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

                                  5085

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2011
                               ___________

Introduced  by  M. of A. ABBATE -- Multi-Sponsored by -- M. of A. AUBRY,
  BOYLAND, CLARK, COLTON, COOK, CYMBROWITZ, GABRYSZAK, HOOPER,  PHEFFER,
  REILLY,  J. RIVERA,  SCHROEDER,  TITONE,  WEISENBERG  -- read once and
  referred to the Committee on Governmental Employees

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07896-01-1
              

A. 5085                             2

  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
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

A. 5085                             3

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 $10.3 million in the annual contributions of  the  State  of
New York for the fiscal year ending March 31, 2012.
  This estimate is based on approximately 10,551 non-correction officers
employed  by the State Department of Correctional Services with an esti-
mated annual salary for the fiscal year ending March 31, 2010 of approx-
imately $524 million.
  This estimate, dated November 24,  2010  and  intended  for  use  only
during  the  2011  Legislative  Session,  is  Fiscal  Note  No. 2011-31,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.