S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5699
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- 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  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.
   §  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 10 year period.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05672-03-7
              

 S. 5699                             2
 
   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
 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 2017 legislative session, we
 anticipate that there will be an increase in the annual contributions of
 Suffolk County of approximately $220,000  for  the  fiscal  year  ending
 March 31, 2018.
   In  addition  to the annual contributions discussed above, it is esti-
 mated that there will be a past  service  cost  of  approximately  $1.26
 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, 2018. If Suffolk County elects to amortize this cost over a
 10 year period, the cost for the first year would be $168,000.
   These estimated costs are based on 907 affected officers  employed  by
 Suffolk  County  with  a  total estimated annual salary of approximately
 $100 million for the fiscal year ending March 31, 2016.
   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, 2016 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2016
 Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2015
 and  2016 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, 2016
 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 January 19,  2017,  and  intended  for  use  only
 during  the  2017  Legislative  Session,  is  Fiscal  Note  No. 2017-30,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.