NY State Senate Bill 2017-S6378

Senate Bill S6378

2017-2018 Legislative Session

Relates to disability benefits for certain members of the New York city police pension fund, the New York city fire department pension fund or the New York city employees' retirement system

download bill text pdf

Archive: Last Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2018	recommit, enacting clause stricken
Jan 03, 2018	referred to civil service and pensions
May 11, 2017	referred to civil service and pensions

2017-S6378 (ACTIVE) - Details

Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§506, 507, 510 & 511, R & SS L
Versions Introduced in 2015-2016 Legislative Session:: S5705

2017-S6378 (ACTIVE) - Summary

Relates to disability benefits for certain members of the New York city police pension fund, the New York city fire department pension fund or the New York city employees' retirement system.

2017-S6378 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6378

 TITLE OF BILL :  An act to amend the retirement and social security
law, in relation to disability benefits for certain members of the New
York city police pension fund, the New York city fire department
pension fund and the New York city employees' retirement system

 PURPOSE OR GENERAL IDEA OF BILL :

This bill seeks to improve the status of uniformed workers disabled on
the job.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 506 of the retirement. and social security
law by adding five new subdivisions e, f, g, h and i.

Section 2 amends Section 507 of the retirement and social security law
by adding six new subdivisions c--1, c-2, c-3, c-4, c-5, and c-6.

Section 3 amends Section 510 of the retirement and social security law
by adding a new subdivision j.

Section 4 amends Subdivision f of section 511 of the retirement, and
social security law, as amended by chapter 18 of the laws of 2012, and
' adds a new subdivision h.

Section 5 is the effective date.

 JUSTIFICATION :

Prior to July 2009 for police officers and firefighters, and prior to
2012 for sanitation workers and correction officers a worker disabled
on the job received a tax-free accidental disability retirement
benefit equal to 75 percent of final salary, in addition to any Social
Security benefit, including Social Security Disability Insurance.

Following state changes, all of the City's uniformed forces pensions
now receive a tax-free accidental disability retirement. benefit of 50
percent of pay based on a three or five-year average (Tiers 3 and 6).
This is offset by one-half of any benefits they receive from Social
Security.

This bill would count a higher salary in the disability package and
remove the Social Security offset. Additionally, the bill will replace
Tiers 3 and 6 COLA with Tier 2 COLA.

 FISCAL IMPLICATIONS :

New York City has estimated a financial impact of $47 million through
FY 2019.

 EFFECTIVE DATE :
This act shall take effect immediately

2017-S6378 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6378
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  benefits  for  certain members of the New York city police
   pension fund, the New York city fire department pension fund  and  the
   New York city employees' retirement system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 506 of the retirement and social  security  law  is
 amended  by  adding  five  new  subdivisions e, f, g, h and i to read as
 follows:
   E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS  A  AND  B  OF  THIS
 SECTION,  THE  ORDINARY  DISABILITY BENEFIT FOR A POLICE/FIRE MEMBER WHO
 JOINED THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK  CITY  FIRE
 DEPARTMENT  PENSION FUND ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, OR A POLICE/FIRE MEMBER WHO HAS ELECTED TO  RECEIVE  SUCH  BENEFIT
 PURSUANT TO SUBDIVISION G OF THIS SECTION, SHALL BE:
   1.    EXCEPT  AS  PROVIDED  IN  PARAGRAPH THREE OF THIS SUBDIVISION, A
 PENSION EQUAL TO (I) THE GREATER OF (A) TWO  PERCENT  OF  FINAL  AVERAGE
 SALARY  OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, TIMES YEARS OF CRED-
 ITED SERVICE NOT IN EXCESS OF THE MAXIMUM YEARS OF SERVICE FOR COMPUTING
 SERVICE RETIREMENT, OR (B) THIRTY-THREE AND ONE-THIRD PERCENT  OF  FINAL
 AVERAGE SALARY OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, (II) LESS ONE
 HUNDRED PERCENT OF ANY WORKERS' COMPENSATION BENEFITS PAYABLE;
   2.  A  COST-OF-LIVING  ADJUSTMENT  FOR  SUCH  PENSION,  WHICH SHALL BE
 COMPUTED IN THE SAME MANNER AS PROVIDED FOR BY  SECTION  13-696  OF  THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
   3.  IF THE ORDINARY DISABILITY BENEFIT AS CALCULATED PURSUANT TO PARA-
 GRAPHS ONE AND TWO OF THIS SUBDIVISION IS LESS THAN THE  ORDINARY  DISA-
 BILITY  BENEFIT  AS CALCULATED PURSUANT TO SUBDIVISION B OF THIS SECTION
 FOR ANY YEAR THAT SUCH POLICE/FIRE MEMBER IS ELIGIBLE FOR SUCH  BENEFIT,
 THEN  THE ORDINARY DISABILITY BENEFIT CALCULATED PURSUANT TO SUBDIVISION
 B OF THIS SECTION SHALL BE PAYABLE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05949-01-7

