Bill Text: NY A08164 | 2017-2018 | 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 3-0)

Status: (Vetoed) 2018-12-07 - tabled [A08164 Detail]

Download: New_York-2017-A08164-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8164
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 1, 2017
                                       ___________
        Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
          tee 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    §  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    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          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
        disease  prior  to  being  eligible  to  receive  an ordinary disability
        retirement, it is estimated that there would be an  average  per  person
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04168-02-7
        A. 8164                             2
        cost  of  approximately  9  times  final  average  salary. For those who
        contract such disease who would be eligible to receive an ordinary disa-
        bility retirement, it is estimated that there would be  an  average  per
        person cost of approximately 5 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 aver-
        age per person cost of approximately 2.5  times  final  average  salary.
        For those who contract such disease who are eligible for service retire-
        ment,  it is estimated that there would be an average per person cost of
        approximately 2 times 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
        changes was the same as that used in the March 31, 2016 actuarial valua-
        tion.Distributions  and other statistics can be found in the 2016 Report
        of the Actuary and the 2016 Comprehensive Annual Financial Report.
          The actuarial assumptions and methods used are described in  the  2015
        and  2016 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, 2016
        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 19,  2017,  and  intended  for  use  only
        during  the  2017  Legislative  Session,  is  Fiscal  Note  No. 2017-28,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.