A04008 Summary:
BILL NO | A04008 |
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SAME AS | SAME AS S03492 |
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SPONSOR | Pheffer Amato |
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COSPNSR | Colton, Santabarbara |
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MLTSPNSR | |
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Amd §605-a, R & SS L | |
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Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service. |
A04008 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A4008 SPONSOR: Pheffer Amato
  PURPOSE: To allow a uniformed court officer or peace officer employed by the Unified Court System who is injured as the result of a physical assault by an assailant sustained in the performance of his or her duty and can no longer perform his or her duties due to the injury to receive an accidental disability retirement.   SUMMARY OF PROVISIONS: Section one of this bill amends section 605-a(a) of the Retirement and Social Security Law to add physical assault by an assailant to the criteria that must be met for a member to receive an accidental disabil- ity retirement benefit. Section two of this bill states that 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. Section three of this bill states that this act shall take effect immediately.   JUSTIFICATION: A member employed as a uniformed court officer or peace officer who is physically assaulted while serving within the capacity of his or her job, and therefore becomes physically or mentally incapacitated to complete the duties of his or her job, should be eligible to receive an accidental disability retirement and all applicable benefits. While working within the full capacity of his or her job, a uniformed court officer or peace officer should be assured that he or she will be eligi- ble for an accidental disability retirement if he or she is injured due to an incident that was completely out of his or her control.   LEGISLATIVE HISTORY: 2022: A6365-Veto Memo No. 131 2017:S.3671 -Veto Memo No.192 2016:S.6764-Veto Memo No.242 2015:S.3947-Veto Memo No.206 2014:5.6757-A- Veto Memo No.652   FISCAL IMPLICATIONS: See the bill.   EFFECTIVE DATE: This act shall take effect immediately.
A04008 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4008 2023-2024 Regular Sessions IN ASSEMBLY February 8, 2023 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees AN ACT to amend the retirement and social security law, in relation to accidental disability retirement for uniformed court officers and peace officers employed in the unified court system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision a of section 605-a of the retirement and social 2 security law, as amended by chapter 489 of the laws of 2008, is amended 3 to read as follows: 4 a. A member employed as a uniformed court officer or peace officer in 5 the unified court system shall be entitled to an accidental disability 6 retirement allowance if, at the time application therefor is filed, such 7 member is: 8 1. Physically or mentally incapacitated for performance of duty as the 9 natural and proximate result of an accident, not caused by his or her 10 own willful negligence, sustained in such service and while actually a 11 member of the retirement system; and 12 2. Actually in service upon which his or her membership is based. 13 However, in a case where a member is discontinued from service subse- 14 quent to the accident, either voluntarily or involuntarily, and provided 15 that the member meets the requirements of paragraph one of this subdivi- 16 sion, application may be made either (a) by a vested member incapaci- 17 tated as the result of a qualifying World Trade Center condition as 18 defined in section two of this chapter at any time, or (b) not later 19 than two years after the member is first discontinued from service. 20 For purposes of this subdivision, a member who is injured as the 21 result of a physical assault by an assailant, suffered while in service 22 shall be entitled to accidental disability retirement unless the contra- 23 ry can be proven by competent evidence under this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01823-02-3A. 4008 2 1 § 2. Notwithstanding any other provision of law to the contrary, none 2 of the provisions of this act shall be subject to section 25 of the 3 retirement and social security law. 4 § 3. This act shall take effect immediately. 5 FISCAL NOTE.--Pursuant to Legislative Law, Section 50: 6 This bill would allow Tier 3, 4, 5 and 6 uniformed court officers and 7 peace officers in the unified court system to be eligible for an acci- 8 dental disability for injuries sustained in the performance of duty as 9 the result of a physical assault by an assailant, unless the contrary be 10 proven by competent evidence. The benefit for an accidental disability 11 would be 75% of final average salary less worker's compensation. 12 If this bill is enacted during the 2023 legislative session, the cost 13 will depend upon the applicant's age, service, salary, plan, and any 14 benefit type otherwise payable. 15 Benefit without enactment: None Ordinary Service 16 Disability 17 Cost for proposed benefit: 7.5 times 3 times 0 times 18 salary salary salary 19 The exact number of current members as well as future members who 20 could be affected by this legislation cannot be readily determined. 21 Summary of relevant resources: 22 Membership data as of March 31, 2022 was used in measuring the impact 23 of the proposed change, the same data used in the April 1, 2022 actuari- 24 al valuation. Distributions and other statistics can be found in the 25 2022 Report of the Actuary and the 2022 Annual Comprehensive Financial 26 Report. 27 The actuarial assumptions and methods used are described in the 2020, 28 2021, and 2022 Annual Report to the Comptroller on Actuarial Assump- 29 tions, and the Codes, Rules and Regulations of the State of New York: 30 Audit and Control. 31 The Market Assets and GASB Disclosures are found in the March 31, 2022 32 New York State and Local Retirement System Financial Statements and 33 Supplementary Information. 34 This fiscal note does not constitute a legal opinion on the viability 35 of the proposed change nor is it intended to serve as a substitute for 36 the professional judgment of an attorney. 37 This estimate, dated January 23, 2023, and intended for use only 38 during the 2023 Legislative Session, is Fiscal Note No. 2023-19, 39 prepared by the Actuary for the New York State and Local Retirement 40 System.