STATE OF NEW YORK
________________________________________________________________________
6241--B
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
___________
Introduced by M. of A. ABBATE, COLTON, JAFFEE, GRIFFIN, DenDEKKER --
read once and referred to the Committee on Governmental Employees --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- 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
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-g to read as follows:
3 § 63-g. 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 contracts
7 any condition of impairment of health caused by diseases of the lung,
8 resulting in disability or death to such correction officer, correction
9 supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor,
10 presently employed, and who shall have sustained such disability while
11 so employed, shall be presumptive evidence that such disability was
12 incurred in the performance and discharge of duty and the natural and
13 proximate result of an accident, unless the contrary be proved by compe-
14 tent evidence; provided, however, that prior to entry into service, such
15 correction officer, correction supervisor, deputy sheriff patrol or
16 deputy sheriff patrol supervisor successfully passed a physical examina-
17 tion which failed to disclose evidence of any disease or other impair-
18 ment of the lung.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09482-08-0
A. 6241--B 2
1 § 2. The retirement and social security law is amended by adding a new
2 section 605-f to read as follows:
3 § 605-f. Disability benefits; certain disabilities. Notwithstanding
4 any provision of this chapter or of any general, special or local law to
5 the contrary, any member who is a correction officer, correction super-
6 visor, deputy sheriff patrol or deputy sheriff patrol supervisor who
7 contracts any condition of impairment of health caused by diseases of
8 the lung, resulting in disability or death to such correction officer,
9 correction supervisor, deputy sheriff patrol or deputy sheriff patrol
10 supervisor, presently employed, and who shall have sustained such disa-
11 bility while so employed, shall be presumptive evidence that such disa-
12 bility was incurred in the performance and discharge of duty and the
13 natural and proximate result of an accident, unless the contrary be
14 proved by competent evidence; provided, however, that prior to entry
15 into service, such correction officer, correction supervisor, deputy
16 sheriff patrol or deputy sheriff patrol supervisor successfully passed a
17 physical examination which failed to disclose evidence of any disease or
18 other impairment of the lung.
19 § 3. Notwithstanding any other provision of law to the contrary, none
20 of the provisions of this act shall be subject to section 25 of the
21 retirement and social security law.
22 § 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 (ERS) 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 lung disease as the result of an accident, in the
performance of his or her duties, unless the contrary be proven by
competent evidence. For members in Tiers 1 and 2, the annual benefit
would be 3/4 of final average salary (FAS) less worker's 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 worker's 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.
If this bill is enacted, it would 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 benefit type other-
wise 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 ERS.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018 and 2019 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes, Rules and Regulations of the State of New
York: Audit and Control.
A. 6241--B 3
The Market Assets and GASB Disclosures are found in the March 31, 2019
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 March 10, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-75, prepared by
the Actuary for the New York State and Local Retirement System.