senate Bill S6757A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 vetoed memo.562
Dec 05, 2014 delivered to governor
Jun 11, 2014 returned to senate
passed assembly
ordered to third reading rules cal.141
substituted for a7128b
referred to ways and means
delivered to assembly
passed senate
May 19, 2014 amended on third reading 6757a
Apr 30, 2014 advanced to third reading
Apr 29, 2014 2nd report cal.
Apr 28, 2014 1st report cal.390
Mar 06, 2014 referred to civil service and pensions

Votes

view votes

Apr 28, 2014 - Civil Service and Pensions committee Vote

S6757
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 28, 2014

excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S6757 - Bill Details

See Assembly Version of this Bill:
A7128B
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §605-a, R & SS L

S6757 - Bill Texts

view summary

Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

view sponsor memo
BILL NUMBER:S6757

TITLE OF BILL: 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

TITLE OF BILL: 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

PURPOSE: This bill would allow a member who is injured as the result
of a physical assault by an assailant, which causes them to he
physically or mentally incapacitated for performance of their duties
while in service shall be entitled to accidental disability retirement
unless the contrary can be proven.

SUMMARY OF PROVISIONS: This bill amends subdivision a of section
605-a of the retirement and social security law

JUSTIFICATION: A member employed as a uniformed court officer or
peace officer who is assaulted while serving within the capacity of
their job, and therefore becomes physically or mentally incapacitated
to complete the duties of their job, should be eligible to receive an
accidental retirement and all applicable benefits. While working
within the full capacity of their job a uniformed court officer or
peace officer should be assured that they will be eligible for an
accidental retirement when they are injured due to an incident
completely out of their control.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: See the bill.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  6757

                            I N  S E N A T E

                              March 6, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-06-4

S. 6757                             2

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.

S6757A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7128B
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §605-a, R & SS L

S6757A (ACTIVE) - Bill Texts

view summary

Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

view sponsor memo
BILL NUMBER:S6757A

TITLE OF BILL: 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

PURPOSE:

This bill would allow a member who is injured as the result of a
physical assault by an assailant, which causes them to he physically
or mentally incapacitated for performance of their duties while in
service shall be entitled to accidental disability retirement unless
the contrary can be proven.

SUMMARY OF PROVISIONS:

This bill amends subdivision a of section 655-a of the retirement and
social security law

JUSTIFICATION:

A member employed as a uniformed court officer or peace officer who is
assaulted while serving within the capacity of their job, and
therefore becomes physically or mentally incapacitated to complete the
duties of their job, should be eligible to receive an accidental
retirement and all applicable benefits. While working within the full
capacity of their job a uniformed court officer or peace officer
should be assured that they will be eligible for an accidental
retirement when they are injured due to an incident completely out of
their control.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

See the bill.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6757--A
    Cal. No. 390

                            I N  S E N A T E

                              March 6, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-08-4

S. 6757--A                          2

  S 2. Notwithstanding any other provision of law to the contrary,  none
of  the  provisions  of  this  act shall be subject to section 25 of the
retirement and social security law.
  S 3. 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.

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