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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5153
                              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
       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.--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 2013 legislative session, we
       anticipate that there will be an increase of approximately  $226,000  in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10682-03-3
       S. 5153                             2
       the  annual  contributions  of  the  Suffolk  County for the fiscal year
       ending March 31, 2014.
         In addition to the annual contributions discussed above, there will be
       an  immediate  past service cost of approximately $970,000 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, 2014.
         These estimated costs are based on 214 known affected members having a
       total  salary for the fiscal year ending March 31, 2013 of approximately
       $17.9 million.
         Summary of relevant resources:
         Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
       membership  and  other  statistics  displayed  in the 2012 Report of the
       Actuary and 2012 Comprehensive Annual Financial Report.
         Assumptions and Methods: 2010, 2011 and  2012  Annual  Report  to  the
       Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
       State of New York: Audit and Control.
         Market  Assets and GASB Disclosures: March 31, 2012 New York State and
       Local Retirement System Financial Statements and Supplementary  Informa-
       tion.
         Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
       the 2012 Actuarial Valuations report.
         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 May 10, 2013 and intended for use only during the
       2013 Legislative Session, is Fiscal Note No. 2013-144, prepared  by  the
       Actuary for the New York State and Local Employees' Retirement System.