Bill Text: NY A09864 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to death benefits for correction officers employed by Suffolk county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-20 - referred to governmental employees [A09864 Detail]

Download: New_York-2019-A09864-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9864

                   IN ASSEMBLY

                                    February 20, 2020
                                       ___________

        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
          death benefits for correction officers employed by 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 508-b to read as follows:
     3    §  508-b.  Death  benefits for correction officers employed by Suffolk
     4  county. 1. As used in this section, the term "correction officer"  shall
     5  have  the  same  meaning as in subdivision e of section eighty-nine-f of
     6  this chapter.
     7    2. Notwithstanding any provision of  law  to  the  contrary,  where  a
     8  correction  officer  would  have  been  entitled to a service retirement
     9  benefit at the time of his or her death  and  where  his  or  her  death
    10  occurs  on  or after the effective date of this section, the beneficiary
    11  or beneficiaries may elect to receive, in a lump sum, an amount  payable
    12  which  shall be equal to the pension reserve that would have been estab-
    13  lished had the member retired on the date of his or her  death,  or  the
    14  value  of the death benefit and the reserve-for-increased-take-home-pay,
    15  if any, whichever is greater.
    16    § 2. The retirement and social security law is amended by adding a new
    17  section 606-b to read as follows:
    18    § 606-b. Death benefits for correction officers  employed  by  Suffolk
    19  county. 1.  As used in this section, the term "correction officer" shall
    20  have  the  same  meaning as in subdivision e of section eighty-nine-f of
    21  this chapter.
    22    2. Notwithstanding any provision of  law  to  the  contrary,  where  a
    23  correction  officer  would  have  been  entitled to a service retirement
    24  benefit at the time of his or her death  and  where  his  or  her  death
    25  occurs  on  or after the effective date of this section, the beneficiary
    26  or beneficiaries may elect to receive, in a lump sum, an amount  payable
    27  which  shall be equal to the pension reserve that would have been estab-
    28  lished had the member retired on the date of his or her  death,  or  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14796-02-0

        A. 9864                             2

     1  value  of the death benefit and the reserve-for-increased-take-home-pay,
     2  if any, whichever is greater.
     3    §   3.  All  past  service  costs  associated  with  implementing  the
     4  provisions of this act shall be borne by the county of Suffolk  and  may
     5  be amortized over a period of ten years.
     6    §  4. Notwithstanding any other provision of law to the contrary, none
     7  of the provisions of this act shall  be  subject  to  the  appropriation
     8  requirement of section 25 of the retirement and social security law.
     9    § 5. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  modify  the in-service death benefit for retirement
        eligible tiers 3 through 6 members of  the  New  York  State  and  Local
        Employees'  Retirement  System  who  are  employed  by Suffolk County in
        certain correction officer job titles. The in-service death benefit will
        be the value of the pension reserve as if  the  member  had  retired  on
        their date of death.
          If this legislation is enacted during the 2020 legislative session, we
        anticipate that there will be an increase in the annual contributions of
        Suffolk  County  of  approximately  $190,000  for the fiscal year ending
        March 31, 2021. In the future, this cost will vary as the billing  rates
        and salaries of those affected change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $3.32 million which will
        be  borne  by  Suffolk  County as a one-time payment.   This estimate is
        based on the assumption that payment will be made on February  1,  2021.
        If  Suffolk  County  elects to amortize this cost over a 10-year period,
        the cost for the first year would be $438,000.
          These estimated costs are based on 944 affected  members  employed  by
        Suffolk  County,  with annual salary of approximately $118 million as of
        March 31, 2019.
          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, 2019 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2019
        Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2015,
        2016, 2017, 2018, and 2019 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, 2019
        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  10,  2020, and intended for use only
        during the  2020  Legislative  Session,  is  Fiscal  Note  No.  2020-44,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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