Bill Text: NY A06936 | 2021-2022 | General Assembly | Introduced


Bill Title: Permits beneficiaries of correction officers employed by Nassau county to elect to receive, in a lump sum, an amount payable equal to the pension reserve that would have been established had the member retired on the date of his or her death, or the value of the death benefit and the reserve-for-increased-take-home-pay, whichever is greater.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-06-09 - substituted by s4440 [A06936 Detail]

Download: New_York-2021-A06936-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6936

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 13, 2021
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees

        AN  ACT  to amend the retirement and social security law, in relation to
          providing death benefits for correction officers  employed  by  Nassau
          county

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 508-b to read as follows:
     3    § 508-b. Death benefits for correction  officers  employed  by  Nassau
     4  county.  a. As used in this section, the term "correction officer" shall
     5  mean a person employed by Nassau  county  with  a  title  of  correction
     6  recruit,  correction  officer, correction corporal, correction sergeant,
     7  correction lieutenant, or correction captain.
     8    b. Notwithstanding any provision of  law  to  the  contrary,  where  a
     9  correction  officer  would  have  been  entitled to a service retirement
    10  benefit at the time of his or her death  and  where  his  or  her  death
    11  occurs  on  or after the effective date of this section, the beneficiary
    12  or beneficiaries may elect to receive, in a lump sum, an amount  payable
    13  which  shall be equal to the pension reserve that would have been estab-
    14  lished had the member retired on the date of his or her  death,  or  the
    15  value  of the death benefit and the reserve-for-increased-take-home-pay,
    16  if any, whichever is greater.
    17    § 2. The retirement and social security law is amended by adding a new
    18  section 606-b to read as follows:
    19    § 606-b. Death benefits for correction  officers  employed  by  Nassau
    20  county.  a. As used in this section, the term "correction officer" shall
    21  mean a person employed by Nassau  county  with  a  title  of  correction
    22  recruit,  correction  officer, correction corporal, correction sergeant,
    23  correction lieutenant, or correction captain.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08569-02-1

        A. 6936                             2

     1    b. Notwithstanding any provision of  law  to  the  contrary,  where  a
     2  correction  officer  would  have  been  entitled to a service retirement
     3  benefit at the time of his or her death  and  where  his  or  her  death
     4  occurs  on  or after the effective date of this section, the beneficiary
     5  or  beneficiaries may elect to receive, in a lump sum, an amount payable
     6  which shall be equal to the pension reserve that would have been  estab-
     7  lished  had  the  member retired on the date of his or her death, or the
     8  value of the death benefit and the  reserve-for-increased-take-home-pay,
     9  if any, whichever is greater.
    10    §   3.  All  past  service  costs  associated  with  implementing  the
    11  provisions of this act shall be borne by the county of Nassau and may be
    12  amortized over a period of ten years.
    13    § 4. Notwithstanding any other provision of law to the contrary,  none
    14  of  the  provisions  of  this  act shall be subject to the appropriation
    15  requirement of section 25 of the retirement and social security law.
    16    § 5. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would modify the in-service  death  benefit  for  retirement
        eligible  tiers  3  through  6  members  of the New York State and Local
        Employees' Retirement System  who  are  employed  by  Nassau  County  in
        certain correction officer job titles. The in-service death benefit will
        be  the  value  of  the  pension reserve as if the member had retired on
        their date of death.
          If this bill is enacted during the 2021 legislative session, we antic-
        ipate that there will be an increase of  approximately  $55,000  in  the
        annual  contributions  of Nassau County for the fiscal year ending March
        31, 2022. In future years, this cost will vary as the billing rates  and
        salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost of approximately $778,000 which will be
        borne by Nassau County as a one-time payment. This estimate is based  on
        the  assumption that payment will be made on February 1, 2022. If Nassau
        County elects to amortize this cost over a 10 year period, the cost  for
        the first year including interest would be $103,000.
          These  estimated  costs  are based on 787 affected members employed by
        Nassau County, with annual salary of approximately $94.9 million  as  of
        March 31, 2020.
          Summary of relevant resources:
          Membership  data as of March 31, 2020 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2020 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        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, 2020
        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.

        A. 6936                             3

          This estimate, dated February 1,  2021,  and  intended  for  use  only
        during  the  2021  Legislative  Session,  is  Fiscal  Note  No. 2021-64,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
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