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S06710 Summary:

S06710 Actions:

S06710 Committee Votes:

S06710 Floor Votes:

S06710 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6710
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 12, 2021
                                       ___________
 
        Introduced  by Sen. GAUGHRAN -- 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 benefits for sheriffs, deputy sheriffs, undersh-
          eriffs, and correction officers in Nassau county

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 607-c of the retirement and social security law  is
     2  amended by adding a new subdivision g to read as follows:
     3    g. Any sheriff, deputy sheriff, undersheriff, or correction officer as
     4  defined  in  subdivision a of section sixty-three-b of this chapter, and
     5  who is employed in Nassau county, who  becomes  physically  or  mentally
     6  incapacitated for the performance of duties as the natural and proximate
     7  result of an injury, sustained in the performance or discharge of his or
     8  her  duties by, or as the natural and proximate result of an intentional
     9  or reckless act of any civilian visiting, or otherwise  present  at,  an
    10  institution  under the jurisdiction of such county where such injury was
    11  sustained and documented after the enactment of this section,  shall  be
    12  paid a performance of duty disability retirement allowance equal to that
    13  which is provided in section sixty-three of this chapter, subject to the
    14  provisions  of  section  sixty-four of this chapter. Notwithstanding any
    15  other provision of law to the contrary, none of the provisions  of  this
    16  subdivision shall be subject to section twenty-five of this chapter.
    17    §   2.  All  past  service  costs  associated  with  implementing  the
    18  provisions of this act will be borne by Nassau county, and may be  amor-
    19  tized over a ten year period.
    20    § 3. This act shall take effect immediately.
          FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
          This  bill  would  allow  any Tier 3, 4, 5 or 6 sheriff, undersheriff,
        deputy sheriff, or correction  officer  employed  by  Nassau  County  to
        become  eligible  to  receive  a  performance of duty benefit due to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11060-02-1
        S. 6710                             2
 
        intentional or reckless act of a civilian visiting an institution  under
        the  jurisdiction of such county. The benefit will be 75% of final aver-
        age salary less worker's compensation. Currently,  to  be  eligible  for
        such improved benefit, it is required that such injuries be sustained as
        the result of an "act of an inmate". Such injuries must be sustained and
        documented after the enactment of this legislation.
          If this bill is enacted during the 2021 legislative session, we antic-
        ipate  that  there  will be an increase of approximately $220,000 in the
        annual contributions of Nassau County for the fiscal year  ending  March
        31,  2022. In future years, this cost will vary as the billing rates and
        salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $1.27 million which will
        be borne by Nassau County as a one-time payment. This estimate is  based
        on  the  assumption  that  payment  will be made on February 1, 2022. If
        Nassau County elects to amortize this cost over a 10  year  period,  the
        cost for the first year including interest would be $167,000.
          These  estimated  costs  are based on 845 affected members employed by
        Nassau County, with annual salary of approximately $101  million  as  of
        March 31, 2020.
          Summary of relevant resources:
          Membership  data as of March 31, 2020 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2020 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        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, 2020
        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 April 27, 2021, and intended for use only  during
        the  2021  Legislative Session, is Fiscal Note No. 2021-134, prepared by
        the Actuary for the New York State and Local Retirement System.