NY State Senate Bill 2019-S6217

Senate Bill S6217

2019-2020 Legislative Session

Establishes accidental disability retirement for correction officers, correction supervisors, deputy sheriff patrol and deputy sheriff patrol supervisors

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2020	print number 6217b
Mar 17, 2020	amend and recommit to civil service and pensions
Jan 08, 2020	referred to civil service and pensions
Jun 14, 2019	print number 6217a
Jun 14, 2019	amend and recommit to civil service and pensions
May 23, 2019	referred to civil service and pensions

Bill Amendments

Original

B (Active)

2019-S6217 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-f, R & SS L

2019-S6217 - Summary

Establishes accidental disability retirement for correction officers, correction supervisors, deputy sheriff patrol and deputy sheriff patrol supervisors; provides that the annual retirement allowance payable upon accidental disability retirement shall be a pension of three-quarters of a member's final average salary.

2019-S6217 - Sponsor Memo

2019-S6217 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6217
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   establishing accidental disability retirement for correction officers,
   correction supervisors,  deputy  sheriff  patrol  and  deputy  sheriff
   patrol supervisors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 605-f to read as follows:
   § 605-F. ACCIDENTAL DISABILITY  RETIREMENT  FOR  CORRECTION  OFFICERS,
 CORRECTION  SUPERVISORS, DEPUTY SHERIFF PATROL AND DEPUTY SHERIFF PATROL
 SUPERVISORS. A. A MEMBER EMPLOYED AS A  CORRECTION  OFFICER,  CORRECTION
 SUPERVISOR,  DEPUTY  SHERIFF PATROL AND DEPUTY SHERIFF PATROL SUPERVISOR
 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, UNLESS THE CONTRARY BE
 PROVED BY COMPETENT EVIDENCE, 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 NOT LATER THAN TWO YEARS AFTER THE MEMBER
 IS FIRST DISCONTINUED FROM SERVICE.
   B. APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  FOR
 SUCH A MEMBER MAY BE MADE BY:
   1. SUCH MEMBER; OR
   2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09483-02-9

 S. 6217                             2
 
   3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C.  1.  AFTER  THE FILING OF SUCH AN APPLICATION, SUCH MEMBER SHALL BE
 GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO  SUCH  APPLICATION  SHALL  BE
 APPROVED,  HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER
 BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE  COMPTROLLER
 WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   (A) THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED; AND
   (B) THE PARTICULARS THEREOF; AND
   (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   (D) HIS OR HER ALLEGED INCAPACITY.
   2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   (A)  IF  THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH
 THE PROVISIONS OF THE WORKERS' COMPENSATION  LAW  OF  ANY  STATE  WITHIN
 WHICH  A  PARTICIPATING  EMPLOYER  SHALL  HAVE  ITS EMPLOYEES LOCATED OR
 PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOY-
 MENT; OR
   (B) IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT  IS  FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT; OR
   (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   D. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
 MENTALLY  INCAPACITATED  FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE
 RETIRED FOR ACCIDENTAL DISABILITY, SUCH  MEMBER  SHALL  BE  SO  RETIRED.
 SUCH  RETIREMENT  SHALL  BE EFFECTIVE AS OF A DATE APPROVED BY THE COMP-
 TROLLER.
   E. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON ACCIDENTAL  DISABILITY
 RETIREMENT  SHALL  BE  A  PENSION  OF THREE-QUARTERS OF HIS OR HER FINAL
 AVERAGE SALARY. THE PAYMENT OF SUCH PENSION  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
   F.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
 THE PROVISIONS OF SUBDIVISION B OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
 TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
 THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
 MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
 DISABILITY RETIREMENT.
   G. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THIS  SECTION  SHALL
 APPLY  TO  CORRECTION  OFFICERS,  CORRECTION SUPERVISORS, DEPUTY SHERIFF
 PATROL AND DEPUTY SHERIFF PATROL SUPERVISORS WHO WERE HIRED ON OR  AFTER
 JULY TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would allow Tier 3, 4, 5 and 6 county correction officers,
 correction supervisors, deputy sheriff patrol and deputy sheriff  patrol
 supervisors to be eligible for an accidental disability if the member is
 physically  or  mentally  incapacitated  for  performance of duty as the
 natural and proximate result of an  accident,  unless  the  contrary  be
 proven  by  competent evidence. The benefit for an accidental disability
 would be 75% of final average salary less worker's compensation.
   If this bill is enacted, the cost will vary depending  on  a  member's
 plan. For members currently covered under the provisions of Article 14-B
 of the Retirement and Social Security Law (RSSL), the future annual cost
 will  be  0.3%  of salary. For all other members, the future annual cost
 will be 1.5% of salary. However, there is no cost  if  an  employer  has

