Relates to the disability benefits of correction members of the New York City employees' retirement system

Summary of provisions

Section one of this bill adds a new section 13-171 (c) of the New York City Administrative Code, to include disability pensioners who have retired pursuant to Section 506 and Section 507 of the Retirement and Social Security Law and who are under the early retirement age.

Section two of this bill adds subdivision (e) to Section 506 of the Retirement and Social Security Law. Subdivision (e) allows New York City correction members to be eligible for ordinary disability retirement benefits pursuant to section 13-167 of the New York City Administrative Code, as applicable to the retiring member. A member who retires under this Administrative Code provision shall receive the greater of one third of his or her final average salary ("FAS") or one-sixtieth of his or her FAS multiplied by the number of years of service.

Section three of this bill adds subdivision (j) to Section 507 of the Retirement and Social Security Law. Subdivision (j) allows New York correction members to be eligible for accidental disability retirement pursuant to section 13-168 of the New York City Administrative Code. This subdivision provides that a retiree shall receive a pension equal to 75 percent of his or her FAS subject to section 13-176 of the New York City Administrative Code.

Section four of this bill adds subdivision (i) to Section 510 of the Retirement and Social Security Law. Subdivision (i) provides that annual escalation shall not apply to the ordinary or accidental disability retirement benefits for those who retire pursuant to

Sections 506 and 507 of the Retirement and Social Security Law. Instead, their benefits shall be adjusted for cost-of-living pursuant to Section 13-696 of the New York City Administrative Code.

Section five of this bill amends Section 511(f) of the Retirement and Social Security Law to provide that this section shall not apply to New York City correction members who are subject to Article 14 of the Retirement and Social Security Law.

Section six of this bill adds subdivision (e) to Section 512 of the Retirement and Social Security Law. Subdivision (e) provides that New York City correction members FAS shall mean the salary earned during any three consecutive years which provide the highest average wage, exclusive of any termination pay or certain other payments, unless that the salary earned in any year is 10 percent more than the average of the previous two years prior to that, in which case that excess of 10 percent is excluded from the FAS computation. Authorized leaves of absence shall be excluded from the FAS computation as well.

Section seven of this bill provides that this act shall take effect on the sixtieth day after it shall become a law.

Current law

Currently, the accidental disability benefit for Correction Tier VI members is 50% of the member's FAS minus 50% of the primary social security benefits received by the member.

Justification

In 2009, Governor Paterson approved the Tier V benefit plan. New York City employees were not subjected to Tier V, leading newly hired New York City Police and Fire members to become members of the original Article 14 Tier III pension plan. Tier III provides very limited disability benefits, which are only 50% of the member's final average salary, which is reduced by 50% of the primary social security benefit received. Correction Tier IV members receive an accidental disability benefit equaling 75% of the member's final average salary with no reduction for primary social security benefits received by the member. When Tier VI was adopted on April 1st, 2012, newly hired correction members were placed into the same Tier III plan applicable to New York City Police and Fire members.

The type of accidental injuries sustained by correction members is well documented. Recent incidents include a correction officer attacked by an inmate and hit multiple times in the face causing multiple and severe fractures to his right top jaw, eye/orbit and cheek bone. These injuries required extensive surgeries (open reduction internal fixation) along with decompression of the right orbital nerve. The officer has suffered significant pain, post-traumatic stress disorder, anxiety and depression. In another incident, without provocation, an inmate punched a female officer in the face, causing her to go down and black out. The inmate continued to punch the officer in the face head, neck and back. Chemical agents were used by other officers to quell the situation; the assaulted officer was sent to the Emergency Room via ambulance. Her eye was swollen shut with chemical agents inside and never able to be washed out, resulting in permanent eye damage, vision damage Other crippling injuries to her neck, back, and shoulders were sustained resulting in permanent disability.

Ultimately if these officers were to receive an accidental disability pension due to their injuries, the amount of the pension would be approximately 44% less than a similarly situated member of Tier IV and, further reduced by an offset equaling 50% of any primary social security benefits that he may receive. This is wrong.

This bill would reverse the inequities inherent in Tier III as illustrated by the above examples.

Legislative history

New bill

Fiscal implications

See the bill.

Effective date

This act shall take effect on the sixtieth day after it shall have become law.