Bill S3994A-2011

Increases certain special accidental death benefits paid to widows, widowers or the deceased member's children

Increases certain special accidental death benefits paid to widows, widowers or the deceased member's children.

Details

Actions

  • Jun 20, 2011: SUBSTITUTED BY A6068
  • Jun 13, 2011: ORDERED TO THIRD READING CAL.1190
  • Jun 13, 2011: REPORTED AND COMMITTED TO RULES
  • Apr 13, 2011: REPORTED AND COMMITTED TO FINANCE
  • Apr 6, 2011: COMMITTEE DISCHARGED AND COMMITTED TO CIVIL SERVICE AND PENSIONS
  • Mar 21, 2011: PRINT NUMBER 3994A
  • Mar 21, 2011: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Mar 11, 2011: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Apr 13, 2011
Ayes (12): Golden, Fuschillo, Hannon, Lanza, Little, Martins, O'Mara, Perkins, Addabbo, Dilan, Savino, Serrano
VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011
Ayes (22): Skelos, Alesi, Farley, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Hannon

Memo

BILL NUMBER:S3994A

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.

SUMMARY OF PROVISIONS: 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.989S/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

2009: A.4905/S.2343 Chapter 305 2010: A.9914A/S.6879A Chapter 439

FISCAL IMPLICATIONS: 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 $372,000 above the approximately $8.3 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 3, 2011 and intended for use only during the 2011 Legislative Session, is Fiscal Note No. 2011-26, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.

EFFECTIVE DATE: This act shall take effect July 1, 2011.


Text

STATE OF NEW YORK ________________________________________________________________________ 3994--A 2011-2012 Regular Sessions IN SENATE March 11, 2011 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- 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 439 of the laws of 2010, is amended to read as follows: c. Commencing July first, two thousand [ten] ELEVEN 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 [165.2%] 173.2% 1978 [157.5%] 165.2% 1979 [150.0%] 157.5% 1980 [142.7%] 150.0% 1981 [135.7%] 142.7% 1982 [128.8%] 135.7% 1983 [122.1%] 128.8% 1984 [115.7%] 122.1% 1985 [109.4%] 115.7% 1986 [103.3%] 109.4% 1987 [97.4%] 103.3% 1988 [91.6%] 97.4% 1989 [86.0%] 91.6%
1990 [80.6%] 86.0% 1991 [75.4%] 80.6% 1992 [70.2%] 75.4% 1993 [65.3%] 70.2% 1994 [60.5%] 65.3% 1995 [55.8%] 60.5% 1996 [51.3%] 55.8% 1997 [46.9%] 51.3% 1998 [42.6%] 46.9% 1999 [38.4%] 42.6% 2000 [34.4%] 38.4% 2001 [30.5%] 34.4% 2002 [26.7%] 30.5% 2003 [23.0%] 26.7% 2004 [19.4%] 23.0% 2005 [15.9%] 19.4% 2006 [12.6%] 15.9% 2007 [9.3%] 12.6% 2008 [6.1%] 9.3% 2009 [3.0%] 6.1% 2010 [0.0%] 3.0% 2011 0.0% S 2. Subdivision c of section 361-a of the retirement and social secu- rity law, as amended by chapter 439 of the laws of 2010, is amended to read as follows: c. Commencing July first, two thousand [ten] ELEVEN 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 [165.2%] 173.2% 1978 [157.5%] 165.2% 1979 [150.0%] 157.5% 1980 [142.7%] 150.0% 1981 [135.7%] 142.7% 1982 [128.8%] 135.7% 1983 [122.1%] 128.8% 1984 [115.7%] 122.1% 1985 [109.4%] 115.7% 1986 [103.3%] 109.4% 1987 [97.4%] 103.3% 1988 [91.6%] 97.4% 1989 [86.0%] 91.6% 1990 [80.6%] 86.0% 1991 [75.4%] 80.6% 1992 [70.2%] 75.4% 1993 [65.3%] 70.2% 1994 [60.5%] 65.3% 1995 [55.8%] 60.5% 1996 [51.3%] 55.8% 1997 [46.9%] 51.3% 1998 [42.6%] 46.9%
1999 [38.4%] 42.6% 2000 [34.4%] 38.4% 2001 [30.5%] 34.4% 2002 [26.7%] 30.5% 2003 [23.0%] 26.7% 2004 [19.4%] 23.0% 2005 [15.9%] 19.4% 2006 [12.6%] 15.9% 2007 [9.3%] 12.6% 2008 [6.1%] 9.3% 2009 [3.0%] 6.1% 2010 [0.0%] 3.0% 2011 0.0% S 3. This act shall take effect July 1, 2011. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: 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 2011. 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 $372,000 above the approximately $8.3 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 21, 2011 and intended for use only during the 2011 Legislative Session, is Fiscal Note No. 2011-26, prepared by the Actuary for the New York State and Local Police and Fire Retirement System. Pursuant to Legislative Law, Section 50: PROVISIONS OF PROPOSED LEGISLATION - OVERVIEW: With respect to the City of New York (the "City"), this proposed legislation would amend the 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 Corpo- ration and certain former employees of the Triborough Bridge and Tunnel Authority who were members of certain 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 for certain survivors of deceased members of the New York State and Local Police and Fire Retirement System. The Effective Date of the proposed legislation would be July 1, 2011. IMPACT ON BENEFITS - SADB RECIPIENTS: With respect to the NYCRS, the proposed legislation would impact the SADB payable to certain survivors of members of the: * New York City Employees' Retirement System ("NYCERS"), or * New York City Police Pension Fund ("POLICE"), or * New York City Fire Department Pension Fund ("FIRE"), and who were employed by one of the following employers in certain posi- tions: * New York City Police Department - Uniformed Position, * New York City Fire Department - Uniformed Position, * New York City Housing Authority - Uniformed Position, * New York City Transit Authority - Uniformed Position,

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