•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A07600 Summary:

BILL NOA07600C
 
SAME ASSAME AS S05594-C
 
SPONSORAbbate
 
COSPNSRColton, McDonough, Woerner, Santabarbara, Solages, Barrett, Pheffer Amato, Weprin, Pellegrino, Skoufis, Miller B, Curran, Wallace
 
MLTSPNSREnglebright, Lupardo, Stec, Thiele
 
Add 363-ee, amd 363-e, R & SS L
 
Relates to disability retirement for members of the department of environmental conservation, forest rangers, university police officers and the regional state park police.
Go to top    

A07600 Actions:

BILL NOA07600C
 
05/03/2017referred to governmental employees
05/23/2017reported referred to ways and means
06/05/2017amend and recommit to ways and means
06/05/2017print number 7600a
06/21/2017reported referred to rules
01/03/2018referred to governmental employees
01/12/2018amend and recommit to governmental employees
01/12/2018print number 7600b
02/05/2018reported referred to ways and means
02/21/2018amend and recommit to ways and means
02/21/2018print number 7600c
Go to top

A07600 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7600C
 
SPONSOR: Abbate
  TITLE OF BILL: An act to amend the retirement and social security law, in relation to disability retirement for members of the department of environmental conservation, forest rangers, university police offi- cers and the regional state park police   PURPOSE: To allow members of the division of law enforcement in the department of environmental conservation, forest rangers, university police officers and the regional state park police, who are injured in the performance of his or her duty and can no longer perform his or her duties due to the injury to receive three quarters accidental disability retirement. New York State Troopers, as well as members of the New York State Policemen's and Firemen's Retirement System already receive three quar- ters accidental disability retirement benefits.   SUMMARY OF PROVISIONS: Section one of this bill amends the retirement and social security law by adding a new section 363-cc to allow members of the division of law enforcement in the department of environmental conservation, forest rangers, the regional state park police, and university police officers who are injured in the performance of his or her duty and can no longer perform his or her duties due to the injury to receive three quarters accidental disability retirement. Section two of this bill amends the section heading and subdivision a of section 363-e of the retirement and social security law to create uniformity among disability retirement allowance for members of the division of law enforcement in the department of environmental conserva- tion, a police officer in the department of environmental conservation, the regional state park police, and university police officers. Section three of this bill states that this act shall take effect imme- diately.   JUSTIFICATION: New York State Police Officers as well as members of the New York State Policemen's and Firemen's Retirement System have three quarter disabili- ty benefits. However, New York State Environmental Conservation Offi- cers, Forest Rangers, Regional Park Police and State University Police do not. This legislation will allow Environmental Conservation Officers, Forest Rangers, State University Police and Regional Park Police who become physically or mentally incapacitated to complete the duties of his or her job, to become eligible to receive an accidental disability retire- ment and all applicable benefits. While working within the full capacity of their job, Environmental Conservation Officers, Forest Rangers, State University Police and State Park Police should be assured that he or she will be eligible for an accidental disability retirement if he or she is injured due to an incident that was completely out of his or her control that is equal to other branches of law enforcement. There is no better justification than the recent shooting tragedy of New York State Environmental Conservation Officer James Davey who sustained a gunshot while investigating a call for "shots fired" in rural Columbia County which was ultimately two men attempting to poach deer in a field at night. These types of terrible incidents demonstrate the risks that Environmental Conservation Officers, Forest Rangers, Regional Park Police and State University Police encounter on a day-to-day basis in performance of their job duties. They should receive the same acci- dental disability benefits as other law enforcement members.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: See the bill   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A07600 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7600--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 3, 2017
                                       ___________
 
        Introduced  by M. of A. ABBATE, COLTON, McDONOUGH, WOERNER, SANTABARBARA
          -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, THIELE -- read once and
          referred to the Committee on Governmental Employees  --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee -- recommitted to the Committee on Governmental Employees in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  and  referred to the Committee on Ways and Means --
          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
          disability retirement for members of the department  of  environmental
          conservation,  forest  rangers,  university  police  officers  and the
          regional state park police
 
