NY State Senate Bill 2023-S5208A

Senate Bill S5208A

2023-2024 Legislative Session

Relates to disability retirement benefits for deputy sheriff Richard Stueber, a participant in World Trade Center rescue, recovery, or cleanup operations

download bill text pdf

Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2024	recommit, enacting clause stricken
Mar 08, 2024	print number 5208a
Mar 08, 2024	amend (t) and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
Feb 27, 2023	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2023-S5208 - Details

See Assembly Version of this Bill:: A5067
Law Section:: Retirement
Versions Introduced in 2021-2022 Legislative Session:: S6539, A7626

2023-S5208 - Summary

Provides accidental disability retirement benefits for deputy sheriff Richard Stueber, a participant in World Trade Center rescue, recovery, and cleanup operations.

2023-S5208 - Sponsor Memo

                                 
BILL NUMBER: S5208

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act relating to disability retirement benefits for deputy sheriff
Richard Stueber, a participant in World Trade Center rescue, recovery,
and cleanup operations

 
PURPOSE:

To allow Deputy Sheriff Richard Stueber to receive 75% accidental disa-
bility retirement.

 
SUMMARY OF PROVISIONS:

Mr. Stueber shall be entitled to a 75% accidental disability retirement
pursuant to paragraph 4 of subdivision d of section 605 of the retire-
ment and social security law.

 
JUSTIFICATION:

Suffolk County Sheriff's Officer Richard Stueber answered the call to
serve his state and nation as part of the World Trade Center rescue,
recovery and cleanup efforts in the weeks and months following the 9/11
attacks.

Officer Stueber was accepted into the Zadroga World Trade Center Program
and became incapacitated from performing all the duties of a police
officer as a result of his participation in the WTC rescue and recovery.
Richard applied for his WTC Accidental Disability retirement with the
New York State and Local Retirement System in February 2019 which was
processed by that System and GRANTED March 12, 2020. He was awarded a
75% 911 accidental disability retirement by the System on March 12, 2020
by a favorable determination made by the System. However, while this
process was pending, Officer Stueber was forced to take his New York
State Service pension in March 2019, one month after he filed for his
Disability Retirement Application as the ability to stay on the Suffolk
County Sheriff's payroll during the time it took to prosecute his 9/11
World Trade Center Accidental Retirement Application was not possible.

On December 14, 2020, the New York State Retirement System sent a letter
notifying Mr. Stueber that he was ineligible for the 75% portion of WTC
Accidental Disability retirement benefit due to changes in the Law under
the provisions of Section 605(d)(4) of the Retirement and Social Securi-
ty Law, which took effect September 11, 2019. Clearly, this was not the
Legislative intent to shrink the class of eligible participants as the
Legislative notes that coincide with the bill clearly state that the
Legislative intent is to expand the class to some 600 plus people who
could become seriously medically effected by the events of the 9/11
disaster.

This legislation seeks to ensure Officer Stueber receives his 75% 9/11
accidental disability retirement, as was the original intent of the law.

 
LEGISLATIVE HISTORY:

2022 S.6539A.

 
FISCAL IMPLICATIONS:

Immediate past service cost of approximately $247,000.

 
EFFECTIVE DATE:
Immediately.

2023-S5208 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5208
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT relating to disability retirement  benefits  for  deputy  sheriff
   Richard Stueber, a participant in World Trade Center rescue, recovery,
   and cleanup operations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other  law  to  the  contrary,  Richard
 Stueber,  a  deputy  sheriff employed by Suffolk County who retired from
 such service on March 1, 2019, and who participated in the  World  Trade
 Center  rescue,  recovery  and cleanup operations as a member of the New
 York City police department, shall be entitled to a 75% accidental disa-
 bility retirement  benefit pursuant to paragraph 4 of subdivision  d  of
 section  605  of  the  retirement and social security law based upon the
 determination by the New York  state  and  local  employees'  retirement
 system  on March 12, 2020 that Richard Stueber was permanently incapaci-
 tated  for the performance of his duties as  a  result  of  his  partic-
 ipation  in  the  World  Trade Center rescue, recovery, or cleanup oper-
 ations. Such benefit shall be payable from the date of his retirement.
   § 2. All costs associated with implementing this act shall be borne by
 the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow Richard Stueber, a service retiree  of  the  New
 York  State and Local Employees' Retirement System who previously worked
 for Suffolk County, to be entitled to an accidental  disability  retire-
 ment  benefit  equal to 75% of final average salary, payable pursuant to
 §605(d)(4) of the Retirement and Social Security Law,  as  a  result  of
 their participation in the World Trade Center (WTC) rescue, recovery and
 cleanup  operations.  The  retirement  benefit would be recalculated and
 payment would be made retroactive to the date of retirement.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06751-02-3

 S. 5208                             2
 
   If this bill is enacted during the  2023  legislative  session,  there
 will  be  an immediate past service cost of approximately $247,000 which
 will be borne by the State of New York as a one-time payment. This esti-
 mate assumes that payment will be made on March 1, 2024.
   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.
   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 judgment of an attorney.
   This estimate, dated February 15, 2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-45,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2023-S5208A (ACTIVE) - Details

See Assembly Version of this Bill:: A5067
Law Section:: Retirement
Versions Introduced in 2021-2022 Legislative Session:: S6539, A7626

2023-S5208A (ACTIVE) - Summary

Provides accidental disability retirement benefits for deputy sheriff Richard Stueber, a participant in World Trade Center rescue, recovery, and cleanup operations.

