Bill Text: NY A10400 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to including assistant wardens as eligible members for performance of duty disability retirement benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-08 - reported referred to ways and means [A10400 Detail]

Download: New_York-2015-A10400-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10400
                   IN ASSEMBLY
                                      May 25, 2016
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Governmental Employees
        AN ACT to amend the retirement and social security law, in  relation  to
          including  assistant  wardens  as  eligible members for performance of
          duty disability retirement benefits
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions  a,  b  and  paragraph 2 of subdivision d of
     2  section 63-b of the retirement and social  security  law,  as  added  by
     3  chapter 639 of the laws of 1999, are amended to read as follows:
     4    a.  A  member employed by a county shall be eligible for a performance
     5  of duty disability retirement if the county elects to make the  benefits
     6  provided  herein  available,  as  provided  for in subdivision d of this
     7  section, and such member is a  sheriff,  deputy  sheriff,  undersheriff,
     8  assistant warden or correction officer.
     9    b.  Any  sheriff,  deputy  sheriff,  undersheriff, assistant warden or
    10  correction officer as defined in subdivision  a  of  this  section,  who
    11  becomes  physically  or  mentally  incapacitated  for the performance of
    12  duties as the natural and proximate result of an  injury,  sustained  in
    13  the  performance or discharge of his or her duties by, or as the natural
    14  and proximate result of an act of any inmate or any person  confined  in
    15  an  institution  under  the jurisdiction of such county, shall be paid a
    16  performance of duty disability retirement allowance equal to that  which
    17  is  provided  in  section  sixty-three  of  this  title,  subject to the
    18  provisions of section sixty-four of this title.
    19    2. The performance of duty disability retirement as defined in  subdi-
    20  visions  b  and  c  of this section shall be available only to sheriffs,
    21  deputy sheriffs, undersheriffs, assistant wardens and  correction  offi-
    22  cers whose employer elects to provide such benefits by adopting a resol-
    23  ution  to such effect and filing a certified copy thereof with the comp-
    24  troller. Such resolution shall be accompanied by the  affidavit  of  the
    25  chief  executive  officer  of the county that the county has received an
    26  estimate from the retirement system of the cost of the benefit  provided
    27  by this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15490-02-6
        A. 10400                            2
     1    §  2.  Subdivisions  a  and  f  of section 607-c of the retirement and
     2  social security law, subdivision a as added by chapter 639 of  the  laws
     3  of  1999  and subdivision f as added by chapter 521 of the laws of 2014,
     4  are amended to read as follows:
     5    a.  Any  sheriff,  deputy  sheriff,  undersheriff, assistant warden or
     6  correction officer as defined in subdivision a of section  sixty-three-b
     7  of  this  chapter,  and  who  are  employed  in  a county which makes an
     8  election pursuant to subdivision d of such  section  sixty-three-b,  who
     9  becomes  physically  or  mentally  incapacitated  for the performance of
    10  duties as the natural and proximate result of an  injury,  sustained  in
    11  the  performance or discharge of his or her duties by, or as the natural
    12  and proximate result of any act of any inmate or any person confined  in
    13  an  institution  under  the jurisdiction of such county, shall be paid a
    14  performance of duty disability retirement allowance equal to that  which
    15  is  provided  in  section  sixty-three  of  this chapter, subject to the
    16  provisions of section sixty-four of this chapter.
    17    f. Any sheriff, deputy  sheriff,  undersheriff,  assistant  warden  or
    18  correction  officer as defined in subdivision a of section sixty-three-b
    19  of this chapter, and who are employed in Westchester county, who becomes
    20  physically or mentally incapacitated for the performance  of  duties  as
    21  the natural and proximate result of an injury, sustained in the perform-
    22  ance  or discharge of his or her duties by, or as the natural and proxi-
    23  mate result of an intentional or reckless act of any civilian  visiting,
    24  or  otherwise  present at, an institution under the jurisdiction of such
    25  county, shall be paid a performance of duty disability retirement allow-
    26  ance equal to that which is provided  in  section  sixty-three  of  this
    27  chapter,  subject  to the provisions of section sixty-four of this chap-
    28  ter.
    29    § 3. This act shall take effect immediately.
          FISCAL NOTE. -- This bill will grant  coverage  under  a  75%  of  pay
        performance  of  duty  disability  benefit  for  assistant wardens whose
        employers already have elected to provide this benefit for  their  sher-
        iff, undersheriff, deputy sheriffs and correction officers.
          If  this  bill is enacted, the increase in the annual contributions of
        such affected counties will depend on the current salary and plan cover-
        age of the affected members in its employ. For the  fiscal  year  ending
        March 31, 2017, the additional annual cost for members in tiers 3, 4 and
        5,  and  tier 6 will be 2.1% and 1.9% of the affected wardens' salaries,
        respectively. In future years, this annual cost will vary as the billing
        rates of these plans change.
          There would also be a one-time past  service  cost  of  12.9%  of  the
        affected  wardens'  annual  salaries.  This  cost would be shared by the
        State of New York and the participating employers in the New York  State
        and Local Employees' Retirement System.
          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, 2015  actuarial  valu-
        ation.  Distributions  and  other  statistics  can  be found in the 2015
        Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2015
        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, 2015
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
        A. 10400                            3
          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 24, 2016, and intended for use only during
        the 2016 Legislative Session, is Fiscal Note No. 2016-102,  prepared  by
        the Actuary for the New York State and Local Retirement System.