 S. 6217                             3
 
 already elected Section 607-c of the RSSL. Pursuant to Section 25 of the
 RSSL, this cost will be borne by the State of New York.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past service cost which will vary depending on a member's
 plan. For members currently covered under the provisions of Article 14-B
 of the RSSL, the past service cost will be 2.9% of salary. For all other
 members, the past service cost will be 6.3%. However, there is  no  cost
 if  an  employer  has  already  elected  607-c  of the RSSL. Pursuant to
 Section 25 of the RSSL, this cost will be borne  by  the  State  of  New
 York.
   The  exact number of members who could be affected by this legislation
 cannot be readily determined.
   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, 2018 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2018
 Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  2017  and  2018  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, 2018
 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 fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated February 26, 2019,  and  intended  for  use  only
 during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-65,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2019-S6217A - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-f, R & SS L

2019-S6217A - Summary

2019-S6217A - Sponsor Memo

                                
 
BILL NUMBER: S6217A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to establishing accidental disability retirement for
correction officers, correction supervisors, deputy sheriff patrol and
deputy sheriff patrol supervisors

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a establishing accidental retirement with respect
to heart disease that results in disability for correction officers,
correction supervisors, deputy sheriff patrol and deputy sheriff patrol
supervisors employed by the NYS Department of Corrections.

 
SUMMARY OF PROVISIONS:

This bill amends the retirement and social security law, by adding a new
section 605f establishing accidental retirement for the following titles
employed by the NYS Department of Corrections: correction officers,
correction supervisors, deputy sheriff patrol and deputy sheriff patrol

supervisors.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended to notwithstand section 25 appropriation language and include an
updated fiscal note.

 
JUSTIFICATION:

Due to the nature and stress of their employment duties, the instance of
death or disability based off the inherent risk of their jobs is an
increasing and alarming concern among those employed as correction offi-
cers, correction supervisors, deputy sheriff patrol and deputy sheriff
patrol supervisors within the NYS Correctional System. This legislation
will provide these individuals with an Accidental Disability Retirement
(ADR).

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

See bill

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6217A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6217--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   --  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
   establishing accidental disability retirement for correction officers,
   correction  supervisors,  deputy  sheriff  patrol  and  deputy sheriff
   patrol supervisors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 605-f to read as follows:
   §  605-F.  ACCIDENTAL  DISABILITY  RETIREMENT FOR CORRECTION OFFICERS,
 CORRECTION SUPERVISORS, DEPUTY SHERIFF PATROL AND DEPUTY SHERIFF  PATROL
 SUPERVISORS.  A.  A  MEMBER EMPLOYED AS A CORRECTION OFFICER, CORRECTION
 SUPERVISOR, DEPUTY SHERIFF PATROL AND DEPUTY SHERIFF  PATROL  SUPERVISOR
 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,  UNLESS  THE  CONTRARY  BE
 PROVED  BY  COMPETENT  EVIDENCE,  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 NOT LATER THAN TWO YEARS AFTER THE  MEMBER
 IS FIRST DISCONTINUED FROM SERVICE.
   B.  APPLICATION  FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR
 SUCH A MEMBER MAY BE MADE BY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09483-06-9

