Bill Text: NY A05205 | 2023-2024 | General Assembly | Amended
Bill Title: Provides a lung disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed) 2024-03-26 - reported referred to ways and means [A05205 Detail]
Download: New_York-2023-A05205-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5205--B 2023-2024 Regular Sessions IN ASSEMBLY March 6, 2023 ___________ Introduced by M. of A. PHEFFER AMATO, COLTON, SANTABARBARA, GUNTHER -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the retirement and social security law, in relation to providing a lung disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The retirement and social security law is amended by adding 2 a new section 63-j to read as follows: 3 § 63-j. Disability benefits; certain disabilities. Notwithstanding any 4 provision of this chapter or of any general, special or local law to the 5 contrary, any member who is a correction officer, correction supervisor, 6 deputy sheriff patrol or deputy sheriff patrol supervisor who is a 7 member of the New York state and local employees' retirement system and 8 contracts any condition of impairment of health caused by diseases of 9 the lung, resulting in disability or death to such correction officer, 10 correction supervisor, deputy sheriff patrol or deputy sheriff patrol 11 supervisor, presently employed, and who shall have sustained such disa- 12 bility while so employed, shall be presumptive evidence that such disa- 13 bility was incurred in the performance and discharge of duty and the 14 natural and proximate result of an accident, unless the contrary be 15 proved by competent evidence; provided, however, that prior to entry 16 into service, such correction officer, correction supervisor, deputy 17 sheriff patrol or deputy sheriff patrol supervisor successfully passed a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08362-08-4A. 5205--B 2 1 physical examination which failed to disclose evidence of any disease or 2 other impairment of the lung. 3 § 2. The retirement and social security law is amended by adding a new 4 section 605-h to read as follows: 5 § 605-h. Disability benefits; certain disabilities. Notwithstanding 6 any provision of this chapter or of any general, special or local law to 7 the contrary, any member who is a correction officer, correction super- 8 visor, deputy sheriff patrol or deputy sheriff patrol supervisor who is 9 a member of the New York state and local employees' retirement system 10 and contracts any condition of impairment of health caused by diseases 11 of the lung, resulting in disability or death to such correction offi- 12 cer, correction supervisor, deputy sheriff patrol or deputy sheriff 13 patrol supervisor, presently employed, and who shall have sustained such 14 disability while so employed, shall be presumptive evidence that such 15 disability was incurred in the performance and discharge of duty and the 16 natural and proximate result of an accident, unless the contrary be 17 proved by competent evidence; provided, however, that prior to entry 18 into service, such correction officer, correction supervisor, deputy 19 sheriff patrol or deputy sheriff patrol supervisor successfully passed a 20 physical examination which failed to disclose evidence of any disease or 21 other impairment of the lung. 22 § 3. Notwithstanding any other provision of law to the contrary, none 23 of the provisions of this act shall be subject to section 25 of the 24 retirement and social security law. 25 § 4. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would allow certain members of the New York State and Local Employees' Retirement System (NYSLERS) employed as correction officers, correction supervisors, deputy sheriff patrol, or deputy sheriff patrol supervisors to receive an accidental disability benefit if the member is impaired due to a condition of the lung as a result of an accident, in the performance of their duties, unless the contrary be proven by compe- tent evidence. For members in Tiers 1 and 2, the annual benefit would be 3/4 of final average salary (FAS) less Workers' Compensation. For members in Tiers 3-6 who are covered under the provisions of Article 14-B of the Retirement and Social Security Law (RSSL), the annual bene- fit would be 2/3 of FAS less Workers' Compensation. For all other affected members in Tiers 3-6, the annual benefit would be 1/3 of FAS. The provisions of Section 25 of the RSSL will not apply. Insofar as this bill affects the NYSLERS, if this legislation is enacted during the 2024 Legislative Session, it would likely lead to more disabilities being classified as "accidental." The cost of the revised benefit will depend upon the applicant's age, service, salary, plan, and any benefit type otherwise payable but would average: Benefit prior Ordinary Performance Service to enactment: None Disability of Duty Retirement NYSLERS cost for 10 times 5.5 times 3 times 2 times proposed benefit: salary salary salary salary Further, we anticipate that there could be some administrative costs to implement the provisions of this legislation. All costs arising from this bill would be shared by the State of New York and all the participating employers in the NYSLERS. Summary of relevant resources:A. 5205--B 3 Membership data as of March 31, 2023 was used in measuring the impact of the proposed change, the same data used in the April 1, 2023 actuari- al valuation. Distributions and other statistics can be found in the 2023 Report of the Actuary and the 2023 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2023 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, 2023 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 January 31, 2024, and intended for use only during the 2024 Legislative Session, is Fiscal Note No. 2024-31, prepared by the Actuary for the New York State and Local Retirement System.
