S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8399
 
                             I N  S E N A T E
 
                             February 23, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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
   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.
              

                                                            LBD09752-04-2
 S. 8399                             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 as
 the result of a physical 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 compensation.
   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 would be affected by this legislation
 cannot be readily determined. In all likelihood, very few members  would
 be affected.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 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 January 6, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No.  2022-44,  prepared  by
 the Actuary for the New York State and Local Retirement System.