S T A T E O F N E W Y O R K
________________________________________________________________________
3922
2019-2020 Regular Sessions
I N S E N A T E
February 21, 2019
___________
Introduced by Sens. GOUNARDES, FUNKE -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
Pensions
AN ACT to amend the retirement and social security law, in relation to
disability retirement for members of the department of environmental
conservation, forest rangers, university police officers and the
regional state park police
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 363-ee to read as follows:
§ 363-EE. ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR CERTAIN
MEMBERS OR OFFICERS OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, FOREST RANGERS, REGIONAL STATE PARK
POLICE OFFICERS, AND UNIVERSITY POLICE OFFICERS. A. A MEMBER MAY ELECT
TO RECEIVE AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE AS PROVIDED
UNDER THIS SECTION IN LIEU OF THE BENEFITS PROVIDED UNDER SECTION THREE
HUNDRED SIXTY-THREE-E OF THIS TITLE IF, AT THE TIME APPLICATION THEREFOR
IS FILED, HE OR SHE 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 NON-
SEASONALLY APPOINTED MEMBER OF THE DIVISION OF LAW ENFORCEMENT IN THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, A POLICE OFFICER IN THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AN OFFICER IN THE REGIONAL
STATE PARK POLICE, A FOREST RANGER IN THE SERVICE OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION WHICH SHALL MEAN A PERSON WHO SERVES ON A
FULL-TIME BASIS IN THE TITLE OF FOREST RANGER I, FOREST RANGER II,
FOREST RANGER III, ASSISTANT SUPERINTENDENT OF FOREST FIRE CONTROL,
SUPERINTENDENT OF FOREST FIRE CONTROL OR ANY SUCCESSOR TITLES OR NEW
TITLES IN THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT OF ENVIRON-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08623-02-9
S. 3922 2
MENTAL CONSERVATION, OR A UNIVERSITY POLICE OFFICER APPOINTED PURSUANT
TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
THE EDUCATION LAW, 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.
B. APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR
SUCH A MEMBER MAY BE MADE BY:
1. SUCH MEMBER, OR
2. THE HEAD OF THE DEPARTMENT WHERE SUCH MEMBER IS EMPLOYED OR HIS OR
HER DESIGNEE, OR
3. A PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
C. (A) AFTER THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE
GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER
BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
1. THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED;
2. THE PARTICULARS THEREOF;
3. THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
4. HIS OR HER ALLEGED INCAPACITY.
(B) THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
1. IF NOTICE OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH THE
PROVISIONS OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN WHICH A
PARTICIPATING EMPLOYER SHALL HAVE ITS EMPLOYEES LOCATED OR PERFORMING
FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOYMENT, OR
2. IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT, OR
3. IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
D. IF THE COMPTROLLER DETERMINES THAT THE MEMBER IS PHYSICALLY OR
MENTALLY INCAPACITATED FOR THE PERFORMANCE OF DUTY AND OUGHT TO BE
RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE RETIREMENT ALLOW-
ANCE PAYABLE UPON ACCIDENTAL DISABILITY RETIREMENT SHALL CONSIST OF:
1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S
ACCUMULATED CONTRIBUTIONS, PLUS
2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN-
CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED, IF ANY, PLUS
3. A PENSION OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY. THE
PAYMENT OF SUCH PENSION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
THREE HUNDRED SIXTY-FOUR OF THIS TITLE.
F. IF THE MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION B OF THIS SECTION, IS ELIGIBLE FOR A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SEVENTY OF THIS CHAPTER, PROVIDED THAT THE
MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
DISABILITY RETIREMENT.
S. 3922 3
G. FOR PURPOSES OF THIS SECTION, THE TERM "ACCIDENT" SHALL HAVE THE
SAME MEANING AND BE INTERPRETED IN THE SAME MANNER AS SUCH TERM IS
DEFINED AND INTERPRETED TO MEAN IN SECTION THREE HUNDRED SIXTY-THREE OF
THIS TITLE.
H. 1. (A) NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS
CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN
SECTION TWO OF THIS CHAPTER, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT
WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL
AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN
WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
(B) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU-
LATION TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD TRADE
CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN SECTION TWO
OF THIS CHAPTER, AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN
ORDINARY DISABILITY RETIREMENT OR A PERFORMANCE OF DUTY DISABILITY
RETIREMENT AND SUBSEQUENT TO SUCH RETIREMENT IS DETERMINED BY THE COMP-
TROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN
SECTION TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE COMPTROLLER
IT SHALL BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE PERFORM-
ANCE AND DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT
THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE
RETIRED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME OF
THE MEMBER'S RETIREMENT, UNLESS THE CONTRARY IS PROVEN BY COMPETENT
EVIDENCE.
