NY State Senate Bill 2011-S5655

Senate Bill S5655

Signed By Governor

2011-2012 Legislative Session

Relates to disability retirement applications made by or on behalf of certain deputy sheriffs

download bill text pdf

Archive: Last Bill Status Via A8109 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2011	signed chap.447
Aug 05, 2011	delivered to governor
Jun 21, 2011	returned to assembly passed senate 3rd reading cal.1482 substituted for s5655
Jun 21, 2011	substituted by a8109a ordered to third reading cal.1482 committee discharged and committed to rules
Jun 09, 2011	referred to civil service and pensions

Votes

- Jun 21, 2011 - Floor Vote
  A8109
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 21, 2011 - Rules Committee Vote
  S5655
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

2011-S5655 (ACTIVE) - Details

See Assembly Version of this Bill:: A8109
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§555, 556 & 558, R & SS L

2011-S5655 (ACTIVE) - Summary

Relates to disability retirement applications made by or on behalf of certain deputy sheriffs; ensures that a deputy sheriff who is disabled is not denied disability retirement benefits because they were unable to work in criminal law enforcement activities because of the disability at the date the application is filed.

2011-S5655 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5655

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
disability retirement applications made by or on behalf of certain
deputy sheriffs

PURPOSE OF THE BILL:
To provide a fair pension benefit for Sheriff's Deputies who are
injured performing law enforcement duty but who choose not to
immediately retire as a result of their injury because they are
either attempting to come back to work or because it is uncertain
whether or not they will be able to go back to work.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivision aa of section 555 of the retirement and
social security law to provide that an application for disability
retirement shall not be disapproved on the basis of a deputy sheriff
having failed to engage directly in criminal law enforcement
activities that aggregate fifty percent of a deputy sheriff's service
during a period preceding the filing of the application, provided the
failure to do so was the result of the disability alleged in the
application and further provided the deputy sheriff was certified as
so engaged in criminal law enforcement activities by the county
sheriff for the calendar year preceding the onset of the disability.

Section 2: Amends subdivision a of section 556 of the retirement and
social security law to provide that an application for disability
retirement shall not be disapproved on the basis of a deputy sheriff
having failed to engage directly in criminal law enforcement
activities that aggregate fifty percent of a deputy sheriff's service
during a period preceding the filing of the application provided the
failure to do so was the result of the disability alleged in the
application and further provided the deputy sheriff was certified as
so engaged in criminal law enforcement activities by the county
sheriff for the calendar year preceding the onset of the disability.

Section 3: Amends subdivision b of section 558 of the retirement and
social security law to provide that an application for disability
retirement shall not be disapproved on the basis of a deputy sheriff
having failed to engage directly in criminal law enforcement
activities that aggregate fifty percent of a deputy sheriff's service
during a period preceding the filing of the application provided the
failure to do so was the result of the disability alleged in the
application and further provided the deputy sheriff was certified as
so engaged in criminal law enforcement activities by the county
sheriff for the calendar year preceding the onset of the disability.

Section 4: Effective date.

JUSTIFICATION:
Deputy Sheriff's injured in the line of duty performing law
enforcement activities should not be penalized in their pension
because they did not immediately file for permanent retirement. This
legislation was initiated because a Deputy Sheriff was injured in the


line of duty. She was out of work on 207-C disability for a period of
approximately two years (as a result of that injury). Thereafter, her
employer filed for her retirement. The Comptroller was forced to deny
the enhanced retirement benefits typically available to law
enforcement from on the job injuries because the Deputy was not
actively working in law enforcement the year the disability
retirement was applied for (because she was recuperating from her
injury, but ultimately was unable to recuperate enough to engage
again in law enforcement work).

The fact that a Deputy continues to try and recover, and that
attempted recovery takes more than a year, before ultimately the
Deputy or his/her employer seek to officially retire the Deputy,
should not cause a substantially lower pension benefit (1/3) than the
Deputy would have received (1/2 or 3/4) had the Deputy immediately
filed for a disability retirement.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
According to the New York State Comptroller, if this bill is enacted,
the number of affected members cannot be readily determined. The cost
would depend on the number of affected cases, as well as the type of
disability granted, the age, service, salary, plan and tier of the
affected members. These costs would be borne by the State of New York
and all participating employers in the New York State and Local
Employees' Retirement System.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all
applications filed pursuant to section 555, 556 or 558 of the
retirement and social security law on and after July 1, 2009

2011-S5655 (ACTIVE) - Bill Text download pdf

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

                                  5655

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by  Sen. BONACIC -- 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
  disability  retirement  applications  made  by or on behalf of certain
  deputy sheriffs

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

  Section  1. Subdivision aa of section 555 of the retirement and social
security law, as added by chapter 165 of the laws of 1995, is amended to
read as follows:
  aa. At the time of the filing  of  an  application  pursuant  to  this
section, the member must:
  1. Have at least ten years of total service credit, and
  2.  Actually  be in service upon which his or her membership is based,
or, have been discontinued from service, either voluntarily or  involun-
tarily, for not more than ninety days, providing the member was disabled
prior to such discontinuance.
  AN  APPLICATION  FOR DISABILITY RETIREMENT SHALL NOT BE DISAPPROVED ON
THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
NAL LAW ENFORCEMENT ACTIVITIES THAT AGGREGATE  FIFTY  PER  CENTUM  OF  A
DEPUTY  SHERIFF'S  SERVICE  DURING  A PERIOD PRECEDING THE FILING OF THE
APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
ITY ALLEGED IN THE APPLICATION AND FURTHER PROVIDED THE  DEPUTY  SHERIFF
WAS  CERTIFIED  AS  SO ENGAGED IN CRIMINAL LAW ENFORCEMENT ACTIVITIES BY
THE COUNTY SHERIFF FOR THE CALENDAR YEAR  PRECEDING  THE  ONSET  OF  THE
DISABILITY.
After  the filing of such an application, such member shall be given one
or more medical examinations. If the  comptroller  determines  that  the
member  is  physically  or mentally incapacitated for the performance of
duty and ought to be retired for ordinary disability, he or she shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11832-02-1

