S T A T E   O F   N E W   Y O R K
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                                  4914

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

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.