Bill Text: NY A06793 | 2013-2014 | General Assembly | Introduced

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

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6793
                              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
       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.--Pursuant  to Legislative Law, Section 50 and Retirement
       and Social Security Law Section 25:
         Re: Fiscal Note #2013-58
         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  disability  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.
                                                                  LBD09076-01-3
       A. 6793                             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:
         Data:  March  31,  2012  Actuarial Year End File with distributions of
       membership and other statistics displayed in  the  2012  Report  of  the
       Actuary and 2011 Comprehensive Annual Financial Report.
         Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
       Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
       State of New York: Audit and Control.
         Market Assets and GASB Disclosures: March 31, 2012 New York State  and
       Local  Retirement System Financial Statements and Supplementary Informa-
       tion.
         Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
       the 2012 Actuarial Valuations report.
         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  18,  2013,  and intended for use only
       during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-58,
       prepared by the Actuary for the New York State and Local Police and Fire
       Retirement System.