Add SS65, 365, 448-b, 507-j & 607-i, R & SS L; add S511-b, Ed L; add SS13-168.1 & 13-551.1, NYC Ad Cd
Provides a performance of duty disability retirement benefit for members of a public retirement system who are members of the armed forces and are injured in combat; such benefit shall be 75% of such member's final one year average salary.
STATE OF NEW YORK
________________________________________________________________________
7754
IN SENATE
June 18, 2012
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the retirement and social security law, the education
law and the administrative code of the city of New York, in relation
to a special disability retirement benefit for members of the armed
forces injured in combat
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 65 to read as follows:
3 § 65. Performance of duty disability benefit for members injured in
4 combat. a. Notwithstanding the provisions of section two hundred
5 forty-two, two hundred forty-three or two hundred forty-four of the
6 military law or the provisions of any other law, rule or regulation to
7 the contrary, any member or retiree who is a member of the military on
8 active duty in the armed forces of the United States or the organized
9 militia of the state of New York as defined in section one of the mili-
10 tary law, and who becomes physically incapacitated for the performance
11 of duties as the natural and proximate result of an injury sustained in
12 a combat theatre or combat zone of operations, as documented by the
13 award of a United States campaign ribbon or service medal, or the armed
14 forces expeditionary medal, navy expeditionary medal, marine corps
15 expeditionary medal, or global war on terrorism expeditionary medal,
16 shall be eligible for a performance of duty disability retirement allow-
17 ance equal to seventy-five percent of his or her one year final average
18 salary. For purposes of this section "combat theatre" or "combat zone of
19 operations" shall include hazardous service as described in section
20 310(a) of title 37 of the United States Code, regardless of whether or
21 not war has been declared by Congress.
22 b. Application for retirement for disability incurred in performance
23 of duty may be made by such member, or the head of the department in
24 which such member is employed. Application may be made not later than
25 two years after the member or retiree is discontinued from active duty
26 and provided that the member meets the requirements of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16071-01-2
S. 7754 2
1 c. After the filing of such an application, such member or retiree
2 shall be given one or more medical examinations. If the comptroller
3 determines that such person is physically incapacitated for the perform-
4 ance of duty and ought to be retired, he or she shall be so retired.
5 Such retirement shall be effective as of a date approved by the comp-
6 troller.
7 d. In the case of a member eligible for a performance of duty disabil-
8 ity retirement under this section, final average salary shall mean the
9 regular compensation earned from such participating employer by a member
10 during the twelve months of actual service immediately preceding the
11 date of such employee's retirement, exclusive of any lump sum payments
12 for sick leave, or accumulated vacation credit, or any form of termi-
13 nation pay; provided, however, if the compensation earned in said twelve
14 months exceeds that of the previous twelve months by more than twenty
15 per centum, the amount in excess of twenty per centum shall be excluded
16 in the computation of final average salary; provided further, however,
17 that the benefits computed pursuant to this section shall be payable
18 unless the member would otherwise be entitled to a greater benefit under
19 other provisions of this section, in which case such greater benefit
20 shall be payable.
21 e. The performance of duty disability benefit provided for in this
22 section shall be in lieu of any other retirement benefit which such
23 member or retiree is or may be entitled to receive from the retirement
24 system.
25 § 2. The retirement and social security law is amended by adding a new
26 section 365 to read as follows:
27 § 365. Performance of duty disability benefit for members injured in
28 combat. a. Notwithstanding the provisions of section two hundred
29 forty-two, two hundred forty-three or two hundred forty-four of the
30 military law or the provisions of any other law, rule or regulation to
31 the contrary, any member or retiree who is a member of the military on
32 active duty in the armed forces of the United States or the organized
33 militia of the state of New York as defined in section one of the mili-
34 tary law, and who becomes physically incapacitated for the performance
35 of duties as the natural and proximate result of an injury sustained in
36 a combat theatre or combat zone of operations, as documented by the
37 award of a United States campaign ribbon or service medal, or the armed
38 forces expeditionary medal, navy expeditionary medal, marine corps
39 expeditionary medal, or global war on terrorism expeditionary medal,
40 shall be eligible for a performance of duty disability retirement allow-
41 ance equal to seventy-five percent of his or her one year final average
42 salary. For purposes of this section "combat theatre" or "combat zone of
43 operations" shall include hazardous service as described in section
44 310(a) of title 37 of the United States Code, regardless of whether or
45 not war has been declared by Congress.
