Bill Text: NY S03675 | 2019-2020 | 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 1-0)

Status: (Vetoed) 2019-12-20 - VETOED MEMO.262 [S03675 Detail]

Download: New_York-2019-S03675-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3675
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07905-02-9
        S. 3675                             2
     1    § 2. Notwithstanding any other provision of law to the contrary,  none
     2  of  the  provisions  of  this  act shall be subject to section 25 of the
     3  retirement and social security law.
     4    § 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 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 as
        the result of a physical 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 compensation.
          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 would 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, 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  January  23,  2019,  and intended for use only
        during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-40,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.