S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10485
 
                           I N  A S S E M B L Y
 
                              April 30, 2018
                                ___________
 
 Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   the retirement payable to any sheriff, deputy sheriff, undersheriff or
   correction officer injured on the job
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 607-c of the retirement and social
 security law, as added by chapter 639 of the laws of 1999, is amended to
 read as follows:
   a. [Any] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
 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 a county which makes an election pursuant to subdi-
 vision d of such  section  sixty-three-b[,  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  any
 act  of  any  inmate  or any person confined in an institution under the
 jurisdiction of such county, shall be paid a performance of  duty  disa-
 bility  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] SHALL BE PAID A PERFORMANCE OF DUTY DISABIL-
 ITY  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.  PROVIDED, HOWEVER, SUCH INDIVIDUAL SHALL
 HAVE BECOME PHYSICALLY OR MENTALLY INCAPACITATED DURING THE  PERFORMANCE
 OF DUTIES, AND THE PERFORMANCE OF SUCH DUTIES WAS THE NATURAL AND PROXI-
 MATE  CAUSE  OF  SUCH  INJURY.  THIS SUBDIVISION SHALL ALSO APPLY TO ANY
 SHERIFF, DEPUTY SHERIFF, UNDERSHERIFF OR CORRECTION OFFICER WHO  BECOMES
 PHYSICALLY  OR  MENTALLY  INCAPACITATED DURING THE PERFORMANCE OF DUTIES
 WHEN SUCH PHYSICAL OR MENTAL INCAPACITATION WAS THE RESULT OF ANY ACT OF
 ANY INMATE OR ANY PERSON CONFINED IN AN INSTITUTION UNDER THE  JURISDIC-
 TION OF SUCH COUNTY.
   § 2. Subdivision f of section 558 of the retirement and social securi-
 ty  law, as added by chapter 165 of the laws of 1995, is amended to read
              

 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05685-06-8

 A. 10485                            2
 
   f. The retirement allowance payable  upon  retirement  for  disability
 incurred  in the performance of duty shall consist of a pension of [one-
 half] THREE-QUARTERS of his or her final average salary plus an annuity,
 SUBJECT TO SECTION SIXTY-FOUR OF THIS CHAPTER, which shall be the  actu-
 arial equivalent of the member's accumulated contributions, if any.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow  any sheriff, deputy sheriff, undersheriff or
 correction officer who is currently  covered  under  the  provisions  of
 Section  607-c  of  the Retirement and Social Security Law (RSSL) who is
 disabled in the performance of duty to receive  a  performance  of  duty
 disability benefit of 75% of final average salary, less worker's compen-
 sation.  This  bill would remove the requirement that such disability is
 the result of an act of an inmate.
   This bill would also allow any sheriff, deputy sheriff or undersheriff
 who is currently covered under the provisions of  Article  14-B  of  the
 RSSL  who is disabled in the performance of duty to receive a benefit of
 75% of final average salary, less  worker's  compensation.  Current  law
 provides  a performance of duty disability benefit of 50% of final aver-
 age salary.
   If this bill is enacted, there will  be  an  increase  in  the  annual
 contributions  for  the  fiscal  year  ending March 31, 2019 which would
 depend on the retirement plan coverage of affected members.  The  annual
 increase  in  contributions for members covered under Article 14-B would
 be approximately 0.7%  of  affected  payroll.  The  annual  increase  in
 contributions  for  members  who  are not covered under Article 14-B and
 whose employer has elected to provide  the  benefits  of  Section  607-c
 would be approximately 3.9% of affected payroll.
   In  addition  to  the  annual  costs above, there will be an immediate
 one-time past service cost which we  anticipate  will  be  approximately
 4.2%  of the payroll of the affected members who are covered under Arti-
 cle 14-B, and approximately 24.7% of the payroll of the affected members
 who are not covered under Article 14-B and whose employers have  elected
 to  provide  the benefits of Section 607-c. These costs would be paid by
 the employers that have already  elected  to  provide  the  benefits  of
 Section 607-c or Article 14-B.
   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, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2017
 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 April 2, 2018, and intended for use only during
 the 2018 Legislative Session, is Fiscal Note No.  2018-82,  prepared  by
 the Actuary for the New York State and Local Retirement System.