46 b. Application for retirement for disability incurred in performance
47 of duty may be made by such member, or the head of the department in
48 which such member is employed. Application may be made not later than
49 two years after the member or retiree is discontinued from active duty
50 and provided that the member meets the requirements of this section.
51 c. After the filing of such an application, such member or retiree
52 shall be given one or more medical examinations. If the comptroller
53 determines that such person is physically incapacitated for the perform-
54 ance of duty and ought to be retired, he or she shall be so retired.
55 Such retirement shall be effective as of a date approved by the comp-
56 troller.
S. 7754 3
1 d. In the case of a member eligible for a performance of duty disabil-
2 ity retirement under this section, final average salary shall mean the
3 regular compensation earned from such participating employer by a member
4 during the twelve months of actual service immediately preceding the
5 date of such employee's retirement, exclusive of any lump sum payments
6 for sick leave, or accumulated vacation credit, or any form of termi-
7 nation pay; provided, however, if the compensation earned in said twelve
8 months exceeds that of the previous twelve months by more than twenty
9 per centum, the amount in excess of twenty per centum shall be excluded
10 in the computation of final average salary; provided further, however,
11 that the benefits computed pursuant to this section shall be payable
12 unless the member would otherwise be entitled to a greater benefit under
13 other provisions of this section, in which case such greater benefit
14 shall be payable.
15 e. The performance of duty disability benefit provided for in this
16 section shall be in lieu of any other retirement benefit which such
17 member or retiree is or may be entitled to receive from the retirement
18 system.
19 § 3. The retirement and social security law is amended by adding a new
20 section 448-b to read as follows:
21 § 448-b. Performance of duty disability benefit for members injured in
22 combat. a. Notwithstanding the provisions of section two hundred
23 forty-two, two hundred forty-three or two hundred forty-four of the
24 military law or the provisions of any other law, rule or regulation to
25 the contrary, any member or retiree who is a member of the military on
26 active duty in the armed forces of the United States or the organized
27 militia of the state of New York as defined in section one of the mili-
28 tary law, and who becomes physically incapacitated for the performance
29 of duties as the natural and proximate result of an injury sustained in
30 a combat theatre or combat zone of operations, as documented by the
31 award of a United States campaign ribbon or service medal, or the armed
32 forces expeditionary medal, navy expeditionary medal, marine corps
33 expeditionary medal, or global war on terrorism expeditionary medal,
34 shall be eligible for a performance of duty disability retirement allow-
35 ance equal to seventy-five percent of his or her one year final average
36 salary. For purposes of this section "combat theatre" or "combat zone of
37 operations" shall include hazardous service as described in section
38 310(a) of title 37 of the United States Code, regardless of whether or
39 not war has been declared by Congress.
40 b. Application for retirement for disability incurred in performance
41 of duty may be made by such member, or the head of the department in
42 which such member is employed. Application may be made not later than
43 two years after the member or retiree is discontinued from active duty
44 and provided that the member meets the requirements of this section.
45 c. After the filing of such an application, such member or retiree
46 shall be given one or more medical examinations. If the head of the
47 retirement system determines that such person is physically incapaci-
48 tated for the performance of duty and ought to be retired, he or she
49 shall be so retired. Such retirement shall be effective as of a date
50 approved by the head of the retirement system.
