Relates to performance of duty disability retirement of certain peace officers and police officers in the state department of taxation and finance

BILL NUMBER:A6005A

Title of bill

An act to amend the retirement and social security law, in relation to the performance of duty disability retirement of certain peace officers and police officers in the state department of taxation and finance

Purpose

Creates a new 75% performance of duty disability retirement plan for peace officers and police officers in the Department of Taxa- tion and Finance, who are injured during the course of their duties and can no longer work. The bill also creates a presumption that the devel- opment of various blood-borne diseases occurred in the line of duty, if there was an exposure to blood as the result of an injury sustained during the course of their duties. Finally, the bill creates a presump- tion that any diseases of the heart were incurred in the performance and discharge of duty if such employee passed a physical exam upon entry into service and unless the contrary be proved by competent evidence.

Summary of provisions

Section 1 creates a 75% performance of duty disability retirement benefit for Tier 1 and Tier 2 members. Section 2 of the bill creates a performance of duty disability retirement for Tier 3 members and Section 4 of the bill creates this benefit for Tier 4 members.

Justification

The Department of Taxation and Finance is responsible for enforcing criminal laws that relate to taxes including taxes on cigarettes and tobacco products, alcoholic beverages, gasoline and sales and use taxes. The Department employs law enforcement professionals who are authorized under the Criminal Procedure Law to exercise the powers of police officers and peace officers in enforcing these tax laws. Their duties include criminal investigations, serving warrants, and making arrests. These duties expose them to the same risks as other law enforcement officers and they must maintain similar levels of physical fitness to perform their duties. They should therefore be granted the same type of pension plan as that offered to other law enforcement professionals.

Legislative history

2009: 5.850 - Referred to Civil Service / A.6005 - Referred to Governmental Employees 2008: S.6926 - Passed Senate/A.9896 - Reported to Rules 2007: S.2175/A.4379 - Veto #24 2006: 5.7433 - 3rd Reading Calendar/A.10800 - Passed Assembly 2005: S.4391/A.7350 - Veto #74

Fiscal implications

It is anticipated that there will be an increase of approximately $66,000 in the annual contributions of the State of New York for the fiscal year ending March 31, 2011. In addition to the annu- al contributions, it is estimated that there will be a past service cost of approximately $190,000 which would be borne by the State of New York as a one-time payment.

Effective date

This act shall take effect immediately provided that the amendments to articles 14 and 15 of the retirement and social secu-

rity law made by sections two and three of this act shall expire on the same date as such articles expire pursuant to section 615 of such law.