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

                                  9944

                          I N  A S S E M B L Y

                              June 2, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
  read once and referred to the Committee on Governmental Employees

AN ACT to authorize Darwyn  Byer  to  apply  for  accidental  disability
  retirement  benefits from the New York state and local police and fire
  retirement system

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

  Section  1.  Notwithstanding  any other provision of law, Darwyn Byer,
who is employed by the Nassau County Police Department since  March  31,
1995  and  is  a  member of the New York state and local police and fire
retirement system for approximately 17 years, was  injured  on  December
26,  2002  as  the result of an on the job accident. Notwithstanding any
rule, regulation or law to the contrary, he shall be  entitled  to  file
for an accidental disability retirement benefit provided by the New York
state and local police and fire retirement system. Such application will
be  based  upon  the  full duty standard of a police officer rather than
utilize a light duty standard. Such application must be filed  with  the
New  York  state and local police and fire retirement system pursuant to
section 363 of the retirement and social  security  law  no  later  than
December 31, 2014.
  S 2. All costs associated with the implementation of this act shall be
borne by the county of Nassau.
  S 3. This act shall take effect immediately.
  FISCAL NOTE-- Pursuant to Legislative Law, Section 50:
  This  bill  would provide a different standard for an accidental disa-
bility retirement benefit determination for Darwyn Byer than is current-
ly  required  by  regulations  promulgated  by  the  State  Comptroller.
Specifically, the bill would require that the State Comptroller render a
determination  as  to  whether  Mr.  Byer is entitled to such disability
benefit based upon a "full duty standard" rather than  the  "light  duty
standard"  required  by  Title  2 of the New York Codes, Rules and Regu-
lations Part 364 for such a determination on an application for benefits
filed by or on behalf of Darwyn Byer or anyone else similarly situated.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10989-02-4
              

A. 9944                             2

  If this bill is enacted and a disability  benefit  is  granted,  there
will  be  an immediate past service cost of approximately $432,000 which
will be borne by Nassau County as a one-time payment. This  estimate  is
based on the assumption that payment will be made on February 1, 2015.
  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 May 15, 2014 and intended for use only during the
2014  Legislative  Session, is Fiscal Note No. 2014-122, prepared by the
Actuary for the New York State and  Local  Police  and  Fire  Retirement
System.