STATE OF NEW YORK ________________________________________________________________________ 5067--A 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. DeSTEFANO, DURSO, E. BROWN, PIROZZOLO, BENDETT, MCGOWAN, J. M. GIGLIO, MANKTELOW -- Multi-Sponsored by -- M. of A. FLOOD, J. A. GIGLIO -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT relating to disability retirement benefits for deputy sheriff Richard Stueber, a participant in World Trade Center rescue, recovery, and cleanup operations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Notwithstanding any other law to the contrary, Richard 2 Stueber, a deputy sheriff employed by Suffolk County who retired from 3 such service on March 1, 2019, and who participated in the World Trade 4 Center rescue, recovery and cleanup operations as a member of the New 5 York City police department, shall be entitled to a 75% accidental disa- 6 bility retirement benefit pursuant to paragraph 4 of subdivision d of 7 section 605 of the retirement and social security law based upon the 8 determination by the New York state and local employees' retirement 9 system on March 12, 2020 that Richard Stueber was permanently incapaci- 10 tated for the performance of his duties as a result of his partic- 11 ipation in the World Trade Center rescue, recovery, or cleanup oper- 12 ations. Such benefit shall be payable from the date of his retirement. 13 § 2. All costs associated with implementing this act shall be borne by 14 the state of New York. 15 § 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would allow Richard Stueber, a service retiree of the New York State and Local Employees Retirement System who previously worked for Suffolk County, to be entitled to an accidental disability retire- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06751-04-4A. 5067--A 2 ment benefit equal to 75% of final average salary, payable pursuant to Section 605(d)(4) of the Retirement and Social Security Law, as a result of their participation in the World Trade Center rescue, recovery and cleanup operations. The retirement benefit would be recalculated, and payment would be made retroactive to the date of retirement. If this bill is enacted during the 2024 Legislative Session, there will be an immediate past service cost of approximately $262,000 which will be borne by the State of New York as a one-time payment. This esti- mate assumes that payment will be made on March 1, 2025. Summary of relevant resources: Membership data as of March 31, 2023 was used in measuring the impact of the proposed change, the same data used in the April 1, 2023 actuari- al valuation. Distributions and other statistics can be found in the 2023 Report of the Actuary and the 2023 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2023 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, 2023 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 8, 2024, and intended for use only during the 2024 Legislative Session, is Fiscal Note No. 2024-115, prepared by the Actuary for the New York State and Local Retirement System.