NY State Senate Bill 2017-S5410

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to civil service and pensions
Mar 24, 2017	referred to civil service and pensions

co-Sponsors

2017-S5410 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§501, 507 & 517, R & SS L

2017-S5410 (ACTIVE) - Summary

Relates to disability benefits for certain members of the New York city police pension fund.

2017-S5410 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5410

 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

 SUMMARY OF PROVISIONS :

This legislation would amend the New York State Retirement and Social
Security Law to provide an Accident Disability Retirement benefit for
Tier 3 and Tier 3R members of the Police Pension Fund. Specifically,
this legislation:

*Provides an accidental disability retirement benefit equal to
three-quarters of Final Average Salary (FAS)
*Removes the Social Security offset from disability benefits
*Includes Tier 2 Cost-of-Living Adjustment provisions
*Requires that eligible members to initially contribute an additional
one percent of wages which, depending on future cost calculations, may
be raised to a maximum 1.5 percent.

 REASONS FOR SUPPORT :

The City of New York deeply appreciates the service of its uniformed
employees, and the need for strong disability protections in light of
the dangers they face on a daily basis while maintaining our organized

society.

This legislation is the product of tireless efforts of the Police
Benevolent Association to work closely with.the City to arrive at an
agreement which would provide the men and women of the New York Police
Department to receive an accidental disability retirement pension
equal to three-quarters of FAS.

Under the current model, police pension fund members of Tiers 3 & 3R
who are injured in-the-line of duty stand to receive a disability
benefit of 50'1 of salary, which is offset by 50% of any Social
Security Disability income (a prerequisite to receiving a state
disability retirement). This legislation no only increases the benefit
to 75%, it removes the onerous Social Security offset.

This legislation represents a responsible compromise plan that ensures
that our brave uniformed men and women would receive coverage in the
event of tragic injury. In such an instance, making sure that
uniformed officers, and their families, are provided for is of
critical importance.

This legislation modifies the disability laws put in place by New York
State in 2009 and 2012, but stops short of a complete rollback of the
Governor's pension reforms that the Legislature passed and the
Governor signed a few years ago. It recognizes that our uniformed
employees must have disability benefits which protect them and their
families in the event of injury while performing their job duties.

 FISCAL IMPACT :

See fiscal note

 EFFECTIVE DATE :
This act shall take effect immediately

2017-S5410 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5410
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by Sens. FLANAGAN, 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  benefits  for  certain members of the New York city police
   pension fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 28 of section 501 of the retirement and social
 security law, as added by chapter 298 of the laws of 2016, is amended to
 read as follows:
   28. "New York city enhanced plan member" shall mean  (a)  a  New  York
 city  police/fire  revised  plan  member  who  becomes  subject  to  the
 provisions of this article on or  after  June  fifteenth,  two  thousand
 sixteen and who is a member of the New York city fire department pension
 fund, (b) a police/fire member who is a member of the New York city fire
 department pension fund and who makes an election, which shall be irrev-
 ocable and shall be duly executed and filed with the administrative head
 of  such  pension  fund  no later than one hundred twenty days after the
 effective date of this subdivision, to be subject to the  provisions  of
 this  article related to New York city enhanced plan members, [or] (c) a
 New York city police/fire revised plan member who became subject to  the
 provisions  of this article before June fifteenth, two thousand sixteen,
 who is a member of the New York city fire department pension  fund,  and
 who  makes  an  election,  which  shall be irrevocable and shall be duly
 executed and filed with the administrative head of such pension fund  no
 later  than  one  hundred  twenty  days after the effective date of this
 subdivision, to be subject to the provisions of this article related  to
 New  York  city  enhanced  plan members, (D) A NEW YORK CITY POLICE/FIRE
 REVISED PLAN MEMBER WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS  ARTI-
 CLE  ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN AND WHO IS A MEMBER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10806-01-7