 S. 6217--A                          2
 
   1. SUCH MEMBER; OR
   2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
   3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C.  1.  AFTER  THE FILING OF SUCH AN APPLICATION, SUCH MEMBER SHALL BE
 GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO  SUCH  APPLICATION  SHALL  BE
 APPROVED,  HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER
 BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE  COMPTROLLER
 WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   (A) THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED; AND
   (B) THE PARTICULARS THEREOF; AND
   (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   (D) HIS OR HER ALLEGED INCAPACITY.
   2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   (A)  IF  THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH
 THE PROVISIONS OF THE WORKERS' COMPENSATION  LAW  OF  ANY  STATE  WITHIN
 WHICH  A  PARTICIPATING  EMPLOYER  SHALL  HAVE  ITS EMPLOYEES LOCATED OR
 PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOY-
 MENT; OR
   (B) IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT  IS  FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT; OR
   (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   D. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
 MENTALLY  INCAPACITATED  FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE
 RETIRED FOR ACCIDENTAL DISABILITY, SUCH  MEMBER  SHALL  BE  SO  RETIRED.
 SUCH  RETIREMENT  SHALL  BE EFFECTIVE AS OF A DATE APPROVED BY THE COMP-
 TROLLER.
   E. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON ACCIDENTAL  DISABILITY
 RETIREMENT  SHALL  BE  A  PENSION  OF THREE-QUARTERS OF HIS OR HER FINAL
 AVERAGE SALARY. THE PAYMENT OF SUCH PENSION  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
   F.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
 THE PROVISIONS OF SUBDIVISION B OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
 TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
 THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
 MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
 DISABILITY RETIREMENT.
   G. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THIS  SECTION  SHALL
 APPLY  TO  CORRECTION  OFFICERS,  CORRECTION SUPERVISORS, DEPUTY SHERIFF
 PATROL AND DEPUTY SHERIFF PATROL SUPERVISORS WHO WERE HIRED ON OR  AFTER
 JULY TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX.
   §  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.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would allow Tier 3, 4, 5 and 6 county correction officers,
 correction supervisors, deputy sheriff patrol and deputy sheriff  patrol
 supervisors to be eligible for an accidental disability if the member is
 physically  or  mentally  incapacitated  for  performance of duty as the
 natural and proximate result of an  accident,  unless  the  contrary  be
 proven  by  competent evidence. The benefit for an accidental disability
 would be 75% of final average salary  less  worker's  compensation.  The

 S. 6217--A                          3
 
 provisions  of  Section  25  of  the  Retirement and Social Security Law
 (RSSL) do not apply.
   If  this  bill  is enacted, the cost will vary depending on a member's
 plan. For members currently covered under the provisions of Article 14-B
 of the RSSL, the future annual cost will be  0.3%  of  salary.  For  all
 other  members,  the future annual cost will be 1.5% of salary. However,
 there is no cost if an employer has already elected Section 607-c of the
 RSSL.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost which will vary depending on  a  member's
 plan. For members currently covered under the provisions of Article 14-B
 of the RSSL, the past service cost will be 2.9% of salary. For all other
 members,  the  past service cost will be 6.3%. However, there is no cost
 if an employer has already elected 607-c of the RSSL. This cost would be
 shared by the State of New York and all participating employers  of  the
 New York State and Local Employees' Retirement System.
   The  exact number of members who could be affected by this legislation
 cannot be readily determined.
   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, 2018 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2018
 Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  2017  and  2018  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, 2018
 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 fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated June 7, 2019, and intended for  use  only  during
 the  2019  Legislative Session, is Fiscal Note No. 2019-139, prepared by
 the Actuary for the New York State and Local Retirement System.

2019-S6217B (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-f, R & SS L

2019-S6217B (ACTIVE) - Summary

2019-S6217B (ACTIVE) - Sponsor Memo

2019-S6217B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6217--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted 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
   establishing accidental disability retirement for correction officers,
   correction  supervisors,  deputy  sheriff  patrol  and  deputy sheriff
   patrol supervisors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 605-f to read as follows:
   §  605-F.  ACCIDENTAL  DISABILITY  RETIREMENT FOR CORRECTION OFFICERS,
 CORRECTION SUPERVISORS, DEPUTY SHERIFF PATROL AND DEPUTY SHERIFF  PATROL
 SUPERVISORS.  A.  A  MEMBER EMPLOYED AS A CORRECTION OFFICER, CORRECTION
 SUPERVISOR, DEPUTY SHERIFF PATROL AND DEPUTY SHERIFF  PATROL  SUPERVISOR
 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,  UNLESS  THE  CONTRARY  BE
 PROVED  BY  COMPETENT  EVIDENCE,  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09483-07-0