 S. 6378                             2
 
   F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS  A  AND  B  OF  THIS
 SECTION,  THE  ORDINARY DISABILITY BENEFIT FOR A NEW YORK CITY UNIFORMED
 CORRECTION/SANITATION REVISED PLAN MEMBER WHO JOINED THE NEW  YORK  CITY
 EMPLOYEES'  RETIREMENT  SYSTEM  ON  OR  AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION,  OR A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED
 PLAN MEMBER WHO HAS ELECTED TO RECEIVE SUCH BENEFIT PURSUANT TO SUBDIVI-
 SION H OF THIS SECTION, SHALL BE:
   1.   EXCEPT AS PROVIDED IN PARAGRAPH  THREE  OF  THIS  SUBDIVISION,  A
 PENSION  EQUAL  TO  (I)  THE GREATER OF (A) TWO PERCENT OF FINAL AVERAGE
 SALARY OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, TIMES YEARS OF  CRED-
 ITED SERVICE NOT IN EXCESS OF THE MAXIMUM YEARS OF SERVICE FOR COMPUTING
 SERVICE  RETIREMENT,  OR (B) THIRTY-THREE AND ONE-THIRD PERCENT OF FINAL
 AVERAGE SALARY OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, (II) LESS ONE
 HUNDRED PERCENT OF ANY WORKERS' COMPENSATION BENEFITS PAYABLE;
   2. A COST-OF-LIVING  ADJUSTMENT  FOR  SUCH  PENSION,  WHICH  SHALL  BE
 COMPUTED  IN  THE  SAME  MANNER AS PROVIDED FOR BY SECTION 13-696 OF THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
   3. IF THE ORDINARY DISABILITY BENEFIT AS CALCULATED PURSUANT TO  PARA-
 GRAPHS  ONE  AND TWO OF THIS SUBDIVISION IS LESS THAN THE ORDINARY DISA-
 BILITY BENEFIT AS CALCULATED PURSUANT TO SUBDIVISION B OF  THIS  SECTION
 FOR  ANY  YEAR  THAT  SUCH NEW YORK CITY UNIFORMED CORRECTION/SANITATION
 REVISED PLAN MEMBER IS ELIGIBLE FOR  SUCH  BENEFIT,  THEN  THE  ORDINARY
 DISABILITY  BENEFIT CALCULATED PURSUANT TO SUBDIVISION B OF THIS SECTION
 SHALL BE PAYABLE.
   G. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS  A  AND  B  OF  THIS
 SECTION,  A  POLICE/FIRE  MEMBER  WHO  JOINED  THE  NEW YORK CITY POLICE
 PENSION FUND OR THE NEW YORK CITY FIRE DEPARTMENT  PENSION  FUND  BEFORE
 THE  EFFECTIVE DATE OF THIS SUBDIVISION AND IS ELIGIBLE FOR THE ORDINARY
 DISABILITY BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION MAY AT THE
 TIME OF RETIREMENT MAKE AN ELECTION TO RECEIVE THE  ORDINARY  DISABILITY
 BENEFIT  DESCRIBED IN SUBDIVISION E OF THIS SECTION. SUCH ELECTION SHALL
 BE DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD OF  THE  PENSION
 FUND  TO  WHICH  THE MEMBER BELONGS AND SHALL BE IRREVOCABLE. IF NO SUCH
 ELECTION IS MADE, SUCH MEMBER  SHALL  RECEIVE  THE  ORDINARY  DISABILITY
 BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION.
   H.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISIONS A AND B OF THIS
 SECTION, A NEW YORK CITY UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN
 MEMBER  WHO JOINED THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM BEFORE
 THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS ELIGIBLE FOR THE  ORDINARY
 DISABILITY BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION MAY AT THE
 TIME  OF  RETIREMENT MAKE AN ELECTION TO RECEIVE THE ORDINARY DISABILITY
 BENEFIT DESCRIBED IN SUBDIVISION F OF THIS SECTION. SUCH ELECTION  SHALL
 BE  DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD OF THE NEW YORK
 CITY EMPLOYEES' RETIREMENT SYSTEM AND SHALL BE IRREVOCABLE. IF  NO  SUCH
 ELECTION  IS  MADE,  SUCH  MEMBER  SHALL RECEIVE THE ORDINARY DISABILITY
 BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION.
   I. FOR THE PURPOSES OF THIS SECTION, "SIXTH-YEAR  SALARY"  SHALL  MEAN
 THE  SUM  OF THE STANDARD RATE PAYABLE TO A POLICE OFFICER, FIREFIGHTER,
 CORRECTION OFFICER OR SANITATION WORKER UPON SIX YEARS OF EMPLOYMENT  AS
 A  POLICE OFFICER, FIREFIGHTER, CORRECTION OFFICER OR SANITATION WORKER,
 EXCLUDING ANY LONGEVITY ADJUSTMENTS, AND THE  AVERAGE  OVERTIME  COMPEN-
 SATION  PAID  OR PAYABLE TO SUCH POLICE OFFICER, FIREFIGHTER, CORRECTION
 OFFICER OR SANITATION WORKER. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
 "OVERTIME  COMPENSATION"  SHALL  HAVE  THE  SAME MEANING AS SUCH TERM IS
 DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION FIVE HUNDRED ONE  OF  THIS
 ARTICLE.  IF  SUCH  POLICE  OFFICER,  FIREFIGHTER, CORRECTION OFFICER OR

