Bill S6438A-2011

Increases certain special accidental death benefits

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

Details

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

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 6, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

Memo

BILL NUMBER:S6438A

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: See fiscal note contained in legislation.

EFFECTIVE DATE: This act shall take effect July 1, 2012.


Text

STATE OF NEW YORK ________________________________________________________________________ 6438--A IN 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 -- 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 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% 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% 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. FISCAL NOTE.--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 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 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

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