Bill Text: NY S06757 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2014-12-17 - VETOED MEMO.562 [S06757 Detail]

Download: New_York-2013-S06757-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6757
                                   I N  S E N A T E
                                     March 6, 2014
                                      ___________
       Introduced  by  Sen.  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
         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:
    1    Section 1. Subdivision a of section 605-a of the retirement and social
    2  security  law, as amended by chapter 489 of the laws of 2008, is amended
    3  to read as follows:
    4    a. A member employed as a uniformed court officer or peace officer  in
    5  the  unified  court system shall be entitled to an accidental disability
    6  retirement allowance if, at the time application therefor is filed, such
    7  member is:
    8    1. Physically or mentally incapacitated for performance of duty as the
    9  natural and proximate result of an accident, not caused by his own will-
   10  ful negligence, sustained in such service and while actually a member of
   11  the retirement system; and
   12    2. Actually in service upon which his  or  her  membership  is  based.
   13  However,  in  a  case where a member is discontinued from service subse-
   14  quent to the accident, either voluntarily or involuntarily, and provided
   15  that the member meets the requirements of paragraph one of this subdivi-
   16  sion, application may be made either (a) by a  vested  member  incapaci-
   17  tated  as  the  result  of  a qualifying World Trade Center condition as
   18  defined in section two of this chapter at any time,  or  (b)  not  later
   19  than two years after the member is first discontinued from service.
   20    FOR  PURPOSES  OF  THIS  SUBDIVISION,  A  MEMBER WHO IS INJURED AS THE
   21  RESULT OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN  SERVICE
   22  SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA-
   23  RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION.
   24    S 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 uniformed court officers and
       peace officers in the unified court system to be eligible for  an  acci-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08229-06-4
       S. 6757                             2
       dental  disability for injuries sustained in the performance of duty and
       the result of an injury sustained in the  performance  or  discharge  of
       duty  by  or  as  the  result  of an 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  compen-
       sation.
         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 could be affected by this legislation
       cannot be readily determined. In all likelihood, very few members  would
       be affected.
         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, 2013  actuarial  valu-
       ation.    Distributions  and  other  statistics can be found in the 2013
       Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
       Report.
         The  actuarial assumptions and methods used are described in the 2010,
       2011, 2012 and 2013  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, 2013
       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  February  11,  2014  and intended for use only
       during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-81,
       prepared  by  the  Actuary  for  the New York State and Local Employees'
       Retirement System.
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