S T A T E O F N E W Y O R K
I N S E N A T E
May 22, 2014
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Civil Service and
AN ACT to authorize Darwyn Byer to apply for accidental disability
retirement benefits from the New York state and local police and fire
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any other provision of law, Darwyn Byer,
who is employed by the Nassau County Police Department since March 31,
1995 and is a member of the New York state and local police and fire
retirement system for approximately 17 years, was injured on December
26, 2002 as the result of an on the job accident. Notwithstanding any
rule, regulation or law to the contrary, he shall be entitled to file
for an accidental disability retirement benefit provided by the New York
state and local police and fire retirement system. Such application will
be based upon the full duty standard of a police officer rather than
utilize a light duty standard. Such application must be filed with the
New York state and local police and fire retirement system pursuant to
section 363 of the retirement and social security law no later than
December 31, 2014.
S 2. All costs associated with the implementation of this act shall be
borne by the county of Nassau.
S 3. This act shall take effect immediately.
FISCAL NOTE-- Pursuant to Legislative Law, Section 50:
This bill would provide a different standard for an accidental disa-
bility retirement benefit determination for Darwyn Byer than is current-
ly required by regulations promulgated by the State Comptroller.
Specifically, the bill would require that the State Comptroller render a
determination as to whether Mr. Byer is entitled to such disability
benefit based upon a "full duty standard" rather than the "light duty
standard" required by Title 2 of the New York Codes, Rules and Regu-
lations Part 364 for such a determination on an application for benefits
filed by or on behalf of Darwyn Byer or anyone else similarly situated.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7644 2
If this bill is enacted and a disability benefit is granted, there
will be an immediate past service cost of approximately $432,000 which
will be borne by Nassau County as a one-time payment. This estimate is
based on the assumption that payment will be made on February 1, 2015.
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 May 15, 2014 and intended for use only during the
2014 Legislative Session, is Fiscal Note No. 2014-122, prepared by the
Actuary for the New York State and Local Police and Fire Retirement