Bill S5153-2013

Provides a performance of duty disability to Suffolk county probation officers

Provides a performance of duty disability to Suffolk county probation officers.

Details

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  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • May 13, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S5153

TITLE OF BILL: An act to amend the retirement and social security law, in relation to probation officers in the Suffolk county department of probation

PURPOSE: To provide Suffolk County Probation Officers with a performance of duty disability retirement equal to one-half of their final average salary.

SUMMARY OF PROVISIONS:

Section 1 amends the retirement and social security law by adding a new section 63-g which specifies that if a probation officer employed by the Suffolk County Probation department is injured during the performance of his or her duties, he or she shall be entitled to a performance of duty disability retirement allowance equal to one-half his or her final average salary.

Section 2 amends the retirement and social security law by adding a new section 607-i which specifies that if a probation officer employed by the Suffolk County Probation department is injured during the performance of his or her duties, he or she shall be entitled to a performance of duty disability retirement allowance equal to one-half his or her final average salary.

EXISTING LAW: Currently, if a Suffolk County Probation Officer is injured in the line of duty, he or she can only receive a performance of duty disability retirement equal to one-third his or her final average salary.

JUSTIFICATION: Suffolk County Probation Officers undergo intensive public safety and rehabilitation training, including the use of firearms. They are classified as peace officers under New York State Criminal Procedure Law During a typical year, Suffolk County Probation Officers supervise approximately 14,000 felony/misdemeanor offenders in the community This includes executing felony arrest warrants, conducting warrantless searches for weapons and narcotics, confiscating contraband and making summary arrests. In addition, they serve on the US Marshals Regional Fugitive Task Force, FBI Task Force, East End Drug Task Force, and actively participate in anti- gang programs The violent criminal backgrounds of many of the offenders they supervise on a daily basis make their job inherently dangerous.

Presently, the Suffolk County Probation Officers are entitled to a performance of duty disability retirement equal to one-third their final average salary Suffolk County Correction Officers are also classified as peace officers under New York State law. They are afforded a performance of duty disability retirement equal to one-half their final average salary, Extending the same performance of duty disability retirement will provide the Suffolk County Probation Officers parity and consistency with all of the other Suffolk County law enforcement officers .

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5153 2013-2014 Regular Sessions IN SENATE May 13, 2013 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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.--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 2013 legislative session, we anticipate that there will be an increase of approximately $226,000 in

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