Bill Text: NY A06793 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to impairments of health, presumption and staph/MRSA.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-29 - reported referred to ways and means [A06793 Detail]
Download: New_York-2013-A06793-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6793--A 2013-2014 Regular Sessions I N A S S E M B L Y April 18, 2013 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Govern- mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the retirement and social security law, in relation to impairments of health, presumption and 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 363-ddd to read as follows: 3 S 363-DDD. IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA. NOTWITH- 4 STANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR 5 LOCAL LAW TO THE CONTRARY, ANY POLICE OFFICER OR FIREFIGHTER WHO IS 6 COVERED BY THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE OF THIS 7 TITLE AND WHO CONTRACTS METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS 8 (MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN 9 THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES AS THE NATURAL AND 10 PROXIMATE RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE PERFORMANCE 11 OF HIS OR HER DUTIES UNLESS THE CONTRARY BE PROVEN BY COMPETENT 12 EVIDENCE. 13 S 2. This act shall take effect immediately. FISCAL NOTE.-- This bill will affect certain members of the New York State and Local Police and Fire Retirement System by presuming that contracting MRSA or Staph/MRSA will qualify them for an accidental disa- bility retirement, unless the contrary be proven by competent evidence. If this bill is enacted, it would lead to more disabilities being classified as "accidental". For the disabilities so classified due to this bill, the cost would depend on whether such person would have otherwise been eligible for an ordinary disability, a performance of duty disability or a service retirement. For those who contract such EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09076-02-4 A. 6793--A 2 disease prior to being eligible to receive an ordinary disability retirement, it is estimated that there would be an average per person cost of approximately eight (8) times final average salary. For those who contract such disease who would be eligible to receive an ordinary disability retirement, it is estimated that there would be an average per person cost of approximately four (4) times final average salary. For those who contract such disease who would be eligible to receive a performance of duty disability retirement, it is estimated that there would be an average per person cost of approximately two (2) times final average salary. For those who contract such disease who are eligible for service retirement, it is estimated that there would be an average per person cost of approximately 150% of final average salary. However, we anticipate that few additional accidental disability retirements will be granted, and thus, the resulting costs are expected to be negligible. 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, 2013 actuarial valu- ation. Distributions and other statistics can be found in the 2013 Report of the Actuary and the 2013 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2010, 2011, 2012 and 2013 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, 2013 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 estimate, dated January 24, 2014 and intended for use only during the 2014 Legislative Session; is Fiscal Note No. 2014-59, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.