Assembly Bill A9896

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

                                  9896

                          I N  A S S E M B L Y

                             April 20, 2012
                               ___________

Introduced  by  M.  of  A.  THIELE,  ENGLEBRIGHT,  RAMOS, SWEENEY, GRAF,
  LOSQUADRO, MURRAY, RAIA -- Multi-Sponsored by -- M.  of  A.  CONTE  --
  read once and referred to the Committee on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  performance of duty disability retirement allowance for  deputy  sher-
  iffs employed by Suffolk county

  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] EXCEPT THOSE DEPUTY SHERIFFS DESCRIBED IN SUBDIVISION A-1  OF
THIS  SECTION,  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 pursu-
ant  to  subdivision  d of such section sixty-three-b, who becomes phys-
ically 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, 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.   Section 607-c of the retirement  and  social  security  law  is
amended by adding a new subdivision a-1 to read as follows:
  A-1.  ANY  DEPUTY  SHERIFF  EMPLOYED  BY  THE SUFFOLK COUNTY SHERIFF'S
OFFICE WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORM-
ANCE OF DUTIES AS  THE  NATURAL  AND  PROXIMATE  RESULT  OF  AN  INJURY,
SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14967-04-2
              

A. 9896                             2

  S 3. All costs associated with implementing the provisions of this act
shall be borne by the county of Suffolk.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would grant Tier 3, 4, 5 and 6 deputy sheriffs employed by
Suffolk County a  disability  benefit  for  injuries  sustained  in  the
performance  of duty. The disability benefit would be 75% of final aver-
age salary less worker's compensation.
  If this bill is enacted during the 2012  session,  there  will  be  an
estimated increase of approximately $300,000 in the annual contributions
of Suffolk County for the fiscal year ending March 31, 2013.
  These  estimated  costs  are  based  on two hundred seventy four (274)
members having an annual salary for the fiscal  year  ending  March  31,
2012 of approximately $31.9 million.
  Summary of relevant resources:
  Data:  March  31,  2011  Actuarial Year End File with distributions 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-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated March 23, 2012 and intended for use  only  during
the  2012  Legislative Session, is Fiscal Note No. 2012-122, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.