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A08109 Summary:

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A08109 Floor Votes:

A08109 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8109--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2011
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on  Governmental  Employees  --  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  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.
                                                                   LBD11832-03-1
        A. 8109--A                          2
 
     1  so retired. Such retirement shall be effective as of a date approved  by
     2  the comptroller.
     3    § 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    § 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

        A. 8109--A                          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    §  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.