STATE OF NEW YORK
________________________________________________________________________
9628--A
IN SENATE
May 16, 2024
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- 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
providing accidental disability retirement for deputy sheriffs in
Orange county
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 605-h to read as follows:
3 § 605-h. Accidental disability retirement for deputy sheriffs in
4 Orange county. a. A member employed as a deputy sheriff in Orange county
5 shall be entitled to an accidental disability retirement allowance if,
6 at the time application therefor is filed, such member is:
7 1. Physically or mentally incapacitated for performance of duty as the
8 natural and proximate result of an accident, unless the contrary be
9 proved by competent evidence, not caused by such member's own willful
10 negligence, sustained in such service and while actually a member of the
11 retirement system; and
12 2. Actually in service upon which such member's 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 not later than two years after the member
17 is first discontinued from service.
18 b. Application for an accidental disability retirement allowance for
19 such a member may be made by:
20 1. Such member; or
21 2. The head of the department in which such member is employed; or
22 3. Any person acting on behalf of and authorized by such member.
23 c. 1. After the filing of such an application, such member shall be
24 given one or more medical examinations. No such application shall be
25 approved, however, unless the member or some other person on such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15704-02-4
S. 9628--A 2
1 member's behalf shall have filed written notice in the office of the
2 comptroller within ninety days after the accident, setting forth:
3 (a) The time when and the place where such accident occurred; and
4 (b) The particulars thereof; and
5 (c) The nature and extent of the member's injuries; and
6 (d) Such member's alleged incapacity.
7 2. The notice herein required need not be given:
8 (a) If the notice of such accident shall be filed in accordance with
9 the provisions of the workers' compensation law of any state within
10 which a participating employer in Orange county shall have its employees
11 located or performing functions and duties within the normal scope of
12 their employment; or
13 (b) If the application for accidental disability retirement is filed
14 within one year after the date of such accident; or
15 (c) If a failure to file notice has been excused for good cause shown
16 as provided by rules and regulations promulgated by the comptroller.
17 d. If the comptroller determines that the member is physically or
18 mentally incapacitated for the performance of duty and ought to be
19 retired for accidental disability, such member shall be so retired. Such
20 retirement shall be effective as of a date approved by the comptroller.
21 e. The annual retirement allowance payable upon accidental disability
22 retirement shall be a pension of three-quarters of such member's final
23 average salary. The payment of such pension shall be subject to the
24 provisions of section sixty-four of this chapter.
25 f. If the member, at the time of the filing of an application under
26 the provisions of subdivision b of this section, is eligible for a
27 service retirement benefit, then and in that event, such member may
28 simultaneously file an application for service retirement in accordance
29 with the provisions of section seventy of this chapter, provided that
30 the member indicates on the application for service retirement that such
31 application is filed without prejudice to the application for accidental
32 disability retirement.
33 g. Notwithstanding any other provision of law, this section shall
34 apply to deputy sheriffs in Orange county who were hired on or after
35 July twenty-seventh, nineteen hundred seventy-six.
36 § 2. All costs associated with implementing the provisions of this act
37 shall be borne by Orange county.
38 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would establish an improved accidental disability benefit
for eligible members of the New York State and Local Employees' Retire-
ment System in Tiers 3 through 6 who are employed by Orange County as
deputy sheriffs. The improved disability benefit would be three-quarters
of final average salary less workers' compensation. The current disabil-
ity benefit is two-thirds of final average salary less workers' compen-
sation.
If this bill is enacted during the 2024 Legislative Session, we antic-
ipate that there will be an increase of approximately $21,000 in the
annual contributions of Orange County for the fiscal year ending March
31, 2025. In future years this cost will vary but is expected to average
0.2% of salary annually.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $108,000 which will be
borne by Orange county as a one-time payment. This estimate assumes
that payment will be made on February 1, 2025.
S. 9628--A 3
These estimated costs are based on 86 affected members employed by
Orange county, with annual salary of approximately $10.5 million as of
March 31, 2023.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
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, 2023
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 May 22, 2024, and intended for use only during
the 2024 Legislative Session, is Fiscal Note No. 2024-191, prepared by
the Actuary for the New York State and Local Retirement System.
