This bill has been amended

Bill S6467-2013

Relates to increasing certain special accidental death benefits

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

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  • Jan 28, 2014: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S6467

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 2014-15.

SUMMARY OF PROVISIONS:

This bill amends subdivision c of section 208-f of the General Municipal Law as amended by Chapter 196 of the Laws of 2013 and subdivision c of section 361-a of the Retirement and Social Security Law, as amended by Chapter 196 of the Laws of 2013.

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:

Chapter 305 2010 - A9914/S6879 Chapter 439 2011 - A6068/S3994 Chapter 161 2012 - A9116/S6438A Chapter 285, 2013 Chapter 196

FISCAL IMPLICATIONS:

See Fiscal Note.

EFFECTIVE DATE:

This act shall take effect July 1, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 6467 IN SENATE January 28, 2014 ___________
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 196 of the laws of 2013, is amended to read as follows: c. Commencing July first, two thousand [thirteen] FOURTEEN 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 [189.8%] 198.5% 1978 [181.4%] 189.8% 1979 [173.2%] 181.4% 1980 [165.2%] 173.2% 1981 [157.5%] 165.2% 1982 [150.0%] 157.5% 1983 [142.7%] 150.0% 1984 [135.7%] 142.7% 1985 [128.8%] 135.7% 1986 [122.1%] 128.8% 1987 [115.7%] 122.1% 1988 [109.4%] 115.7% 1989 [103.3%] 109.4% 1990 [97.4%] 103.3% 1991 [91.6%] 97.4%
1992 [86.0%] 91.6% 1993 [80.6%] 86.0% 1994 [75.4%] 80.6% 1995 [70.2%] 75.4% 1996 [65.3%] 70.2% 1997 [60.5%] 65.3% 1998 [55.8%] 60.5% 1999 [51.3%] 55.8% 2000 [46.9%] 51.3% 2001 [42.6%] 46.9% 2002 [38.4%] 42.6% 2003 [34.4%] 38.4% 2004 [30.5%] 34.4% 2005 [26.7%] 30.5% 2006 [23.0%] 26.7% 2007 [19.4%] 23.0% 2008 [15.9%] 19.4% 2009 [12.6%] 15.9% 2010 [9.3%] 12.6% 2011 [6.1%] 9.3% 2012 [3.0%] 6.1% 2013 [0.0%] 3.0% 2014 0.0% S 2. Subdivision c of section 361-a of the retirement and social secu- rity law, as amended by chapter 196 of the laws of 2013, is amended to read as follows: c. Commencing July first, two thousand [thirteen] FOURTEEN 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 [189.8%] 198.5% 1978 [181.4%] 189.8% 1979 [173.2%] 181.4% 1980 [165.2%] 173.2% 1981 [157.5%] 165.2% 1982 [150.0%] 157.5% 1983 [142.7%] 150.0% 1984 [135.7%] 142.7% 1985 [128.8%] 135.7% 1986 [122.1%] 128.8% 1987 [115.7%] 122.1% 1988 [109.4%] 115.7% 1989 [103.3%] 109.4% 1990 [97.4%] 103.3% 1991 [91.6%] 97.4% 1992 [86.0%] 91.6% 1993 [80.6%] 86.0% 1994 [75.4%] 80.6% 1995 [70.2%] 75.4% 1996 [65.3%] 70.2% 1997 [60.5%] 65.3%
1998 [55.8%] 60.5% 1999 [51.3%] 55.8% 2000 [46.9%] 51.3% 2001 [42.6%] 46.9% 2002 [38.4%] 42.6% 2003 [34.4%] 38.4% 2004 [30.5%] 34.4% 2005 [26.7%] 30.5% 2006 [23.0%] 26.7% 2007 [19.4%] 23.0% 2008 [15.9%] 19.4% 2009 [12.6%] 15.9% 2010 [9.3%] 12.6% 2011 [6.1%] 9.3% 2012 [3.0%] 6.1% 2013 [0.0%] 3.0% 2014 0.0% S 3. This act shall take effect July 1, 2014. 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 2014. 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 $438,000 above the approximately $9.7 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: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2013 actuarial valu- ation. Distributions and other statistics can be found in the 2013 Report of the Actuary and the 2013 Comprehensive Annual Financial Report. The Market Assets and GASB Disclosures are found in the March 31, 2013 New York State and Local Retirement System Financial Statements and Supplementary Information. The actuarial assumptions and methods used are described in the 2010, 2011, 2012 and 2013 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes Rules and Regulations of the State of New York: Audit Control. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This estimate, dated January 13, 2014 and intended for the use only during the 2014 Legislative Session, is Fiscal Note No. 2014-55, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.

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