Senate Bill S1709

2009-2010 Legislative Session

Provides retirement benefits for members employed by the department of correctional services who are injured in the performance of their duties

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2010	print number 1709a
Feb 05, 2010	amend and recommit to civil service and pensions
Jan 06, 2010	referred to civil service and pensions
Feb 05, 2009	referred to civil service and pensions

Bill Amendments

Original

A (Active)

co-Sponsors

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2009-S1709 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§63-a, 444 & 607-a, R & SS L

2009-S1709 - Summary

Provides all non-correction officer members of the NYS&LERS who are employed by the state department of correctional services with a performance of duty disability retirement coverage; provides that the benefit of this new coverage would be a retirement allowance of seventy-five percent of final average salary.

2009-S1709 - Sponsor Memo

2009-S1709 - Bill Text download pdf

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

                                  1709

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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
  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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05419-01-9

S. 1709                             2

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
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

S. 1709                             3

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; provided, however, that
the amendments to subdivision a of section 607-a of the  retirement  and
social  security  law  made by section three of this act shall expire on
the same date as article 15 of the retirement and  social  security  law
expires pursuant to section 615 of such law.
  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 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 $2.3 million in the annual contributions of the State of New
York for the fiscal year ending March 31, 2010.
  This estimate is based on approximately 10,673 non-correction officers
employed  by the State Department of Correctional Services with an esti-
mated annual salary for the fiscal year ending March 31, 2008 of approx-
imately $486 million.
  This estimate, dated December 4, 2008 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No.  2009-49,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

co-Sponsors

View additional co-sponsors

2009-S1709A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§63-a, 444 & 607-a, R & SS L

2009-S1709A (ACTIVE) - Summary

2009-S1709A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1709A

 TITLE OF BILL :
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


 PURPOSE :
This legislation would provide civilian employees of the Department of
Correctional Services the same disability retirement benefits that are
granted to correction officers.

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
will qualify them for the performance of duty disability benefit.

 SUMMARY OF PROVISIONS :
Amends subdivision (a) of Section 63-a, subdivision (a) of Section 444

and subdivision (a) of Section 607-a of the Retirement and Social
Security Law.

 JUSTIFICATION :
Employees of the Department of Correctional Services are exposed to
many hazards in the course of their duties that occasionally lead to
injuries and disabling conditions. In recognition of this, Chapter 722
of the Laws of 1996 granted improved disability retirement benefits in
certain cases to uniformed personnel in the Department for Security
Hospital Treatment Assistants. This bill would give the same benefits
to civil personnel in the Department who are exposed to the very same
hazards. For example, nurses in prison infirmaries are subject to
exposure to infectious diseases such as tuberculosis, to at least the
same degree or even a greater degree as correction officers. These
employees should be given the same benefits if they are disabled.

 LEGISLATIVE HISTORY :
2009 Session: S.1709 - Referred to Civil Service and Pensions

 FISCAL IMPLICATIONS :
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 estimated annual
salary for the fiscal year ending March 31, 2008 of approximately $519
million.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1709A (ACTIVE) - Bill Text download pdf

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

                                 1709--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by Sens. SAVINO, ADDABBO, DIAZ, MONSERRATE, ONORATO, PARKER,
  SAMPSON, STAVISKY -- read twice and ordered printed, and when  printed
  to  be  committed  to  the  Committee on Civil Service and Pensions --
  recommitted to the Committee on Civil Service and Pensions in  accord-
  ance with Senate Rule 6, sec. 8 -- 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.
                                                           LBD05419-03-0

S. 1709--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

S. 1709--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.

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Senate Bill S1709

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

co-Sponsors

2009-S1709 - Details

2009-S1709 - Summary

2009-S1709 - Sponsor Memo

2009-S1709 - Bill Text download pdf

co-Sponsors

2009-S1709A (ACTIVE) - Details

2009-S1709A (ACTIVE) - Summary

2009-S1709A (ACTIVE) - Sponsor Memo

2009-S1709A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S1709

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Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

co-Sponsors

2009-S1709 - Details

2009-S1709 - Summary

2009-S1709 - Sponsor Memo

2009-S1709 - Bill Text download pdf

co-Sponsors

2009-S1709A (ACTIVE) - Details

2009-S1709A (ACTIVE) - Summary

2009-S1709A (ACTIVE) - Sponsor Memo

2009-S1709A (ACTIVE) - Bill Text download pdf

Comments