STATE OF NEW YORK
________________________________________________________________________
6158
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
___________
Introduced by M. of A. GRAF, MONTESANO, KEARNS, LUPINACCI, DUPREY, McDO-
NOUGH, GARBARINO, WALTER, GOODELL, STECK, FINCH -- Multi-Sponsored by
-- M. of A. CERETTO, COOK, CROUCH, RIVERA -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
the retirement payable to any sheriff, deputy sheriff, undersheriff or
correction officer injured on the job
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 607-c of the retirement and social
2 security law, as added by chapter 639 of the laws of 1999, is amended to
3 read as follows:
4 a. [Any] Notwithstanding any other provision of law to the contrary,
5 any sheriff, deputy sheriff, undersheriff or correction officer as
6 defined in subdivision a of section sixty-three-b of this chapter, and
7 who are employed in a county which makes an election pursuant to subdi-
8 vision d of such section sixty-three-b[, who becomes physically or
9 mentally incapacitated for the performance of duties as the natural and
10 proximate result of an injury, sustained in the performance or discharge
11 of his or her duties by, or as the natural and proximate result of any
12 act of any inmate or any person confined in an institution under the
13 jurisdiction of such county, shall be paid a performance of duty disa-
14 bility retirement allowance equal to that which is provided in section
15 sixty-three of this chapter, subject to the provisions of section
16 sixty-four of this chapter] shall be paid a performance of duty disabil-
17 ity retirement allowance equal to that which is provided in section
18 sixty-three of this chapter, subject to the provisions of section
19 sixty-four of this chapter. Provided, however, such individual shall
20 have become physically or mentally incapacitated during the performance
21 of duties, and the performance of such duties was the natural and proxi-
22 mate cause of such injury. This provision of this section shall also
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05572-02-5
A. 6158 2
1 apply to any sheriff, deputy sheriff, undersheriff or correction officer
2 who becomes physically or mentally incapacitated during the performance
3 of duties when such physical or mental incapacitation was the result of
4 any act of any inmate or any person confined in an institution under the
5 jurisdiction of such county.
6 § 2. Subdivision f of section 558 of the retirement and social securi-
7 ty law, as added by chapter 165 of the laws of 1995, is amended to read
8 as follows:
9 f. The retirement allowance payable upon retirement for disability
10 incurred in the performance of duty shall consist of a pension of [one-
11 half] three-quarters of his or her final average salary plus an annuity
12 which shall be the actuarial equivalent of the member's accumulated
13 contributions, if any.
14 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow any sheriff, deputy sheriff, undersheriff or
correction officer who is currently covered under the provisions of
Section 607-c of the Retirement and Social Security Law (RSSL) who is
disabled in the performance of duty to receive a performance of duty
disability benefit of 75% of final average salary, less worker's compen-
sation. Currently, Section 607-c requires that this 75% of pay benefit
is paid only if the disability is the result of an act of an inmate.
This bill would also allow any sheriff, deputy sheriff or undersheriff
who is currently covered under the provisions of Article 14-B of the
RSSL who is disabled in the performance of duty to receive a benefit of
75% of final average salary, in addition to worker's compensation.
Current law provides a 50% of final average salary disability benefit.
If this bill is enacted, there will be an increase in the annual
contributions for the fiscal year ending March 31, 2015 which would
depend on the retirement plan coverage of affected members. The annual
increase in contributions for members covered under Article 14-B would
be approximately 2.0% of affected payroll. The annual increase in
contributions for members who are not covered under Article 14-B and
whose employer has elected to provide the benefits of Section 607-c
would be approximately 3.0% of affected payroll.
In addition to the annual costs above, there will be an immediate
one-time past service cost which we anticipate will be approximately
9.3% of the payroll of the affected members who are covered under Arti-
cle 14-B, and approximately 14.0% of the payroll of the affected members
who are not covered under Article 14-B and whose employers have elected
to provide the benefits of Section 607-c.
Pursuant to Section 25 of the Retirement and Social Security Law, the
past service cost and increase in annual contribution cost would be
borne by the State of New York and would require an itemized appropri-
ation by the State of New York sufficient to pay the cost of the
provision. The State may amortize these one-time costs over a period of
5 years.
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
A. 6158 3
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 February 5, 2015, and intended for use only
during the 2015 Legislative Session, is Fiscal Note Number 2015-46
prepared by the Actuary for the New York State and Local Employees'
Retirement System.
