S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3492
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, MANNION -- 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
   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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01823-02-3
              

 S. 3492                             2
 
   §  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.
   § 3. This act shall take effect immediately.
   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 as
 the result of a physical 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 compensation.
   If  this bill is enacted during the 2023 legislative session, the cost
 will depend upon the applicant's age, service,  salary,  plan,  and  any
 benefit type otherwise payable.
      Benefit without enactment:    None        Ordinary     Service
                                                Disability
      Cost for proposed benefit:    7.5 times   3 times      0 times
                                    salary      salary       salary
   The  exact  number  of  current  members as well as future members who
 could be affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership data as of March 31, 2022 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2020,
 2021, and 2022 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2022
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   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 judgment of an attorney.
   This  estimate,  dated  January  23,  2023,  and intended for use only
 during the  2023  Legislative  Session,  is  Fiscal  Note  No.  2023-19,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.