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A05714 Summary:

BILL NOA05714
 
SAME ASNo Same As
 
SPONSORPheffer Amato
 
COSPNSRSantabarbara
 
MLTSPNSR
 
Amd §556, R & SS L
 
Relates to accidental disability retirement for deputy sheriffs; provides that deputy sheriffs shall receive a pension of three-quarters of their final average salary.
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A05714 Actions:

BILL NOA05714
 
03/22/2023referred to governmental employees
05/09/2023reported referred to ways and means
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A05714 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5714
 
SPONSOR: Pheffer Amato
  TITLE OF BILL: An act to amend the retirement and social security law, in relation to accidental disability retirement for deputy sheriffs   PURPOSE OR GENERAL IDEA OF BILL: To provide an optional accidental disability retirement benefit of 75% of final average salary for deputy sheriffs.   SUMMARY OF PROVISIONS: Section one of this bill amends paragraph 3 of subdivision e of section 556 of the retirement and social security law to provide the option for a 75% accidental retirement benefit for deputy sheriffs if their employ- er has elected to provide such benefit to deputy sheriffs. Section two of this bill provides that the act shall take effect imme- diately.   JUSTIFICATION: Currently, a deputy sheriff is entitled to an accidental disability retirement of two-thirds of his or her final average salary. Most other police officers and paid firefighters throughout NYS are entitled to an accidental disability retirement of three-quarters. Deputy Sheriffs are classified as police officers pursuant to the section 1.20 of the Crimi- nal Procedure Law. Deputies attend that same police academies and perform the same dangerous work as their fellow police officers. This bill is needed to provide parity with majority of police and paid fire- fighters throughout New' York State.   PRIOR LEGISLATIVE HISTORY: 2022: A.9666(Abbate)/S.8559(Gounardes)- Vetoed memo.135 2021: A.4392(Abbate)IS.6092(Gounardes)- Vetoed memo.70 2020: A.5020(Abbate)/S.3964(Gounardes)- referred to Governmental Employ- ees 2019: A.5020(Abbate)/S.3964(Gounardes)- reported referred to Ways and Means 2018: A.10415 (Abbate) / S.8066 (Golden) - Vetoed memo.366   FISCAL IMPLICATIONS: See Fiscal Note.   EFFECTIVE DATE: This act shall take effect immediately.
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A05714 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5714
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 22, 2023
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- 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 deputy sheriffs
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 3 of subdivision e of section 556 of the  retire-
     2  ment  and  social  security  law, as added by chapter 165 of the laws of
     3  1995, is amended to read as follows:
     4    3. A pension of  two-thirds  of  his  or  her  final  average  salary;
     5  provided,  however,  a  deputy sheriff shall receive a pension of three-
     6  quarters of his or her final average salary if such  deputy  sheriff  is
     7  employed  by  an  employer  that  has elected to provide such benefit to
     8  deputy sheriffs. The payment of such pension shall  be  subject  to  the
     9  provisions of section [three hundred] sixty-four of this chapter.
    10    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow county employers to elect to provide improved
        accidental  disability  pensions  to  deputy  sheriffs  covered  by  the
        provisions  of  Article  14-B of the Retirement and Social Security Law.
        The improved disability benefit would be three-quarters of final average
        salary less workers' compensation. The  current  disability  benefit  is
        two-thirds of final average salary less workers' compensation.
          If this bill is enacted during the 2023 legislative session, we antic-
        ipate  that there will be an increase in the annual contributions of any
        electing county of 0.2% of affected  deputy  sheriffs'  salary  for  the
        fiscal  year ending March 31, 2024. In future years, this cost will vary
        as the billing rates and salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately 1.0% of affected  deputy
        sheriffs'  salary,  which will be borne by any electing county as a one-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08482-02-3

        A. 5714                             2
 
        time payment. This estimate assumes that payment will be made on  Febru-
        ary 1, 2024.
          These  estimated  costs are based on 2,793 deputy sheriffs with annual
        salary of approximately $256.7 million as of March 31, 2022.
          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 March 3, 2023, and intended for use only during
        the 2023 Legislative Session, is Fiscal Note No.  2023-92,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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