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S05594 Summary:

S05594 Actions:

S05594 Committee Votes:

S05594 Floor Votes:

S05594 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5594--C
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     April 19, 2017
                                       ___________
 
        Introduced   by   Sens.  GOLDEN,  AKSHAR,  BONACIC,  HAMILTON,  HELMING,
          MARCHIONE -- read twice and ordered printed, and when  printed  to  be
          committed  to  the Committee on Civil Service and Pensions -- reported
          favorably from said  committee  and  committed  to  the  Committee  on
          Finance  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee on Civil Service and Pensions in accordance with Senate Rule
          6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported  favorably  from
          said  committee and committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10864-07-8
        S. 5594--C                          2
 
     1  seasonally appointed member of the division of law  enforcement  in  the
     2  department  of  environmental  conservation,  a  police  officer  in the
     3  department of environmental conservation, an  officer  in  the  regional
     4  state  park  police, a forest ranger in the service of the department of
     5  environmental conservation which shall mean a person  who  serves  on  a
     6  full-time  basis  in  the  title  of  forest ranger I, forest ranger II,
     7  forest ranger III, assistant  superintendent  of  forest  fire  control,
     8  superintendent  of  forest  fire  control or any successor titles or new
     9  titles in the forest ranger title series in the department  of  environ-
    10  mental  conservation,  or a university police officer appointed pursuant
    11  to paragraph l of subdivision two of section three hundred fifty-five of
    12  the education law, and
    13    2. Actually in service upon which his  or  her  membership  is  based.
    14  However,  in  a  case where a member is discontinued from service subse-
    15  quent to the accident, either voluntarily or involuntarily, and provided
    16  that the member meets the requirements of paragraph one of this subdivi-
    17  sion, application may be made, either (a) by a vested  member  incapaci-
    18  tated  as  the  result  of  a qualifying World Trade Center condition as
    19  defined in section two of this chapter at any time,  or  (b)  not  later
    20  than two years after the member is first discontinued from service.
    21    b.  Application  for an accidental disability retirement allowance for
    22  such a member may be made by:
    23    1. Such member, or
    24    2. The head of the department where such member is employed or his  or
    25  her designee, or
    26    3. A person acting on behalf of and authorized by such member.
    27    c.  (a)  After  the filing of such an application such member shall be
    28  given one or more medical examinations. No  such  application  shall  be
    29  approved,  however, unless the member or some other person on his or her
    30  behalf shall have filed written notice in the office of the  comptroller
    31  within ninety days after the accident, setting forth:
    32    1. The time when and the place where such accident occurred;
    33    2. The particulars thereof;
    34    3. The nature and extent of the member's injuries; and
    35    4. His or her alleged incapacity.
    36    (b) The notice herein required need not be given:
    37    1.  If  notice  of such accident shall be filed in accordance with the
    38  provisions of the workers' compensation law of any state within which  a
    39  participating  employer  shall  have its employees located or performing
    40  functions and duties within the normal scope of their employment, or
    41    2. If the application for accidental disability  retirement  is  filed
    42  within one year after the date of such accident, or
    43    3.  If  a failure to file notice has been excused for good cause shown
    44  as provided by rules and regulations promulgated by the comptroller.
    45    d. If the comptroller determines that  the  member  is  physically  or
    46  mentally  incapacitated  for  the  performance  of  duty and ought to be
    47  retired for accidental disability, such member shall be so retired. Such
    48  retirement shall be effective as of a date approved by the comptroller.
    49    e. Notwithstanding any other provision of law, the  retirement  allow-
    50  ance payable upon accidental disability retirement shall consist of:
    51    1.  An annuity which shall be the actuarial equivalent of the member's
    52  accumulated contributions, plus
    53    2. A pension which is the actuarial equivalent of the reserved-for-in-
    54  creased-take-home-pay to which he or she may be entitled, if any, plus
        S. 5594--C                          3
 
