Relates to disability retirement applications made by or on behalf of certain deputy sheriffs

Summary of specific provisions

Section 1: Amends subdivision aa of section 555 of the retirement and social security law to provide that an application for disability retirement shall not be disapproved on the basis of a deputy sheriff having failed to engage directly in criminal law enforcement activities that aggregate fifty percent of a deputy sheriff's service during a period preceding the filing of the application, provided the failure to do so was the result of the disability alleged in the application and further provided the deputy sheriff was certified as so engaged in criminal law enforcement activities by the county sheriff for the calendar year preceding the onset of the disability.

Section 2: Amends subdivision a of section 556 of the retirement and social security law to provide that an application for disability retirement shall not be disapproved on the basis of a deputy sheriff having failed to engage directly in criminal law enforcement activities that aggregate fifty percent of a deputy sheriff's service during a period preceding the filing of the application provided the failure to do so was the result of the disability alleged in the application and further provided the deputy sheriff was certified as so engaged in criminal law enforcement activities by the county sheriff for the calendar year preceding the onset of the disability.

Section 3: Amends subdivision b of section 558 of the retirement and social security law to provide that an application for disability retirement shall not be disapproved on the basis of a deputy sheriff having failed to engage directly in criminal law enforcement activities that aggregate fifty percent of a deputy sheriff's service during a period preceding the filing of the application provided the failure to do so was the result of the disability alleged in the application and further provided the deputy sheriff was certified as so engaged in criminal law enforcement activities by the county sheriff for the calendar year preceding the onset of the disability.

Section 4: Effective date.

Justification

Deputy Sheriff's injured in the line of duty performing law enforcement activities should not be penalized in their pension because they did not immediately file for permanent retirement. This legislation was initiated because a Deputy Sheriff was injured in the

line of duty. She was out of work on 207-C disability for a period of approximately two years (as a result of that injury). Thereafter, her employer filed for her retirement. The Comptroller was forced to deny the enhanced retirement benefits typically available to law enforcement from on the job injuries because the Deputy was not actively working in law enforcement the year the disability retirement was applied for (because she was recuperating from her injury, but ultimately was unable to recuperate enough to engage again in law enforcement work).

The fact that a Deputy continues to try and recover, and that attempted recovery takes more than a year, before ultimately the Deputy or his/her employer seek to officially retire the Deputy, should not cause a substantially lower pension benefit (1/3) than the Deputy would have received (1/2 or 3/4) had the Deputy immediately filed for a disability retirement.

Prior legislative history

New Bill.

Fiscal implications

According to the New York State Comptroller, if this bill is enacted, the number of affected members cannot be readily determined. The cost would depend on the number of affected cases, as well as the type of disability granted, the age, service, salary, plan and tier of the affected members. These costs would be borne by the State of New York and all participating employers in the New York State and Local Employees' Retirement System.

Effective date

This act shall take effect immediately and shall apply to all applications filed pursuant to section 555, 556 or 558 of the retirement and social security law on and after July 1, 2009