The New York State Senate

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

                                  7128

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  accidental disability retirement  for  uniformed  court  officers  and
  peace officers employed in the unified court system

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

  Section 1. Subdivision a of section 605-a of the retirement and social
security law, as amended by chapter 489 of the laws of 2008, is  amended
to read as follows:
  a.  A member employed as a uniformed court officer or peace officer in
the unified court system shall be entitled to an  accidental  disability
retirement allowance if, at the time application therefor is filed, such
member is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, not caused by his own will-
ful negligence, sustained in such service and while actually a member of
the retirement system; and
  2.  Actually  in  service  upon  which his or her membership is based.
However, in a case where a member is discontinued  from  service  subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion,  application  may  be made either (a) by a vested member incapaci-
tated as the result of a qualifying  World  Trade  Center  condition  as
defined  in  section  two  of this chapter at any time, or (b) not later
than two years after the member is first discontinued from service.
  FOR PURPOSES OF THIS SUBDIVISION, A  MEMBER  WHO  IS  INJURED  AS  THE
RESULT  OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN SERVICE
SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA-
RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-03-3

A. 7128                             2

  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill would allow Tier 3, 4, 5 and 6 uniformed court officers and
peace officers in the unified court system to be eligible for  an  acci-
dental  disability for injuries sustained in the performance of duty and
the result of an injury sustained in the  performance  or  discharge  of
duty  by  or  as  the  result  of an assault by an assailant, unless the
contrary be proven by competent evidence. The benefit for an  accidental
disability  would  be  75% of final average salary less worker's compen-
sation.
  If this bill is enacted, the cost will vary depending on the  members'
age,  service,  tier  and  salary.  It is estimated that the average per
person cost will be approximately three (3) times salary.
  The exact number of members who could be affected by this  legislation
cannot  be readily determined. In all likelihood, very few members would
be affected.
  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 April 23, 2013 and intended for use  only  during
the  2013  Legislative  Session, is Fiscal Note No. 2013-90, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

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

                                 7128--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

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
  accidental disability retirement  for  uniformed  court  officers  and
  peace officers employed in the unified court system

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

  Section 1. Subdivision a of section 605-a of the retirement and social
security law, as amended by chapter 489 of the laws of 2008, is  amended
to read as follows:
  a.  A member employed as a uniformed court officer or peace officer in
the unified court system shall be entitled to an  accidental  disability
retirement allowance if, at the time application therefor is filed, such
member is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, not caused by his own will-
ful negligence, sustained in such service and while actually a member of
the retirement system; and
  2.  Actually  in  service  upon  which his or her membership is based.
However, in a case where a member is discontinued  from  service  subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion,  application  may  be made either (a) by a vested member incapaci-
tated as the result of a qualifying  World  Trade  Center  condition  as
defined  in  section  two  of this chapter at any time, or (b) not later
than two years after the member is first discontinued from service.
  FOR PURPOSES OF THIS SUBDIVISION, A  MEMBER  WHO  IS  INJURED  AS  THE
RESULT  OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN SERVICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-05-4

A. 7128--A                          2

SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA-
RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill would allow Tier 3, 4, 5 and 6 uniformed court officers and
peace officers in the unified court system to be eligible for  an  acci-
dental  disability for injuries sustained in the performance of duty and
the result of an injury sustained in the  performance  or  discharge  of
duty  by  or  as  the  result  of an assault by an assailant, unless the
contrary be proven by competent evidence. The benefit for an  accidental
disability  would  be  75% of final average salary less worker's compen-
sation.
  If this bill is enacted, the cost will vary depending on the  members'
age,  service,  tier  and  salary.  It is estimated that the average per
person cost will be approximately three (3) times salary.
  The exact number of members who could be affected by this  legislation
cannot  be readily determined. In all likelihood, very few members would
be affected.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  Annual  Report  to  the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  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 February 11,  2014  and  intended  for  use  only
during  the  2014  Legislative  Session,  is  Fiscal  Note  No. 2014-81,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.