STATE OF NEW YORK
________________________________________________________________________
4331
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
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 certain correction employees in
Suffolk 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 warden, deputy warden, correction captain, correction lieuten-
4 ant, correction lieutenant investigator, correction sergeant, correction
5 sergeant investigator, correction investigator or correction officer as
6 defined in subdivision a of section sixty-three-b of this chapter, who
7 is employed in Suffolk county, and who becomes physically or mentally
8 incapacitated for the performance of duties as the natural and proximate
9 result of an injury, sustained in the performance or discharge of his or
10 her duties by, or as the natural and proximate result of an intentional
11 or reckless act of any civilian visiting, or otherwise present at, an
12 institution under the jurisdiction of such county where such injury was
13 sustained and documented after the enactment of this section, shall be
14 paid a performance of duty disability retirement allowance equal to that
15 which is provided in section sixty-three of this chapter, subject to the
16 provisions of section sixty-four of this chapter. Notwithstanding any
17 other provision of law to the contrary, none of the provisions of this
18 subdivision shall be subject to section twenty-five of this chapter.
19 § 2. All past service costs associated with implementing the
20 provisions of this act will be borne by Suffolk county, and may be amor-
21 tized over a 10 year period.
22 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05672-03-7
A. 4331 2
This bill will allow any warden, deputy warden, correction captain,
correction lieutenant, correction lieutenant investigator, correction
sergeant, correction sergeant investigator, correction investigator or
correction officer employed by Suffolk 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
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 2017 legislative session, we
anticipate that there will be an increase in the annual contributions of
Suffolk County of approximately $220,000 for the fiscal year ending
March 31, 2018.
In addition to the annual contributions discussed above, it is esti-
mated that there will be a past service cost of approximately $1.26
million which would be borne by Suffolk County as a one-time payment.
This estimate is based on the assumption that payment will be made on
February 1, 2018. If Suffolk County elects to amortize this cost over a
10 year period, the cost for the first year would be $168,000.
These estimated costs are based on 907 affected officers employed by
Suffolk County with a total estimated annual salary of approximately
$100 million for the fiscal year ending March 31, 2016.
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, 2016 actuarial valu-
ation. Distributions and other statistics can be found in the 2016
Report of the Actuary and the 2016 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015
and 2016 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, 2016
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 19, 2017, and intended for use only
during the 2017 Legislative Session, is Fiscal Note No. 2017-30,
prepared by the Actuary for the New York State and Local Retirement
System.
