Bill S2343A-2009

Increases certain special accidental death benefits for surviving spouses and children of certain police and fire personnel

Increases the salary used in the computation of the special accidental death benefit in cases where the date of death was before 2009; applies to surviving spouse and child benefits of certain police and fire personnel.

Details

Actions

  • Jul 16, 2009: SUBSTITUTED BY A4905A
  • Jul 15, 2009: ORDERED TO THIRD READING CAL.897
  • Jul 15, 2009: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 4, 2009: PRINT NUMBER 2343A
  • May 4, 2009: AMEND AND RECOMMIT TO FINANCE
  • Feb 24, 2009: REPORTED AND COMMITTED TO FINANCE
  • Feb 18, 2009: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Votes

Memo

 BILL NUMBER:  S2343A

TITLE OF BILL : An act to amend the general municipal law and the retirement and social security law, in relation to increasing certain special accidental death benefits

PURPOSE OR GENERAL IDEA OF BILL : This legislation extends the escalation of a cost of living increase of approximately 3% for all line-of-duty widows or widowers for Fiscal year 2009-10.

This bill amends subdivision c of section 208-f of the General Municipal Law as amended by Chapter 76 of the Laws of 2008 and subdivision c of section 361-a of the Retirement and Social Security Law, as amended by Chapter 76 of the Laws of 2008.

JUSTIFICATION : Since 1978, the Legislature has passed and the Governor signed into law a cost of living increase and a one-year escalation for all New York State widows and widowers of police officers and firefighters killed in the line-of-duty. The intent of the original 1978 law was to increase their benefits to an amount that would reflect the impact of inflation. However, the law did not provide for any new cost of living increase after July 1, 1979.

Since that date, the cost of living has increased well over 3% each year, including some periods of double-digit inflation. These same widows and widowers are no longer receiving adequate benefits. This legislation does not totally cover the present inflation spiral, but it at least provides some increased relief to the widows and widowers of New York State's bravest citizens, who gave their lives in service to the people of New York State. In the past, these brave families have faced a poverty stricken existence. This legislation would prevent the return of that deplorable state of affairs.

As with previous legislation, there is no cost to the localities, as the state would reimburse them for this small increase.

PRIOR LEGISLATIVE HISTORY : 1996 - S.6360/A.9326 Chapter 1997 - S.4243/A.7546 Chapter 174 1998 - S.630/A.9487A Chapter 31 1999 - S.3158B/A.5942B Chapter 132 2000 - A.9895/S.6866A Chapter 231 2001 - A.6606A/S.3297A Chapter 264 2002 - A.11090/S.7263 Chapter 313 2003 - A.5435/S.3903 Chapter 139 2004 - A.10193C/S,6579C Chapter 351 2005 - A.5217/S.3971C Chapter 48 2006 - A.10334/S.6744 Chapter 88 2007 - A.5658/S.2492 Chapter 39 2008 = A.9666/S.6733 Chapter 76

FISCAL IMPLICATIONS : New York State and local Police and Fire Retirement System: Insofar as this bill would amend the Retirement and Social Security law, it is estimated that there would be an additional annual cost of approximately $322,000 above the approximately $7.1 million current annual cost of this benefit. This cost would be shared by the State of New York and all participating employers of the New York State and Local police and Fire Retirement System.

New York City Police and Fire Pension Plans: If this proposed legislation is enacted this would be an approximate increase of $2.2 million in employer contributions. EFFECTIVE DATE : This act shall take effect July 1, 2009.

