S05012 Summary:

BILL NOS05012A
 
SAME ASSAME AS A07146-A
 
SPONSORGOLDEN
 
COSPNSRAKSHAR, DEFRANCISCO, LARKIN, ORTT, VALESKY
 
MLTSPNSR
 
Amd §363, R & SS L
 
Relates to extending the filing deadline from two years to five years for active and retired firefighters in the New York state and local police and fire retirement system.
Go to top    

S05012 Actions:

BILL NOS05012A
 
04/28/2015REFERRED TO CIVIL SERVICE AND PENSIONS
06/18/2015COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2015ORDERED TO THIRD READING CAL.1825
06/18/2015PASSED SENATE
06/18/2015DELIVERED TO ASSEMBLY
06/18/2015referred to ways and means
01/06/2016died in assembly
01/06/2016returned to senate
01/06/2016REFERRED TO CIVIL SERVICE AND PENSIONS
02/11/2016AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
02/11/2016PRINT NUMBER 5012A
06/14/2016COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/14/2016ORDERED TO THIRD READING CAL.1730
06/14/2016SUBSTITUTED BY A7146A
 A07146 AMEND=A Abbate
 04/27/2015referred to governmental employees
 06/02/2015reported referred to ways and means
 01/06/2016referred to governmental employees
 02/22/2016amend and recommit to governmental employees
 02/22/2016print number 7146a
 05/10/2016reported referred to ways and means
 06/08/2016reported referred to rules
 06/14/2016reported
 06/14/2016rules report cal.278
 06/14/2016ordered to third reading rules cal.278
 06/14/2016passed assembly
 06/14/2016delivered to senate
 06/14/2016REFERRED TO RULES
 06/14/2016SUBSTITUTED FOR S5012A
 06/14/20163RD READING CAL.1730
 06/14/2016PASSED SENATE
 06/14/2016RETURNED TO ASSEMBLY
 11/16/2016delivered to governor
 11/28/2016vetoed memo.236
 11/28/2016tabled
Go to top

S05012 Memo:

Memo not available
Go to top

S05012 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5012--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 28, 2015
                                       ___________
 
        Introduced  by  Sens. GOLDEN, DeFRANCISCO, LARKIN, VALESKY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Civil Service and Pensions -- recommitted to the Committee on Civil
          Service and Pensions in accordance with  Senate  Rule  6,  sec.  8  --
          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
          accidental disability retirement
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 2 of subdivision a of section 363 of the  retire-
     2  ment  and  social security law, as amended by chapter 489 of the laws of
     3  2008, is amended to read as follows:
     4    2. Actually in service upon which his membership is based. However, in
     5  a case where a member is discontinued from  service  subsequent  to  the
     6  accident,  either  voluntarily  or  involuntarily, and provided that the
     7  member meets the requirements of  paragraph  one  of  this  subdivision,
     8  application  may be made, either (a) by a vested member incapacitated as
     9  the result of a qualifying World Trade Center condition  as  defined  in
    10  section two of this chapter at any time, or (b) not later than two years
    11  after  the  member is first discontinued from service.  Provided further
    12  that in the case of an application filed for accidental disability bene-
    13  fits pursuant to section three hundred sixty-three-d of this title,  the
    14  requirements for filing for such benefits shall be five years.
    15    §  2. This act shall take effect immediately and apply to all applica-
    16  tions filed on or after January 1, 2014.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would extend the filing deadline from 2 years to 5 years for
        active and retired firefighters in the New York State and  Local  Police
        and  Fire  Retirement System to file an application for accidental disa-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10604-02-6

        S. 5012--A                          2
 
        bility retirement due to certain cancers. It will apply to all disabili-
        ty applications filed on or after January 1, 2014.
          If  this  bill  is enacted, the cost would depend on the age, service,
        salary and plan of the affected firefighters, as well  as  whether  such
        person  would have otherwise been eligible for, or has been receiving an
        ordinary disability, a performance  of  duty  disability  or  a  service
        retirement.
          For  those  who apply for this benefit subsequent to a service retire-
        ment, it is estimated that there would be an average per person cost  of
        approximately  2  times final average salary. For those who apply subse-
        quent to a performance of duty retirement, it is  estimated  that  there
        would  be  an  average  per person cost of approximately 2.5 times final
        average salary. For those who apply subsequent to an ordinary disability
        retirement, it is estimated that there would be an  average  per  person
        cost  of  approximately  5  times  final  average  salary. The number of
        members and retirees who could be affected by this legislation cannot be
        readily determined. These costs would be borne by the State of New  York
        and  all  the  participating  employers  in the New York State and Local
        Police and Fire Retirement System.
          For the one person known to be affected, there will be a one-time cost
        of approximately $244,000. This cost will be shared by the State of  New
        York and all the participating employers in the New York State and Local
        Police and Fire 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, 2015  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2015
        Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2015
        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, 2015
        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,  2016,  and intended for use only
        during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-38,
        prepared  for by the Actuary for the New York State and Local Retirement
        System.
Go to top