 S. 6217--B                          2
 
 SION, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE  MEMBER
 IS FIRST DISCONTINUED FROM SERVICE.
   B.  APPLICATION  FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR
 SUCH A MEMBER MAY BE MADE BY:
   1. SUCH MEMBER; OR
   2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
   3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH  MEMBER  SHALL  BE
 GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
 APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
 BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
 WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   (A) THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED; AND
   (B) THE PARTICULARS THEREOF; AND
   (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   (D) HIS OR HER ALLEGED INCAPACITY.
   2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   (A) IF THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN  ACCORDANCE  WITH
 THE  PROVISIONS  OF  THE  WORKERS'  COMPENSATION LAW OF ANY STATE WITHIN
 WHICH A PARTICIPATING EMPLOYER  SHALL  HAVE  ITS  EMPLOYEES  LOCATED  OR
 PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOY-
 MENT; OR
   (B)  IF  THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT; OR
   (C) IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE  SHOWN
 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   D.  IF  THE  COMPTROLLER  DETERMINES  THAT THE MEMBER IS PHYSICALLY OR
 MENTALLY INCAPACITATED FOR THE PERFORMANCE  OF  DUTY  AND  OUGHT  TO  BE
 RETIRED  FOR  ACCIDENTAL  DISABILITY,  SUCH  MEMBER SHALL BE SO RETIRED.
 SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED  BY  THE  COMP-
 TROLLER.
   E.  THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON ACCIDENTAL DISABILITY
 RETIREMENT SHALL BE A PENSION OF THREE-QUARTERS  OF  HIS  OR  HER  FINAL
 AVERAGE  SALARY.  THE  PAYMENT  OF  SUCH PENSION SHALL BE SUBJECT TO THE
 PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
   F. IF THE MEMBER, AT THE TIME OF THE FILING OF  AN  APPLICATION  UNDER
 THE  PROVISIONS  OF  SUBDIVISION  B  OF  THIS SECTION, IS ELIGIBLE FOR A
 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
 TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE  WITH
 THE  PROVISIONS  OF  SECTION  SEVENTY OF THIS CHAPTER, PROVIDED THAT THE
 MEMBER INDICATES ON THE APPLICATION FOR  SERVICE  RETIREMENT  THAT  SUCH
 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
 DISABILITY RETIREMENT.
   G.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, THIS SECTION SHALL
 APPLY TO CORRECTION OFFICERS,  CORRECTION  SUPERVISORS,  DEPUTY  SHERIFF
 PATROL  AND DEPUTY SHERIFF PATROL SUPERVISORS WHO WERE HIRED ON OR AFTER
 JULY TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX.
   § 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.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow Tier 3, 4, 5 and 6 county  correction  officers,
 correction  supervisors, deputy sheriff patrol and deputy sheriff patrol
 supervisors to be eligible for an accidental disability if the member is
 physically or mentally incapacitated for  performance  of  duty  as  the

 S. 6217--B                          3
 
 natural  and  proximate  result  of  an accident, unless the contrary be
 proven by competent evidence. The benefit for an  accidental  disability
 would  be  75%  of  final average salary less worker's compensation. The
 provisions  of  Section  25  of  the  Retirement and Social Security Law
 (RSSL) do not apply.
   If this bill is enacted, the cost will vary depending  on  a  member's
 plan. For members currently covered under the provisions of Article 14-B
 of  the  RSSL,  the  future  annual cost will be 0.3% of salary. For all
 other members, the future annual cost will be 1.4% of  salary.  However,
 there is no cost if an employer has already elected Section 607-c of the
 RSSL.
   In addition to the annual contributions discussed above, there will be
 an  immediate  past service cost which will vary depending on a member's
 plan. For members currently covered under the provisions of Article 14-B
 of the RSSL, the past service cost will be 2.9% of salary. For all other
 members, the past service cost will be 6.3%. However, there is  no  cost
 if an employer has already elected 607-c of the RSSL. This cost would be
 shared  by  the State of New York and all participating employers of the
 New York State and Local Employees' Retirement System.
   The exact number of members who could be affected by this  legislation
 cannot be readily determined.
   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, 2019  actuarial  valu-
 ation.  Distributions  and  other  statistics  can  be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018, and 2019 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, 2019
 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 fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated March 11, 2020, and intended for use only  during
 the  2020  Legislative  Session, is Fiscal Note No. 2020-78, prepared by
 the Actuary for the New York State and Local Retirement System.

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