senate Bill S5670A

Provides certain officers 75% disability benefits for injuries sustained in performance of duties as a result of an act of a civilian

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Bill Status


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

  • 03 / Jun / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 12 / Jun / 2013
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 12 / Jun / 2013
    • PRINT NUMBER 5670A
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1565
  • 20 / Jun / 2013
    • SUBSTITUTED BY A7630A

Summary

Provides sheriffs, deputy sheriffs, undersheriffs and correction officers 75% disability benefits for injuries sustained in the performance of duties that are a result of an intentional or reckless act of any civilian visiting or otherwise present at a correctional institution.

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Bill Details

See Assembly Version of this Bill:
A7630A
Versions:
S5670
S5670A
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง607-c, R & SS L

Sponsor Memo

BILL NUMBER:S5670A

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to disability retirement benefits for sheriffs,
deputy sheriffs, undersheriffs, and correction officers

PURPOSE: This bill would provide sheriffs, deputy sheriffs, under
sheriff correction officers at 75% disability benefit for injuries
sustained in the performance of their duties

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill provides sheriffs, deputy sheriffs, under
sheriffs and correction officers with a 75% disability benefit for
injuries sustained in the performance of their duties.

Section three of this bill provides that this act shall take effect
immediately.

JUSTIFICATION: Currently, many correction officers outside of New
York City have a limited 75% disability retirement program that
provides them with service disability retirement if they are
permanently disabled as a result of the direct actions of an inmate.
This local option bill, when enacted, will extend that package to
officers who are seriously, Permanently disabled as a result of the
negligent or intentional actions of visitors to a correctional
facility. Unfortunately, on rare occasions, visitors attempt to bring
contraband (drugs, weapons) into correctional facilities. From time to
rime, certain visitors may become violent with the officer assigned to
security duty, and unfortunately these officers are sometimes left
unable to continue in their job. The usage of this package is not
anticipated to be widespread, but will provide for the security of
affected officer and his cr her family members or such rare occasions.
As a "local option" bill, localities operating correctional facilities
will have the option of electing to offer this disability package to
officers in their employ.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5670--A

                       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.
                                                           LBD11204-03-3

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
salary.
  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-
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 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
System.

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