          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 363-ee to read as follows:
     3    §  363-ee.  Accidental  disability  retirement  allowance  for certain
     4  members or officers of the division of law enforcement in the department
     5  of environmental  conservation,  forest  rangers,  regional  state  park
     6  police  officers,  and university police officers. a. A member may elect
     7  to receive an accidental disability  retirement  allowance  as  provided
     8  under  this section in lieu of the benefits provided under section three
     9  hundred sixty-three-e of this title if, at the time application therefor
    10  is filed, he or she is:
    11    1. Physically or mentally incapacitated for performance of duty as the
    12  natural and proximate result of an accident not caused by his or her own
    13  willful negligence sustained in such service and while actually  a  non-
    14  seasonally  appointed  member  of the division of law enforcement in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10864-08-8

        A. 7600--C                          2
 
     1  department of  environmental  conservation,  a  police  officer  in  the
     2  department  of  environmental  conservation,  an officer in the regional
     3  state park police, a forest ranger in the service of the  department  of
     4  environmental  conservation  which  shall  mean a person who serves on a
     5  full-time basis in the title of  forest  ranger  I,  forest  ranger  II,
     6  forest  ranger  III,  assistant  superintendent  of forest fire control,
     7  superintendent of forest fire control or any  successor  titles  or  new
     8  titles  in  the forest ranger title series in the department of environ-
     9  mental conservation, or a university police officer  appointed  pursuant
    10  to paragraph l of subdivision two of section three hundred fifty-five of
    11  the education law, 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.
    20    b. Application for an accidental disability retirement  allowance  for
    21  such a member may be made by:
    22    1. Such member, or
    23    2.  The head of the department where such member is employed or his or
    24  her designee, or
    25    3. A person acting on behalf of and authorized by such member.
    26    c. (a) After the filing of such an application such  member  shall  be
    27  given  one  or  more  medical examinations. No such application shall be
    28  approved, however, unless the member or some other person on his or  her
    29  behalf  shall have filed written notice in the office of the comptroller
    30  within ninety days after the accident, setting forth:
    31    1. The time when and the place where such accident occurred;
    32    2. The particulars thereof;
    33    3. The nature and extent of the member's injuries; and
    34    4. His or her alleged incapacity.
    35    (b) The notice herein required need not be given:
    36    1. If notice of such accident shall be filed in  accordance  with  the
    37  provisions  of the workers' compensation law of any state within which a
    38  participating employer shall have its employees  located  or  performing
    39  functions and duties within the normal scope of their employment, or
    40    2.  If  the  application for accidental disability retirement is filed
    41  within one year after the date of such accident, or
    42    3. If a failure to file notice has been excused for good  cause  shown
    43  as provided by rules and regulations promulgated by the comptroller.
    44    d.  If  the  comptroller  determines  that the member is physically or
    45  mentally incapacitated for the performance  of  duty  and  ought  to  be
    46  retired for accidental disability, such member shall be so retired. Such
    47  retirement shall be effective as of a date approved by the comptroller.
    48    e.  Notwithstanding  any other provision of law, the retirement allow-
    49  ance payable upon accidental disability retirement shall consist of:
    50    1. An annuity which shall be the actuarial equivalent of the  member's
    51  accumulated contributions, plus
    52    2. A pension which is the actuarial equivalent of the reserved-for-in-
    53  creased-take-home-pay to which he or she may be entitled, if any, plus
    54    3. A pension of three-quarters of his or her final average salary. The
    55  payment  of  such  pension shall be subject to the provisions of section
    56  three hundred sixty-four of this article.

