Bill Text: NY A05205 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5205

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 6, 2023
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees

        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-i to read as follows:
     3    § 63-i. 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
    18  physical examination which failed to disclose evidence of any disease or
    19  other impairment of the lung.
    20    § 2. The retirement and social security law is amended by adding a new
    21  section 605-g to read as follows:
    22    § 605-g. Disability benefits;  certain  disabilities.  Notwithstanding
    23  any provision of this chapter or of any general, special or local law to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08362-03-3
        A. 5205                             2

     1  the  contrary, any member who is a correction officer, correction super-
     2  visor, deputy sheriff patrol or deputy sheriff patrol supervisor who  is
     3  a  member  of  the New York state and local employees' retirement system
     4  and  contracts  any condition of impairment of health caused by diseases
     5  of the lung, resulting in disability or death to such  correction  offi-
     6  cer,  correction  supervisor,  deputy  sheriff  patrol or deputy sheriff
     7  patrol supervisor, presently employed, and who shall have sustained such
     8  disability while so employed, shall be presumptive  evidence  that  such
     9  disability was incurred in the performance and discharge of duty and the
    10  natural  and  proximate  result  of  an accident, unless the contrary be
    11  proved by competent evidence; provided, however,  that  prior  to  entry
    12  into  service,  such  correction  officer, correction supervisor, deputy
    13  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
    14  physical examination which failed to disclose evidence of any disease or
    15  other impairment of the lung.
    16    § 3. Notwithstanding any other provision of law to the contrary,  none
    17  of  the  provisions  of  this  act shall be subject to section 25 of the
    18  retirement and social security law.
    19    § 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 2023 legislative session, it would lead to more disa-
        bilities being classified as "accidental". The cost of the revised bene-
        fit will depend upon the applicant's age, service, salary, plan, and any
        benefit type otherwise payable.
          However, we  anticipate  that  few  additional  accidental  disability
        retirements  will be granted, and thus, the resulting costs are expected
        to be negligible.
          All costs arising from this bill would be shared by the State  of  New
        York and all of the participating employers in the NYSLERS.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, 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, 2022
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
        A. 5205                             3

          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  February  27,  2023, and intended for use only
        during the  2023  Legislative  Session,  is  Fiscal  Note  No.  2023-77,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.