New York State Assembly

 
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A09199 Summary:

A09199 Actions:

A09199 Committee Votes:

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/08/2016AYE/NAY:31/1  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Nay
Weinstein
Aye
Saladino
Aye
Glick
Aye
Hawley
Aye
Nolan
Excused
Duprey
Excused
Pretlow
Aye
Corwin
Aye
Perry
Aye
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Excused
Braunstein
Aye

Committee:RULES   Chair:Heastie      
DATE:06/14/2016AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Excused
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A09199 Floor Votes:

A09199 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9199
 
                   IN ASSEMBLY
 
                                    February 3, 2016
                                       ___________
 
        Introduced  by  M.  of A. ABBATE, GOLDFEDER -- 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.
    24    §  2. Notwithstanding any other provision of law to the contrary, none
    25  of the provisions of this act shall be subject  to  section  25  of  the
    26  retirement and social security law.
    27    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13802-01-6
        A. 9199                             2
 
          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, 2015 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2015
        Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2015
        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, 2015
        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 14, 2016 and intended for use only during
        the 2016 Legislative Session, is Fiscal Note No.  2016-35,  prepared  by
        the Actuary for the New York State and Local Retirement System.