51 d. In the case of a member eligible for a performance of duty disabil-
52 ity retirement under this section, final average salary shall mean the
53 regular compensation earned from such participating employer by a member
54 during the twelve months of actual service immediately preceding the
55 date of such employee's retirement, exclusive of any lump sum payments
56 for sick leave, or accumulated vacation credit, or any form of termi-
S. 7754 4
1 nation pay; provided, however, if the compensation earned in said twelve
2 months exceeds that of the previous twelve months by more than twenty
3 per centum, the amount in excess of twenty per centum shall be excluded
4 in the computation of final average salary; provided further, however,
5 that the benefits computed pursuant to this section shall be payable
6 unless the member would otherwise be entitled to a greater benefit under
7 other provisions of this section, in which case such greater benefit
8 shall be payable.
9 e. The performance of duty disability benefit provided for in this
10 section shall be in lieu of any other retirement benefit which such
11 member or retiree is or may be entitled to receive from the retirement
12 system.
13 § 4. The retirement and social security law is amended by adding a new
14 section 507-j to read as follows:
15 § 507-j. Performance of duty disability benefit for members injured in
16 combat. a. Notwithstanding the provisions of section two hundred
17 forty-two, two hundred forty-three or two hundred forty-four of the
18 military law or the provisions of any other law, rule or regulation to
19 the contrary, any member or retiree who is a member of the military on
20 active duty in the armed forces of the United States or the organized
21 militia of the state of New York as defined in section one of the mili-
22 tary law, and who becomes physically incapacitated for the performance
23 of duties as the natural and proximate result of an injury sustained in
24 a combat theatre or combat zone of operations, as documented by the
25 award of a United States campaign ribbon or service medal, or the armed
26 forces expeditionary medal, navy expeditionary medal, marine corps
27 expeditionary medal, or global war on terrorism expeditionary medal,
28 shall be eligible for a performance of duty disability retirement allow-
29 ance equal to seventy-five percent of his or her one year final average
30 salary. For purposes of this section "combat theatre" or "combat zone of
31 operations" shall include hazardous service as described in section
32 310(a) of title 37 of the United States Code, regardless of whether or
33 not war has been declared by Congress.
34 b. Application for retirement for disability incurred in performance
35 of duty may be made by such member, or the head of the department in
36 which such member is employed. Application may be made not later than
37 two years after the member or retiree is discontinued from active duty
38 and provided that the member meets the requirements of this section.
39 c. After the filing of such an application, such member or retiree
40 shall be given one or more medical examinations. If the head of the
41 retirement system determines that such person is physically incapaci-
42 tated for the performance of duty and ought to be retired, he or she
43 shall be so retired. Such retirement shall be effective as of a date
44 approved by the head of the retirement system.
45 d. In the case of a member eligible for a performance of duty disabil-
46 ity retirement under this section, final average salary shall mean the
47 regular compensation earned from such participating employer by a member
48 during the twelve months of actual service immediately preceding the
49 date of such employee's retirement, exclusive of any lump sum payments
50 for sick leave, or accumulated vacation credit, or any form of termi-
51 nation pay; provided, however, if the compensation earned in said twelve
52 months exceeds that of the previous twelve months by more than twenty
53 per centum, the amount in excess of twenty per centum shall be excluded
54 in the computation of final average salary; provided further, however,
55 that the benefits computed pursuant to this section shall be payable
56 unless the member would otherwise be entitled to a greater benefit under
S. 7754 5
1 other provisions of this section, in which case such greater benefit
2 shall be payable.
3 e. The performance of duty disability benefit provided for in this
4 section shall be in lieu of any other retirement benefit which such
5 member or retiree is or may be entitled to receive from the retirement
6 system.
