senate Bill S6799

Signed by Governor

Provides certain officers in Westchester county 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 by Governor
view actions

actions

  • 12 / Mar / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1513
  • 18 / Jun / 2014
    • HOME RULE REQUEST
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A9045
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.551
  • 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
    • SIGNED CHAP.521

Summary

Provides sheriffs, deputy sheriffs, undersheriffs and correction officers in Westchester county 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:
A9045
Versions:
S6799
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง607-c, R & SS L

Sponsor Memo

BILL NUMBER:S6799

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 in Westchester
county

PURPOSE:

This bill would allow disability benefits for sheriffs, deputy
sheriffs, under sheriffs and correction officers in Westchester
County.

SUMMARY OF PROVISIONS:

This bill adds a new subdivision f of section 607-c of the retirement
and social security law.

JUSTIFICATION:

Currently, many correction officers outside of New York City,
including Westchester County, have a limited 75% disability retirement
program that provides them with service disability retirement if they
are permanently disabled as the result of the direct actions of an
inmate. This bill, when enacted, will extend that package to officers
in Westchester 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
time, 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
anticipated to be rare, but it will provide for the security of an
affected officer and his or her family members on such occasions.

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
________________________________________________________________________

                                  6799

                            I N  S E N A T E

                             March 12, 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
  disability retirement benefits for sheriffs, deputy sheriffs, undersh-
  eriffs, and correction officers in Westchester county

  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  WESTCHESTER  COUNTY,  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 employed by Westchester County to become eligible to
receive a 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".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14176-02-4

S. 6799                             2

  If this legislation is enacted during the 2014 legislative session, we
anticipate that there will be an increase in the annual contributions of
Westchester County of approximately $220,000 for the fiscal year  ending
March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service  cost  of approximately $1.05 million which
would be borne by the Westchester County as  a  one-time  payment.  This
estimate  is based on the assumption that payment will be made on Febru-
ary 1, 2015.
  These estimated costs are based on 822 sheriffs, undersheriffs, deputy
sheriffs and correction officers employed by Westchester County  with  a
total  estimated  annual  salary  of  approximately $100 million for the
fiscal year ending March 31, 2013.
  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 March 4, 2014, and intended for use  only  during
the  2014  Legislative  Session, is Fiscal Note No. 2014-98, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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