- Summary
- Actions
- Committee Votes
- Floor Votes
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S03922 Summary:
BILL NO | S03922 |
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SAME AS | SAME AS A06214 |
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SPONSOR | GOUNARDES |
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COSPNSR | FUNKE, ADDABBO, CARLUCCI, COMRIE, HELMING, JACOBS, JORDAN, KAPLAN, METZGER, SALAZAR, SAVINO, SKOUFIS, STAVISKY |
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MLTSPNSR | |
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Add §363-ee, amd §363-e, R & SS L | |
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Relates to disability retirement for members of the department of environmental conservation, forest rangers, university police officers and the regional state park police. |
S03922 Actions:
BILL NO | S03922 | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/21/2019 | REFERRED TO CIVIL SERVICE AND PENSIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2019 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2019 | 1ST REPORT CAL.608 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/08/2019 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2019 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2019 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2019 | substituted for a6214 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2019 | ordered to third reading rules cal.144 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/20/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/20/2019 | VETOED MEMO.266 |
S03922 Committee Votes:
Go to topS03922 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
No
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
No
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S03922 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3922 2019-2020 Regular Sessions IN SENATE February 21, 2019 ___________ Introduced by Sens. GOUNARDES, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to disability retirement for members of the department of environmental conservation, forest rangers, university police officers and the regional state park police The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The retirement and social security law is amended by adding 2 a new section 363-ee to read as follows: 3 § 363-ee. Accidental disability retirement allowance for certain 4 members or officers of the division of law enforcement in the department 5 of environmental conservation, forest rangers, regional state park 6 police officers, and university police officers. a. A member may elect 7 to receive an accidental disability retirement allowance as provided 8 under this section in lieu of the benefits provided under section three 9 hundred sixty-three-e of this title if, at the time application therefor 10 is filed, he or she is: 11 1. Physically or mentally incapacitated for performance of duty as the 12 natural and proximate result of an accident not caused by his or her own 13 willful negligence sustained in such service and while actually a non- 14 seasonally appointed member of the division of law enforcement in the 15 department of environmental conservation, a police officer in the 16 department of environmental conservation, an officer in the regional 17 state park police, a forest ranger in the service of the department of 18 environmental conservation which shall mean a person who serves on a 19 full-time basis in the title of forest ranger I, forest ranger II, 20 forest ranger III, assistant superintendent of forest fire control, 21 superintendent of forest fire control or any successor titles or new 22 titles in the forest ranger title series in the department of environ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08623-02-9S. 3922 2 1 mental conservation, or a university police officer appointed pursuant 2 to paragraph l of subdivision two of section three hundred fifty-five of 3 the education law, and 4 2. Actually in service upon which his or her membership is based. 5 However, in a case where a member is discontinued from service subse- 6 quent to the accident, either voluntarily or involuntarily, and provided 7 that the member meets the requirements of paragraph one of this subdivi- 8 sion, application may be made, either (a) by a vested member incapaci- 9 tated as the result of a qualifying World Trade Center condition as 10 defined in section two of this chapter at any time, or (b) not later 11 than two years after the member is first discontinued from service. 12 b. Application for an accidental disability retirement allowance for 13 such a member may be made by: 14 1. Such member, or 15 2. The head of the department where such member is employed or his or 16 her designee, or 17 3. A person acting on behalf of and authorized by such member. 18 c. (a) After the filing of such an application such member shall be 19 given one or more medical examinations. No such application shall be 20 approved, however, unless the member or some other person on his or her 21 behalf shall have filed written notice in the office of the comptroller 22 within ninety days after the accident, setting forth: 23 1. The time when and the place where such accident occurred; 24 2. The particulars thereof; 25 3. The nature and extent of the member's injuries; and 26 4. His or her alleged incapacity. 27 (b) The notice herein required need not be given: 28 1. If notice of such accident shall be filed in accordance with the 29 provisions of the workers' compensation law of any state within which a 30 participating employer shall have its employees located or performing 31 functions and duties within the normal scope of their employment, or 32 2. If the application for accidental disability retirement is filed 33 within one year after the date of such accident, or 34 3. If a failure to file notice has been excused for good cause shown 35 as provided by rules and regulations promulgated by the comptroller. 