S6438-2011 Actions

• Jun 19, 2012: SUBSTITUTED BY A9116A
• Jun 19, 2012: ORDERED TO THIRD READING CAL.1359
• Jun 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
• Mar 6, 2012: PRINT NUMBER 6438A
• Mar 6, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Feb 9, 2012: REFERRED TO LOCAL GOVERNMENT

S6438-2011 Votes

S6438-2011 Memo

BILL NUMBER:S6438

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 161 of the laws of 2011 and
subdivision c of section 361-a of the Retirement and social Security
Law, as amended by chapter 161 of the Laws of 2011.

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:
2008: A.9666/S.6733   Chapter 76
2009: A.4905/S.2343   Chapter 305
2010: A.9914A/S.6879A Chapter 439
2011: A.6068/S.3994A  Chapter 161

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 $390,000 above the approximately $8.7 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 6, 2012 and intended for use only during
the 2012 Legislative Session, is Fiscal Note No. 2012-43, 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, 2012.

S6438-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6438
 I N  SENATE
 February 9, 2012
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government
 

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 161 of the laws of 2011, is amended  to  read
 as follows:

 c.  Commencing  July  first,  two thousand [eleven] TWELVE the special
 accidental 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  esca
 lated  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                    [173.2%] 181.4%
 1978                             [165.2%] 173.2%
 1979                             [157.5%] 165.2%
 1980                             [150.0%] 157.5%
 1981                             [142.7%] 150.0%
 1982                             [135.7%] 142.7%
 1983                             [128.8%] 135.7%
 1984                             [122.1%] 128.8%
 1985                             [115.7%] 122.1%
 1986                             [109.4%] 115.7%
 1987                             [103.3%] 109.4%
 1988                              [97.4%] 103.3%
 1989                              [91.6%] 97.4%
 1990                              [86.0%] 91.6%
 1991                              [80.6%] 86.0%
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13981-02-2
 
       S. 6438                             2
 1992                              [75.4%] 80.6%
 1993                              [70.2%] 75.4%
 1994                              [65.3%] 70.2%
 1995                              [60.5%] 65.3%
 1996                              [55.8%] 60.5%
 1997                              [51.3%] 55.8%
 1998                              [46.9%] 51.3%
 1999                              [42.6%] 46.9%
 2000                              [38.4%] 42.6%
 2001                              [34.4%] 38.4%
 2002                              [30.5%] 34.4%
 2003                              [26.7%] 30.5%
 2004                              [23.0%] 26.7%
 2005                              [19.4%] 23.0%
 2006                              [15.9%] 19.4%
 2007                              [12.6%] 15.9%
 2008                               [9.3%] 12.6%
 2009                               [6.1%] 9.3%
 2010                               [3.0%] 6.1%
 2011                               [0.0%] 3.0%
 2012                               0.0%
 

S 2. Subdivision c of section 361-a of the retirement and social secu
 rity  law,  as amended by chapter 161 of the laws of 2011, is amended to
 read as follows:

 c. Commencing July first, two thousand  [eleven]  TWELVE  the  special
 accidental  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 esca
 lated 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                    [173.2%] 181.4%
 1978                             [165.2%] 173.2%
 1979                             [157.5%] 165.2%
 1980                             [150.0%] 157.5%
 1981                             [142.7%] 150.0%
 1982                             [135.7%] 142.7%
 1983                             [128.8%] 135.7%
 1984                             [122.1%] 128.8%
 1985                             [115.7%] 122.1%
 1986                             [109.4%] 115.7%
 1987                             [103.3%] 109.4%
 1988                              [97.4%] 103.3%
 1989                              [91.6%] 97.4%
 1990                              [86.0%] 91.6%
 1991                              [80.6%] 86.0%
 1992                              [75.4%] 80.6%
 1993                              [70.2%] 75.4%
 1994                              [65.3%] 70.2%
 1995                              [60.5%] 65.3%
 1996                              [55.8%] 60.5%
 1997                              [51.3%] 55.8%
 1998                              [46.9%] 51.3%
 1999                              [42.6%] 46.9%
 
       S. 6438                             3
 2000                              [38.4%] 42.6%
 2001                              [34.4%] 38.4%
 2002                              [30.5%] 34.4%
 2003                              [26.7%] 30.5%
 2004                              [23.0%] 26.7%
 2005                              [19.4%] 23.0%
 2006                              [15.9%] 19.4%
 2007                              [12.6%] 15.9%
 2008                               [9.3%] 12.6%
 2009                               [6.1%] 9.3%
 2010                               [3.0%] 6.1%
 2011                               [0.0%] 3.0%
 2012                               0.0%
 

S 3. This act shall take effect July 1, 2012.
 FISCAL NOTE.-- Pursuant to Legislative Law,

Section 50:

 This  bill  would amend both the General Municipal Law and the Retire
 ment and Social Security Law to increase the salary used in the computa
 tion of the special accidental death benefit by 3% in  cases  where  the
 date of death was before 2012.
 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  $390,000  above  the  approximately  $8.7 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.
 Summary of relevant resources:

 Data:  March  31,  2011  Actuarial Year End File with distributions of
 membership and other statistics displayed in  the  2011  Report  of  the
 Actuary and 2011 Comprehensive Annual Financial Report.
 Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp
 troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
 State of New York: Audit and Control.
 Market  Assets and GASB Disclosures: March 31, 2011 New York State and
 Local Retirement System Financial Statements and Supplementary  Informa
 tion.
 Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
 the 2011 Actuarial Valuations report.
 I am a member of the American Academy of Actuaries and meet the Quali
 fication Standards to render the actuarial opinion contained.
 This estimate, dated January 6, 2012 and intended for use only  during
 the  2012  Legislative  Session, is Fiscal Note No. 2012-43, prepared by
 the Actuary for the New York State and Local Police and Fire  Retirement
 System.

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