Bill Text: NY S06799 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides sheriffs, deputy sheriffs, undersheriffs and correction officers in Westchester county 75% disability benefits for injuries sustained in the performance of duties that are a result of an intentional or reckless act of any civilian visiting or otherwise present at a correctional institution.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2014-12-17 - SIGNED CHAP.521 [S06799 Detail]

Download: New_York-2013-S06799-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6799
                                   I N  S E N A T E
                                    March 12, 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
         disability retirement benefits for sheriffs, deputy sheriffs, undersh-
         eriffs, and correction officers in Westchester county
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 607-c of the retirement and social security law  is
    2  amended by adding a new subdivision f to read as follows:
    3    F. ANY SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS
    4  DEFINED  IN  SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS CHAPTER, AND
    5  WHO ARE EMPLOYED  IN  WESTCHESTER  COUNTY,  WHO  BECOMES  PHYSICALLY  OR
    6  MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTIES AS THE NATURAL AND
    7  PROXIMATE RESULT OF AN INJURY, SUSTAINED IN THE PERFORMANCE OR DISCHARGE
    8  OF HIS OR HER DUTIES BY, OR AS THE NATURAL AND PROXIMATE  RESULT  OF  AN
    9  INTENTIONAL OR RECKLESS ACT OF ANY CIVILIAN VISITING, OR OTHERWISE PRES-
   10  ENT  AT,  AN INSTITUTION UNDER THE JURISDICTION OF SUCH COUNTY, SHALL BE
   11  PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
   12  WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE
   13  PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
   14    S 2. Notwithstanding any other provision of law to the contrary,  none
   15  of  the  provisions  of  this  act shall be subject to section 25 of the
   16  retirement and social security law.
   17    S 3. This act shall take effect immediately.
         FISCAL NOTE. -- Pursuant to Legislative law, Section 50:
         This bill will allow any  sheriff,  undersheriff,  deputy  sheriff  or
       correction  officer employed by Westchester County to become eligible to
       receive a performance of duty benefit due to the intentional or reckless
       act of a civilian visiting an institution under the jurisdiction of such
       county. The benefit will be 75% of final average  salary  less  worker's
       compensation. Currently, to be eligible for such improved benefit, it is
       required  that  such injuries were sustained as the result of an "act of
       an inmate".
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14176-02-4
       S. 6799                             2
         If this legislation is enacted during the 2014 legislative session, we
       anticipate that there will be an increase in the annual contributions of
       Westchester County of approximately $220,000 for the fiscal year  ending
       March 31, 2015.
         In addition to the annual contributions discussed above, there will be
       an  immediate  past  service  cost  of approximately $1.05 million which
       would be borne by the Westchester County as  a  one-time  payment.  This
       estimate  is based on the assumption that payment will be made on Febru-
       ary 1, 2015.
         These estimated costs are based on 822 sheriffs, undersheriffs, deputy
       sheriffs and correction officers employed by Westchester County  with  a
       total  estimated  annual  salary  of  approximately $100 million for the
       fiscal year ending March 31, 2013.
         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 March 4, 2014, and intended for use  only  during
       the  2014  Legislative  Session, is Fiscal Note No. 2014-98, prepared by
       the Actuary for the New  York  State  and  Local  Employees'  Retirement
       System.