S T A T E O F N E W Y O R K
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
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.
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-
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
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
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
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'