senate Bill S5153

Vetoed Amended

Provides a performance of duty disability to Suffolk county probation officers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 13 / May / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 24 / Apr / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 24 / Apr / 2014
    • PRINT NUMBER 5153A
  • 19 / May / 2014
    • 1ST REPORT CAL.788
  • 20 / May / 2014
    • 2ND REPORT CAL.
  • 21 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • HOME RULE REQUEST
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A8160A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.546
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • VETOED MEMO.559

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8160
Versions:
S5153
S5153A
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Add ยงยง63-g & 607-i, R & SS L

Sponsor Memo

BILL NUMBER:S5153

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to probation officers in the Suffolk county
department of probation

PURPOSE: To provide Suffolk County Probation Officers with a
performance of duty disability retirement equal to one-half of their
final average salary.

SUMMARY OF PROVISIONS:

Section 1 amends the retirement and social security law by adding a
new section 63-g which specifies that if a probation officer employed
by the Suffolk County Probation department is injured during the
performance of his or her duties, he or she shall be entitled to a
performance of duty disability retirement allowance equal to one-half
his or her final average salary.

Section 2 amends the retirement and social security law by adding a
new section 607-i which specifies that if a probation officer employed
by the Suffolk County Probation department is injured during the
performance of his or her duties, he or she shall be entitled to a
performance of duty disability retirement allowance equal to one-half
his or her final average salary.

EXISTING LAW: Currently, if a Suffolk County Probation Officer is
injured in the line of duty, he or she can only receive a performance
of duty disability retirement equal to one-third his or her final
average salary.

JUSTIFICATION: Suffolk County Probation Officers undergo intensive
public safety and rehabilitation training, including the use of
firearms. They are classified as peace officers under New York State
Criminal Procedure Law During a typical year, Suffolk County Probation
Officers supervise approximately 14,000 felony/misdemeanor offenders
in the community This includes executing felony arrest warrants,
conducting warrantless searches for weapons and narcotics,
confiscating contraband and making summary arrests. In addition, they
serve on the US Marshals Regional Fugitive Task Force, FBI Task Force,
East End Drug Task Force, and actively participate in anti- gang
programs The violent criminal backgrounds of many of the offenders
they supervise on a daily basis make their job inherently dangerous.

Presently, the Suffolk County Probation Officers are entitled to a
performance of duty disability retirement equal to one-third their
final average salary Suffolk County Correction Officers are also
classified as peace officers under New York State law. They are
afforded a performance of duty disability retirement equal to one-half
their final average salary, Extending the same performance of duty
disability retirement will provide the Suffolk County Probation
Officers parity and consistency with all of the other Suffolk County
law enforcement officers .

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.


EFFECTIVE DATE: Immediately.

view bill text
                    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:

  Section 1. The retirement and social security law is amended by adding
a new section 63-g to read as follows:
  S 63-G. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN  EMPLOYEES.
ANY  MEMBER  EMPLOYED  BY  THE  SUFFOLK COUNTY PROBATION DEPARTMENT AS A
PROBATION OFFICER, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED  FOR
THE  PERFORMANCE  OF  DUTIES  AS  THE NATURAL AND PROXIMATE RESULT OF AN
INJURY SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS  OR  HER  DUTIES
SHALL  BE  PAID  A  PERFORMANCE  OF DUTY DISABILITY RETIREMENT ALLOWANCE
EQUAL TO ONE-HALF HIS OR HER FINAL AVERAGE SALARY.
  S 2. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
  S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOYEES.
ANY MEMBER EMPLOYED BY THE SUFFOLK  COUNTY  PROBATION  DEPARTMENT  AS  A
PROBATION  OFFICER, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR
THE PERFORMANCE OF DUTIES AS THE NATURAL  AND  PROXIMATE  RESULT  OF  AN
INJURY  SUSTAINED  IN  THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES
SHALL BE PAID A PERFORMANCE  OF  DUTY  DISABILITY  RETIREMENT  ALLOWANCE
EQUAL TO ONE-HALF HIS OR HER FINAL AVERAGE SALARY.
  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.

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