S03947 Summary:

BILL NOS03947
 
SAME ASSAME AS A05290
 
SPONSORGOLDEN
 
COSPNSR
 
MLTSPNSR
 
Amd S605-a, R & SS L
 
Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.
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S03947 Actions:

BILL NOS03947
 
02/24/2015REFERRED TO CIVIL SERVICE AND PENSIONS
03/16/20151ST REPORT CAL.247
03/17/20152ND REPORT CAL.
03/18/2015ADVANCED TO THIRD READING
04/21/2015AMENDED ON THIRD READING 3947A
06/08/2015AMEND BY RESTORING TO ORIGINAL PRINT 3947
06/17/2015SUBSTITUTED BY A5290
 A05290 AMEND= Abbate
 02/17/2015referred to governmental employees
 04/20/2015amend and recommit to governmental employees
 04/20/2015print number 5290a
 05/26/2015amend by restoring to original print 5290
 06/02/2015reported referred to ways and means
 06/09/2015reported referred to rules
 06/15/2015reported
 06/15/2015rules report cal.346
 06/15/2015ordered to third reading rules cal.346
 06/16/2015passed assembly
 06/16/2015delivered to senate
 06/16/2015REFERRED TO RULES
 06/17/2015SUBSTITUTED FOR S3947
 06/17/2015PASSED SENATE
 06/17/2015RETURNED TO ASSEMBLY
 10/14/2015delivered to governor
 10/26/2015vetoed memo.206
 10/26/2015tabled
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S03947 Committee Votes:

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S03947 Floor Votes:

There are no votes for this bill in this legislative session.
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S03947 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3947
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 24, 2015
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- 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
          accidental  disability  retirement  for  uniformed  court officers and
          peace officers employed in the unified court system
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision a of section 605-a of the retirement and social
     2  security  law, as amended by chapter 489 of the laws of 2008, is amended
     3  to read as follows:
     4    a. A member employed as a uniformed court officer or peace officer  in
     5  the  unified  court system shall be entitled to an accidental disability
     6  retirement allowance if, at the time application therefor is filed, such
     7  member 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 own will-
    10  ful negligence, sustained in such service and while actually a member of
    11  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.
    20    For  purposes  of  this  subdivision,  a  member who is injured as the
    21  result of a physical assault by an assailant, suffered while in  service
    22  shall be entitled to accidental disability retirement unless the contra-
    23  ry can be proven by competent evidence under this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07735-03-5

        S. 3947                             2
 
     1    §  2. Notwithstanding any other provision of law to the contrary, none
     2  of the provisions of this act shall be subject  to  section  25  of  the
     3  retirement and social security law.
     4    § 3. This act shall take effect immediately.
          FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
          This  bill would allow Tier 3, 4, 5 and 6 uniformed court officers and
        peace officers in the unified court system to be eligible for  an  acci-
        dental  disability for injuries sustained in the performance of duty and
        the result of an injury sustained in the  performance  or  discharge  of
        duty  by  or  as  the  result  of an assault by an assailant, unless the
        contrary be proven by competent evidence. The benefit for an  accidental
        disability  would  be  75% of final average salary less worker's compen-
        sation.
          If this bill is enacted, the cost will vary depending on the  members'
        age,  service,  tier  and  salary.  It is estimated that the average per
        person cost will be approximately three (3) times salary.
          The exact number of members who could be affected by this  legislation
        cannot  be readily determined. In all likelihood, very few members would
        be affected.
          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, 2014 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2014
        Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2010,
        2011,  2012, 2013 and 2014 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, 2014
        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, 2015 and intended for use only during
        the 2015 Legislative Session, is Fiscal Note No.  2015-52,  prepared  by
        the  Actuary  for  the  New  York  State and Local Employees' Retirement
        System.
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