STATE OF NEW YORK
________________________________________________________________________
7784--A
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 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09483-05-9
A. 7784--A 2
1 2. The head of the department in which such member is employed; or
2 3. Any person acting on behalf of and authorized by such member.
3 c. 1. After the filing of such an application, such member shall be
4 given one or more medical examinations. No such application shall be
5 approved, however, unless the member or some other person on his or her
6 behalf shall have filed written notice in the office of the comptroller
7 within ninety days after the accident, setting forth:
8 (a) The time when and the place where such accident occurred; and
9 (b) The particulars thereof; and
10 (c) The nature and extent of the member's injuries; and
11 (d) His or her alleged incapacity.
12 2. The notice herein required need not be given:
13 (a) If the notice of such accident shall be filed in accordance with
14 the provisions of the workers' compensation law of any state within
15 which a participating employer shall have its employees located or
16 performing functions and duties within the normal scope of their employ-
17 ment; or
18 (b) If the application for accidental disability retirement is filed
19 within one year after the date of such accident; or
20 (c) If a failure to file notice has been excused for good cause shown
21 as provided by rules and regulations promulgated by the comptroller.
22 d. If the comptroller determines that the member is physically or
23 mentally incapacitated for the performance of duty and ought to be
24 retired for accidental disability, such member shall be so retired.
25 Such retirement shall be effective as of a date approved by the comp-
26 troller.
27 e. The annual retirement allowance payable upon accidental disability
28 retirement shall be a pension of three-quarters of his or her final
29 average salary. The payment of such pension shall be subject to the
30 provisions of section sixty-four of this chapter.
31 f. If the member, at the time of the filing of an application under
32 the provisions of subdivision b of this section, is eligible for a
33 service retirement benefit, then and in that event, he or she may simul-
34 taneously file an application for service retirement in accordance with
35 the provisions of section seventy of this chapter, provided that the
36 member indicates on the application for service retirement that such
37 application is filed without prejudice to the application for accidental
38 disability retirement.
39 g. Notwithstanding any other provision of law, this section shall
40 apply to correction officers, correction supervisors, deputy sheriff
41 patrol and deputy sheriff patrol supervisors who were hired on or after
42 July twenty-seventh, nineteen hundred seventy-six.
43 § 2. Notwithstanding any other provision of law to the contrary, none
44 of the provisions of this act shall be subject to section 25 of the
45 retirement and social security law.
46 § 3. 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. The
provisions of Section 25 of the Retirement and Social Security Law
(RSSL) do not apply.
A. 7784--A 3
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 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 already elected Section 607-c of the
RSSL.
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. This cost would be
shared by the State of New York and all participating employers of the
New York State and Local Employees' Retirement System.
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 June 7, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-139, prepared by
the Actuary for the New York State and Local Retirement System.