NY State Senate Bill 2015-S7724A

Senate Bill S7724A

2015-2016 Legislative Session

Relates to including assistant wardens as eligible members for performance of duty disability retirement benefits

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1701 committee discharged and committed to rules
Jun 02, 2016	print number 7724a
Jun 02, 2016	amend (t) and recommit to civil service and pensions
May 12, 2016	referred to civil service and pensions

Votes

- Jun 14, 2016 - Floor Vote
  S7724A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 14, 2016 - Rules Committee Vote
  S7724A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Parker

Bill Amendments

Original

A (Active)

2015-S7724 - Details

See Assembly Version of this Bill:: A10400
Current Committee:: Assembly Ways And Means
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§63-b & 607-c, R & SS L
Versions Introduced in 2017-2018 Legislative Session:: S3991, A7511

2015-S7724 - Summary

Relates to including assistant wardens as eligible members for performance of duty disability retirement benefits.

2015-S7724 - Sponsor Memo

2015-S7724 - Bill Text download pdf

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

                                  7724

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- 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
  granting  county assistant wardens eligibility for performance of duty
  disability benefits

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

  Section  1.  Subdivision    a  of  section 607-c of the retirement and
social security law, as added by chapter 639 of the  laws  of  1999,  is
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.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15361-01-6

2015-S7724A (ACTIVE) - Details

See Assembly Version of this Bill:: A10400
Current Committee:: Assembly Ways And Means
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§63-b & 607-c, R & SS L
Versions Introduced in 2017-2018 Legislative Session:: S3991, A7511

2015-S7724A (ACTIVE) - Summary

Relates to including assistant wardens as eligible members for performance of duty disability retirement benefits.

2015-S7724A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7724A

 TITLE OF BILL :

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

 PURPOSE :

This bill grants county assistant wardens eligibility for performance
of duty disability benefits under the New York State and local
employees' retirement system.

 SUMMARY OF PROVISIONS :

Section one amends subdivisions a, b, and paragraph 2 of subdivision d
of chapter 63-b of the retirement and social security law, regarding
performance of duty disability retirement, to include assistant
wardens within the category of correction officers applicable for
disability retirement benefits.

Section two amends subdivisions a and f of section 607-c of the
retirement and social security law, regarding performance of duty of
disability benefit, to include assistant wardens within the category
of correction officers applicable for disability retirement benefits.

Section three establishes the effective date.

 JUSTIFICATION :

Currently, the New York State Disability and Retirement Law provides
disability retirement for sheriffs, deputy sheriffs, undersheriffs,
and correction officers who become incapacitated in the performance of
their duties. Unfortunately, these provisions do not include assistant
wardens, many of which begin their careers as correction officers. As
a result, these individuals that have excelled to administrative
positions are unable to claim these benefits even when there is
documented history of job-related injuries which stem back to their
initial employment as correction officers. By not extending this
benefit to assistant wardens, the current law indirectly disincentives
correction officers from seeking advancement within their field. This
bill will correct this injustice by extending disability retirement to
assistant wardens.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

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 sheriff, 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 coverage 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.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7724A (ACTIVE) - Bill Text download pdf

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

                                 7724--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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

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

                                                           LBD15361-02-6

S. 7724--A                          2

estimate  from the retirement system of the cost of the benefit provided
by this section.
  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.

S. 7724--A                          3

  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  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.

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