S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
June 3, 2013
Introduced by COMMITTEE ON RULES -- 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
AN ACT to amend the retirement and social security law, in relation to
disability retirement benefits for sheriffs, deputy sheriffs, undersh-
eriffs, and correction officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 607-c of the retirement and social security law is
amended by adding a new subdivision f to read as follows:
F. ANY SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS
DEFINED IN SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS CHAPTER, AND
WHO ARE EMPLOYED IN A COUNTY WHICH MAKES AN ELECTION PURSUANT TO SUBDI-
VISION D OF SUCH SECTION SIXTY-THREE-B, 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 BY, OR AS THE NATURAL AND PROXIMATE RESULT OF AN
INTENTIONAL OR RECKLESS ACT OF ANY CIVILIAN VISITING, OR OTHERWISE PRES-
ENT AT, AN INSTITUTION UNDER THE JURISDICTION OF SUCH COUNTY, SHALL BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
S 2. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
S 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow any sheriff, undersheriff, deputy sheriff or
correction officer whose employer has elected to provide the performance
of duty benefits of Section 607-c of the Retirement and Social Security
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5670--A 2
Law to become eligible to receive such performance of duty benefit due
to the intentional or reckless act of a civilian visiting an institution
under the jurisdiction of such county. The benefit will be 75% of final
average salary less worker's compensation. Currently, to be eligible for
such improved benefit, it is required that such injuries were sustained
as the result of an "act of an inmate".
If this bill is enacted, it is estimated that very few members will be
affected. For every such affected member, we estimate that there will be
an average one-time cost of approximately 4 times the member's annual
Pursuant to Section 25 of the Retirement and Social Security Law,
these per person one-time costs would be borne by the State of New York
and would require an itemized appropriation by the State of New York
sufficient to pay the cost of the provision. The State may amortize
these per person one-time costs over a period of 5 years.
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-
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 March 7, 2013, and intended for use only during
the 2013 Legislative Session, is Fiscal Note No. 2013-92, prepared by
the Actuary for the New York State and Local Employees' Retirement