 S. 6378                             3
 
 SANITATION WORKER HAS BEEN A MEMBER OF THE NEW YORK CITY POLICE  PENSION
 FUND,  THE  NEW  YORK  CITY  FIRE  DEPARTMENT  FUND OR THE NEW YORK CITY
 EMPLOYEES' RETIREMENT SYSTEM FOR LESS THAN SIX YEARS UPON  THE  DATE  OF
 HIS OR HER RETIREMENT, THE AVERAGE OVERTIME COMPENSATION SHALL BE CALCU-
 LATED AS FOLLOWS:
   1. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS LESS
 THAN  ONE  YEAR, THE PROJECTED FIRST YEAR OVERTIME COMPENSATION SHALL BE
 BASED UPON A TWELVE MONTH PROJECTION OF THE OVERTIME  COMPENSATION  PAID
 IN  THE  PORTION  OF  THE YEAR WORKED. THE AVERAGE OVERTIME COMPENSATION
 SHALL BE THE PROJECTED FIRST YEAR OVERTIME COMPENSATION.
   2. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
 THAN ONE YEAR BUT LESS THAN TWO YEARS, THE PROJECTED SECOND  YEAR  OVER-
 TIME  COMPENSATION  SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF THE
 OVERTIME COMPENSATION PAID IN THE PORTION OF  THE  SECOND  YEAR  WORKED.
 THE  AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH THE SUM OF (I) THE
 PROJECTED SECOND YEAR OVERTIME COMPENSATION MULTIPLIED BY FIVE AND  (II)
 THE ACTUAL OVERTIME COMPENSATION PAID IN THE FIRST YEAR OF EMPLOYMENT.
   3. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
 THAN TWO YEARS BUT LESS THAN THREE YEARS, THE PROJECTED THIRD YEAR OVER-
 TIME  COMPENSATION  SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF THE
 OVERTIME COMPENSATION PAID IN THE PORTION OF THE THIRD YEAR WORKED.  THE
 AVERAGE  OVERTIME  COMPENSATION  SHALL  BE  ONE-SIXTH THE SUM OF (I) THE
 PROJECTED THIRD YEAR OVERTIME COMPENSATION MULTIPLIED BY FOUR  AND  (II)
 THE  ACTUAL OVERTIME COMPENSATION PAID IN THE FIRST TWO YEARS OF EMPLOY-
 MENT.
   4. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
 THAN THREE YEARS BUT LESS THAN FOUR YEARS,  THE  PROJECTED  FOURTH  YEAR
 OVERTIME  COMPENSATION  SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF
 THE OVERTIME COMPENSATION PAID IN THE PORTION OF THE FOURTH YEAR WORKED.
 THE AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH THE SUM OF (I)  THE
 PROJECTED FOURTH YEAR OVERTIME COMPENSATION MULTIPLIED BY THREE AND (II)
 THE  ACTUAL  OVERTIME  COMPENSATION  PAID  IN  THE  FIRST THREE YEARS OF
 EMPLOYMENT.
   5. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
 THAN FOUR YEARS BUT LESS THAN FIVE YEARS, THE PROJECTED FIFTH YEAR OVER-
 TIME COMPENSATION SHALL BE BASED UPON A TWELVE MONTH PROJECTION  OF  THE
 OVERTIME  COMPENSATION PAID IN THE PORTION OF THE FIFTH YEAR WORKED. THE
 AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH  THE  SUM  OF  (I)  THE
 PROJECTED  FIFTH  YEAR  OVERTIME COMPENSATION MULTIPLIED BY TWO AND (II)
 THE ACTUAL OVERTIME COMPENSATION PAID IN THE FIRST FOUR YEARS OF EMPLOY-
 MENT.
   6. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
 THAN FIVE YEARS BUT LESS TAN SIX YEARS, THE PROJECTED SIXTH  YEAR  OVER-
 TIME  COMPENSATION  SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF THE
 OVERTIME COMPENSATION PAID IN THE PORTION OF THE SIXTH YEAR WORKER.  THE
 AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH  THE  SUM  OF  (I)  THE
 PROJECTED  SIXTH YEAR OVERTIME COMPENSATION AND (II) THE ACTUAL OVERTIME
 COMPENSATION PAID IN THE FIRST FIVE YEARS OF EMPLOYMENT.
   § 2. Section 507 of the retirement and social security law is  amended
 by  adding  six new subdivisions c-1, c-2, c-3, c-4, c-5 and c-6 to read
 as follows:
   C-1. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND  C  OF  THIS
 SECTION,  THE ACCIDENTAL DISABILITY BENEFIT FOR A POLICE/FIRE MEMBER WHO
 JOINED THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK  CITY  FIRE
 DEPARTMENT  PENSION FUND ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-

