S T A T E   O F   N E W   Y O R K
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                                  8141

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             August 30, 2013
                               ___________

Introduced  by  M. of A. GRAF -- read once and referred to the Committee
  on Governmental Employees

AN ACT to amend the retirement and social security law, in  relation  to
  the retirement payable to any sheriff, deputy sheriff, undersheriff or
  correction officer injured on the job

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

  Section 1. Subdivision a of section 607-c of the retirement and social
security law, as added by chapter 639 of the laws of 1999, is amended to
read as follows:
  a. [Any] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
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  any
act  of  any  inmate  or any person confined in an institution under the
jurisdiction of such county, shall be paid a performance of  duty  disa-
bility  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] SHALL BE PAID A PERFORMANCE OF DUTY DISABIL-
ITY  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.  PROVIDED, HOWEVER, SUCH INDIVIDUAL SHALL
HAVE BECOME PHYSICALLY OR MENTALLY INCAPACITATED DURING THE  PERFORMANCE
OF DUTIES, AND THE PERFORMANCE OF SUCH DUTIES WAS THE NATURAL AND PROXI-
MATE  CAUSE  OF  SUCH  INJURY. THIS PROVISION OF THIS SECTION SHALL ALSO
APPLY TO ANY SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF OR CORRECTION OFFICER
WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED DURING THE  PERFORMANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10995-04-3
              

A. 8141                             2

OF  DUTIES WHEN SUCH PHYSICAL OR MENTAL INCAPACITATION WAS THE RESULT OF
ANY ACT OF ANY INMATE OR ANY PERSON CONFINED IN AN INSTITUTION UNDER THE
JURISDICTION OF SUCH COUNTY.
  S 2. Subdivision f of section 558 of the retirement and social securi-
ty  law, as added by chapter 165 of the laws of 1995, is amended to read
as follows:
  f. The retirement allowance payable  upon  retirement  for  disability
incurred  in the performance of duty shall consist of a pension of [one-
half] THREE-QUARTERS of his or her final average salary plus an  annuity
which  shall  be  the  actuarial  equivalent of the member's accumulated
contributions, if any.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would allow any sheriff,  deputy  sheriff,  undersheriff  or
correction  officer  who  is  currently  covered under the provisions of
Section 607-c of the Retirement and Social Security Law  (RSSL)  who  is
disabled  in  the  performance  of duty to receive a performance of duty
disability benefit of 75% of final average salary, less worker's compen-
sation. Currently, Section 607-c requires that this 75% of  pay  benefit
is paid only if the disability is the result of an act of an inmate.
  This bill would also allow any sheriff, deputy sheriff or undersheriff
who  is  currently  covered  under the provisions of Article 14-B of the
RSSL who is disabled in the performance of duty to receive a benefit  of
75%  of  final  average  salary,  in  addition to worker's compensation.
Current law provides a 50% of final average salary disability benefit.
  If this bill is enacted, there will  be  an  increase  in  the  annual
contributions  for  the  fiscal  year  ending March 31, 2014 which would
depend on the retirement plan coverage of affected members.  The  annual
increase  in  contributions for members covered under Article 14-B would
be approximately 1.5%  of  affected  payroll.  The  annual  increase  in
contributions  for  members  who  are NOT covered under Article 14-B and
whose employer has elected to provide  the  benefits  of  Section  607-c
would be approximately 3.2% of affected payroll.
  In  addition  to  the  annual  costs above, there will be an immediate
one-time past service cost which we  anticipate  will  be  approximately
6.8%  of the payroll of the affected members who are covered under Arti-
cle 14-B, and approximately 14.6% of the payroll of the affected members
who are NOT covered under Article 14-B and whose employers have  elected
to provide the benefits of Section 607-c.
  Pursuant  to Section 25 of the Retirement and Social Security Law, the
past service cost and increase in  annual  contribution  cost  would  be
borne  by  the State of New York and would require an itemized appropri-
ation by the State of New  York  sufficient  to  pay  the  cost  of  the
provision.  The State may amortize these 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.

A. 8141                             3

  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 June 20, 2013, and intended for use only during
the 2013 Legislative Session, is Fiscal Note Number 2013-164 prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.