senate Bill S6757

Vetoed Amended

Relates to accidental disability retirement for uniformed court officers and peace officers employed in the unified court system

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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

  • 06 / Mar / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 28 / Apr / 2014
    • 1ST REPORT CAL.390
  • 29 / Apr / 2014
    • 2ND REPORT CAL.
  • 30 / Apr / 2014
    • ADVANCED TO THIRD READING
  • 19 / May / 2014
    • AMENDED ON THIRD READING 6757A
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 11 / Jun / 2014
    • SUBSTITUTED FOR A7128B
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.141
  • 11 / Jun / 2014
    • PASSED ASSEMBLY
  • 11 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • VETOED MEMO.562

Summary

Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

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Bill Details

Versions:
S6757
S6757A
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง605-a, R & SS L

Votes

10
0
10
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Civil Service and Pensions committee vote details

Sponsor Memo

BILL NUMBER:S6757

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to accidental disability retirement for uniformed
court officers and peace officers employed in the unified court system

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to accidental disability retirement for uniformed
court officers and peace officers employed in the unified court system

PURPOSE: This bill would allow a member who is injured as the result
of a physical assault by an assailant, which causes them to he
physically or mentally incapacitated for performance of their duties
while in service shall be entitled to accidental disability retirement
unless the contrary can be proven.

SUMMARY OF PROVISIONS: This bill amends subdivision a of section
605-a of the retirement and social security law

JUSTIFICATION: A member employed as a uniformed court officer or
peace officer who is assaulted while serving within the capacity of
their job, and therefore becomes physically or mentally incapacitated
to complete the duties of their job, should be eligible to receive an
accidental retirement and all applicable benefits. While working
within the full capacity of their job a uniformed court officer or
peace officer should be assured that they will be eligible for an
accidental retirement when they are injured due to an incident
completely out of their control.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: See the bill.

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
________________________________________________________________________

                                  6757

                            I N  S E N A T E

                              March 6, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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
  accidental  disability  retirement  for  uniformed  court officers and
  peace officers employed in the unified court system

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 605-a of the retirement and social
security  law, as amended by chapter 489 of the laws of 2008, is amended
to read as follows:
  a. A member employed as a uniformed court officer or peace officer  in
the  unified  court system shall be entitled to an accidental disability
retirement allowance if, at the time application therefor is filed, such
member is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, not caused by his own will-
ful negligence, sustained in such service and while actually a member of
the retirement system; and
  2. Actually in service upon which his  or  her  membership  is  based.
However,  in  a  case where a member is discontinued from service subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion, application may be made either (a) by a  vested  member  incapaci-
tated  as  the  result  of  a qualifying World Trade Center condition as
defined in section two of this chapter at any time,  or  (b)  not  later
than two years after the member is first discontinued from service.
  FOR  PURPOSES  OF  THIS  SUBDIVISION,  A  MEMBER WHO IS INJURED AS THE
RESULT OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN  SERVICE
SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA-
RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill would allow Tier 3, 4, 5 and 6 uniformed court officers and
peace officers in the unified court system to be eligible for  an  acci-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-06-4

S. 6757                             2

dental  disability for injuries sustained in the performance of duty and
the result of an injury sustained in the  performance  or  discharge  of
duty  by  or  as  the  result  of an assault by an assailant, unless the
contrary  be proven by competent evidence. The benefit for an accidental
disability would be 75% of final average salary  less  worker's  compen-
sation.
  If  this bill is enacted, the cost will vary depending on the members'
age, service, tier and salary. It is  estimated  that  the  average  per
person cost will be approximately three (3) times salary.
  The  exact number of members who could be affected by this legislation
cannot be readily determined. In all likelihood, very few members  would
be affected.
  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, 2013  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2013
Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013  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, 2013
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  estimate,  dated  February  11,  2014  and intended for use only
during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-81,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

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