36 d. If the comptroller determines that the member is physically or 37 mentally incapacitated for the performance of duty and ought to be 38 retired for accidental disability, such member shall be so retired. Such 39 retirement shall be effective as of a date approved by the comptroller. 40 e. Notwithstanding any other provision of law, the retirement allow- 41 ance payable upon accidental disability retirement shall consist of: 42 1. An annuity which shall be the actuarial equivalent of the member's 43 accumulated contributions, plus 44 2. A pension which is the actuarial equivalent of the reserved-for-in- 45 creased-take-home-pay to which he or she may be entitled, if any, plus 46 3. A pension of three-quarters of his or her final average salary. The 47 payment of such pension shall be subject to the provisions of section 48 three hundred sixty-four of this title. 49 f. If the member, at the time of the filing of an application under 50 the provisions of subdivision b of this section, is eligible for a 51 service retirement benefit, then and in that event, he or she may simul- 52 taneously file an application for service retirement in accordance with 53 the provisions of section seventy of this chapter, provided that the 54 member indicates on the application for service retirement that such 55 application is filed without prejudice to the application for accidental 56 disability retirement.S. 3922 3 1 g. For purposes of this section, the term "accident" shall have the 2 same meaning and be interpreted in the same manner as such term is 3 defined and interpreted to mean in section three hundred sixty-three of 4 this title. 5 h. 1. (a) Notwithstanding any provisions of this chapter or of any 6 general, special or local law, charter, administrative code or rule or 7 regulation to the contrary, if any condition or impairment of health is 8 caused by a qualifying World Trade Center condition as defined in 9 section two of this chapter, it shall be presumptive evidence that it 10 was incurred in the performance and discharge of duty and the natural 11 and proximate result of an accident not caused by such member's own 12 willful negligence, unless the contrary be proved by competent evidence. 13 (b) The comptroller is hereby authorized to promulgate rules and regu- 14 lations to implement the provisions of this paragraph. 15 2. (a) Notwithstanding the provisions of this chapter or of any gener- 16 al, special or local law, charter, administrative code or rule or regu- 17 lation to the contrary, if a member who participated in World Trade 18 Center rescue, recovery or cleanup operations, as defined in section two 19 of this chapter, and subsequently retired on a service retirement, an 20 ordinary disability retirement or a performance of duty disability 21 retirement and subsequent to such retirement is determined by the comp- 22 troller to have a qualifying World Trade Center condition, as defined in 23 section two of this chapter, upon such determination by the comptroller 24 it shall be presumed that such disability was incurred in the perform- 25 ance and discharge of duty as the natural and proximate result of an 26 accident not caused by such member's own willful negligence, and that 27 the member would have been physically or mentally incapacitated for the 28 performance and discharge of duty of the position from which he or she 29 retired had the condition been known and fully developed at the time of 30 the member's retirement, unless the contrary is proven by competent 31 evidence. 32 (b) The comptroller shall consider a reclassification of the member's 33 retirement as an accidental disability retirement effective as of the 34 date of such reclassification. 35 (c) Such member's retirement option shall not be changed as a result 36 of such reclassification. 37 (d) The member's former employer at the time of the member's retire- 38 ment shall have an opportunity to be heard on the member's application 39 for reclassification by the comptroller according to procedures devel- 40 oped by the comptroller. 41 (e) The comptroller is hereby authorized to promulgate rules and regu- 42 lations to implement the provisions of this paragraph. 43 i. Notwithstanding any other provision of this chapter or of any 44 general, special or local law, charter, administrative code or rule or 45 regulation to the contrary, if a retiree who: (1) has met the criteria 46 of subdivision h of this section and retired on a service or disability 47 retirement, or would have met the criteria if not already retired on an 48 accidental disability; and (2) has not been retired for more than twen- 49 ty-five years; and (3) dies from a qualifying World Trade Center condi- 50 tion, as defined in section two of this chapter, as determined by the 51 applicable head of the retirement system or applicable medical board, 52 then unless the contrary be proven by competent evidence, such retiree 53 shall be deemed to have died as a natural and proximate result of an 54 accident sustained in the performance of duty and not as a result of 55 willful negligence on his or her part. Such retiree's eligible benefici- 56 ary, as set forth in section three hundred sixty-one of this title,S. 3922 4 1 shall be entitled to an accidental death benefit as provided by section 2 three hundred sixty-one of this title, however, for the purposes of 3 determining the salary base upon which the accidental death benefit is 4 calculated, the retiree shall be deemed to have died on the date of his 5 or her retirement. Upon the retiree's death, the eligible beneficiary 6 shall make a written application to the head of the retirement system 7 within the time for filing an application for an accidental death bene- 8 fit as set forth in section three hundred sixty-one of this title 9 requesting conversion of such retiree's service or disability retirement 10 benefit to an accidental death benefit. At the time of such conversion, 11 the eligible beneficiary shall relinquish all rights to the prospective 12 benefits payable under the service or disability retirement benefit, 13 including any post-retirement death benefits, since the retiree's death. 