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

                                  10031

                          I N  A S S E M B L Y

                               May 6, 2016
                               ___________

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
  disability retirement benefits for  certain  correction  employees  in
  Suffolk county

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

  Section 1. Section 607-c of the retirement and social security law  is
amended by adding a new subdivision g to read as follows:
  G.  ANY WARDEN, DEPUTY WARDEN, CORRECTION CAPTAIN, CORRECTION LIEUTEN-
ANT, CORRECTION LIEUTENANT INVESTIGATOR, CORRECTION SERGEANT, CORRECTION
SERGEANT INVESTIGATOR, CORRECTION INVESTIGATOR OR CORRECTION OFFICER  AS
DEFINED  IN  SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS CHAPTER, WHO
IS EMPLOYED IN SUFFOLK COUNTY, AND 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 INTENTIONAL
OR RECKLESS ACT OF ANY CIVILIAN VISITING, OR OTHERWISE  PRESENT  AT,  AN
INSTITUTION  UNDER THE JURISDICTION OF SUCH COUNTY WHERE SUCH INJURY WAS
SUSTAINED AND DOCUMENTED AFTER THE ENACTMENT OF THIS SECTION,  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.  NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF THE PROVISIONS  OF  THIS
SUBDIVISION SHALL BE SUBJECT TO SECTION TWENTY-FIVE OF THIS CHAPTER.
  S   2.  All  past  service  costs  associated  with  implementing  the
provisions of this act will be borne by Suffolk county, and may be amor-
tized over a fifteen year period.
  S 3. This act shall take effect immediately.
  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This bill will allow any warden, deputy  warden,  correction  captain,
correction  lieutenant,  correction  lieutenant investigator, correction
sergeant, correction sergeant investigator, correction  investigator  or
correction  officer  employed  by  Suffolk  County to become eligible to

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

                                                           LBD14908-02-6

A. 10031                            2

receive a performance of duty benefit due to the intentional or reckless
act of a civilian visiting an institution under the jurisdiction of such
county. The benefit will be 75% of final average  salary  less  worker's
compensation. Currently, to be eligible for such improved benefit, it is
required  that  such injuries were sustained as the result of an "act of
an inmate". Such injuries must be sustained  and  documented  after  the
enactment of this legislation.
  If this legislation is enacted during the 2016 legislative session, we
anticipate that there will be an increase in the annual contributions of
Suffolk  County  of  approximately  $200,000  for the fiscal year ending
March 31, 2017.
  In addition to the annual contributions discussed above, it  is  esti-
mated  that  there  will  be  a past service cost of approximately $1.21
million which would be borne by Suffolk County as  a  one-time  payment.
This  estimate  is  based on the assumption that payment will be made on
February 1, 2017. If Suffolk County elects to amortize this cost over  a
15 year period, the cost for the first year would be $124,000.
  These  estimated  costs are based on 905 affected officers employed by
Suffolk County with a total estimated annual salary of approximately $96
million for the fiscal year ending March 31, 2015.
  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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 April 13, 2016, and intended for use only  during
the  2016  Legislative  Session, is Fiscal Note No. 2016-89, prepared by
the Actuary for the New York State and Local Retirement System.