S T A T E O F N E W Y O R K
________________________________________________________________________
4914
2013-2014 Regular Sessions
I N A S S E M B L Y
February 13, 2013
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Introduced by M. of A. ABBATE, COLTON -- Multi-Sponsored by -- M. of A.
AUBRY, BOYLAND, CLARK, COOK, CYMBROWITZ, GABRYSZAK, HOOPER, RIVERA,
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
corrections and community supervision, who are injured in the perform-
ance 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 amended by section 138 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
a. Any member in the uniformed personnel in institutions under the
jurisdiction of the department of corrections and community supervision
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 CORRECTIONS AND COMMUNITY
SUPERVISION, 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
corrections and community supervision 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 section 141 of subpart B of part C of chapter 62
of the laws of 2011, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08253-01-3
A. 4914 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 corrections and
community supervision 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
CORRECTIONS AND COMMUNITY SUPERVISION, 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 retire-
ment 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 salary, 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 twen-
ty-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 maximum retirement benefit computa-
tions set forth in this section. The maximum retirement benefit computed
without optional modification payable to a police officer, an investi-
gator 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 CORRECTIONS AND COMMUNITY
SUPERVISION, who becomes physically or mentally incapacitated for the
performance of duties as the natural and proximate result, of an injury,
A. 4914 3
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 Corrections and Community Supervision 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 quali-
fy them for the performance of duty disability benefit.
If this bill is enacted, we anticipate that there will be an increase
of approximately $13.0 million in the annual contributions of the State
of New York for the fiscal year ending March 31, 2014.
This estimate is based on approximately 10,009 non-correction officers
employed by the State Department of Corrections and Community Super-
vision with an estimated annual salary for the fiscal year ending March
31, 2012 of approximately $488 million.
Summary of relevant resources:
Data: March 31, 2012 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 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 December 17, 2012 and intended for use only
during the 2013 Legislative Session, is Fiscal Note No. 2013-19,
prepared by the Actuary for the New York State and Local Employees'
Retirement System.