S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6381
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2017
                                ___________
 
 Introduced  by  M.  of A. GRAF, MONTESANO, KEARNS, LUPINACCI, McDONOUGH,
   GARBARINO, WALTER, GOODELL, STECK, FINCH, MURRAY -- Multi-Sponsored by
   -- M. of A. COOK, CROUCH, RIVERA -- 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 PROVISION OF  THIS  SECTION  SHALL  ALSO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05685-03-7

 A. 6381                             2
 
 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
 JURISDICTION 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:
   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
 which  shall  be  the  actuarial  equivalent of the member's accumulated
 contributions, if any.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.-- 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, 2016 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2016
 Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2015
 and  2016 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, 2016
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am member of the American Academy of Actuaries and meet  the  Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  estimate,  dated  February  14,  2017, and intended for use only
 during the  2017  Legislative  Session,  is  Fiscal  Note  No.  2017-40,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.
   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,  2018  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 4.0% 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

 A. 6381                             3
 
 4.2% of the payroll of the affected members who are covered under  Arti-
 cle 14-B, and approximately 24.0% 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.