14 If the eligible beneficiary is not the only beneficiary receiving or 15 entitled to receive a benefit under the service or disability retirement 16 benefit (including, but not limited to, post-retirement death benefits 17 or benefits paid or payable pursuant to the retiree's option selection), 18 the accidental death benefit payments to the eligible beneficiary will 19 be reduced by any amounts paid or payable to any other beneficiary. 20 j. Notwithstanding any other provision of this chapter or of any 21 general, special or local law, charter, administrative code or rule or 22 regulation to the contrary, if a member who: (1) has met the criteria of 23 subdivision h of this section; and (2) dies in active service from a 24 qualifying World Trade Center condition, as defined in section two of 25 this chapter, as determined by the applicable head of the retirement 26 system or applicable medical board to have been caused by such member's 27 participation in the World Trade Center rescue, recovery or cleanup 28 operations, as defined in section two of this chapter, then unless the 29 contrary be proven by competent evidence, such member shall be deemed to 30 have died as a natural and proximate result of an accident sustained in 31 the performance of duty and not as a result of willful negligence on his 32 or her part. Such member's eligible beneficiary, as set forth in section 33 three hundred sixty-one of this title, shall be entitled to an acci- 34 dental death benefit provided he or she makes written application to the 35 head of the retirement system within the time for filing an application 36 for an accidental death benefit as set forth in section three hundred 37 sixty-one of this title. 38 § 2. The section heading and subdivision a of section 363-e of the 39 retirement and social security law, as added by chapter 208 of the laws 40 of 1997, are amended to read as follows: 41 Disability retirement allowance for members of the division of law 42 enforcement in the department of environmental conservation, police 43 officers in the department of environmental conservation, forest 44 rangers, university police officers and the regional state park police. 45 a. Every non-seasonally appointed sworn member or officer of the divi- 46 sion of law enforcement in the department of environmental conservation 47 and the regional state park police, every police officer in the depart- 48 ment of environmental conservation, every forest ranger and every 49 university police officer appointed pursuant to paragraph l of subdivi- 50 sion two of section three hundred fifty-five of the education law who 51 becomes physically or mentally incapacitated for the performance of duty 52 shall be covered by the provisions of this section in lieu of the 53 provisions of section three hundred sixty-two or three hundred sixty- 54 three of this [article] title; except, however, any such member or offi- 55 cer who last entered or reentered service in the department of environ- 56 mental conservation or state park police, as the case may be, prior toS. 3922 5 1 September first, nineteen hundred ninety-seven, shall be entitled to 2 apply for disability retirement pursuant to such sections and to receive 3 the benefit so payable in lieu of the benefit payable pursuant to this 4 section. The benefits provided by this section for university police 5 officers shall be in lieu of section three hundred sixty-three of this 6 title. 7 § 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would grant improved accidental and performance of duty disability pensions to certain members or officers of the division of law enforcement in the department of environmental conservation, forest rangers, regional state park police and university police officers. The benefit for an accidental disability would be 75% of final average sala- ry minus worker's compensation. The benefit for a performance of duty disability benefit would be 50% of final average salary. If this bill is enacted during the 2019 legislative session, we antic- ipate that there will be an increase of approximately $360,000 in the annual contributions for the fiscal year ending March 31, 2020. In future years, this cost will vary as the billing rates and salary of affected members change. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $1.04 million which will be borne by the state of New York as a one-time payment. This estimate is based on the assumption that payment will be made on March 1, 2020. These estimated costs are based on 578 members having an annual salary for the fiscal year ending March 31, 2018 of approximately $48.9 million. 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 judgement of an attorney. This estimate, dated February 12, 2019, and intended for used only during the 2019 Legislative Session, is Fiscal Note No. 2019-46, prepared by the Actuary for the New York State and Local Retirement System.