        A. 7600--C                          3
 
     1    f. If the member, at the time of the filing of  an  application  under
     2  the  provisions  of  subdivision  b  of  this section, is eligible for a
     3  service retirement benefit, then and in that event, he or she may simul-
     4  taneously file an application for service retirement in accordance  with
     5  the  provisions  of  section  seventy of this chapter, provided that the
     6  member indicates on the application for  service  retirement  that  such
     7  application is filed without prejudice to the application for accidental
     8  disability retirement.
     9    g.  For  purposes  of this section, the term "accident" shall have the
    10  same meaning and be interpreted in the  same  manner  as  such  term  is
    11  defined  and interpreted to mean in section three hundred sixty-three of
    12  this title.
    13    h. 1. (a) Notwithstanding any provisions of this  chapter  or  of  any
    14  general,  special  or local law, charter, administrative code or rule or
    15  regulation to the contrary, if any condition or impairment of health  is
    16  caused  by  a  qualifying  World  Trade  Center  condition as defined in
    17  section two of this chapter, it shall be presumptive  evidence  that  it
    18  was  incurred  in  the performance and discharge of duty and the natural
    19  and proximate result of an accident not  caused  by  such  member's  own
    20  willful negligence, unless the contrary be proved by competent evidence.
    21    (b) The comptroller is hereby authorized to promulgate rules and regu-
    22  lations to implement the provisions of this paragraph.
    23    2. (a) Notwithstanding the provisions of this chapter or of any gener-
    24  al,  special or local law, charter, administrative code or rule or regu-
    25  lation to the contrary, if a member  who  participated  in  World  Trade
    26  Center rescue, recovery or cleanup operations, as defined in section two
    27  of  this  chapter,  and subsequently retired on a service retirement, an
    28  ordinary disability retirement  or  a  performance  of  duty  disability
    29  retirement  and subsequent to such retirement is determined by the comp-
    30  troller to have a qualifying World Trade Center condition, as defined in
    31  section two of this chapter, upon such determination by the  comptroller
    32  it  shall  be presumed that such disability was incurred in the perform-
    33  ance and discharge of duty as the natural and  proximate  result  of  an
    34  accident  not  caused  by such member's own willful negligence, and that
    35  the member would have been physically or mentally incapacitated for  the
    36  performance  and  discharge of duty of the position from which he or she
    37  retired had the condition been known and fully developed at the time  of
    38  the  member's  retirement,  unless  the  contrary is proven by competent
    39  evidence.
    40    (b) The comptroller shall consider a reclassification of the  member's
    41  retirement  as  an  accidental disability retirement effective as of the
    42  date of such reclassification.
    43    (c) Such member's retirement option shall not be changed as  a  result
    44  of such reclassification.
    45    (d)  The  member's former employer at the time of the member's retire-
    46  ment shall have an opportunity to be heard on the  member's  application
    47  for  reclassification  by the comptroller according to procedures devel-
    48  oped by the comptroller.
    49    (e) The comptroller is hereby authorized to promulgate rules and regu-
    50  lations to implement the provisions of this paragraph.
    51    i. Notwithstanding any other provision  of  this  chapter  or  of  any
    52  general,  special  or local law, charter, administrative code or rule or
    53  regulation to the contrary, if a retiree who: (1) has met  the  criteria
    54  of  subdivision h of this section and retired on a service or disability
    55  retirement, or would have met the criteria if not already retired on  an
    56  accidental  disability; and (2) has not been retired for more than twen-

