NY State Senate Bill 2015-S3949B

Senate Bill S3949B

2015-2016 Legislative Session

Relates to disability retirement benefits for sheriffs, deputy sheriffs, undersheriffs and correction officers in Nassau County

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 06, 2016	referred to ways and means delivered to assembly passed senate home rule request
May 18, 2016	advanced to third reading
May 17, 2016	2nd report cal.
May 16, 2016	1st report cal.872
Jan 12, 2016	print number 3949b
Jan 12, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Jun 25, 2015	committed to rules
Apr 23, 2015	advanced to third reading
Apr 22, 2015	2nd report cal. amended 3949a
Apr 21, 2015	1st report cal.338
Feb 24, 2015	referred to civil service and pensions

Votes

- Jun 6, 2016 - Floor Vote
  S3949B
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 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
  May 16, 2016 - Civil Service And Pensions Committee Vote
  S3949B
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 16, 2016
      
      aye (9)
      
      Comrie
      
      Croci
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Persaud
      
      Ritchie
      
      Savino
      
      aye wr (2)
      
      Addabbo Jr.
      
      Sanders Jr.
  Apr 21, 2015 - Civil Service And Pensions Committee Vote
  S3949B
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Apr 21, 2015
      
      aye (9)
      
      Comrie
      
      Croci
      
      Dilan
      
      Golden
      
      Lanza
      
      Martins
      
      Ortt
      
      Ritchie
      
      Savino
      
      aye wr (2)
      
      Addabbo Jr.
      
      Sanders Jr.

Bill Amendments

Original

B (Active)

2015-S3949 - Details

See Assembly Version of this Bill:: A5329
Current Committee:: Assembly Ways And Means
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §607-c, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5130, S7140, A7134, A9010
2019-2020: S3946, S7920, A5021, A10051
2021-2022: S6710, A7342

2015-S3949 - Summary

Relates to disability retirement benefits for sheriffs, deputy sheriffs, undersheriffs and correction officers in Nassau County.

2015-S3949 - Sponsor Memo

2015-S3949 - Bill Text download pdf

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

                                  3949

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

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
  disability retirement benefits for sheriffs, deputy sheriffs, undersh-
  eriffs, and correction officers in Nassau 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 SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS
DEFINED  IN  SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS CHAPTER, AND
WHO IS EMPLOYED IN NASSAU COUNTY, 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. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will allow any  sheriff,  undersheriff,  deputy  sheriff  or
correction  officer  employed  by  Nassau  County  to become eligible to
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07737-02-5

S. 3949                             2

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 2015 legislative session, we
anticipate that there will be an increase in the annual contributions of
Nassau County of approximately $240,000 for the fiscal year ending March
31, 2016.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $909,000 which would be
borne by the Nassau County as a one-time payment. This estimate is based
on the assumption that payment will be made on February 1, 2016.
  These estimated costs are based on 1095 sheriffs, undersheriffs, depu-
ty sheriffs and correction officers employed by  Nassau  County  with  a
total  estimated  annual  salary  of  approximately $108 million for the
fiscal year ending March 31, 2014.
  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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 3,  2015,  and  intended  for  use  only
during  the  2015  Legislative  Session,  is  Fiscal  Note  No. 2015-48,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.

2015-S3949A - Details

See Assembly Version of this Bill:: A5329
Current Committee:: Assembly Ways And Means
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §607-c, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5130, S7140, A7134, A9010
2019-2020: S3946, S7920, A5021, A10051
2021-2022: S6710, A7342

2015-S3949A - Summary

Relates to disability retirement benefits for sheriffs, deputy sheriffs, undersheriffs and correction officers in Nassau County.

2015-S3949A - Sponsor Memo

                                BILL NUMBER:S3949A

TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to disability retirement benefits for sheriffs,
deputy sheriffs, undersheriffs, and correction officers in Nassau
county

PURPOSE:

This bill would allow disability benefits for sheriffs, deputy
sheriffs, under sheriffs and correction officers in Nassau County when
the disability causing injuries are the natural and proximate cause of
an intentional or reckless act of a civilian.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 607-c of the Retirement and
Social Security Law to add a new subdivision (g) that would provide
sheriffs, deputy sheriffs, under sheriffs and correction officers
employed by Nassau County with performance of duty disability benefits
when the injury is the natural and proximate cause of an intentional
or reckless act of a civilian who is visiting or is present at an
institution in Nassau County.

Section two of this bill provides that this act shall take effect
immediately.

