Bill Text: NY S06217 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes accidental disability retirement for correction officers, correction supervisors, deputy sheriff patrol and deputy sheriff patrol supervisors; provides that the annual retirement allowance payable upon accidental disability retirement shall be a pension of three-quarters of a member's final average salary.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-17 - PRINT NUMBER 6217B [S06217 Detail]

Download: New_York-2019-S06217-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6217--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 23, 2019
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- 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 committee

        AN ACT to amend the retirement and social security law, in  relation  to
          establishing accidental disability retirement for correction officers,
          correction  supervisors,  deputy  sheriff  patrol  and  deputy sheriff
          patrol supervisors

          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 605-f to read as follows:
     3    §  605-f.  Accidental  disability  retirement for correction officers,
     4  correction supervisors, deputy sheriff patrol and deputy sheriff  patrol
     5  supervisors.  a.  A  member employed as a correction officer, correction
     6  supervisor, deputy sheriff patrol and deputy sheriff  patrol  supervisor
     7  shall  be  entitled to an accidental disability retirement allowance if,
     8  at the time application therefor is filed, such member is:
     9    1. Physically or mentally incapacitated for performance of duty as the
    10  natural and proximate result of an  accident,  unless  the  contrary  be
    11  proved  by  competent  evidence,  not  caused  by his or her own willful
    12  negligence, sustained in such service and while actually a member of the
    13  retirement system; and
    14    2. Actually in service upon which his  or  her  membership  is  based.
    15  However,  in  a  case where a member is discontinued from service subse-
    16  quent to the accident, either voluntarily or involuntarily, and provided
    17  that the member meets the requirements of paragraph one of this subdivi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09483-07-0

        S. 6217--B                          2

     1  sion, application may be made not later than two years after the  member
     2  is first discontinued from service.
     3    b.  Application  for an accidental disability retirement allowance for
     4  such a member may be made by:
     5    1. Such member; or
     6    2. The head of the department in which such member is employed; or
     7    3. Any person acting on behalf of and authorized by such member.
     8    c. 1. After the filing of such an application, such  member  shall  be
     9  given  one  or  more  medical examinations. No such application shall be
    10  approved, however, unless the member or some other person on his or  her
    11  behalf  shall have filed written notice in the office of the comptroller
    12  within ninety days after the accident, setting forth:
    13    (a) The time when and the place where such accident occurred; and
    14    (b) The particulars thereof; and
    15    (c) The nature and extent of the member's injuries; and
    16    (d) His or her alleged incapacity.
    17    2. The notice herein required need not be given:
    18    (a) If the notice of such accident shall be filed in  accordance  with
    19  the  provisions  of  the  workers'  compensation law of any state within
    20  which a participating employer  shall  have  its  employees  located  or
    21  performing functions and duties within the normal scope of their employ-
    22  ment; or
    23    (b)  If  the application for accidental disability retirement is filed
    24  within one year after the date of such accident; or
    25    (c) If a failure to file notice has been excused for good cause  shown
    26  as provided by rules and regulations promulgated by the comptroller.
    27    d.  If  the  comptroller  determines  that the member is physically or
    28  mentally incapacitated for the performance  of  duty  and  ought  to  be
    29  retired  for  accidental  disability,  such  member shall be so retired.
    30  Such retirement shall be effective as of a date approved  by  the  comp-
    31  troller.
    32    e.  The annual retirement allowance payable upon accidental disability
    33  retirement shall be a pension of three-quarters  of  his  or  her  final
    34  average  salary.  The  payment  of  such pension shall be subject to the
    35  provisions of section sixty-four of this chapter.
    36    f. If the member, at the time of the filing of  an  application  under
    37  the  provisions  of  subdivision  b  of  this section, is eligible for a
    38  service retirement benefit, then and in that event, he or she may simul-
    39  taneously file an application for service retirement in accordance  with
    40  the  provisions  of  section  seventy of this chapter, provided that the
    41  member indicates on the application for  service  retirement  that  such
    42  application is filed without prejudice to the application for accidental
    43  disability retirement.
    44    g.  Notwithstanding  any  other  provision  of law, this section shall
    45  apply to correction officers,  correction  supervisors,  deputy  sheriff
    46  patrol  and deputy sheriff patrol supervisors who were hired on or after
    47  July twenty-seventh, nineteen hundred seventy-six.
    48    § 2. Notwithstanding any other provision of law to the contrary,  none
    49  of  the  provisions  of  this  act shall be subject to section 25 of the
    50  retirement and social security law.
    51    § 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 county  correction  officers,
        correction  supervisors, deputy sheriff patrol and deputy sheriff patrol
        supervisors to be eligible for an accidental disability if the member is
        physically or mentally incapacitated for  performance  of  duty  as  the

        S. 6217--B                          3

        natural  and  proximate  result  of  an accident, 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. The
        provisions  of  Section  25  of  the  Retirement and Social Security Law
        (RSSL) do not apply.
          If this bill is enacted, the cost will vary depending  on  a  member's
        plan. For members currently covered under the provisions of Article 14-B
        of  the  RSSL,  the  future  annual cost will be 0.3% of salary. For all
        other members, the future annual cost will be 1.4% of  salary.  However,
        there is no cost if an employer has already elected Section 607-c of the
        RSSL.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost which will vary depending on a member's
        plan. For members currently covered under the provisions of Article 14-B
        of the RSSL, the past service cost will be 2.9% of salary. For all other
        members, the past service cost will be 6.3%. However, there is  no  cost
        if an employer has already elected 607-c of the RSSL. This cost would be
        shared  by  the State of New York and all participating employers of the
        New York State and Local Employees' Retirement System.
          The exact number of members who could be affected by this  legislation
        cannot be readily determined.
          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 March 11, 2020, and intended for use only  during
        the  2020  Legislative  Session, is Fiscal Note No. 2020-78, prepared by
        the Actuary for the New York State and Local Retirement System.
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