Assembly Bill A6425A

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

                                 6425--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees -- recommitted to the Committee on Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 607-c of the retirement and social
security law, as added by chapter 639 of the laws of 1999, is amended to
read as follows:
  a.  Any sheriff, deputy sheriff, undersheriff or correction officer as
defined in subdivision a of section sixty-three-b of this  chapter,  and
who  are employed in a county which makes an election pursuant to subdi-
vision d of  such  section  sixty-three-b,  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 any
act of any inmate or any person confined in  an  institution  under  the
jurisdiction  of  such county, OR AS THE NATURAL AND PROXIMATE RESULT OF
AN INJURY SUSTAINED IN THE PERFORMANCE OF DISCHARGE OF ANY ACT PERFORMED
AT THE DIRECTION OF A SUPERVISOR REGARDLESS OF WHETHER SUCH ACT IS WITH-
IN SHERIFF'S, DEPUTY SHERIFF'S, UNDERSHERIFF'S OR  CORRECTION  OFFICER'S
NORMAL  SCOPE  OF  DUTIES 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. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10149-02-2
              

A. 6425--A                          2

  This bill would allow any sheriff,  deputy  sheriff,  undersheriff  or
correction  officer  who  is  currently  covered under the provisions of
Section 607-c of the Retirement and Social Security  Law  to  receive  a
performance  of  duty disability benefit of 75% of final average salary,
less  worker's  compensation. Currently, Section 607-c provides this 75%
of pay benefit only if the disability is the result  of  an  act  of  an
inmate.
  If  this bill is enacted, we anticipate that there will be an increase
in the annual contributions of counties which have  elected  to  provide
the  benefits  of  Section 607-c of approximately 2.8% of payroll of the
affected members for the fiscal year ending March 31, 2013.
  In addition to the annual cost above, there will be immediate one-time
past service costs to  the  affected  counties  which  will  range  from
approximately  6.0%  to  14.4%  of  the payroll of the affected members,
depending on their plan coverage.
  Summary of relevant resources:
  Data:  March 31, 2011 Actuarial Year End  File  with  distributors  of
membership  and  other  statistics  displayed  in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
  Assumptions and Methods: 2010 and 2011  Annual  Report  to  the  Comp-
troller  on  Actuarial  Assumptions,  Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2011 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2011 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fications Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  December  13,  2011, and intended for use only
during the 2012 Legislative  Session,  is  Fiscal  Note  Number  2012-40
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.