 S. 5410                             2
 
 OF THE NEW YORK CITY POLICE PENSION FUND, (E) A POLICE/FIRE  MEMBER  WHO
 IS  A  MEMBER  OF THE NEW YORK CITY POLICE PENSION FUND AND WHO MAKES AN
 ELECTION, WHICH SHALL BE IRREVOCABLE AND  SHALL  BE  DULY  EXECUTED  AND
 FILED  WITH  THE  ADMINISTRATIVE HEAD OF SUCH PENSION FUND NO LATER THAN
 ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  SEVENTEEN WHICH AMENDED THIS SUBDIVISION, TO BE
 SUBJECT TO THE PROVISIONS OF THIS  ARTICLE  RELATED  TO  NEW  YORK  CITY
 ENHANCED  PLAN  MEMBERS, OR (F) A NEW YORK CITY POLICE/FIRE REVISED PLAN
 MEMBER WHO BECAME SUBJECT TO THE PROVISIONS OF THIS ARTICLE BEFORE APRIL
 FIRST, TWO THOUSAND SEVENTEEN, WHO IS A MEMBER  OF  THE  NEW  YORK  CITY
 POLICE  PENSION  FUND,  AND WHO MAKES AN ELECTION, WHICH SHALL BE IRREV-
 OCABLE AND SHALL BE DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD
 OF SUCH PENSION FUND NO LATER THAN ONE HUNDRED  TWENTY  DAYS  AFTER  THE
 EFFECTIVE  DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND SEVENTEEN
 WHICH AMENDED THIS SUBDIVISION, TO BE SUBJECT TO THE PROVISIONS OF  THIS
 ARTICLE RELATED TO NEW YORK CITY ENHANCED PLAN MEMBERS.
   § 2. Subdivision b of section 507 of the retirement and social securi-
 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
 as follows:
   b.  A  police/fire member in active service, a New York city uniformed
 correction/sanitation revised plan member in active service or an inves-
 tigator revised plan member in active service, or a vested member  inca-
 pacitated  as the result of a qualifying World Trade Center condition as
 defined in section two of this chapter, who is not eligible for a normal
 service retirement benefit shall be eligible for the accidental disabil-
 ity benefit either as provided in subdivision a of this  section  or  if
 such  member  is physically or mentally incapacitated for performance of
 duty as the natural and proximate result of  an  accident  sustained  in
 such  active  service and not caused by such member's own willful negli-
 gence; PROVIDED, HOWEVER, THAT NO NEW YORK CITY ENHANCED PLAN MEMBER WHO
 IS A MEMBER OF THE NEW YORK CITY POLICE PENSION FUND  WHO  IS  OTHERWISE
 ELIGIBLE  FOR  ACCIDENTAL  DISABILITY  BENEFITS PURSUANT TO THIS SECTION
 SHALL BE DEEMED TO BE INELIGIBLE FOR SUCH BENEFITS BECAUSE  SUCH  MEMBER
 IS ELIGIBLE FOR A NORMAL SERVICE RETIREMENT BENEFIT.
   § 3. Subdivision h of section 517 of the retirement and social securi-
 ty  law, as added by chapter 298 of the laws of 2016, is amended to read
 as follows:
   h. Notwithstanding any inconsistent provision of subdivision a of this
 section, New York city enhanced plan members WHO ARE MEMBERS OF THE  NEW
 YORK  CITY  FIRE DEPARTMENT PENSION FUND shall, as of the effective date
 of this subdivision PURSUANT TO CHAPTER TWO HUNDRED NINETY-EIGHT OF  THE
 LAWS  OF  TWO THOUSAND SIXTEEN, contribute three percent of annual wages
 to the pension fund in which they have membership,  plus  an  additional
 percentage  of  annual  wages  as set forth in [the] chapter TWO HUNDRED
 NINETY-EIGHT of the laws of  two  thousand  sixteen  [which  added  this
 subdivision].
   §  4. Section 517 of the retirement and social security law is amended
 by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBDIVISION A OF THIS
 SECTION, NEW YORK CITY ENHANCED PLAN MEMBERS WHO ARE MEMBERS OF THE  NEW
 YORK  CITY  POLICE  PENSION FUND SHALL, AS OF THE EFFECTIVE DATE OF THIS
 SUBDIVISION, CONTRIBUTE THREE PERCENT OF ANNUAL  WAGES  TO  THE  PENSION
 FUND  IN  WHICH  THEY  HAVE MEMBERSHIP, PLUS AN ADDITIONAL PERCENTAGE OF
 ANNUAL WAGES AS SET FORTH IN THE CHAPTER OF THE  LAWS  OF  TWO  THOUSAND
 SEVENTEEN WHICH ADDED THIS SUBDIVISION.

 S. 5410                             3
 
   § 5. New York City enhanced plan members, as defined in section 501 of
 the retirement and social security law as amended by section one of this
 act,  shall  contribute, pursuant to subdivision i of section 517 of the
 retirement and social security law, as added by  section  four  of  this
 act,  an  additional  one percent of annual wages to the pension fund in
 which they have membership. Every three years from the effective date of
 this act, the actuary of such pension fund shall  prepare  an  analysis,
 using current actuarial methods and assumptions in effect as of the date
 of  such  analysis,  assessing  the total cost of providing the benefits
 established by this act expressed  as  an  employee  contribution  of  a
 percentage  of annual wages of New York City enhanced plan members which
 would require no additional employer contribution. On the basis of  such
 analysis,  the additional percentage of annual wages provided for herein
 shall be adjusted to equal one percent of annual wages plus  any  amount
 by  which  the employee contribution calculated in such analysis exceeds
 2.2 percent of annual wages; provided, however, that in no  event  shall
 the additional percentage of annual wages exceed 1.5 percent.
   §  6.  Section 81 of chapter 18 of the laws of 2012 shall not apply to
 this act.
   § 7. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   If this bill were to be enacted in the 2017 legislative  session,  the
 cost  to the City of New York in fiscal year 2017-2018 would be approxi-
 mately $13.5 million.
   This fiscal note, dated March 24, 2017 is intended for use only during
 the 2017 Legislative Session.

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Senate Bill S5410

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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co-Sponsors

2017-S5410 (ACTIVE) - Details

2017-S5410 (ACTIVE) - Summary

2017-S5410 (ACTIVE) - Sponsor Memo

2017-S5410 (ACTIVE) - Bill Text download pdf

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

co-Sponsors

Martin J. Golden

2017-S5410 (ACTIVE) - Details

2017-S5410 (ACTIVE) - Summary

2017-S5410 (ACTIVE) - Sponsor Memo

2017-S5410 (ACTIVE) - Bill Text download pdf

Comments