7 § 5. The retirement and social security law is amended by adding a new
8 section 607-i to read as follows:
9 § 607-i. Performance of duty disability benefit for members injured in
10 combat. a. Notwithstanding the provisions of section two hundred
11 forty-two, two hundred forty-three or two hundred forty-four of the
12 military law or the provisions of any other law, rule or regulation to
13 the contrary, any member or retiree who is a member of the military on
14 active duty in the armed forces of the United States or the organized
15 militia of the state of New York as defined in section one of the mili-
16 tary law, and who becomes physically incapacitated for the performance
17 of duties as the natural and proximate result of an injury sustained in
18 a combat theatre or combat zone of operations, as documented by the
19 award of a United States campaign ribbon or service medal, or the armed
20 forces expeditionary medal, navy expeditionary medal, marine corps
21 expeditionary medal, or global war on terrorism expeditionary medal,
22 shall be eligible for a performance of duty disability retirement allow-
23 ance equal to seventy-five percent of his or her one year final average
24 salary. For purposes of this section "combat theatre" or "combat zone of
25 operations" shall include hazardous service as described in section
26 310(a) of title 37 of the United States Code, regardless of whether or
27 not war has been declared by Congress.
28 b. Application for retirement for disability incurred in performance
29 of duty may be made by such member, or the head of the department in
30 which such member is employed. Application may be made not later than
31 two years after the member or retiree is discontinued from active duty
32 and provided that the member meets the requirements of this section.
33 c. After the filing of such an application, such member or retiree
34 shall be given one or more medical examinations. If the head of the
35 retirement system determines that such person is physically incapaci-
36 tated for the performance of duty and ought to be retired, he or she
37 shall be so retired. Such retirement shall be effective as of a date
38 approved by the head of the retirement system.
39 d. In the case of a member eligible for a performance of duty disabil-
40 ity retirement under this section, final average salary shall mean the
41 regular compensation earned from such participating employer by a member
42 during the twelve months of actual service immediately preceding the
43 date of such employee's retirement, exclusive of any lump sum payments
44 for sick leave, or accumulated vacation credit, or any form of termi-
45 nation pay; provided, however, if the compensation earned in said twelve
46 months exceeds that of the previous twelve months by more than twenty
47 per centum, the amount in excess of twenty per centum shall be excluded
48 in the computation of final average salary; provided further, however,
49 that the benefits computed pursuant to this section shall be payable
50 unless the member would otherwise be entitled to a greater benefit under
51 other provisions of this section, in which case such greater benefit
52 shall be payable.
53 e. The performance of duty disability benefit provided for in this
54 section shall be in lieu of any other retirement benefit which such
55 member or retiree is or may be entitled to receive from the retirement
56 system.
S. 7754 6
1 § 6. The education law is amended by adding a new section 511-b to
2 read as follows:
3 § 511-b. Performance of duty disability benefit for members injured in
4 combat. a. Notwithstanding the provisions of section two hundred
5 forty-two, two hundred forty-three or two hundred forty-four of the
6 military law or the provisions of any other law, rule or regulation to
7 the contrary, any member or retiree who is a member of the military on
8 active duty in the armed forces of the United States or the organized
9 militia of the state of New York as defined in section one of the mili-
10 tary law, and who becomes physically incapacitated for the performance
11 of duties as the natural and proximate result of an injury sustained in
12 a combat theatre or combat zone of operations, as documented by the
13 award of a United States campaign ribbon or service medal, or the armed
14 forces expeditionary medal, navy expeditionary medal, marine corps
15 expeditionary medal, or global war on terrorism expeditionary medal,
16 shall be eligible for a performance of duty disability retirement allow-
17 ance equal to seventy-five percent of his or her one year final average
18 salary. For purposes of this section "combat theatre" or "combat zone
19 of operations" shall include hazardous service as described in section
20 310(a) of title 37 of the United States Code, regardless of whether or
21 not war has been declared by Congress.
22 b. Application for retirement for disability incurred in performance
23 of duty may be made by filing an application with the retirement board.
24 Application may be made not later than two years after the member or
25 retiree is discontinued from active duty and provided that the member
26 meets the requirements of this section.
