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

                                  9045

                          I N  A S S E M B L Y

                             March 11, 2014
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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 Westchester 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  ARE  EMPLOYED  IN  WESTCHESTER  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 PRES-
ENT 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 Westchester 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".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14176-02-4
              

A. 9045                             2

  If this legislation is enacted during the 2014 legislative session, we
anticipate that there will be an increase in the annual contributions of
Westchester  County of approximately $220,000 for the fiscal year ending
March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service  cost  of approximately $1.05 million which
would be borne by the Westchester County as  a  one-time  payment.  This
estimate  is based on the assumption that payment will be made on Febru-
ary 1, 2015.
  These estimated costs are based on 822 sheriffs, undersheriffs, deputy
sheriffs and correction officers employed by Westchester County  with  a
total  estimated  annual  salary  of  approximately $100 million for the
fiscal year ending March 31, 2013.
  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 March 4, 2014, and intended for use  only  during
the  2014  Legislative  Session, is Fiscal Note No. 2014-98, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.