 S. 6378                             4
 
 SION, OR A POLICE/FIRE MEMBER WHO HAS ELECTED TO  RECEIVE  SUCH  BENEFIT
 PURSUANT TO SUBDIVISION C-3 OF THIS SECTION, SHALL BE:
   1.    EXCEPT  AS  PROVIDED  IN  PARAGRAPH THREE OF THIS SUBDIVISION, A
 PENSION EQUAL TO (I) THE GREATER OF (A) FIFTY PERCENT OF  FINAL  AVERAGE
 SALARY,  (B)  FIFTY PERCENT OF SIXTH-YEAR SALARY, OR (C) FOR MEMBERS WHO
 MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION C-6 OF THIS SECTION,  THE
 GREATER  OF SEVENTY-FIVE PERCENT OF FINAL AVERAGE SALARY OR SEVENTY-FIVE
 PERCENT OF SIXTH-YEAR SALARY, (II) LESS ONE HUNDRED PERCENT OF ANY WORK-
 ERS' COMPENSATION BENEFITS PAYABLE; AND
   2. A COST-OF-LIVING  ADJUSTMENT  FOR  SUCH  PENSION,  WHICH  SHALL  BE
 COMPUTED  IN  THE  SAME  MANNER AS PROVIDED FOR BY SECTION 13-696 OF THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   IF THE ACCIDENTAL DISABILITY BENEFIT AS CALCULATED PURSUANT  TO  PARA-
 GRAPHS ONE AND TWO OF THIS SUBDIVISION IS LESS THAN THE ACCIDENTAL DISA-
 BILITY  BENEFIT  AS CALCULATED PURSUANT TO SUBDIVISION C OF THIS SECTION
 FOR ANY YEAR THAT SUCH POLICE/FIRE MEMBER IS ELIGIBLE FOR SUCH  BENEFIT,
 THEN  THE  ACCIDENTAL DISABILITY BENEFIT CALCULATED PURSUANT TO SUBDIVI-
 SION C OF THIS SECTION SHALL BE PAYABLE.
   C-2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND  C  OF  THIS
 SECTION, THE ACCIDENTAL DISABILITY BENEFIT FOR A NEW YORK CITY UNIFORMED
 CORRECTION/SANITATION  REVISED  PLAN MEMBER WHO JOINED THE NEW YORK CITY
 EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION,  OR A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED
 PLAN MEMBER WHO HAS ELECTED TO RECEIVE SUCH BENEFIT PURSUANT TO SUBDIVI-
 SION C-4 OF THIS SECTION, SHALL BE:
   1.   EXCEPT AS PROVIDED IN PARAGRAPH  THREE  OF  THIS  SUBDIVISION,  A
 PENSION  EQUAL  TO (I) THE GREATER OF (A) FIFTY PERCENT OF FINAL AVERAGE
 SALARY, (B) FIFTY PERCENT OF SIXTH-YEAR SALARY, OR (C) FOR  MEMBERS  WHO
