Bill Text: NY S03947 | 2015-2016 | General Assembly | Amended

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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 (Republican 1-0)

Status: (Introduced - Dead) 2015-06-17 - SUBSTITUTED BY A5290 [S03947 Detail]

Download: New_York-2015-S03947-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3947--A
           Cal. No. 247
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 24, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- reported favorably from said committee, ordered to first and second
         report, ordered to a third reading,  amended  and  ordered  reprinted,
         retaining its place in the order of third reading
       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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07735-05-5
       S. 3947--A                          2
         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.
         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.