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

                                  10400

                          I N  A S S E M B L Y

                              May 25, 2016
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the retirement and social security law, in  relation  to
  including  assistant  wardens  as  eligible members for performance of
  duty disability retirement benefits

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

  Section  1.  Subdivisions  a,  b  and  paragraph 2 of subdivision d of
section 63-b of the retirement and social  security  law,  as  added  by
chapter 639 of the laws of 1999, are amended to read as follows:
  a.  A  member employed by a county shall be eligible for a performance
of duty disability retirement if the county elects to make the  benefits
provided  herein  available,  as  provided  for in subdivision d of this
section, and such member is a  sheriff,  deputy  sheriff,  undersheriff,
ASSISTANT WARDEN or correction officer.
  b.  Any  sheriff,  deputy  sheriff,  undersheriff, ASSISTANT WARDEN or
correction officer as defined in subdivision  a  of  this  section,  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 such county, 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.
  2. The performance of duty disability retirement as defined in  subdi-
visions  b  and  c  of this section shall be available only to sheriffs,
deputy sheriffs, undersheriffs, ASSISTANT WARDENS and  correction  offi-
cers whose employer elects to provide such benefits by adopting a resol-
ution  to such effect and filing a certified copy thereof with the comp-
troller. Such resolution shall be accompanied by the  affidavit  of  the
chief  executive  officer  of the county that the county has received an
estimate from the retirement system of the cost of the benefit  provided
by this section.

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

                                                           LBD15490-02-6

A. 10400                            2

  S  2.  Subdivisions  a  and  f  of section 607-c of the retirement and
social security law, subdivision a as added by chapter 639 of  the  laws
of  1999  and subdivision f as added by chapter 521 of the laws of 2014,
are amended to read as follows:
  a.  Any  sheriff,  deputy  sheriff,  undersheriff, ASSISTANT WARDEN or
correction officer as defined in subdivision a of section  sixty-three-b
of  this  chapter,  and  who  are  employed  in  a county which makes an
election pursuant to subdivision d of such  section  sixty-three-b,  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 any act of any inmate or any person confined  in
an  institution  under  the jurisdiction of such county, 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.
  f. Any sheriff, deputy  sheriff,  undersheriff,  ASSISTANT  WARDEN  or
correction  officer as defined in subdivision a of section sixty-three-b
of this chapter, and who are employed in Westchester county, who becomes
physically or mentally incapacitated for the performance  of  duties  as
the natural and proximate result of an injury, sustained in the perform-
ance  or discharge of his or her duties by, or as the natural and proxi-
mate result of an intentional or reckless act of any civilian  visiting,
or  otherwise  present at, an institution under the jurisdiction of such
county, shall be paid a performance of duty disability retirement allow-
ance equal to that which is provided  in  section  sixty-three  of  this
chapter,  subject  to the provisions of section sixty-four of this chap-
ter.
  S 3. This act shall take effect immediately.
  FISCAL NOTE. -- This bill will grant  coverage  under  a  75%  of  pay
performance  of  duty  disability  benefit  for  assistant wardens whose
employers already have elected to provide this benefit for  their  sher-
iff, undersheriff, deputy sheriffs and correction officers.
  If  this  bill is enacted, the increase in the annual contributions of
such affected counties will depend on the current salary and plan cover-
age of the affected members in its employ. For the  fiscal  year  ending
March 31, 2017, the additional annual cost for members in tiers 3, 4 and
5,  and  tier 6 will be 2.1% and 1.9% of the affected wardens' salaries,
respectively. In future years, this annual cost will vary as the billing
rates of these plans change.
  There would also be a one-time past  service  cost  of  12.9%  of  the
affected  wardens'  annual  salaries.  This  cost would be shared by the
State of New York and the participating employers in the New York  State
and Local Employees' Retirement System.
  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.

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  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  May 24, 2016, and intended for use only during
the 2016 Legislative Session, is Fiscal Note No. 2016-102,  prepared  by
the Actuary for the New York State and Local Retirement System.