members currently covered under the provisions of Article 14-B
        of the Retirement and Social Security Law (RSSL), the future annual cost
        will  be  0.3%  of salary. For all other members, the future annual cost
        will be 1.5% of salary. However, there is no cost  if  an  employer  has

        A. 7784                             3

        already elected Section 607-c of the RSSL. Pursuant to Section 25 of the
        RSSL, this cost will be borne by the State of New York.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost which will vary depending on a member's
        plan. For members currently covered under the provisions of Article 14-B
        of the RSSL, the past service cost will be 2.9% of salary. For all other
        members, the past service cost will be 6.3%. However, there is  no  cost
        if  an  employer  has  already  elected  607-c  of the RSSL. Pursuant to
        Section 25 of the RSSL, this cost will be borne  by  the  State  of  New
        York.
          The  exact number of members who could be affected by this legislation
        cannot be readily determined.
          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.
          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 February 26, 2019,  and  intended  for  use  only
        during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-65,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
feedback