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.
NEW 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.
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.
LBD01823-02-3
A. 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.