S. 5655                             2

so retired. Such retirement shall be effective as of a date approved  by
the comptroller.
  S 2. Subdivision a of section 556 of the retirement and social securi-
ty  law,  as  amended  by chapter 489 of the laws of 2008, is amended to
read as follows:
  a. A member shall be entitled to an accidental  disability  retirement
allowance if, at the time application therefor is filed, he or she is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident not caused by his or her own
willful negligence sustained in such service and while actually a member
of the retirement system, and
  2.  Actually  in  service  upon  which his or her membership is based.
However, in a case where a member is discontinued  from  service  subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion,  application  may  be made either (a) by a vested member incapaci-
tated as the result of a qualifying  World  Trade  Center  condition  as
defined  in  section  two  of this chapter at any time, or (b) not later
than two years after the member is first discontinued from  service  and
provided that the member meets the requirements of paragraph one of this
subdivision.
  AN  APPLICATION  FOR DISABILITY RETIREMENT SHALL NOT BE DISAPPROVED ON
THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
NAL LAW ENFORCEMENT ACTIVITIES THAT AGGREGATE  FIFTY  PER  CENTUM  OF  A
DEPUTY  SHERIFF'S  SERVICE  DURING  A PERIOD PRECEDING THE FILING OF THE
APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
ITY ALLEGED IN THE APPLICATION AND FURTHER PROVIDED THE  DEPUTY  SHERIFF
WAS  CERTIFIED  AS  SO ENGAGED IN CRIMINAL LAW ENFORCEMENT ACTIVITIES BY
THE COUNTY SHERIFF AT THE TIME THE ACCIDENT IS ALLEGED TO HAVE OCCURRED.
  S 3. Subdivision b of section 558 of the retirement and social securi-
ty law, as added by chapter 165 of the laws  of  1995,  paragraph  2  as
amended  by  chapter  489  of  the  laws  of 2008, is amended to read as
follows:
  b. Eligibility. A member shall be entitled to retirement for disabili-
ty incurred in the performance of  duty  if,  at  the  time  application
therefor is filed, he or she is:
  1. Physically or mentally incapacitated for performance of duty as the
natural  and  proximate  result of a disability not caused by his or her
own willful negligence sustained in such service and  while  actually  a
member of the retirement system, and
  2.  Actually  in  service  upon  which his or her membership is based.
However, in a case where a member  is  discontinued  from  service,  and
provided that the member meets the requirements of paragraph one of this
subdivision,  application  may  be  made,  either (a) by a vested member
incapacitated as the result of a qualifying World Trade Center condition
as defined in section two of this chapter at any time, or (b) not  later
than  two  years  after  the  member  is  discontinued  from service and
provided that the member meets the requirements of subdivision a of this
section and this subdivision.
  AN APPLICATION FOR DISABILITY RETIREMENT SHALL NOT BE  DISAPPROVED  ON
THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
NAL  LAW  ENFORCEMENT  ACTIVITIES  THAT  AGGREGATE FIFTY PER CENTUM OF A
DEPUTY SHERIFF'S SERVICE DURING A PERIOD PRECEDING  THE  FILING  OF  THE
APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
ITY  ALLEGED  IN THE APPLICATION AND FURTHER PROVIDED THE DEPUTY SHERIFF
WAS CERTIFIED AS SO ENGAGED IN CRIMINAL LAW  ENFORCEMENT  ACTIVITIES  BY

S. 5655                             3

THE COUNTY SHERIFF AT THE TIME THE PHYSICAL OR MENTAL INCAPACITATION FOR
THE PERFORMANCE OF DUTY IS ALLEGED TO HAVE OCCURRED.
  S  4.  This  act  shall take effect immediately and shall apply to all
applications filed pursuant to section 555, 556 or 558 of the retirement
and social security law on and after July 1, 2009.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend the requirements for certain deputy sheriffs who
file a disability application. The application would not be  disapproved
on  the basis that such deputy failed to engage directly in criminal law
enforcement activities that aggregate at least fifty  percent  during  a
period  preceding the filing of the application, provided the failure to
do so was the result of  the  disability  alleged  in  the  application.
Further  such  deputy  must have been certified by the county sheriff as
engaged in criminal law enforcement activities that aggregate  at  least
fifty  percent  at  the  time  the accident is alleged to have occurred.
This will apply to all applications filed on and after July 1, 2009.
  If this bill is enacted, the number  of  affected  members  cannot  be
readily  determined.  The  cost  would  depend on the number of affected
cases, as well as the type of  disability  granted,  the  age,  service,
salary,  plan  and  tier  of  the affected members. These costs would be
borne by the State of New York and all participating  employers  in  the
New York State and Local Employees' Retirement System.
  This  estimate,  dated  May 31, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-190,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

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