 MEET  THE REQUIREMENTS SET FORTH IN SUBDIVISION C-6 OF THIS SECTION, THE
 GREATER OF SEVENTY-FIVE PERCENT OF FINAL AVERAGE SALARY OR  SEVENTY-FIVE
 PERCENT OF SIXTH-YEAR SALARY, (II) LESS ONE HUNDRED PERCENT OF ANY WORK-
 ERS' COMPENSATION BENEFITS PAYABLE; AND
   2.  A  COST-OF-LIVING  ADJUSTMENT  FOR  SUCH  PENSION,  WHICH SHALL BE
 COMPUTED IN THE SAME MANNER PROVIDED FOR BY SECTION 13-696 OF THE ADMIN-
 ISTRATIVE CODE OF THE CITY OF NEW YORK.
   IF THE ACCIDENTAL DISABILITY BENEFIT AS CALCULATED PURSUANT  TO  PARA-
 GRAPHS ONE AND TWO OF THIS SUBDIVISION IS LESS THAN THE ACCIDENTAL DISA-
 BILITY  BENEFIT  AS CALCULATED PURSUANT TO SUBDIVISION C OF THIS SECTION
 FOR ANY YEAR THAT SUCH NEW  YORK  CITY  UNIFORMED  CORRECTION/SANITATION
 REVISED  PLAN  MEMBER  IS ELIGIBLE FOR SUCH BENEFIT, THEN THE ACCIDENTAL
 DISABILITY BENEFIT CALCULATED PURSUANT TO SUBDIVISION C OF THIS  SECTION
 SHALL BE PAYABLE.
   C-3.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISIONS A AND C OF THIS
 SECTION, A POLICE/FIRE MEMBER  WHO  JOINED  THE  NEW  YORK  CITY  POLICE
 PENSION  FUND  OR  THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND BEFORE
 THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS  ELIGIBLE  FOR  THE  ACCI-
 DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION MAY
 AT  THE  TIME  OF  RETIREMENT MAKE AN ELECTION TO RECEIVE THE ACCIDENTAL
 DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C-1 OF  THIS  SECTION.  SUCH
 ELECTION  SHALL  BE DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD
 OF THE PENSION FUND TO WHICH THE MEMBER  BELONGS  AND  SHALL  BE  IRREV-
 OCABLE. IF NO SUCH ELECTION IS MADE, SUCH MEMBER SHALL RECEIVE THE ACCI-
 DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION.
   C-4.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISIONS A AND C OF THIS
 SECTION, A NEW YORK CITY UNIFORMED  CORRECTION/SANITATION  REVISED  PLAN
 MEMBER  WHO JOINED THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM BEFORE

