Bill Text: NY S05655 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to disability retirement applications made by or on behalf of certain deputy sheriffs; ensures that a deputy sheriff who is disabled is not denied disability retirement benefits because they were unable to work in criminal law enforcement activities because of the disability at the date the application is filed.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-21 - SUBSTITUTED BY A8109A [S05655 Detail]
Download: New_York-2011-S05655-Introduced.html
S T A T E O F N E W Y O R K
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5655
2011-2012 Regular Sessions
I N S E N A T E
June 9, 2011
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
disability retirement applications made by or on behalf of certain
deputy sheriffs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision aa of section 555 of the retirement and social
2 security law, as added by chapter 165 of the laws of 1995, is amended to
3 read as follows:
4 aa. At the time of the filing of an application pursuant to this
5 section, the member must:
6 1. Have at least ten years of total service credit, and
7 2. Actually be in service upon which his or her membership is based,
8 or, have been discontinued from service, either voluntarily or involun-
9 tarily, for not more than ninety days, providing the member was disabled
10 prior to such discontinuance.
11 AN APPLICATION FOR DISABILITY RETIREMENT SHALL NOT BE DISAPPROVED ON
12 THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
13 NAL LAW ENFORCEMENT ACTIVITIES THAT AGGREGATE FIFTY PER CENTUM OF A
14 DEPUTY SHERIFF'S SERVICE DURING A PERIOD PRECEDING THE FILING OF THE
15 APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
16 ITY ALLEGED IN THE APPLICATION AND FURTHER PROVIDED THE DEPUTY SHERIFF
17 WAS CERTIFIED AS SO ENGAGED IN CRIMINAL LAW ENFORCEMENT ACTIVITIES BY
18 THE COUNTY SHERIFF FOR THE CALENDAR YEAR PRECEDING THE ONSET OF THE
19 DISABILITY.
20 After the filing of such an application, such member shall be given one
21 or more medical examinations. If the comptroller determines that the
22 member is physically or mentally incapacitated for the performance of
23 duty and ought to be retired for ordinary disability, he or she shall be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11832-02-1
S. 5655 2
1 so retired. Such retirement shall be effective as of a date approved by
2 the comptroller.
3 S 2. Subdivision a of section 556 of the retirement and social securi-
4 ty law, as amended by chapter 489 of the laws of 2008, is amended to
5 read as follows:
6 a. A member shall be entitled to an accidental disability retirement
7 allowance if, at the time application therefor is filed, he or she is:
8 1. Physically or mentally incapacitated for performance of duty as the
9 natural and proximate result of an accident not caused by his or her own
10 willful negligence sustained in such service and while actually a member
11 of the retirement system, and
12 2. Actually in service upon which his or her membership is based.
13 However, in a case where a member is discontinued from service subse-
14 quent to the accident, either voluntarily or involuntarily, and provided
15 that the member meets the requirements of paragraph one of this subdivi-
16 sion, application may be made either (a) by a vested member incapaci-
17 tated as the result of a qualifying World Trade Center condition as
18 defined in section two of this chapter at any time, or (b) not later
19 than two years after the member is first discontinued from service and
20 provided that the member meets the requirements of paragraph one of this
21 subdivision.
22 AN APPLICATION FOR DISABILITY RETIREMENT SHALL NOT BE DISAPPROVED ON
23 THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
24 NAL LAW ENFORCEMENT ACTIVITIES THAT AGGREGATE FIFTY PER CENTUM OF A
25 DEPUTY SHERIFF'S SERVICE DURING A PERIOD PRECEDING THE FILING OF THE
26 APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
27 ITY ALLEGED IN THE APPLICATION AND FURTHER PROVIDED THE DEPUTY SHERIFF
28 WAS CERTIFIED AS SO ENGAGED IN CRIMINAL LAW ENFORCEMENT ACTIVITIES BY
29 THE COUNTY SHERIFF AT THE TIME THE ACCIDENT IS ALLEGED TO HAVE OCCURRED.
30 S 3. Subdivision b of section 558 of the retirement and social securi-
31 ty law, as added by chapter 165 of the laws of 1995, paragraph 2 as
32 amended by chapter 489 of the laws of 2008, is amended to read as
33 follows:
34 b. Eligibility. A member shall be entitled to retirement for disabili-
35 ty incurred in the performance of duty if, at the time application
36 therefor is filed, he or she is:
37 1. Physically or mentally incapacitated for performance of duty as the
38 natural and proximate result of a disability not caused by his or her
39 own willful negligence sustained in such service and while actually a
40 member of the retirement system, and
41 2. Actually in service upon which his or her membership is based.
42 However, in a case where a member is discontinued from service, and
43 provided that the member meets the requirements of paragraph one of this
44 subdivision, application may be made, either (a) by a vested member
45 incapacitated as the result of a qualifying World Trade Center condition
46 as defined in section two of this chapter at any time, or (b) not later
47 than two years after the member is discontinued from service and
48 provided that the member meets the requirements of subdivision a of this
49 section and this subdivision.
50 AN APPLICATION FOR DISABILITY RETIREMENT SHALL NOT BE DISAPPROVED ON
51 THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
52 NAL LAW ENFORCEMENT ACTIVITIES THAT AGGREGATE FIFTY PER CENTUM OF A
53 DEPUTY SHERIFF'S SERVICE DURING A PERIOD PRECEDING THE FILING OF THE
54 APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
55 ITY ALLEGED IN THE APPLICATION AND FURTHER PROVIDED THE DEPUTY SHERIFF
56 WAS CERTIFIED AS SO ENGAGED IN CRIMINAL LAW ENFORCEMENT ACTIVITIES BY
S. 5655 3
1 THE COUNTY SHERIFF AT THE TIME THE PHYSICAL OR MENTAL INCAPACITATION FOR
2 THE PERFORMANCE OF DUTY IS ALLEGED TO HAVE OCCURRED.
3 S 4. This act shall take effect immediately and shall apply to all
4 applications filed pursuant to section 555, 556 or 558 of the retirement
5 and social security law on and after July 1, 2009.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the requirements for certain deputy sheriffs who
file a disability application. The application would not be disapproved
on the basis that such deputy failed to engage directly in criminal law
enforcement activities that aggregate at least fifty percent during a
period preceding the filing of the application, provided the failure to
do so was the result of the disability alleged in the application.
Further such deputy must have been certified by the county sheriff as
engaged in criminal law enforcement activities that aggregate at least
fifty percent at the time the accident is alleged to have occurred.
This will apply to all applications filed on and after July 1, 2009.
If this bill is enacted, the number of affected members cannot be
readily determined. The cost would depend on the number of affected
cases, as well as the type of disability granted, the age, service,
salary, plan and tier of the affected members. These costs would be
borne by the State of New York and all participating employers in the
New York State and Local Employees' Retirement System.
This estimate, dated May 31, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-190, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
