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

                                  6800

                            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 Nassau 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 IS EMPLOYED IN NASSAU 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  PRESENT  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  Nassau  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.
                                                           LBD14175-02-4
              

S. 6800                             2

  If this legislation is enacted during the 2014 legislative session, we
anticipate that there will be an increase in the annual contributions of
Nassau County of approximately $240,000 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 $1.14 million which
would be borne by the Nassau County as a one-time payment. This estimate
is based on the assumption that payment will  be  made  on  February  1,
2015.
  These estimated costs are based on 1134 sheriffs, undersheriffs, depu-
ty  sheriffs  and  correction  officers employed by Nassau County with a
total estimated annual salary of  approximately  $111  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.  2014-99,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.