S T A T E O F N E W Y O R K
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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
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
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