2023-S5208A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5208A

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act relating to disability retirement benefits for deputy sheriff
Richard Stueber, a participant in World Trade Center rescue, recovery,
and cleanup operations

 
PURPOSE:

To allow Deputy Sheriff Richard Stueber to receive 75% accidental disa-
bility retirement.

 
SUMMARY OF PROVISIONS:

Mr. Stueber shall be entitled to a 75% accidental disability retirement
pursuant to paragraph 4 of subdivision d of section 605 of the retire-
ment and social security law.

 
JUSTIFICATION:

Suffolk County Sheriff's Officer Richard Stueber answered the call to
serve his state and nation as part of the World Trade Center rescue,
recovery and cleanup efforts in the weeks and months following the 9/11
attacks.

Officer Stueber was accepted into the Zadroga World Trade Center Program
and became incapacitated from performing all the duties of a police
officer as a result of his participation in the WTC rescue and recovery.
Richard applied for his WTC Accidental Disability retirement with the
New York State and Local Retirement System in February 2019 which was
processed by that System and GRANTED March 12, 2020. He was awarded a
75% 911 accidental disability retirement by the System on March 12, 2020
by a favorable determination made by the System. However, while this
process was pending, Officer Stueber was forced to take his New York
State Service pension in March 2019, one month after he filed for his
Disability Retirement Application as the ability to stay on the Suffolk
County Sheriffs payroll during the time it took to prosecute his 9/11
World Trade Center Accidental Retirement Application was not possible.

On December 14, 2020, the New York State Retirement System sent a letter
notifying Mr. Stueber that he was ineligible for the 75% portion of WTC
Accidental Disability retirement benefit due to changes in the Law under
the provisions of Section 605(d)(4) of the Retirement and Social Securi-
ty Law, which took effect September 11, 2019. Clearly, this was not the
Legislative intent to shrink the class of eligible participants as the
Legislative notes that coincide with the bill clearly state that the
Legislative intent is to expand the class to some 600 plus people who
could become seriously medically effected by the events of the 9/11
disaster.

This legislation seeks to ensure Officer Stueber receives his 75% 9/11
accidental disability retirement, as was the original intent of the law.

 
LEGISLATIVE HISTORY:

2022 S.6539A.

 
FISCAL IMPLICATIONS:

See Section 3 of the bill

 
EFFECTIVE DATE:
Immediately.

2023-S5208A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5208--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  relating  to  disability retirement benefits for deputy sheriff
   Richard Stueber, a participant in World Trade Center rescue, recovery,
   and cleanup operations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding  any  other  law to the contrary, Richard
 Stueber, a deputy sheriff employed by Suffolk County  who  retired  from
 such  service  on March 1, 2019, and who participated in the World Trade
 Center rescue, recovery and cleanup operations as a member  of  the  New
 York City police department, shall be entitled to a 75% accidental disa-
 bility  retirement   benefit pursuant to paragraph 4 of subdivision d of
 section 605 of the retirement and social security  law  based  upon  the
 determination  by  the  New  York  state and local employees' retirement
 system on March 12, 2020 that Richard Stueber was permanently  incapaci-
 tated    for  the  performance  of his duties as a result of his partic-
 ipation in the World Trade Center rescue,  recovery,  or  cleanup  oper-
 ations. Such benefit shall be payable from the date of his retirement.
   § 2. All costs associated with implementing this act shall be borne by
 the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow Richard Stueber, a service retiree of the New
 York State and Local EmployeesÆ Retirement System who previously  worked
 for  Suffolk  County, to be entitled to an accidental disability retire-
 ment benefit equal to 75% of final average salary, payable  pursuant  to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06751-03-4

 S. 5208--A                          2
 
 Section 605(d)(4) of the Retirement and Social Security Law, as a result
 of  their  participation  in the World Trade Center rescue, recovery and
 cleanup operations. The retirement benefit would  be  recalculated,  and
 payment would be made retroactive to the date of retirement.
   If  this  bill  is  enacted during the 2024 Legislative Session, there
 will be an immediate past service cost of approximately  $262,000  which
 will be borne by the State of New York as a one-time payment. This esti-
 mate assumes that payment will be made on March 1, 2025.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 judgment of an attorney.
   This estimate, dated March 8, 2024, and intended for use  only  during
 the  2024  Legislative Session, is Fiscal Note No. 2024-115, prepared by
 the Actuary for the New York State and Local Retirement System.

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