S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9909
 
                           I N  A S S E M B L Y
 
                             February 22, 2018
                                ___________
 
 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
   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
 member is:
   1. Physically or mentally incapacitated for performance of duty as the
 natural  and  proximate  result of an accident, not caused by his OR HER
 own willful 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.
   § 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.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05085-04-7

 A. 9909                             2
 
   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-
 sation.
   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
 be affected.
   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, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016  and 2017 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, 2017
 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 19, 2017,  and  intended  for  use  only
 during  the  2018  Legislative  Session,  is  Fiscal  Note  No. 2018-25,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.