Bill Text: NY S05153 | 2013-2014 | General Assembly | Amended

New York Senate Bill 5153 (Prior Session Legislation)

Bill Title: Provides a performance of duty disability to Suffolk county probation officers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2014-12-17 - VETOED MEMO.559 [S05153 Detail]

Download: New_York-2013-S05153-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5153--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2013
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
         accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to amend the retirement and social security law, in relation to
         probation officers in the Suffolk county department of probation
         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 63-g to read as follows:
    3    S  63-G. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOYEES.
    4  ANY MEMBER EMPLOYED BY THE SUFFOLK  COUNTY  PROBATION  DEPARTMENT  AS  A
    5  PROBATION  OFFICER, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR
    6  THE PERFORMANCE OF DUTIES AS THE NATURAL  AND  PROXIMATE  RESULT  OF  AN
    7  INJURY  SUSTAINED  IN  THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES
    8  SHALL BE PAID A PERFORMANCE  OF  DUTY  DISABILITY  RETIREMENT  ALLOWANCE
    9  EQUAL TO ONE-HALF HIS OR HER FINAL AVERAGE SALARY.
   10    S 2. The retirement and social security law is amended by adding a new
   11  section 607-i to read as follows:
   12    S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOYEES.
   13  ANY  MEMBER  EMPLOYED  BY  THE  SUFFOLK COUNTY PROBATION DEPARTMENT AS A
   14  PROBATION OFFICER, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED  FOR
   15  THE  PERFORMANCE  OF  DUTIES  AS  THE NATURAL AND PROXIMATE RESULT OF AN
   16  INJURY SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS  OR  HER  DUTIES
   17  SHALL  BE  PAID  A  PERFORMANCE  OF DUTY DISABILITY RETIREMENT ALLOWANCE
   18  EQUAL TO ONE-HALF HIS OR HER FINAL AVERAGE SALARY.
   19    S 3. This act shall take effect immediately.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10682-04-4
       S. 5153--A                          2
         This bill would provide  improved  disability  benefits  to  probation
       officers employed by the Suffolk County probation department. They would
       be  eligible  for  a performance of duty disability retirement allowance
       which would be 50% of final average salary.
         If this legislation is enacted during the 2014 legislative session, we
       anticipate  that  there will be an increase of approximately $218,000 in
       the annual contributions of the  Suffolk  County  for  the  fiscal  year
       ending March 31, 2015. In future years, this cost will vary as the bill-
       ing 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 $1.0 million which will
       be borne by Suffolk County as a onetime payment. This estimate is  based
       on the assumption that payment will be made on February 1, 2015.
         These estimated costs are based on 214 known affected members having a
       total  salary for the fiscal year ending March 31, 2014 of approximately
       $18.8 million.
         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, 2013 actuarial valu-
       ation.  Distributions and other statistics can  be  found  in  the  2013
       Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
       Report.
         The actuarial assumptions and methods used are described in the  2010,
       2011,  2012  and  2013  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, 2013
       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 March 21, 2014 and intended for use  only  during
       the  2014  Legislative Session, is Fiscal Note No. 2014-102, prepared by
       the Actuary for the New  York  State  and  Local  Employees'  Retirement
       System.