 S. 6378                             5
 
 THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS  ELIGIBLE  FOR  THE  ACCI-
 DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION MAY
 AT  THE  TIME  OF  RETIREMENT MAKE AN ELECTION TO RECEIVE THE ACCIDENTAL
 DISABILITY  BENEFIT  DESCRIBED  IN SUBDIVISION C-2 OF THIS SECTION. SUCH
 ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE  ADMINISTRATIVE  HEAD
 OF  THE  NEW  YORK CITY EMPLOYEES' RETIREMENT SYSTEM AND SHALL BE IRREV-
 OCABLE. IF NO SUCH ELECTION IS MADE, SUCH MEMBER SHALL RECEIVE THE ACCI-
 DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION.
   C-5. FOR THE PURPOSES OF THIS SECTION, "SIXTH-YEAR SALARY" SHALL  HAVE
 THE  SAME  MEANING  AS  SUCH TERM IS DEFINED IN SUBDIVISION J OF SECTION
 FIVE HUNDRED SIX OF THIS ARTICLE.
   C-6. FOR THE PURPOSES OF SUBDIVISIONS C-1 AND C-2 OF THIS SECTION, THE
 ACCIDENTAL DISABILITY BENEFIT SHALL BE CALCULATED USING THE  GREATER  OF
 SEVENTY-FIVE  PERCENT OF FINAL AVERAGE SALARY OR SEVENTY-FIVE PERCENT OF
 SIXTH-YEAR SALARY IF SUCH POLICE/FIRE MEMBER OR NEW YORK CITY  UNIFORMED
 CORRECTION/SANITATION  REVISED PLAN MEMBER IS (I) ENTITLED TO DISABILITY
 INSURANCE BENEFITS PURSUANT TO SECTION 223 OF THE FEDERAL SOCIAL SECURI-
 TY ACT, OR (II) IS INELIGIBLE FOR SUCH DISABILITY INSURANCE BENEFITS  ON
 THE  BASIS OF REQUIREMENTS OF SECTION 223(C)(1)(B) OF THE FEDERAL SOCIAL
 SECURITY ACT AND DOES NOT HAVE EARNINGS THAT DEMONSTRATE AN  ABILITY  TO
 ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY AS SET FORTH IN SECTION 223(D)(4)
 OF THE FEDERAL SOCIAL SECURITY ACT. IN THE EVENT THAT A MEMBER NO LONGER
 MEETS  THE  REQUIREMENTS  OF  THIS SUBDIVISION, SUCH MEMBER'S ACCIDENTAL
 DISABILITY BENEFIT SHALL  BE  CALCULATED  USING  THE  GREATER  OF  FIFTY
 PERCENT OF FINAL AVERAGE SALARY OR FIFTY PERCENT OF SIXTH-YEAR SALARY AS
 SET FORTH IN SUBDIVISION C-1 OR C-2 OF THIS SECTION.
   §  3. Section 510 of the retirement and social security law is amended
 by adding a new subdivision j to read as follows:
   J. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  ARTICLE,  THE  ANNUAL
 ESCALATION  PROVIDED  IN  THIS  SECTION  SHALL NOT APPLY TO THE ORDINARY
 DISABILITY BENEFIT PROVIDED FOR IN SUBDIVISIONS E AND F OF SECTION  FIVE
 HUNDRED  SIX  OF  THIS  ARTICLE  OR  THE  ACCIDENTAL  DISABILITY BENEFIT
 PROVIDED FOR IN SUBDIVISIONS C-1 AND C-2 OF SECTION FIVE  HUNDRED  SEVEN
 OF THIS ARTICLE.
   § 4. Subdivision f of section 511 of the retirement and social securi-
 ty  law,  as amended by chapter 18 of the laws of 2012, is amended and a
 new subdivision h is added to read as follows:
   f. This section shall not apply to general members  in  the  uniformed
 correction  force  of  the  New York city department of correction or to
 uniformed personnel  in  institutions  under  the  jurisdiction  of  the
 department  of corrections and community supervision and security hospi-
 tal treatment assistants, as those terms are defined in subdivision i of
 section  eighty-nine  of  this  chapter,  provided,  however,  that  the
 provisions  of  this  section  shall  apply to a New York city uniformed
 correction/sanitation revised plan member, EXCEPT AS PROVIDED IN  SUBDI-
 VISION H OF THIS SECTION.
   H.  THIS  SECTION SHALL NOT APPLY TO A POLICE/FIRE MEMBER WHO RECEIVES
 THE ORDINARY DISABILITY BENEFIT PROVIDED FOR IN SUBDIVISION E OF SECTION
 FIVE HUNDRED SIX OF THIS ARTICLE OR THE  ACCIDENTAL  DISABILITY  BENEFIT
 PROVIDED  FOR  IN  SUBDIVISION C-1 OF SECTION FIVE HUNDRED SEVEN OF THIS
 ARTICLE, OR A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
 MEMBER WHO RECEIVES THE ORDINARY  DISABILITY  BENEFIT  PROVIDED  FOR  IN
 SUBDIVISION  F  OF SECTION FIVE HUNDRED SIX OF THIS ARTICLE OR THE ACCI-
 DENTAL DISABILITY BENEFIT PROVIDED FOR IN  SUBDIVISION  C-2  OF  SECTION
 FIVE HUNDRED SEVEN OF THIS ARTICLE.
   § 5. This act shall take effect immediately.

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