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A10422 Summary:

BILL NOA10422
 
SAME ASSAME AS S09368
 
SPONSORRules (Abbate)
 
COSPNSRGriffin, Pheffer Amato
 
MLTSPNSR
 
Amd §556, R & SS L
 
Relates to establishing an accidental disability retirement pension for deputy sheriffs employed by Nassau county; provides that a deputy sheriff employed by Nassau county shall receive a pension of three-quarters of his or her final average salary.
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A10422 Actions:

BILL NOA10422
 
05/17/2022referred to governmental employees
05/25/2022reported referred to ways and means
06/02/2022reported referred to rules
06/03/2022reported
06/03/2022rules report cal.755
06/03/2022ordered to third reading rules cal.755
06/03/2022home rule request
06/03/2022passed assembly
06/03/2022delivered to senate
06/03/2022REFERRED TO RULES
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A10422 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10422
 
SPONSOR: Rules (Abbate)
  TITLE OF BILL: An act to amend the retirement and social security law, in relation to establishing an accidental disability retirement pension for deputy sheriffs employed by Nassau County   PURPOSE OR GENERAL IDEA OF BILL: To provide the option for an accidental disability retirement benefit of 75% of final average salary for deputy sheriffs employed by Nassau Coun- ty.   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 3/4 accidental retirement benefit for deputy sheriffs employed by Nassau County. Section two of the bill provides that none of the provisions of this act shall.be subject to the appropriation requirement of section 25 of the retirement and social security law. Section three provides that all past service costs associated with implementing the provisions of this act shall be borne by the county of Nassau. Section four of this bill provides that the act shall take effect imme- diately. JUSTIFICATION: Currently, deputy sheriffs employed by Nassau County are entitled to an accidental disability retirement of two-thirds of their final average salary. Most other police officers and paid firefighters throughout New York State are entitled to an accidental disability retirement of three- quarters. Nassau County Deputy Sheriffs are classified as police offi- cers pursuant to the section 1.20 of the Criminal Procedure Law. Depu- ties attend the same police academies and perform the same dangerous work as their fellow police officers. This bill is needed to provide parity with the majority of police and paid firefighters throughout New York State.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: See Fiscal Note.   EFFECTIVE DATE: This act shall take effect immediately.
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A10422 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10422
 
                   IN ASSEMBLY
 
                                      May 17, 2022
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
          read once and referred to the Committee on Governmental Employees
 
        AN ACT to amend the retirement and social security law, in  relation  to
          establishing  an  accidental  disability retirement pension for deputy
          sheriffs employed by Nassau County
 
          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) A pension of two-thirds of his or her final average salary. The
     5  payment  of  such  pension shall be subject to the provisions of section
     6  three hundred sixty-four of this chapter.
     7    (b) Notwithstanding the provisions of subparagraph (a) of  this  para-
     8  graph,  a  deputy  sheriff  employed  by  Nassau  County shall receive a
     9  pension of three-quarters of  his  or  her  final  average  salary.  The
    10  payment  of  such  pension shall be subject to the provisions of section
    11  sixty-four of this chapter.
    12    § 2. Notwithstanding any provision of law to the contrary, none of the
    13  provisions of this act shall be subject to the appropriation requirement
    14  of section 25 of the retirement and social security law.
    15    §  3.  All  past  service  costs  associated  with  implementing   the
    16  provisions of this act shall be borne by the county of Nassau.
    17    § 4. This act shall take effect immediately.
 
        FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  provide  improved accidental disability pensions to
        deputy sheriffs employed  by  Nassau  County  who  are  covered  by  the
        provisions  of  Article  14-B of the Retirement and Social Security Law.
        The benefit for an accidental  disability  would  be  three-quarters  of
        final average salary minus workers' compensation. The current benefit is
        two-thirds of final average salary minus workers' compensation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15080-03-2

        A. 10422                            2
 
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate  that  there  will  be  an increase in the annual contributions of
        Nassau County of approximately $10,000 for the fiscal year ending  March
        31,  2023. In future years, this cost will vary as the billing rates and
        salary of the affected deputy sheriffs change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service cost of approximately $58,800 which will be
        borne by Nassau County as a one-time payment.  This estimate is based on
        the assumption that payment will be made on February 1, 2023.
          These estimated costs are based on  57  deputy  sheriffs  employed  by
        Nassau  County  with  annual  salary of approximately $5.8 million as of
        March 31, 2021.
          Summary of relevant resources:
          Membership data as of March 31, 2021 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al  valuation.    Distributions and other statistics can be found in the
        2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        and 2021 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, 2021
        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 12, 2022, and intended for use only during
        the 2022 Legislative Session, is Fiscal Note No. 2022-115,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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