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A7923Assembly2019-2020 SessionSame asS6060

Expand Death Benefits Coverage

Official title

“Relates to death benefits for certain members of the state retirement system employed by Nassau, Suffolk or Westchester county”

Sponsor Peter AbbateAD-49Affects Finance
Status
In Assembly Committee
Governmental Employees
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Employees

What's happening

This bill allows certain correctional and law enforcement employees in Nassau, Suffolk, and Westchester counties to have enhanced death benefits for their beneficiaries.

Why it matters

  1. Provides a significant financial safety net. The bill allows the families of eligible correctional and law enforcement employees to receive a lump-sum payment equal to the pension reserve or the highest available death benefit, whichever is greater, if the employee dies while eligible for retirement. This could result in a much larger benefit than standard death benefits, offering increased financial security for survivors.

  2. Targets employees with high-risk jobs. Correction officers, sheriffs, and related personnel often face dangerous work environments. By enhancing death benefits specifically for these employees, the legislation recognizes the unique risks inherent in their roles and aims to better support their families in case of a tragedy.

  3. Creates a new financial obligation for counties. Nassau, Suffolk, and Westchester counties will be responsible for both increased annual contributions and a substantial one-time past service cost (about $8.94 million total, split evenly). This could impact county budgets or negotiations with employee unions, making local fiscal management and planning more complex.

  4. Could affect recruitment and retention. Enhanced benefits may make these law enforcement and correctional positions more attractive by providing a stronger safety net for employees’ families, potentially aiding in recruitment and retention in a field where staffing challenges are common.

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Who cares

  • Beneficiaries of eligible county employees

    They could elect a lump sum equal to the greater of the employee’s pension reserve at death or the existing death benefit plus any reserve for increased take-home pay.

  • Covered correction officers, sheriffs and wardens in Nassau, Suffolk and Westchester

    The bill would extend this death-benefit option to their beneficiaries if they die eligible for service retirement on or after the effective date.

  • Nassau, Suffolk and Westchester county governments

    Each county would pay one-third of the bill’s past service costs, with the fiscal note also projecting increased annual retirement contributions.

  • New York State and Local Employees’ Retirement System

    The system would administer the new benefit election for covered retirement-eligible members in tiers 3 through 6.

Headline styles

Expand Death Benefits Coverage

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Peter Abbate

Assembly Member · Assembly District 49

No co-sponsors yet.

History

  1. Referred to governmental employees
  2. Referred to governmental employees

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S6060Senate

Expand Death Benefits Coverage

In Senate Committee · Civil Service And Pensions · Sponsor Andrew Gounardes

Impact 5 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7923

2019-2020 Regular Sessions

IN ASSEMBLY

May 28, 2019

Introduced by 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 death benefits for certain members employed by Nassau, Suffolk or Westchester county

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The retirement and social security law is amended by adding a new section 508-b to read as follows:

§ 508-b. Death benefits for certain members employed by Nassau county, Suffolk county or Westchester county. 1. As used in this section, the following terms shall have the following meanings:

(a) "Nassau county employee" shall mean a correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, as defined in section eighty-nine-g of this chapter.

(b) "Suffolk county employee" shall mean any warden, deputy warden, correction captain, correction lieutenant, correction lieutenant investigator, correction sergeant, correction sergeant investigator, correction investigator, correction officer, sheriff, undersheriff or deputy sheriff who is employed by Suffolk county.

(c) "Westchester county employee" shall mean a sheriff, deputy sheriff, undersheriff, correction officer, correction officer-sergeant, correction officer-captain, assistant warden, associate warden or warden who is employed by Westchester county and in a plan that allows for immediate retirement upon the completion of a specified period of service without regard to age.

2. Notwithstanding any provision of law to the contrary, where a Nassau county employee, Suffolk county employee or Westchester county employee would have been entitled to a service retirement benefit at the time of his or her death and where his or her death occurs on or after the effective date of this section, the beneficiary or beneficiaries may

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11413-03-9

A. 7923 2

elect to receive, in a lump sum, an amount payable which shall be equal to the pension reserve that would have been established had the member retired on the date of his or her death, or the value of the death benefit and the reserve-for-increased-take-home-pay, if any, whichever is greater.

§ 2. The retirement and social security law is amended by adding a new section 606-b to read as follows:

§ 606-b. Death benefits for certain members employed by Nassau county, Suffolk county or Westchester county. 1. As used in this section, the following terms shall have the following meanings:

(a) "Nassau county employee" shall mean a correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, as defined in section eighty-nine-g of this chapter.

(b) "Suffolk county employee" shall mean any warden, deputy warden, correction captain, correction lieutenant, correction lieutenant investigator, correction sergeant, correction sergeant investigator, correction investigator, correction officer, sheriff, undersheriff or deputy sheriff who is employed by Suffolk county.

(c) "Westchester county employee" shall mean a sheriff, deputy sheriff, undersheriff, correction officer, correction officer-sergeant, correction officer-captain, assistant warden, associate warden or warden who is employed by Westchester county and in a plan that allows for immediate retirement upon the completion of a specified period of service without regard to age.

2. Notwithstanding any provision of law to the contrary, where a Nassau county employee, Suffolk county employee or Westchester county employee would have been entitled to a service retirement benefit at the time of his or her death and where his or her death occurs on or after the effective date of this section, the beneficiary or beneficiaries may elect to receive, in a lump sum, an amount payable which shall be equal to the pension reserve that would have been established had the member retired on the date of his or her death, or the value of the death benefit and the reserve-for-increased-take-home-pay, if any, whichever is greater.

§ 3. Notwithstanding any other provision of law to the contrary, none of the provisions of this act shall be subject to the appropriation requirement of section 25 of the retirement and social security law.

§ 4. All past service costs associated with this act shall be paid by the counties of Nassau, Suffolk and Westchester. Each such county shall be responsible for one-third of such costs.

§ 5. This act shall take effect immediately.

FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

This bill would modify the in-service death benefit for retirement

eligible tiers 3 through 6 members of the New York State and Local

Employees' Retirement System who are employed by Nassau, Suffolk or

Westchester counties and are in certain correction officer, deputy sher-

iff and warden job titles. The in-service death benefit will be the

value of the pension reserve as if the member had retired on their date

of death.

If this legislation is enacted during the 2019 legislative session, we

anticipate that there will be an increase in the annual contributions of

the counties of Nassau, Suffolk and Westchester of approximately

$110,000, $160,000 and $93,000, respectively.

In addition to the annual contributions discussed above, there will be

an immediate past service cost of approximately $8.94 million, of which

A. 7923 3

$2.98 million is to be borne by each of the counties of Nassau, Suffolk

and Westchester as a one-time payment.

These estimated costs are based on 940, 1,234 and 879 affected members

employed by the counties of Nassau, Suffolk and Westchester, respective-

ly, with salaries of approximately $106 million, $154 million and $88

million, respectively.

Summary of relevant resources:

The membership data used in measuring the impact of the proposed

change was the same as that used in the March 31, 2018 actuarial valu-

ation. Distributions and other statistics can be found in the 2018

Report of the Actuary and the 2018 Comprehensive Annual Financial

Report.

The actuarial assumptions and methods used are described in the 2015,

2016, 2017 and 2018 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, 2018

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 16, 2019, and intended for use only during

the 2019 Legislative Session, is Fiscal Note No. 2019-2, prepared by the

Actuary for the New York State and Local Retirement System.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.