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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5290
SPONSOR: Abbate TITLE OF BILL:
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
PURPOSE:
This bill would allow a member who is injured as a result of a physical
assault by an assailant, which causes them to be physically or mentally
incapacitated for performance of their duties while in service shall be
entitled to accidental disability retirement unless the contrary can be
proven.
SUMMARY OF PROVISIONS:
This bill amends subdivision a of section 655-a of the retirement and
social security law.
JUSTIFICATION:
A member employed as a uniformed court officer or peace officer who is
assaulted while serving within the capacity of their job, and therefore
becomes physically or mentally incapacitated to complete the duties of
their job, should be eligible to receive an accidental retirement and
all applicable benefits. While working within the full capacity of their
job, a uniformed court officer or peace officer should be assured that
they will be eligible for an accidental retirement when they are injured
due to an accident completely out of their control.
LEGISLATIVE HISTORY:
First introduced in 2014.
FISCAL IMPLICATIONS:
See the bill.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5290
2015-2016 Regular Sessions
IN ASSEMBLY
February 17, 2015
___________
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
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
A. 5290 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.
