S T A T E O F N E W Y O R K
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2434--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. ABBATE, CYMBROWITZ, COLTON, PHEFFER, BOYLAND,
AUBRY, CLARK, JOHN, J. RIVERA, WEISENBERG, REILLY, SCHROEDER --
Multi-Sponsored by -- M. of A. COOK, GABRYSZAK, HOOPER, TITONE -- read
once and referred to the Committee on Governmental Employees -- recom-
mitted to the Committee on Governmental Employees in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to
benefits for members employed by the state in the department of
correctional services, who are injured in the performance of their
duties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 63-a of the retirement and social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
a. Any member in the uniformed personnel in institutions under the
jurisdiction of the department of correctional services or a security
hospital treatment assistant, as those terms are defined in subdivision
i of section eighty-nine of this article OR A MEMBER EMPLOYED BY THE
STATE IN THE DEPARTMENT OF CORRECTIONAL SERVICES, 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 act of any inmate or any person confined in an institution
under the jurisdiction of the department of correctional services or
office of mental health, or by any person who has been committed to such
institution by any court shall be paid a performance of duty disability
retirement allowance equal to that which is provided in section sixty-
three of this title, subject to the provisions of section sixty-four of
this title.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05419-02-0
A. 2434--A 2
S 2. Subdivision a of section 444 of the retirement and social securi-
ty law, as amended by chapter 625 of the laws of 2007, is amended to
read as follows:
a. Except as provided in subdivision c of section four hundred forty-
five-a of this article, subdivision c of section four hundred forty-
five-b of this article, subdivision c of section four hundred forty-
five-c of this article, subdivision c of section four hundred
forty-five-d of this article as added by chapter four hundred seventy-
two of the laws of nineteen hundred ninety-five, subdivision c of
section four hundred forty-five-e of this article, subdivision c of
section four hundred forty-five-f of this article and subdivision c of
section four hundred forty-five-h of this article, the maximum retire-
ment benefit computed without optional modification provided to a member
of a retirement system who is subject to the provisions of this article,
other than a police officer, a firefighter, an investigator member of
the New York city employees' retirement system, a member of the
uniformed personnel in institutions under the jurisdiction of the New
York city department of correction who receives a performance of duty
disability retirement allowance, a member of the uniformed personnel in
institutions under the jurisdiction of the department of correctional
services or a security hospital treatment assistant, as those terms are
defined in subdivision i of section eighty-nine of this chapter OR A
MEMBER EMPLOYED BY THE STATE IN THE DEPARTMENT OF CORRECTIONAL SERVICES,
who receives a performance of duty disability retirement allowance, a
member of a teachers' retirement system, New York city employees'
retirement system, New York city board of education retirement system or
a member of the New York state and local employees' retirement system or
a member of the New York city employees' retirement system or New York
city board of education retirement system employed as a special officer,
parking control specialist, school safety agent, campus peace officer,
taxi and limousine inspector or a police communications member and who
receives a performance of duty disability pension, from funds other than
those based on a member's own or increased-take-home-pay contributions,
shall, before any reduction for early retirement, be sixty per centum of
the first fifteen thousand three hundred dollars of final average sala-
ry, and fifty per centum of final average salary in excess of fifteen
thousand three hundred dollars, and forty per centum of final average
salary in excess of twenty-seven thousand three hundred dollars,
provided, however, that the benefits provided by subdivision c of
section four hundred forty-five-d of this article as added by chapter
four hundred seventy-two of the laws of nineteen hundred ninety-five
based upon the additional member contributions required by subdivision d
of such section four hundred forty-five-d shall be subject to the maxi-
mum retirement benefit computations set forth in this section. The maxi-
mum retirement benefit computed without optional modification payable to
a police officer, an investigator member of the New York city employees'
retirement system or a firefighter shall equal that payable upon
completion of thirty years of service, except that the maximum service
retirement benefit computed without optional modification shall equal
that payable upon completion of thirty-two years of service.
S 3. Subdivision a of section 607-a of the retirement and social secu-
rity law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
a. Any security hospital treatment assistant, as that term is defined
in subdivision i of section eighty-nine of this chapter OR A MEMBER
EMPLOYED BY THE STATE IN THE DEPARTMENT OF CORRECTIONAL SERVICES, who
A. 2434--A 3
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 act of any person confined in an institution
under the jurisdiction of the office of mental health, or by any person
who has been committed to such institution by any court 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 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide all non-Correction Officer members of the New
York State and Local Employees' Retirement System who are employed by
the State Department of Correctional Services with a performance of duty
disability retirement coverage. The benefit for this new coverage would
be a retirement allowance of 75% of final average salary. However, the
payment of this allowance would be subject to the provisions of Section
64 of the Retirement and Social Security Law. In addition, for these
members, contracting tuberculosis, HIV or hepatitis, or any impairment
of health caused by diseases of the heart, will qualify them for the
performance of duty disability benefit.
If this bill is enacted, we anticipate that there will be an increase
of at least $4.3 million in the annual contributions of the State of New
York for the fiscal year ending March 31, 2011.
This estimate is based on approximately 10,055 non-correction officers
employed by the State Department of Correctional Services with an esti-
mated annual salary for the fiscal year ending March 31, 2009 of approx-
imately $519 million.
This estimate, dated December 4, 2009 and intended for use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-16, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.