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S06799 Summary:

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S06799 Floor Votes:

S06799 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6799
 
                    IN SENATE
 
                                     March 12, 2014
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- 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 Westchester 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 f to read as follows:
     3    f. 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 are employed  in  Westchester  county,  who  becomes  physically  or
     6  mentally  incapacitated for the performance of duties as the natural and
     7  proximate result of an injury, sustained in the performance or discharge
     8  of his or her duties by, or as the natural and proximate  result  of  an
     9  intentional or reckless act of any civilian visiting, or otherwise pres-

    10  ent  at,  an institution under the jurisdiction of such county, shall be
    11  paid a performance of duty disability retirement allowance equal to that
    12  which is provided in section sixty-three of this chapter, subject to the
    13  provisions of section sixty-four of this chapter.
    14    § 2. Notwithstanding any other provision of law to the contrary,  none
    15  of  the  provisions  of  this  act shall be subject to section 25 of the
    16  retirement and social security law.
    17    § 3. This act shall take effect immediately.
          FISCAL NOTE. -- Pursuant to Legislative law, Section 50:
          This bill will allow any  sheriff,  undersheriff,  deputy  sheriff  or
        correction  officer employed by Westchester County to become eligible to
        receive a performance of duty benefit due to the intentional or reckless

        act of a civilian visiting an institution under the jurisdiction of such
        county. The benefit will be 75% of final average  salary  less  worker's
        compensation. Currently, to be eligible for such improved benefit, it is
        required  that  such injuries were sustained as the result of an "act of
        an inmate".
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14176-02-4
        S. 6799                             2
 
          If this legislation is enacted during the 2014 legislative session, we
        anticipate that there will be an increase in the annual contributions of
        Westchester County of approximately $220,000 for the fiscal year  ending
        March 31, 2015.

          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service  cost  of approximately $1.05 million which
        would be borne by the Westchester County as  a  one-time  payment.  This
        estimate  is based on the assumption that payment will be made on Febru-
        ary 1, 2015.
          These estimated costs are based on 822 sheriffs, undersheriffs, deputy
        sheriffs and correction officers employed by Westchester County  with  a
        total  estimated  annual  salary  of  approximately $100 million for the
        fiscal year ending March 31, 2013.
          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, 2013 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2013
        Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial

        Report.
          The actuarial assumptions and methods used are described in the  2010,
        2011,  2012  and  2013  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, 2013
        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 March 4, 2014, and intended for use  only  during
        the  2014  Legislative  Session, is Fiscal Note No. 2014-98, prepared by
        the Actuary for the New  York  State  and  Local  Employees'  Retirement
        System.