Bill Text: NY A08141 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the retirement payable to any sheriff, deputy sheriff, undersheriff or correction officer injured on the job.
Spectrum: Slight Partisan Bill (Republican 11-4)
Status: (Introduced - Dead) 2014-05-28 - held for consideration in governmental employees [A08141 Detail]
Download: New_York-2013-A08141-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8141
2013-2014 Regular Sessions
I N A S S E M B L Y
August 30, 2013
___________
Introduced by M. of A. GRAF -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
the retirement payable to any sheriff, deputy sheriff, undersheriff or
correction officer injured on the job
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision a of section 607-c of the retirement and social
2 security law, as added by chapter 639 of the laws of 1999, is amended to
3 read as follows:
4 a. [Any] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
5 ANY sheriff, deputy sheriff, undersheriff or correction officer as
6 defined in subdivision a of section sixty-three-b of this chapter, and
7 who are employed in a county which makes an election pursuant to subdi-
8 vision d of such section sixty-three-b[, who becomes physically or
9 mentally incapacitated for the performance of duties as the natural and
10 proximate result of an injury, sustained in the performance or discharge
11 of his or her duties by, or as the natural and proximate result of any
12 act of any inmate or any person confined in an institution under the
13 jurisdiction of such county, shall be paid a performance of duty disa-
14 bility retirement allowance equal to that which is provided in section
15 sixty-three of this chapter, subject to the provisions of section
16 sixty-four of this chapter] SHALL BE PAID A PERFORMANCE OF DUTY DISABIL-
17 ITY RETIREMENT ALLOWANCE EQUAL TO THAT WHICH IS PROVIDED IN SECTION
18 SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE PROVISIONS OF SECTION
19 SIXTY-FOUR OF THIS CHAPTER. PROVIDED, HOWEVER, SUCH INDIVIDUAL SHALL
20 HAVE BECOME PHYSICALLY OR MENTALLY INCAPACITATED DURING THE PERFORMANCE
21 OF DUTIES, AND THE PERFORMANCE OF SUCH DUTIES WAS THE NATURAL AND PROXI-
22 MATE CAUSE OF SUCH INJURY. THIS PROVISION OF THIS SECTION SHALL ALSO
23 APPLY TO ANY SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF OR CORRECTION OFFICER
24 WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED DURING THE PERFORMANCE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10995-04-3
A. 8141 2
1 OF DUTIES WHEN SUCH PHYSICAL OR MENTAL INCAPACITATION WAS THE RESULT OF
2 ANY ACT OF ANY INMATE OR ANY PERSON CONFINED IN AN INSTITUTION UNDER THE
3 JURISDICTION OF SUCH COUNTY.
4 S 2. Subdivision f of section 558 of the retirement and social securi-
5 ty law, as added by chapter 165 of the laws of 1995, is amended to read
6 as follows:
7 f. The retirement allowance payable upon retirement for disability
8 incurred in the performance of duty shall consist of a pension of [one-
9 half] THREE-QUARTERS of his or her final average salary plus an annuity
10 which shall be the actuarial equivalent of the member's accumulated
11 contributions, if any.
12 S 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow any sheriff, deputy sheriff, undersheriff or
correction officer who is currently covered under the provisions of
Section 607-c of the Retirement and Social Security Law (RSSL) who is
disabled in the performance of duty to receive a performance of duty
disability benefit of 75% of final average salary, less worker's compen-
sation. Currently, Section 607-c requires that this 75% of pay benefit
is paid only if the disability is the result of an act of an inmate.
This bill would also allow any sheriff, deputy sheriff or undersheriff
who is currently covered under the provisions of Article 14-B of the
RSSL who is disabled in the performance of duty to receive a benefit of
75% of final average salary, in addition to worker's compensation.
Current law provides a 50% of final average salary disability benefit.
If this bill is enacted, there will be an increase in the annual
contributions for the fiscal year ending March 31, 2014 which would
depend on the retirement plan coverage of affected members. The annual
increase in contributions for members covered under Article 14-B would
be approximately 1.5% of affected payroll. The annual increase in
contributions for members who are NOT covered under Article 14-B and
whose employer has elected to provide the benefits of Section 607-c
would be approximately 3.2% of affected payroll.
In addition to the annual costs above, there will be an immediate
one-time past service cost which we anticipate will be approximately
6.8% of the payroll of the affected members who are covered under Arti-
cle 14-B, and approximately 14.6% of the payroll of the affected members
who are NOT covered under Article 14-B and whose employers have elected
to provide the benefits of Section 607-c.
Pursuant to Section 25 of the Retirement and Social Security Law, the
past service cost and increase in annual contribution cost would be
borne by the State of New York and would require an itemized appropri-
ation by the State of New York sufficient to pay the cost of the
provision. The State may amortize these one-time costs over a period of
5 years.
Summary of relevant resources:
Data: March 31, 2012 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
A. 8141 3
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated June 20, 2013, and intended for use only during
the 2013 Legislative Session, is Fiscal Note Number 2013-164 prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
