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.
STATE OF NEW YORK
________________________________________________________________________
4432
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
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 or her
10 own willful negligence, sustained in such service and while actually a
11 member of 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.
LBD07905-02-9
A. 4432 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 as
the result of a physical 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 compensation.
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 would 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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 23, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-40,
prepared by the Actuary for the New York State and Local Retirement
System.
