Bill Text: NY A05290 | 2015-2016 | General Assembly | Amended
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 (Democrat 3-0)
Status: (Vetoed) 2015-10-26 - tabled [A05290 Detail]
Download: New_York-2015-A05290-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5290--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 17, 2015
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees -- 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
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. Paragraph 1 of subdivision a of section 605-a of the
2 retirement and social security law, as amended by chapter 489 of the
3 laws of 2008, is amended to read as follows:
4 1. Physically or mentally incapacitated for performance of duty as the
5 natural and proximate result of an accident OR PHYSICAL ASSAULT BY AN
6 ASSAILANT, not caused by his own willful negligence, sustained in such
7 service and while actually a member of the retirement system; and
8 S 2. Notwithstanding any other provision of law to the contrary, none
9 of the provisions of this act shall be subject to section 25 of the
10 retirement and social security law.
11 S 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 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 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07735-04-5
A. 5290--A 2
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, 2014 actuarial valu-
ation. Distributions and other statistics can be found in the 2014
Report of the Actuary and the 2014 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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 January 28, 2015 and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-52, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