27 c. After the filing of such an application, such member or retiree
28 shall be given one or more medical examinations. If the retirement
29 board determines that such person is physically incapacitated for the
30 performance of duty and ought to be retired, he or she shall be so
31 retired. Such retirement shall be effective as of a date approved by
32 the retirement board.
33 d. In the case of a member eligible for a performance of duty disabil-
34 ity retirement under this section, final average salary shall mean the
35 regular compensation earned from such participating employer by a member
36 during the twelve months of actual service immediately preceding the
37 date of such employee's retirement, exclusive of any lump sum payments
38 for sick leave, or accumulated vacation credit, or any form of termi-
39 nation pay; provided, however, if the compensation earned in said twelve
40 months exceeds that of the previous twelve months by more than twenty
41 per centum, the amount in excess of twenty per centum shall be excluded
42 in the computation of final average salary; provided further, however,
43 that the benefits computed pursuant to this section shall be payable
44 unless the member would otherwise be entitled to a greater benefit under
45 other provisions of this section, in which case such greater benefit
46 shall be payable.
47 e. The performance of duty disability benefit provided for in this
48 section shall be in lieu of any other retirement benefit which such
49 member or retiree is or may be entitled to receive from the retirement
50 system.
51 § 7. The administrative code of the city of New York is amended by
52 adding a new section 13-168.1 to read as follows:
53 § 13-168.1 Performance of duty disability benefit for members injured
54 in combat. a. Notwithstanding the provisions of section two hundred
55 forty-two, two hundred forty-three or two hundred forty-four of the
56 military law or the provisions of any other law, rule or regulation to
S. 7754 7
1 the contrary, any member or retiree who is a member of the military on
2 active duty in the armed forces of the United States or the organized
3 militia of the state of New York as defined in section one of the mili-
4 tary law, and who becomes physically incapacitated for the performance
5 of duties as the natural and proximate result of an injury sustained in
6 a combat theatre or combat zone of operations, as documented by the
7 award of a United States campaign ribbon or service medal, or the armed
8 forces expeditionary medal, navy expeditionary medal, marine corps
9 expeditionary medal, or global war on terrorism expeditionary medal,
10 shall be eligible for a performance of duty disability retirement allow-
11 ance equal to seventy-five percent of his or her one year final average
12 salary. For purposes of this section "combat theatre" or "combat zone
13 of operations" shall include hazardous service as described in section
14 310(a) of title 37 of the United States Code, regardless of whether or
15 not war has been declared by Congress.
16 b. Application for retirement for disability incurred in performance
17 of duty may be made by filing an application with the board of trustees
18 of the retirement system. Application may be made not later than two
19 years after the member or retiree is discontinued from active duty and
20 provided that the member meets the requirements of this section.
21 c. After the filing of such an application, such member or retiree
22 shall be given one or more medical examinations. If the medical board
23 determines that such person is physically incapacitated for the perform-
24 ance of duty and ought to be retired, he or she shall be so retired.
25 Such retirement shall be effective as of a date approved by the board of
26 trustees.
27 d. In the case of a member eligible for a performance of duty disabil-
28 ity retirement under this section, final average salary shall mean the
29 regular compensation earned from such participating employer by a member
30 during the twelve months of actual service immediately preceding the
31 date of such employee's retirement, exclusive of any lump sum payments
32 for sick leave, or accumulated vacation credit, or any form of termi-
33 nation pay; provided, however, if the compensation earned in said twelve
34 months exceeds that of the previous twelve months by more than twenty
35 per centum, the amount in excess of twenty per centum shall be excluded
36 in the computation of final average salary; provided further, however,
37 that the benefits computed pursuant to this section shall be payable
38 unless the member would otherwise be entitled to a greater benefit under
39 other provisions of this section, in which case such greater benefit
40 shall be payable.
41 e. The performance of duty disability benefit provided for in this
42 section shall be in lieu of any other retirement benefit which such
43 member or retiree is or may be entitled to receive from the retirement
44 system.
