S T A T E   O F   N E W   Y O R K
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                                 8160--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             August 30, 2013
                               ___________

Introduced  by  M.  of  A.  SWEENEY, THIELE, GARBARINO, LUPINACCI, RAIA,
  GRAF, RAMOS -- read once and referred to the Committee on Governmental
  Employees -- recommitted to the Committee on Governmental Employees in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the retirement and social security law, in  relation  to
  probation officers in the Suffolk county department of probation

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

  Section 1. The retirement and social security law is amended by adding
a new section 63-g to read as follows:
  S 63-G. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN  EMPLOYEES.
ANY  MEMBER  EMPLOYED  BY  THE  SUFFOLK COUNTY PROBATION DEPARTMENT AS A
PROBATION OFFICER, 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
SHALL  BE  PAID  A  PERFORMANCE  OF DUTY DISABILITY RETIREMENT ALLOWANCE
EQUAL TO ONE-HALF HIS OR HER FINAL AVERAGE SALARY.
  S 2. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
  S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOYEES.
ANY MEMBER EMPLOYED BY THE SUFFOLK  COUNTY  PROBATION  DEPARTMENT  AS  A
PROBATION  OFFICER, 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
SHALL BE PAID A PERFORMANCE  OF  DUTY  DISABILITY  RETIREMENT  ALLOWANCE
EQUAL TO ONE-HALF HIS OR HER FINAL AVERAGE SALARY.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10682-05-4

              

A. 8160--A                          2

  This  bill  would  provide  improved  disability benefits to probation
officers employed by the Suffolk County probation department. They would
be eligible for a performance of duty  disability  retirement  allowance
which would be 50% of final average salary.
  If this legislation is enacted during the 2014 legislative session, we
anticipate  that  there will be an increase of approximately $218,000 in
the annual contributions of the  Suffolk  County  for  the  fiscal  year
ending March 31, 2015. In future years, this cost will vary as the bill-
ing rates and salaries of those affected change.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $1.0 million which will
be borne by Suffolk County as a onetime payment. This estimate is  based
on the assumption that payment will be made on February 1, 2015.
  These estimated costs are based on 214 known affected members having a
total  salary for the fiscal year ending March 31, 2014 of approximately
$18.8 million.
  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 21, 2014 and intended for use  only  during
the  2014  Legislative Session, is Fiscal Note No. 2014-102, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.