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

                                  9199

                          I N  A S S E M B L Y

                            February 3, 2016
                               ___________

Introduced  by  M.  of A. ABBATE, GOLDFEDER -- 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:

  Section 1. Subdivision a of section 605-a of the retirement and social
security  law, as amended by chapter 489 of the laws of 2008, is amended
to read as follows:
  a. A member employed as a uniformed court officer or peace officer  in
the  unified  court system shall be entitled to an accidental disability
retirement allowance if, at the time application therefor is filed, such
member is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, not caused by  his  OR  HER
own  willful  negligence, sustained in such service and while actually a
member of the retirement system; and
  2. Actually in service upon which his  or  her  membership  is  based.
However,  in  a  case where a member is discontinued from service subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion, application may be made either (a) by a  vested  member  incapaci-
tated  as  the  result  of  a qualifying World Trade Center condition as
defined in section two of this chapter at any time,  or  (b)  not  later
than two years after the member is first discontinued from service.
  FOR  PURPOSES  OF  THIS  SUBDIVISION,  A  MEMBER WHO IS INJURED AS THE
RESULT OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN  SERVICE
SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA-
RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION.
  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.

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

                                                           LBD13802-01-6

A. 9199                             2

  FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
  This  bill would allow Tier 3, 4, 5 and 6 uniformed court officers and
peace officers in the unified court system to be eligible for  an  acci-
dental  disability for injuries sustained in the performance of duty and
the result of an injury sustained in the  performance  or  discharge  of
duty  by  or  as  the  result  of an assault by an assailant, unless the
contrary be proven by competent evidence. The benefit for an  accidental
disability  would  be  75% of final average salary less worker's compen-
sation.
  If this bill is enacted, the cost will vary depending on the  members'
age,  service,  tier  and  salary.  It is estimated that the average per
person cost will be approximately three (3) times salary.
  The exact number of members who could be affected by this  legislation
cannot  be readily determined. In all likelihood, very few members would
be affected.
  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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 January 14, 2016 and intended for use only during
the 2016 Legislative Session, is Fiscal Note No.  2016-35,  prepared  by
the Actuary for the New York State and Local Retirement System.