Bill S6800-2013

Relates to providing certain officers in Nassau county 75% disability benefits for injuries sustained in performance of duties as a result of an act of a civilian

Provides sheriffs, deputy sheriffs, undersheriffs and correction officers in Nassau county 75% disability benefits for injuries sustained in the performance of duties that are a result of an intentional or reckless act of any civilian visiting or otherwise present at a correctional institution.

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  • Mar 12, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S6800

TITLE OF BILL: An act to amend the retirement and social security law, in relation to disability retirement benefits for sheriffs, deputy sheriffs, undersheriffs, and correction officers in Nassau county

PURPOSE:

This bill would allow disability benefits for sheriffs, deputy sheriffs, under sheriffs and correction officers in Nassau County.

SUMMARY OF PROVISIONS:

This bill adds a new subdivision f of section 607-c of the retirement and social security law.

JUSTIFICATION:

Currently, many correction officers outside of New York City, including Nassau County, have a limited 75% disability retirement program that provides them with service disability retirement if they are permanently disabled as the result of the direct actions of an inmate. This bill, when enacted, will extend that package to officers in Nassau who are seriously, permanently disabled as a result of the negligent or intentional actions of visitors to a correctional facility. Unfortunately, on rare occasions, visitors attempt to bring contraband (drugs, weapons) into correctional facilities. From time to time, certain visitors may become violent with the officer assigned to security duty, and unfortunately these officers are sometimes left unable to continue in their job. The usage of this package is anticipated to be rare, but it will provide for the security of an affected officer and his or her family members on such occasions.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

See the bill.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6800 IN SENATE March 12, 2014 ___________
Introduced by Sen. GOLDEN -- 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 benefits for sheriffs, deputy sheriffs, undersh- eriffs, and correction officers in Nassau county THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 607-c of the retirement and social security law is amended by adding a new subdivision f to read as follows: F. ANY SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF, OR CORRECTION OFFICER AS DEFINED IN SUBDIVISION A OF SECTION SIXTY-THREE-B OF THIS CHAPTER, AND WHO IS EMPLOYED IN NASSAU COUNTY, 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 BY, OR AS THE NATURAL AND PROXIMATE RESULT OF AN INTENTIONAL OR RECKLESS ACT OF ANY CIVILIAN VISITING, OR OTHERWISE PRESENT AT, AN INSTITUTION UNDER THE JURISDICTION OF SUCH COUNTY, SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER. S 2. Notwithstanding any other provision of law to the contrary, none of the provisions of this act shall be subject to section 25 of the retirement and social security law. S 3. This act shall take effect immediately. FISCAL NOTE: Pursuant to Legislative Law, Section 50: This bill will allow any sheriff, undersheriff, deputy sheriff or correction officer employed by Nassau County to become eligible to receive a performance of duty benefit due to the intentional or reckless act of a civilian visiting an institution under the jurisdiction of such county. The benefit will be 75% of final average salary less worker's compensation. Currently, to be eligible for such improved benefit, it is required that such injuries were sustained as the result of an "act of an inmate".

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