Bill Text: NY A09909 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2018-12-07 - tabled [A09909 Detail]

Download: New_York-2017-A09909-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9909
                   IN ASSEMBLY
                                    February 22, 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
          accidental disability retirement  for  uniformed  court  officers  and
          peace officers employed in the unified court system
          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 605-a of the retirement and social
     2  security law, as amended by chapter 489 of the laws of 2008, is  amended
     3  to read as follows:
     4    a.  A member employed as a uniformed court officer or peace officer in
     5  the unified court system shall be entitled to an  accidental  disability
     6  retirement allowance if, at the time application therefor is filed, such
     7  member is:
     8    1. Physically or mentally incapacitated for performance of duty as the
     9  natural  and  proximate  result of an accident, not caused by his or her
    10  own willful negligence, sustained in such service and while  actually  a
    11  member of the retirement system; and
    12    2.  Actually  in  service  upon  which his or her membership is based.
    13  However, in a case where a member is discontinued  from  service  subse-
    14  quent to the accident, either voluntarily or involuntarily, and provided
    15  that the member meets the requirements of paragraph one of this subdivi-
    16  sion,  application  may  be made either (a) by a vested member incapaci-
    17  tated as the result of a qualifying  World  Trade  Center  condition  as
    18  defined  in  section  two  of this chapter at any time, or (b) not later
    19  than two years after the member is first discontinued from service.
    20    For purposes of this subdivision, a  member  who  is  injured  as  the
    21  result  of a physical assault by an assailant, suffered while in service
    22  shall be entitled to accidental disability retirement unless the contra-
    23  ry can be proven by competent evidence under this section.
    24    § 2. Notwithstanding any other provision of law to the contrary,  none
    25  of  the  provisions  of  this  act shall be subject to section 25 of the
    26  retirement and social security law.
    27    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05085-04-7
        A. 9909                             2
          FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
          This  bill would allow Tier 3, 4, 5 and 6 uniformed court officers and
        peace officers in the unified court system to be eligible for  an  acci-
        dental  disability for injuries sustained in the performance of duty and
        the result of an injury sustained in the  performance  or  discharge  of
        duty  by  or  as  the  result  of an assault by an assailant, unless the
        contrary be proven by competent evidence. The benefit for an  accidental
        disability  would  be  75% of final average salary less worker's compen-
        sation.
          If this bill is enacted, the cost will vary depending on the  members'
        age,  service,  tier  and  salary.  It is estimated that the average per
        person cost will be approximately three (3) times salary.
          The exact number of members who could be affected by this  legislation
        cannot  be readily determined. In all likelihood, very few members would
        be affected.
          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 December 19, 2017,  and  intended  for  use  only
        during  the  2018  Legislative  Session,  is  Fiscal  Note  No. 2018-25,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.