Bill Text: NY A09010 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to disability retirement benefits for sheriffs, deputy sheriffs, undersheriffs and correction officers in Nassau County.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-14 - substituted by s7140 [A09010 Detail]

Download: New_York-2017-A09010-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9010
                   IN ASSEMBLY
                                    January 12, 2018
                                       ___________
        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
          disability retirement benefits for sheriffs, deputy sheriffs, undersh-
          eriffs, and correction officers in Nassau county
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 607-c of the retirement and social security law is
     2  amended by adding a new subdivision g to read as follows:
     3    g. Any sheriff, deputy sheriff, undersheriff, or correction officer as
     4  defined in subdivision a of section sixty-three-b of this  chapter,  and
     5  who  is  employed  in  Nassau county, who becomes physically or mentally
     6  incapacitated for the performance of duties as the natural and proximate
     7  result of an injury, sustained in the performance or discharge of his or
     8  her duties by, or as the natural and proximate result of an  intentional
     9  or  reckless  act  of any civilian visiting, or otherwise present at, an
    10  institution under the jurisdiction of such county where such injury  was
    11  sustained  and  documented after the enactment of this section, shall be
    12  paid a performance of duty disability retirement allowance equal to that
    13  which is provided in section sixty-three of this chapter, subject to the
    14  provisions of section sixty-four of this  chapter.  Notwithstanding  any
    15  other  provision  of law to the contrary, none of the provisions of this
    16  subdivision shall be subject to section twenty-five of this chapter.
    17    § 2.    All  past  service  costs  associated  with  implementing  the
    18  provisions  of this act will be borne by Nassau county, and may be amor-
    19  tized over a ten year period.
    20    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill will allow any sheriff,  undersheriff,  deputy  sheriff,  or
        correction  officer  employed  by  Nassau  County  to become eligible to
        receive a performance of duty benefit due to the intentional or reckless
        act of a civilian visiting an institution under the jurisdiction of such
        county. The benefit will be 75% of final average  salary  less  worker's
        compensation. Currently, to be eligible for such improved benefit, it is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05673-04-7
        A. 9010                             2
        required  that  such injuries were sustained as the result of an "act of
        an inmate". Such injuries must be sustained  and  documented  after  the
        enactment of this legislation.
          If this legislation is enacted during the 2018 legislative session, we
        anticipate that there will be an increase in the annual contributions of
        Nassau County of approximately $210,000 for the fiscal year ending March
        31, 2019.
          In  addition  to the annual contributions discussed above, it is esti-
        mated that there will be a past  service  cost  of  approximately  $1.22
        million  which  would  be  borne by Nassau County as a one-time payment.
        This estimate is based on the assumption that payment will  be  made  on
        February  1,  2019. If Nassau County elects to amortize this cost over a
        10 year period, the cost for the first year would be $162,000.
          These estimated costs are based on 880 sheriffs, undersheriffs, deputy
        sheriffs and correction officers employed by Nassau County with a  total
        estimated annual salary of approximately $96 million for the fiscal year
        ending March 31, 2017.
          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, 2017  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2017
        Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016 and 2017 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, 2017
        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 estimate, dated November 15, 2017,  and  intended  for  use  only
        during the 2018 Legislative Session, is Fiscal Note No. 2018-8, prepared
        by the Actuary for the New York State and Local Retirement System.