S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7630--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced  by  M. of A. ABBATE, WEISENBERG, McDONOUGH, CURRAN -- Multi-
  Sponsored by -- M. of A. RA -- read once and referred to the Committee
  on Governmental  Employees  --  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 benefits for sheriffs, deputy sheriffs, undersh-
  eriffs, and correction officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 607-c of the retirement and social security law is
amended by adding a new subdivision f to read as follows:
  F. ANY SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS
DEFINED IN SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS  CHAPTER,  AND
WHO  ARE EMPLOYED IN A COUNTY WHICH MAKES AN ELECTION PURSUANT TO SUBDI-
VISION D OF  SUCH  SECTION  SIXTY-THREE-B,  WHO  BECOMES  PHYSICALLY  OR
MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTIES AS THE NATURAL AND
PROXIMATE RESULT OF AN INJURY, SUSTAINED IN THE PERFORMANCE OR DISCHARGE
OF HIS OR HER DUTIES BY, OR AS THE NATURAL AND PROXIMATE  RESULT  OF  AN
INTENTIONAL OR RECKLESS ACT OF ANY CIVILIAN VISITING, OR OTHERWISE PRES-
ENT  AT,  AN INSTITUTION UNDER THE JURISDICTION OF SUCH COUNTY, SHALL BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
  S 2. Notwithstanding any other provision of law to the contrary,  none
of  the  provisions  of  this  act shall be subject to section 25 of the
retirement and social security law.
  S 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 whose employer has elected to provide the performance
of  duty benefits of Section 607-c of the Retirement and Social Security

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11204-02-3
              

A. 7630--A                          2

Law to become eligible to receive such 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".
  If this bill is enacted, it is estimated that very few members will be
affected. For every such affected member, we estimate that there will be
an average one-time cost of approximately 4 times  the  member's  annual
salary.
  Pursuant  to  Section  25  of  the Retirement and Social Security Law,
these per person one-time costs would be borne by the State of New  York
and  would  require  an  itemized appropriation by the State of New York
sufficient to pay the cost of the  provision.  The  State  may  amortize
these per person one-time costs over a period of 5 years.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 Actuarial Valuations report.
  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 7, 2013, and intended for use only during
the 2013 Legislative Session, is Fiscal Note No.  2013-92,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.