        A. 7600--C                          4

     1  ty-five years; and (3) dies from a qualifying World Trade Center  condi-
     2  tion,  as  defined  in section two of this chapter, as determined by the
     3  applicable head of the retirement system or  applicable  medical  board,
     4  then  unless  the contrary be proven by competent evidence, such retiree
     5  shall be deemed to have died as a natural and  proximate  result  of  an
     6  accident  sustained  in  the  performance of duty and not as a result of
     7  willful negligence on his or her part. Such retiree's eligible benefici-
     8  ary, as set forth in section three  hundred  sixty-one  of  this  title,
     9  shall  be entitled to an accidental death benefit as provided by section
    10  three hundred sixty-one of this title,  however,  for  the  purposes  of
    11  determining  the  salary base upon which the accidental death benefit is
    12  calculated, the retiree shall be deemed to have died on the date of  his
    13  or  her  retirement.  Upon the retiree's death, the eligible beneficiary
    14  shall make a written application to the head of  the  retirement  system
    15  within  the time for filing an application for an accidental death bene-
    16  fit as set forth in  section  three  hundred  sixty-one  of  this  title
    17  requesting conversion of such retiree's service or disability retirement
    18  benefit  to an accidental death benefit. At the time of such conversion,
    19  the eligible beneficiary shall relinquish all rights to the  prospective
    20  benefits  payable  under  the  service or disability retirement benefit,
    21  including any post-retirement death benefits, since the retiree's death.
    22  If the eligible beneficiary is not the  only  beneficiary  receiving  or
    23  entitled to receive a benefit under the service or disability retirement
    24  benefit  (including,  but not limited to, post-retirement death benefits
    25  or benefits paid or payable pursuant to the retiree's option selection),
    26  the accidental death benefit payments to the eligible  beneficiary  will
    27  be reduced by any amounts paid or payable to any other beneficiary.
    28    j.  Notwithstanding  any  other  provision  of  this chapter or of any
    29  general, special or local law, charter, administrative code or  rule  or
    30  regulation to the contrary, if a member who: (1) has met the criteria of
    31  subdivision  h  of  this  section; and (2) dies in active service from a
    32  qualifying World Trade Center condition, as defined in  section  two  of
    33  this  chapter,  as  determined  by the applicable head of the retirement
    34  system or applicable medical board to have been caused by such  member's
    35  participation  in  the  World  Trade  Center rescue, recovery or cleanup
    36  operations, as defined in section two of this chapter, then  unless  the
    37  contrary be proven by competent evidence, such member shall be deemed to
    38  have  died as a natural and proximate result of an accident sustained in
    39  the performance of duty and not as a result of willful negligence on his
    40  or her part. Such member's eligible beneficiary, as set forth in section
    41  three hundred sixty-one of this title, shall be  entitled  to  an  acci-
    42  dental death benefit provided he or she makes written application to the
    43  head  of the retirement system within the time for filing an application
    44  for an accidental death benefit as set forth in  section  three  hundred
    45  sixty-one of this title.
    46    §  2.  The  section  heading and subdivision a of section 363-e of the
    47  retirement and social security law, as added by chapter 208 of the  laws
    48  of 1997, are amended to read as follows:
    49    Disability  retirement  allowance  for  members of the division of law
    50  enforcement in the  department  of  environmental  conservation,  police
    51  officers   in  the  department  of  environmental  conservation,  forest
    52  rangers, university police officers and the regional state park police.
    53    a. Every non-seasonally appointed sworn member or officer of the divi-
    54  sion of law enforcement in the department of environmental  conservation
    55  and  the regional state park police, every police officer in the depart-
    56  ment of  environmental  conservation,  every  forest  ranger  and  every

        A. 7600--C                          5
 
     1  university  police officer appointed pursuant to paragraph l of subdivi-
     2  sion two of section three hundred fifty-five of the  education  law  who
     3  becomes physically or mentally incapacitated for the performance of duty
     4  shall  be  covered  by  the  provisions  of  this section in lieu of the
     5  provisions of section three hundred sixty-two or  three  hundred  sixty-
     6  three of this [article] title; except, however, any such member or offi-
     7  cer  who last entered or reentered service in the department of environ-
     8  mental conservation or state park police, as the case may be,  prior  to
     9  September  first,  nineteen  hundred  ninety-seven, shall be entitled to
    10  apply for disability retirement pursuant to such sections and to receive
    11  the benefit so payable in lieu of the benefit payable pursuant  to  this
    12  section.  The  benefits  provided  by this section for university police
    13  officers shall be in lieu of section three hundred sixty-three  of  this
    14  article.
    15    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  grant  improved  accidental and performance of duty
        disability pensions to certain members or officers of  the  division  of
        law  enforcement  in  the  department of environmental conservation, and
        regional state park police. The benefit  for  an  accidental  disability
        would  be  75%  of final average salary minus worker's compensation. The
        benefit for a performance of duty disability benefit  would  be  50%  of
        final average salary.
          If this bill is enacted, the estimated increase in the annual contrib-
        utions  of  the  state  of New York for the fiscal year ending March 31,
        2019 would be approximately $350,000.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of $2.17 million which will be  borne  by
        the  state  of New York as a one-time payment. This estimate is based on
        the assumption that payment will be made on March 1, 2019.
          These estimated costs are based on 570 members having an annual salary
        for the fiscal year ending March 31, 2017 of approximately $48 million.
          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, 2017 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2017
        Report of the Actuary and 2017 Comprehensive Annual Financial Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
        tions,  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, 2017
        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  February  2,  2018,  and intended for use only
        during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-57,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
Go to top