Text

STATE OF NEW YORK ________________________________________________________________________ 2343--A 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________
Introduced by Sens. SAVINO, ADDABBO, DIAZ, MONSERRATE, ONORATO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the retirement and social security law, in relation to increasing certain special accidental death benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision c of section 208-f of the general municipal law, as amended by chapter 76 of the laws of 2008, is amended to read as follows: c. Commencing July first, two thousand [eight] NINE the special acci- dental death benefit paid to a widow or widower or the deceased member's children under the age of eighteen or, if a student, under the age of twenty-three, if the widow or widower has died, shall be escalated by adding thereto an additional percentage of the salary of the deceased member (as increased pursuant to subdivision b of this section) in accordance with the following schedule: calendar year of death of the deceased member per centum 1977 or prior [150.0%] 157.5% 1978 [142.7%] 150.0% 1979 [135.7%] 142.7% 1980 [128.8%] 135.7% 1981 [122.1%] 128.8% 1982 [115.7%] 122.1% 1983 [109.4%] 115.7% 1984 [103.3%] 109.4%
1985 [97.4%] 103.3% 1986 [91.6%] 97.4% 1987 [86.0%] 91.6% 1988 [80.6%] 86.0% 1989 [75.4%] 80.6% 1990 [70.2%] 75.4% 1991 [65.3%] 70.2% 1992 [60.5%] 65.3% 1993 [55.8%] 60.5% 1994 [51.3%] 55.8% 1995 [46.9%] 51.3% 1996 [42.6%] 46.9% 1997 [38.4%] 42.6% 1998 [34.4%] 38.4% 1999 [30.5%] 34.4% 2000 [26.7%] 30.5% 2001 [23.0%] 26.7% 2002 [19.4%] 23.0% 2003 [15.9%] 19.4% 2004 [12.6%] 15.9% 2005 [9.3%] 12.6% 2006 [6.1%] 9.3% 2007 [3.0%] 6.1% 2008 [0.0%] 3.0% 2009 0.0% S 2. Subdivision c of section 361-a of the retirement and social secu- rity law, as amended by chapter 76 of the laws of 2008, is amended to read as follows: c. Commencing July first, two thousand [eight] NINE the special acci- dental death benefit paid to a widow or widower or the deceased member's children under the age of eighteen or, if a student, under the age of twenty-three, if the widow or widower has died, shall be escalated by adding thereto an additional percentage of the salary of the deceased member, as increased pursuant to subdivision b of this section, in accordance with the following schedule: calendar year of death of the deceased member per centum 1977 or prior [150.0%] 157.5% 1978 [142.7%] 150.0% 1979 [135.7%] 142.7% 1980 [128.8%] 135.7% 1981 [122.1%] 128.8% 1982 [115.7%] 122.1% 1983 [109.4%] 115.7% 1984 [103.3%] 109.4% 1985 [97.4%] 103.3% 1986 [91.6%] 97.4% 1987 [86.0%] 91.6% 1988 [80.6%] 86.0% 1989 [75.4%] 80.6% 1990 [70.2%] 75.4% 1991 [65.3%] 70.2% 1992 [60.5%] 65.3% 1993 [55.8%] 60.5% 1994 [51.3%] 55.8% 1995 [46.9%] 51.3%
1996 [42.6%] 46.9% 1997 [38.4%] 42.6% 1998 [34.4%] 38.4% 1999 [30.5%] 34.4% 2000 [26.7%] 30.5% 2001 [23.0%] 26.7% 2002 [19.4%] 23.0% 2003 [15.9%] 19.4% 2004 [12.6%] 15.9% 2005 [9.3%] 12.6% 2006 [6.1%] 9.3% 2007 [3.0%] 6.1% 2008 [0.0%] 3.0% 2009 0.0% S 3. This act shall take effect July 1, 2009. FISCAL NOTE.--This bill would amend both the General Municipal Law and the Retirement and Social Security Law to increase the salary used in the computation of the special accidental death benefit by 3% in cases where the date of death was before 2009. Insofar as this bill would amend the Retirement and Social Security Law, it is estimated that there would be an additional annual cost of approximately $322,000 above the approximately $7.1 million current annual cost of this benefit. This cost would be shared by the State of New York and all participating employers of the New York State and Local Police and Fire Retirement System. This estimate, dated January 27, 2009 and intended of use only during the 2009 Legislative Session, is Fiscal Note No. 2009-115, prepared by the Actuary for the New York State and Local Police and Fire Retirement System. FISCAL NOTE.--PROVISIONS OF PROPOSED LEGISLATION - OVERVIEW: With respect to the City of New York (the "City"), this proposed legislation would amend General Municipal Law ("GML") Section 208-f.c to increase certain Special Accidental Death Benefits ("SADB") for line-of-duty widows/widowers and/or children of former uniformed employees of the City and the New York City Health and Hospitals Corporation who were members of the New York City Retirement Systems ("NYCRS"). In addition, the proposed legislation would amend Retirement and Social Security Law Section 361-a.c to cover such SADB of the survivors of former members who were employed in the New York State Police Depart- ment or as a New York State Firefighter. The Effective Date of the proposed legislation is July 1, 2009. IMPACT ON BENEFITS - SADB RECIPIENTS: The proposed legislation would impact the SADB payable to certain survivors of NYCRS members who were employed in uniformed positions at one of the following employers: New York City Police Department, New York City Fire Department, New York City Housing Authority-Police Officer, New York City Transit Authority-Police Officer, New York City Department of Correction-Correction Officer, New York City-Emergency Medical Technician ("EMT"), New York City Health and Hospitals Corporation-EMT, New York City Triborough Bridge and Tunnel Authority-Bridge and Tunnel Employee, and such employees were members of one of the following NYCRS: * New York City Employees' Retirement System ("NYCERS"), * New York City Police Pension Fund ("POLICE"), or * New York City Fire Pension Fund ("FIRE").

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