STATE OF NEW YORK
________________________________________________________________________
9010
IN ASSEMBLY
January 12, 2018
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
disability retirement benefits for sheriffs, deputy sheriffs, undersh-
eriffs, and correction officers in Nassau county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 607-c of the retirement and social security law is
2 amended by adding a new subdivision g to read as follows:
3 g. Any sheriff, deputy sheriff, undersheriff, or correction officer as
4 defined in subdivision a of section sixty-three-b of this chapter, and
5 who is employed in Nassau county, who becomes physically or mentally
6 incapacitated for the performance of duties as the natural and proximate
7 result of an injury, sustained in the performance or discharge of his or
8 her duties by, or as the natural and proximate result of an intentional
9 or reckless act of any civilian visiting, or otherwise present at, an
10 institution under the jurisdiction of such county where such injury was
11 sustained and documented after the enactment of this section, shall be
12 paid a performance of duty disability retirement allowance equal to that
13 which is provided in section sixty-three of this chapter, subject to the
14 provisions of section sixty-four of this chapter. Notwithstanding any
15 other provision of law to the contrary, none of the provisions of this
16 subdivision shall be subject to section twenty-five of this chapter.
17 § 2. All past service costs associated with implementing the
18 provisions of this act will be borne by Nassau county, and may be amor-
19 tized over a ten year period.
20 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow any sheriff, undersheriff, deputy sheriff, or
correction officer employed by Nassau County to become eligible to
receive a performance of duty benefit due to the intentional or reckless
act of a civilian visiting an institution under the jurisdiction of such
county. The benefit will be 75% of final average salary less worker's
compensation. Currently, to be eligible for such improved benefit, it is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05673-04-7
A. 9010 2
required that such injuries were sustained as the result of an "act of
an inmate". Such injuries must be sustained and documented after the
enactment of this legislation.
If this legislation is enacted during the 2018 legislative session, we
anticipate that there will be an increase in the annual contributions of
Nassau County of approximately $210,000 for the fiscal year ending March
31, 2019.
In addition to the annual contributions discussed above, it is esti-
mated that there will be a past service cost of approximately $1.22
million which would be borne by Nassau County as a one-time payment.
This estimate is based on the assumption that payment will be made on
February 1, 2019. If Nassau County elects to amortize this cost over a
10 year period, the cost for the first year would be $162,000.
These estimated costs are based on 880 sheriffs, undersheriffs, deputy
sheriffs and correction officers employed by Nassau County with a total
estimated annual salary of approximately $96 million for the fiscal year
ending March 31, 2017.
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 the 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 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, 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 November 15, 2017, and intended for use only
during the 2018 Legislative Session, is Fiscal Note No. 2018-8, prepared
by the Actuary for the New York State and Local Retirement System.