JUSTIFICATION:

Currently, many correction officers outside of New York City,
including Nassau County, have a limited 75% disability retirement
program that provides them with service disability retirement if they
are permanently disabled as the result of the direct actions of an
inmate. This bill, when enacted, will extend that package to officers
in Nassau who are seriously, permanently disabled as a result of the
negligent or intentional actions of visitors to a correctional
facility. Unfortunately, on rare occasions, visitors attempt to bring
contraband (drugs, weapons) into correctional facilities. From time to
time, certain visitors may become violent with the officer assigned to
security duty, and unfortunately these officers are sometimes left
unable to continue in their job. The usage of this package is
anticipated to be rare, but it will provide for the security of an
affected officer and his or her family members on such occasions.

LEGISLATIVE HISTORY:

2014: S.6684 - Referred to Civil Service and Pensions

FISCAL IMPLICATIONS:

See fiscal note

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3949A - Bill Text download pdf

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

                                 3949--A
    Cal. No. 338

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

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  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

AN ACT to amend the retirement and social security law, in  relation  to
  disability retirement benefits for sheriffs, deputy sheriffs, undersh-
  eriffs, and correction officers in Nassau 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 SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS
DEFINED  IN  SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS CHAPTER, AND
WHO IS EMPLOYED IN NASSAU COUNTY, 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. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  allow  any  sheriff, undersheriff, deputy sheriff or
correction officer employed by  Nassau  County  to  become  eligible  to
receive a performance of duty benefit due to the intentional or reckless

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

                                                           LBD07737-03-5

S. 3949--A                          2

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 2015 legislative session, we
anticipate that there will be an increase in the annual contributions of
Nassau County of approximately $240,000 for the fiscal year ending March
31, 2016.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $909,000 which would be
borne by the Nassau County as a one-time payment. This estimate is based
on the assumption that payment will be made on February 1, 2016.
  These estimated costs are based on 1095 sheriffs, undersheriffs, depu-
ty sheriffs and correction officers employed by  Nassau  County  with  a
total  estimated  annual  salary  of  approximately $108 million for the
fiscal year ending March 31, 2014.
  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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 3,  2015,  and  intended  for  use  only
during  the  2015  Legislative  Session,  is  Fiscal  Note  No. 2015-48,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.

2015-S3949B (ACTIVE) - Details

See Assembly Version of this Bill:: A5329
Current Committee:: Assembly Ways And Means
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §607-c, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5130, S7140, A7134, A9010
2019-2020: S3946, S7920, A5021, A10051
2021-2022: S6710, A7342

2015-S3949B (ACTIVE) - Summary

Relates to disability retirement benefits for sheriffs, deputy sheriffs, undersheriffs and correction officers in Nassau County.

2015-S3949B (ACTIVE) - Sponsor Memo

2015-S3949B (ACTIVE) - Bill Text download pdf

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

                                 3949--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 24, 2015
                               ___________

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  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report -- recom-
  mitted to the Committee on Civil Service and  Pensions  in  accordance
  with  Senate  Rule  6,  sec.  8 -- 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
  disability retirement benefits for sheriffs, deputy sheriffs, undersh-
  eriffs, and correction officers in Nassau 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 SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS
DEFINED  IN  SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS CHAPTER, AND
WHO IS EMPLOYED IN NASSAU COUNTY, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07737-06-6

S. 3949--B                          2

  S  2.    All  past  service  costs  associated  with  implementing the
provisions of this act will be borne by Nassau 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  sheriff, undersheriff, deputy sheriff or
correction officer employed by  Nassau  County  to  become  eligible  to
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
Nassau County of approximately $190,000 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 $1.14
million which would be borne by Nassau County  as  a  one-time  payment.
This  estimate  is  based on the assumption that payment will be made on
February 1, 2017.  If Nassau County elects to amortize this cost over  a
15 year period, the cost for the first year would be $117,000.
  These estimated costs are based on 960 sheriffs, undersheriffs, deputy
sheriffs  and correction officers employed by Nassau County with a total
estimated annual salary of approximately $93 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 December 17, 2015,  and  intended  for  use  only
during the 2016 Legislative Session, is Fiscal Note No. 2016-1, prepared
by the Actuary for the New York State and Local Retirement System.

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Senate Bill S3949B

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S3949 - Details

2015-S3949 - Summary

2015-S3949 - Sponsor Memo

2015-S3949 - Bill Text download pdf

2015-S3949A - Details

2015-S3949A - Summary

2015-S3949A - Sponsor Memo

2015-S3949A - Bill Text download pdf

2015-S3949B (ACTIVE) - Details

2015-S3949B (ACTIVE) - Summary

2015-S3949B (ACTIVE) - Sponsor Memo

2015-S3949B (ACTIVE) - Bill Text download pdf

Comments