Relates to including assistant wardens as eligible members for performance of duty disability retirement benefits

Title of bill

An act to amend the retirement and social security law, in relation to including assistant wardens as eligible members for performance of duty disability retirement benefits

Purpose

This bill grants county assistant wardens eligibility for performance of duty disability benefits under the New York State and local employees' retirement system.

Summary of provisions

Section one amends subdivisions a, b, and paragraph 2 of subdivision d of chapter 63-b of the retirement and social security law, regarding performance of duty disability retirement, to include assistant wardens within the category of correction officers applicable for disability retirement benefits.

Section two amends subdivisions a and f of section 607-c of the retirement and social security law, regarding performance of duty of disability benefit, to include assistant wardens within the category of correction officers applicable for disability retirement benefits.

Section three establishes the effective date.

Justification

Currently, the New York State Disability and Retirement Law provides disability retirement for sheriffs, deputy sheriffs, undersheriffs, and correction officers who become incapacitated in the performance of their duties. Unfortunately, these provisions do not include assistant wardens, many of which begin their careers as correction officers. As a result, these individuals that have excelled to administrative positions are unable to claim these benefits even when there is documented history of job-related injuries which stem back to their initial employment as correction officers. By not extending this benefit to assistant wardens, the current law indirectly disincentives correction officers from seeking advancement within their field. This bill will correct this injustice by extending disability retirement to assistant wardens.

Legislative history

New bill

Fiscal implications

This bill will grant coverage under a 75% of pay performance of duty disability benefit for assistant wardens whose employers already have elected to provide this benefit for their sheriff, undersheriff, deputy sheriffs and correction officers. If this bill is enacted, the increase in the annual contributions of such affected counties will depend on the current salary and plan coverage of the affected members in its employ. For the fiscal year ending March 31, 2017, the additional annual cost for members in tiers 3, 4 and 5, and tier 6 will be 2.1% and 1.9% of the affected wardens' salaries, respectively. In future years, this annual cost will vary as the billing rates of these plans change. There would also be a one-time past service cost of 12.9% of the affected wardens' annual salaries. This cost would be shared by the State of New York and the participating employers in the New York State and Local Employees' Retirement System.

Effective date

This act shall take effect immediately.