(B) THE COMPTROLLER SHALL CONSIDER A RECLASSIFICATION OF THE MEMBER'S
RETIREMENT AS AN ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE AS OF THE
DATE OF SUCH RECLASSIFICATION.
(C) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
OF SUCH RECLASSIFICATION.
(D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE-
MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
FOR RECLASSIFICATION BY THE COMPTROLLER ACCORDING TO PROCEDURES DEVEL-
OPED BY THE COMPTROLLER.
(E) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
I. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA
OF SUBDIVISION H OF THIS SECTION AND RETIRED ON A SERVICE OR DISABILITY
RETIREMENT, OR WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN
ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWEN-
TY-FIVE YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS DETERMINED BY THE
APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,
THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE
SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
ARY, AS SET FORTH IN SECTION THREE HUNDRED SIXTY-ONE OF THIS TITLE,
S. 3922 4
SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION
THREE HUNDRED SIXTY-ONE OF THIS TITLE, HOWEVER, FOR THE PURPOSES OF
DETERMINING THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS
CALCULATED, THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS
OR HER RETIREMENT. UPON THE RETIREE'S DEATH, THE ELIGIBLE BENEFICIARY
SHALL MAKE A WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM
WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENE-
FIT AS SET FORTH IN SECTION THREE HUNDRED SIXTY-ONE OF THIS TITLE
REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT
BENEFIT TO AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION,
THE ELIGIBLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE
BENEFITS PAYABLE UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT,
INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH.
IF THE ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICIARY RECEIVING OR
ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT
BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS
OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION),
THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL
BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
SUBDIVISION H OF THIS SECTION; AND (2) DIES IN ACTIVE SERVICE FROM A
QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF
THIS CHAPTER, AS DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT
SYSTEM OR APPLICABLE MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH MEMBER'S
PARTICIPATION IN THE WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP
OPERATIONS, AS DEFINED IN SECTION TWO OF THIS CHAPTER, THEN UNLESS THE
CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN
THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS
OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
THREE HUNDRED SIXTY-ONE OF THIS TITLE, SHALL BE ENTITLED TO AN ACCI-
DENTAL DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE
HEAD OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION
FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN SECTION THREE HUNDRED
SIXTY-ONE OF THIS TITLE.
§ 2. The section heading and subdivision a of section 363-e of the
retirement and social security law, as added by chapter 208 of the laws
of 1997, are amended to read as follows:
Disability retirement allowance for members of the division of law
enforcement in the department of environmental conservation, POLICE
OFFICERS IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, FOREST
RANGERS, UNIVERSITY POLICE OFFICERS and the regional state park police.
a. Every non-seasonally appointed sworn member or officer of the divi-
sion of law enforcement in the department of environmental conservation
and the regional state park police, EVERY POLICE OFFICER IN THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, EVERY FOREST RANGER AND EVERY
UNIVERSITY POLICE OFFICER APPOINTED PURSUANT TO PARAGRAPH L OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW who
becomes physically or mentally incapacitated for the performance of duty
shall be covered by the provisions of this section in lieu of the
provisions of section three hundred sixty-two or three hundred sixty-
three of this [article] TITLE; except, however, any such member or offi-
cer who last entered or reentered service in the department of environ-
mental conservation or state park police, as the case may be, prior to
S. 3922 5
September first, nineteen hundred ninety-seven, shall be entitled to
apply for disability retirement pursuant to such sections and to receive
the benefit so payable in lieu of the benefit payable pursuant to this
section. THE BENEFITS PROVIDED BY THIS SECTION FOR UNIVERSITY POLICE
OFFICERS SHALL BE IN LIEU OF SECTION THREE HUNDRED SIXTY-THREE OF THIS
TITLE.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant improved accidental and performance of duty
disability pensions to certain members or officers of the division of
law enforcement in the department of environmental conservation, forest
rangers, regional state park police and university police officers. The
benefit for an accidental disability would be 75% of final average sala-
ry minus worker's compensation. The benefit for a performance of duty
disability benefit would be 50% of final average salary.
If this bill is enacted during the 2019 legislative session, we antic-
ipate that there will be an increase of approximately $360,000 in the
annual contributions for the fiscal year ending March 31, 2020. In
future years, this cost will vary as the billing rates and salary of
affected members change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $1.04 million which will
be borne by the state of New York as a one-time payment. This estimate
is based on the assumption that payment will be made on March 1, 2020.
These estimated costs are based on 578 members having an annual salary
for the fiscal year ending March 31, 2018 of approximately $48.9
million.
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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgement of an attorney.
This estimate, dated February 12, 2019, and intended for used only
during the 2019 Legislative Session, is Fiscal Note No. 2019-46,
prepared by the Actuary for the New York State and Local Retirement
System.
