Bill Text: NY A07511 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to including assistant wardens as eligible members for performance of duty disability retirement benefits.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-06-15 - substituted by s3991a [A07511 Detail]

Download: New_York-2017-A07511-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7511
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 28, 2017
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Governmental Employees
        AN ACT to amend the retirement and social security law, in  relation  to
          including  assistant  wardens  as  eligible members for performance of
          duty disability retirement benefits
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions  a,  b  and  paragraph 2 of subdivision d of
     2  section 63-b of the retirement and social  security  law,  as  added  by
     3  chapter 639 of the laws of 1999, are amended to read as follows:
     4    a.  A  member employed by a county shall be eligible for a performance
     5  of duty disability retirement if the county elects to make the  benefits
     6  provided  herein  available,  as  provided  for in subdivision d of this
     7  section, and such member is a  sheriff,  deputy  sheriff,  undersheriff,
     8  assistant warden or correction officer.
     9    b.  Any  sheriff,  deputy  sheriff,  undersheriff, assistant warden or
    10  correction officer as defined in subdivision  a  of  this  section,  who
    11  becomes  physically  or  mentally  incapacitated  for the performance of
    12  duties as the natural and proximate result of an  injury,  sustained  in
    13  the  performance or discharge of his or her duties by, or as the natural
    14  and proximate result of an act of any inmate or any person  confined  in
    15  an  institution  under  the jurisdiction of such county, shall be paid a
    16  performance of duty disability retirement allowance equal to that  which
    17  is  provided  in  section  sixty-three  of  this  title,  subject to the
    18  provisions of section sixty-four of this title.
    19    2. The performance of duty disability retirement as defined in  subdi-
    20  visions  b  and  c  of this section shall be available only to sheriffs,
    21  deputy sheriffs, undersheriffs, assistant wardens and  correction  offi-
    22  cers whose employer elects to provide such benefits by adopting a resol-
    23  ution  to such effect and filing a certified copy thereof with the comp-
    24  troller. Such resolution shall be accompanied by the  affidavit  of  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02321-02-7
        A. 7511                             2
     1  chief  executive  officer  of the county that the county has received an
     2  estimate from the retirement system of the cost of the benefit  provided
     3  by this section.
     4    §  2.  Subdivisions  a  and  f  of section 607-c of the retirement and
     5  social security law, subdivision a as added by chapter 639 of  the  laws
     6  of  1999  and subdivision f as added by chapter 521 of the laws of 2014,
     7  are amended to read as follows:
     8    a. Any sheriff, deputy  sheriff,  undersheriff,  assistant  warden  or
     9  correction  officer as defined in subdivision a of section sixty-three-b
    10  of this chapter, and who  are  employed  in  a  county  which  makes  an
    11  election  pursuant  to  subdivision d of such section sixty-three-b, who
    12  becomes physically or mentally  incapacitated  for  the  performance  of
    13  duties  as  the  natural and proximate result of an injury, sustained in
    14  the performance or discharge of his or her duties by, or as the  natural
    15  and  proximate result of any act of any inmate or any person confined in
    16  an institution under the jurisdiction of such county, shall  be  paid  a
    17  performance  of duty disability retirement allowance equal to that which
    18  is provided in section sixty-three  of  this  chapter,  subject  to  the
    19  provisions of section sixty-four of this chapter.
    20    f.  Any  sheriff,  deputy  sheriff,  undersheriff, assistant warden or
    21  correction officer as defined in subdivision a of section  sixty-three-b
    22  of this chapter, and who are employed in Westchester county, who becomes
    23  physically  or  mentally  incapacitated for the performance of duties as
    24  the natural and proximate result of an injury, sustained in the perform-
    25  ance or discharge of his or her duties by, or as the natural and  proxi-
    26  mate  result of an intentional or reckless act of any civilian visiting,
    27  or otherwise present at, an institution under the jurisdiction  of  such
    28  county, shall be paid a performance of duty disability retirement allow-
    29  ance  equal  to  that  which  is provided in section sixty-three of this
    30  chapter, subject to the provisions of section sixty-four of  this  chap-
    31  ter.
    32    § 3. This act shall take effect immediately.
          FISCAL  NOTE.--This  bill  will  grant  coverage  under  a  75% of pay
        performance of duty  disability  benefit  for  assistant  wardens  whose
        employers  already  have elected to provide this benefit for their sher-
        iff, undersheriff, deputy sheriffs and correction officers.
          If this bill is enacted, the increase in the annual  contributions  of
        such affected counties will depend on the current salary and plan cover-
        age  of  the  affected members in its employ. For the fiscal year ending
        March 31, 2018, the additional annual cost, expressed as a percentage of
        annual pay of the affected members, will be 2.1% of pay for tiers  3,  4
        and  5,  and  1.9%  of pay for tier 6. In future years, this annual cost
        will vary as the billing rates of these plans change.
          There would also be a one-time past  service  cost  of  12.6%  of  the
        affected  wardens' annual billing salaries. This past service cost would
        be shared by the State of New York and the  participating  employers  in
        the New York State and Local Employees' Retirement System.
          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, 2016  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2016
        Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2015
        and 2016 Annual Report to the Comptroller on Actuarial Assumptions,  and
        A. 7511                             3
        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, 2016
        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 30,  2017,  and  intended  for  use  only
        during  the  2017  Legislative  Session,  is  Fiscal  Note  No. 2017-41,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.