S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9628--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   providing accidental disability  retirement  for  deputy  sheriffs  in
   Orange county
 
   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 605-h to read as follows:
   § 605-H. ACCIDENTAL  DISABILITY  RETIREMENT  FOR  DEPUTY  SHERIFFS  IN
 ORANGE COUNTY. A. A MEMBER EMPLOYED AS A DEPUTY SHERIFF IN ORANGE COUNTY
 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,  UNLESS  THE  CONTRARY  BE
 PROVED  BY  COMPETENT  EVIDENCE, NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
 NEGLIGENCE, SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A MEMBER OF THE
 RETIREMENT SYSTEM; AND
   2. ACTUALLY IN SERVICE UPON WHICH SUCH MEMBER'S 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 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 IN WHICH SUCH MEMBER IS EMPLOYED; OR
   3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C. 1. 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  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15704-02-4
 S. 9628--A                          2
 
 MEMBER'S  BEHALF  SHALL  HAVE  FILED WRITTEN NOTICE IN THE OFFICE OF THE
 COMPTROLLER WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   (A) THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED; AND
   (B) THE PARTICULARS THEREOF; AND
   (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   (D) SUCH MEMBER'S ALLEGED INCAPACITY.
   2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   (A)  IF  THE 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 IN ORANGE COUNTY SHALL HAVE ITS EMPLOYEES
 LOCATED  OR  PERFORMING  FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF
 THEIR EMPLOYMENT; OR
   (B) IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT  IS  FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT; OR
   (C)  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. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON ACCIDENTAL  DISABILITY
 RETIREMENT  SHALL  BE A PENSION OF THREE-QUARTERS OF SUCH MEMBER'S FINAL
 AVERAGE SALARY. THE PAYMENT OF SUCH PENSION  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
   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, SUCH MEMBER MAY
 SIMULTANEOUSLY 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.
   G. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THIS  SECTION  SHALL
 APPLY  TO  DEPUTY  SHERIFFS  IN ORANGE COUNTY WHO WERE HIRED ON OR AFTER
 JULY TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX.
   § 2. All costs associated with implementing the provisions of this act
 shall be borne by Orange county.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would establish an improved  accidental  disability  benefit
 for  eligible members of the New York State and Local Employees' Retire-
 ment System in Tiers 3 through 6 who are employed by  Orange  County  as
 deputy sheriffs. The improved disability benefit would be three-quarters
 of final average salary less workers' compensation. The current disabil-
 ity  benefit is two-thirds of final average salary less workers' compen-
 sation.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase of  approximately  $21,000  in  the
 annual  contributions  of Orange County for the fiscal year ending March
 31, 2025. In future years this cost will vary but is expected to average
 0.2% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $108,000 which  will  be
 borne  by  Orange  county  as a one-time payment.  This estimate assumes
 that payment will be made on February 1, 2025.
 S. 9628--A                          3
 
   These estimated costs are based on 86  affected  members  employed  by
 Orange  county,  with annual salary of approximately $10.5 million as of
 March 31, 2023.
   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 May 22, 2024, and intended for  use  only  during
 the  2024  Legislative Session, is Fiscal Note No. 2024-191, prepared by
 the Actuary for the New York State and Local Retirement System.