Bill Text: NY A06242 | 2019-2020 | General Assembly | Introduced

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

---

Bill Title: Relates to establishing disability retirement benefits for correction officers, correction supervisors, deputy sheriff patrols and deputy sheriff patrol supervisors who suffer any condition or impairment of health caused by methicillin resistant staphylococcus aureus (MRSA) or Staph/MRSA; provides that such disability benefits shall be three-quarters of a member's final average salary.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A06242 Detail]

Download: New_York-2019-A06242-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6242
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 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
          establishing disability retirement benefits for  correction  officers,
          correction  supervisors,  deputy  sheriff  patrols  and deputy sheriff
          patrol supervisors who suffer any condition or  impairment  of  health
          caused  by  methicillin  resistant  staphylococcus  aureus  (MRSA)  or
          Staph/MRSA
          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 605-f to read as follows:
     3    §  605-f.  Disability  retirement  for correction officers, correction
     4  supervisors, deputy sheriff patrols and deputy sheriff  patrol  supervi-
     5  sors.  a. A member employed as a correction officer, correction supervi-
     6  sor, deputy sheriff patrol or deputy sheriff patrol supervisor shall  be
     7  entitled  to a disability retirement allowance, if, at the time applica-
     8  tion therefor is filed, such  member  is  physically  incapacitated  for
     9  performance  of duty as a result of methicillin resistant staphylococcus
    10  aureus (MRSA) or Staph/MRSA while so employed and as a result of his  or
    11  her employment.
    12    b.  Notwithstanding  any  provision of this chapter or of any general,
    13  special or local law to the contrary, any correction officer, correction
    14  supervisor, deputy sheriff patrol or deputy  sheriff  patrol  supervisor
    15  who is diagnosed with methicillin resistant staphylococcus aureus (MRSA)
    16  or  Staph/MRSA,  resulting  in  disability  to  such  member,  presently
    17  employed,  and  who  shall  have  sustained  such  disability  while  so
    18  employed,  shall  have  such diagnosis be presumptive evidence that such
    19  disability was incurred in the performance and discharge of duty, unless
    20  the contrary be proven by competent evidence;  provided,  however,  that
    21  prior  to entry into service, such correction officer, correction super-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09484-02-9
        A. 6242                             2
     1  visor,  deputy  sheriff  patrol  or  deputy  sheriff  patrol  supervisor
     2  successfully  passed  a  physical  examination  which failed to disclose
     3  evidence of any methicillin resistant staphylococcus  aureus  (MRSA)  or
     4  Staph/MRSA.
     5    c.  The  annual  retirement allowance payable shall be equal to three-
     6  quarters of his or her final average salary.
     7    § 2. 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 a performance of duty disability benefit of 75%
        of final average salary if he or she is  disabled  due  to  job  related
        contraction  of  methicillin  resistant  staphylococcus aureus (MRSA) or
        Staph/MRSA. There will be no reduction for any benefits  received  under
        Worker's Compensation.
          If  this  bill  is  enacted,  it would lead to more disabilities being
        classified as "in performance of duty". The cost of the revised  benefit
        will depend upon the applicant's age, service, salary, plan, and benefit
        type otherwise payable.
        Benefit without               Ordinary     In Performance
          enactment:        None     Disability   of Duty Disability   Service
        Cost for revised  9.5 times   5.5 times        3 times        2.5 times
           benefit:        salary      salary          salary           salary
          The  number  of  members  and  retirees  who could be affected by this
        legislation cannot be readily determined. Pursuant to Section 25 of  the
        Retirement  and Social Security Law, those costs arising in ERS would be
        borne solely by the State of New York.
          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 February 7,  2019,  and  intended  for  use  only
        during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-63,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.