45 § 8. The administrative code of the city of New York is amended by
46 adding a new section 13-551.1 to read as follows:
47 § 13-551.1 Performance of duty disability benefit for members injured
48 in combat. a. Notwithstanding the provisions of section two hundred
49 forty-two, two hundred forty-three or two hundred forty-four of the
50 military law or the provisions of any other law, rule or regulation to
51 the contrary, any member or retiree who is a member of the military on
52 active duty in the armed forces of the United States or the organized
53 militia of the state of New York as defined in section one of the mili-
54 tary law, and who becomes physically incapacitated for the performance
55 of duties as the natural and proximate result of an injury sustained in
56 a combat theatre or combat zone of operations, as documented by the
S. 7754 8
1 award of a United States campaign ribbon or service medal, or the armed
2 forces expeditionary medal, navy expeditionary medal, marine corps
3 expeditionary medal, or global war on terrorism expeditionary medal,
4 shall be eligible for a performance of duty disability retirement allow-
5 ance equal to seventy-five percent of his or her one year final average
6 salary. For purposes of this section "combat theatre" or "combat zone of
7 operations" shall include hazardous service as described in section
8 310(a) of title 37 of the United State Code, regardless of whether or
9 not war has been declared by Congress.
10 b. Application for retirement for disability incurred in performance
11 of duty may be made by filing an application with the department in
12 which the member is employed. Application may be made not later than
13 two years after the member or retiree is discontinued from active duty
14 and provided that the member meets the requirements of this section.
15 c. After the filing of such an application, such member or retiree
16 shall be given one or more medical examinations. If the medical board
17 determines that such person is physically incapacitated for the perform-
18 ance of duty and ought to be retired, he or she shall be so retired.
19 Such retirement shall be effective as of a date approved by the retire-
20 ment system.
21 d. In the case of a member eligible for a performance of duty disabil-
22 ity retirement under this section, final average salary shall mean the
23 regular compensation earned from such participating employer by a member
24 during the twelve months of actual service immediately preceding the
25 date of such employee's retirement, exclusive of any lump sum payments
26 for sick leave, or accumulated vacation credit, or any form of termi-
27 nation pay; provided, however, if the compensation earned in said twelve
28 months exceeds that of the previous twelve months by more than twenty
29 per centum, the amount in excess of twenty per centum shall be excluded
30 in the computation of final average salary; provided further, however,
31 that the benefits computed pursuant to this section shall be payable
32 unless the member would otherwise be entitled to a greater benefit under
33 other provisions of this section, in which case such greater benefit
34 shall be payable.
35 e. The performance of duty disability benefit provided for in this
36 section shall be in lieu of any other retirement benefit which such
37 member or retiree is or may be entitled to receive from the retirement
38 system.
39 § 9. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after September 11, 2001; and
41 provided that applications for performance of duty disability retirement
42 pursuant to this act, made on the basis of injuries sustained prior to
43 the effective date of this act shall be filed not later than two years
44 after such effective date.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow certain members and retirees of public retire-
ment systems in New York State who are members of the military on active
duty who become physically incapacitated for the performance of duties
as the result of an injury sustained in a combat theatre or combat zone
of operations to receive a performance of duty disability benefit of 75%
of their one year final average salary. Affected individuals must file
an application within two years of being discontinued from active duty.
This bill would be deemed to have been in effect as of September 11,
2001.
If this bill is enacted, insofar at it would affect the New York State
and Local Employees' Retirement System (NYS&LERS) and the New York State
S. 7754 9
and Local Police and Fire Retirement System (NYS&LPFRS), the cost would
depend on the age, service, salary and plan of the affected member. It
is estimated that there could be per person one-time costs of as much as
four (4) times salary. These costs would be borne by the State of New
York and all the participating employers in the NYS&LERS and NYS&LPFRS.
Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010 and 2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
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 14, 2011, and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-11,
prepared by the Actuary for the NYS&LERS and the NYS&LPFRS.