     1    3. A pension of three-quarters of his or her final average salary. The
     2  payment of such pension shall be subject to the  provisions  of  section
     3  three hundred sixty-four of this article.
     4    f.  If  the  member, at the time of the filing of an application under
     5  the provisions of subdivision b of  this  section,  is  eligible  for  a
     6  service retirement benefit, then and in that event, he or she may simul-
     7  taneously  file an application for service retirement in accordance with
     8  the provisions of section seventy of this  chapter,  provided  that  the
     9  member  indicates  on  the  application for service retirement that such
    10  application is filed without prejudice to the application for accidental
    11  disability retirement.
    12    g. For purposes of this section, the term "accident"  shall  have  the
    13  same  meaning  and  be  interpreted  in  the same manner as such term is
    14  defined and interpreted to mean in section three hundred sixty-three  of
    15  this title.
    16    h.  1.  (a)  Notwithstanding  any provisions of this chapter or of any
    17  general, special or local law, charter, administrative code or  rule  or
    18  regulation  to the contrary, if any condition or impairment of health is
    19  caused by a qualifying  World  Trade  Center  condition  as  defined  in
    20  section  two  of  this chapter, it shall be presumptive evidence that it
    21  was incurred in the performance and discharge of duty  and  the  natural
    22  and  proximate  result  of  an  accident not caused by such member's own
    23  willful negligence, unless the contrary be proved by competent evidence.
    24    (b) The comptroller is hereby authorized to promulgate rules and regu-
    25  lations to implement the provisions of this paragraph.
    26    2. (a) Notwithstanding the provisions of this chapter or of any gener-
    27  al, special or local law, charter, administrative code or rule or  regu-
    28  lation  to  the  contrary,  if  a member who participated in World Trade
    29  Center rescue, recovery or cleanup operations, as defined in section two
    30  of this chapter, and subsequently retired on a  service  retirement,  an
    31  ordinary  disability  retirement  or  a  performance  of duty disability
    32  retirement and subsequent to such retirement is determined by the  comp-
    33  troller to have a qualifying World Trade Center condition, as defined in
    34  section  two of this chapter, upon such determination by the comptroller
    35  it shall be presumed that such disability was incurred in  the  perform-
    36  ance  and  discharge  of  duty as the natural and proximate result of an
    37  accident not caused by such member's own willful  negligence,  and  that
    38  the  member would have been physically or mentally incapacitated for the
    39  performance and discharge of duty of the position from which he  or  she
    40  retired  had the condition been known and fully developed at the time of
    41  the member's retirement, unless the  contrary  is  proven  by  competent
    42  evidence.
    43    (b)  The comptroller shall consider a reclassification of the member's
    44  retirement as an accidental disability retirement effective  as  of  the
    45  date of such reclassification.
    46    (c)  Such  member's retirement option shall not be changed as a result
    47  of such reclassification.
    48    (d) The member's former employer at the time of the  member's  retire-
    49  ment  shall  have an opportunity to be heard on the member's application
    50  for reclassification by the comptroller according to  procedures  devel-
    51  oped by the comptroller.
    52    (e) The comptroller is hereby authorized to promulgate rules and regu-
    53  lations to implement the provisions of this paragraph.
    54    i.  Notwithstanding  any  other  provision  of  this chapter or of any
    55  general, special or local law, charter, administrative code or  rule  or
    56  regulation  to  the contrary, if a retiree who: (1) has met the criteria
        S. 5594--C                          4
 
