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

                                  7644

                            I N  S E N A T E

                              May 22, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

AN  ACT  to  authorize  Darwyn  Byer  to apply for accidental disability
  retirement benefits from the New York state and local police and  fire
  retirement system

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

  Section 1. Notwithstanding any other provision of  law,  Darwyn  Byer,
who  is  employed by the Nassau County Police Department since March 31,
1995 and is a member of the New York state and  local  police  and  fire
retirement  system  for  approximately 17 years, was injured on December
26, 2002 as the result of an on the job  accident.  Notwithstanding  any
rule,  regulation  or  law to the contrary, he shall be entitled to file
for an accidental disability retirement benefit provided by the New York
state and local police and fire retirement system. Such application will
be based upon the full duty standard of a  police  officer  rather  than
utilize  a  light duty standard. Such application must be filed with the
New York state and local police and fire retirement system  pursuant  to
section  363  of  the  retirement  and social security law no later than
December 31, 2014.
  S 2. All costs associated with the implementation of this act shall be
borne by the county of Nassau.
  S 3. This act shall take effect immediately.
  FISCAL NOTE-- Pursuant to Legislative Law, Section 50:
  This bill would provide a different standard for an  accidental  disa-
bility retirement benefit determination for Darwyn Byer than is current-
ly  required  by  regulations  promulgated  by  the  State  Comptroller.
Specifically, the bill would require that the State Comptroller render a
determination as to whether Mr. Byer  is  entitled  to  such  disability
benefit  based  upon  a "full duty standard" rather than the "light duty
standard" required by Title 2 of the New York  Codes,  Rules  and  Regu-
lations Part 364 for such a determination on an application for benefits
filed by or on behalf of Darwyn Byer or anyone else similarly situated.

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

                                                           LBD10989-02-4

S. 7644                             2

  If  this  bill  is  enacted and a disability benefit is granted, there
will be an immediate past service cost of approximately  $432,000  which
will  be  borne by Nassau County as a one-time payment. This estimate is
based on the assumption that payment will be made on February 1, 2015.
  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  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 and Control.
  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.
  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 May 15, 2014 and intended for use only during the
2014  Legislative  Session, is Fiscal Note No. 2014-122, prepared by the
Actuary for the New York State and  Local  Police  and  Fire  Retirement
System.