     1  of subdivision h of this section and retired on a service or  disability
     2  retirement,  or would have met the criteria if not already retired on an
     3  accidental disability; and (2) has not been retired for more than  twen-
     4  ty-five  years; and (3) dies from a qualifying World Trade Center condi-
     5  tion, as defined in section two of this chapter, as  determined  by  the
     6  applicable  head  of  the retirement system or applicable medical board,
     7  then unless the contrary be proven by competent evidence,  such  retiree
     8  shall  be  deemed  to  have died as a natural and proximate result of an
     9  accident sustained in the performance of duty and not  as  a  result  of
    10  willful negligence on his or her part. Such retiree's eligible benefici-
    11  ary,  as  set  forth  in  section three hundred sixty-one of this title,
    12  shall be entitled to an accidental death benefit as provided by  section
    13  three  hundred  sixty-one  of  this  title, however, for the purposes of
    14  determining the salary base upon which the accidental death  benefit  is
    15  calculated,  the retiree shall be deemed to have died on the date of his
    16  or her retirement. Upon the retiree's death,  the  eligible  beneficiary
    17  shall  make  a  written application to the head of the retirement system
    18  within the time for filing an application for an accidental death  bene-
    19  fit  as  set  forth  in  section  three  hundred sixty-one of this title
    20  requesting conversion of such retiree's service or disability retirement
    21  benefit to an accidental death benefit. At the time of such  conversion,
    22  the  eligible beneficiary shall relinquish all rights to the prospective
    23  benefits payable under the service  or  disability  retirement  benefit,
    24  including any post-retirement death benefits, since the retiree's death.
    25  If  the  eligible  beneficiary  is not the only beneficiary receiving or
    26  entitled to receive a benefit under the service or disability retirement
    27  benefit (including, but not limited to, post-retirement  death  benefits
    28  or benefits paid or payable pursuant to the retiree's option selection),
    29  the  accidental  death benefit payments to the eligible beneficiary will
    30  be reduced by any amounts paid or payable to any other beneficiary.
    31    j. Notwithstanding any other provision  of  this  chapter  or  of  any
    32  general,  special  or local law, charter, administrative code or rule or
    33  regulation to the contrary, if a member who: (1) has met the criteria of
    34  subdivision h of this section; and (2) dies in  active  service  from  a
    35  qualifying  World  Trade  Center condition, as defined in section two of
    36  this chapter, as determined by the applicable  head  of  the  retirement
    37  system  or applicable medical board to have been caused by such member's
    38  participation in the World Trade  Center  rescue,  recovery  or  cleanup
    39  operations,  as  defined in section two of this chapter, then unless the
    40  contrary be proven by competent evidence, such member shall be deemed to
    41  have died as a natural and proximate result of an accident sustained  in
    42  the performance of duty and not as a result of willful negligence on his
    43  or her part. Such member's eligible beneficiary, as set forth in section
    44  three  hundred  sixty-one  of  this title, shall be entitled to an acci-
    45  dental death benefit provided he or she makes written application to the
    46  head of the retirement system within the time for filing an  application
    47  for  an  accidental  death benefit as set forth in section three hundred
    48  sixty-one of this title.
    49    § 2. The section heading and subdivision a of  section  363-e  of  the
    50  retirement  and social security law, as added by chapter 208 of the laws
    51  of 1997, are amended to read as follows:
    52    Disability retirement allowance for members of  the  division  of  law
    53  enforcement  in  the  department  of  environmental conservation, police
    54  officers  in  the  department  of  environmental  conservation,   forest
    55  rangers, university police officers and the regional state park police.
        S. 5594--C                          5
 
     1    a. Every non-seasonally appointed sworn member or officer of the divi-
     2  sion  of law enforcement in the department of environmental conservation
     3  and the regional state park police, every police officer in the  depart-
     4  ment  of  environmental  conservation,  every  forest  ranger  and every
     5  university  police officer appointed pursuant to paragraph l of subdivi-
     6  sion two of section three hundred fifty-five of the  education  law  who
     7  becomes physically or mentally incapacitated for the performance of duty
     8  shall  be  covered  by  the  provisions  of  this section in lieu of the
     9  provisions of section three hundred sixty-two or  three  hundred  sixty-
    10  three of this [article] title; except, however, any such member or offi-
    11  cer  who last entered or reentered service in the department of environ-
    12  mental conservation or state park police, as the case may be,  prior  to
    13  September  first,  nineteen  hundred  ninety-seven, shall be entitled to
    14  apply for disability retirement pursuant to such sections and to receive
    15  the benefit so payable in lieu of the benefit payable pursuant  to  this
    16  section.  The  benefits  provided  by this section for university police
    17  officers shall be in lieu of section three hundred sixty-three  of  this
    18  article.
    19    § 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, and
        regional state park police. The benefit  for  an  accidental  disability
        would  be  75%  of final average salary 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, the estimated increase in the annual contrib-
        utions  of  the  state  of New York for the fiscal year ending March 31,
        2019 would be approximately $350,000.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of $2.17 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, 2019.
          These estimated costs are based on 570 members having an annual salary
        for the fiscal year ending March 31, 2017 of approximately $48 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, 2017 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2017
        Report of the Actuary and 2017 Comprehensive Annual Financial Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
        tions,  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, 2017
        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  2,  2018,  and intended for use only
        during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-57,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.