Bill Text: NY S03801 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to disability benefits for firefighters employed by the division of military and naval affairs.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2019-12-20 - tabled [S03801 Detail]
Download: New_York-2019-S03801-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3801 2019-2020 Regular Sessions IN SENATE February 14, 2019 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to disability benefits for firefighters employed by the division of mili- tary and naval affairs 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 two new sections 63-g and 63-h to read as follows: 3 § 63-g. Performance of duty disability retirement. a. Any member of 4 the retirement system employed by the division of military and naval 5 affairs shall be eligible to retire pursuant to the provisions of this 6 section if he or she is an airport firefighter apprentice, airport fire- 7 fighter I, airport firefighter II, airport firefighter III or training 8 and safety officer. 9 b. Notwithstanding any provision of this chapter or of any general or 10 special law to the contrary, any member who becomes physically or 11 mentally incapacitated as the result of a disability, who is presently 12 employed and who shall have sustained such disability while so employed 13 and while actually a member of the retirement system, provided that such 14 disability or death (A) was caused by the natural and proximate result 15 of a disability, not caused by such firefighter's own willful negligence 16 and (B) was incurred in the performance and discharge of duty, unless 17 the contrary be proven by competent evidence, shall be paid a perform- 18 ance of duty disability retirement benefit payable pursuant to this 19 section. 20 c. Application for a performance of duty disability retirement allow- 21 ance for such a member may be made by: 22 1. Such member; 23 2. The head of the department in which such member is employed; or 24 3. Some person acting on behalf of and authorized by such member. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06127-02-9S. 3801 2 1 d. After the filing of such an application such member shall be given 2 one or more medical examinations. If the comptroller determines that 3 the member is physically or mentally incapacitated for the performance 4 of duty and ought to be retired for performance of duty disability, such 5 member shall be so retired. Such retirement shall be effective as of a 6 date approved by the comptroller. 7 e. The retirement allowance payable upon retirement for performance of 8 duty disability shall consist of a pension of one-half of his or her 9 final average salary plus an annuity which shall be the actuarial equiv- 10 alent of such member's accumulated contributions, if any. 11 f. If the member, at the time of the filing of an application under 12 the provisions of subdivision c of this section, is eligible for a 13 service retirement benefit, then and in that event, such member may 14 simultaneously file an application for service retirement in accordance 15 with the provisions of section seventy of this article, provided that 16 the member indicates on the application for service retirement that such 17 application is filed without prejudice to the application for perform- 18 ance of duty disability retirement. 19 g. Any benefit provided pursuant to this section shall not be consid- 20 ered as an accidental disability benefit within the meaning of section 21 sixty-four of this title. Any benefit payable pursuant to the workers' 22 compensation law to a member receiving a disability allowance pursuant 23 to this section shall be in addition to such retirement for disability 24 incurred in performance of duty allowance. 25 § 63-h. Certain impairments of health; presumption. a. Any member of 26 the retirement system employed by the division of military and naval 27 affairs shall be eligible to retire pursuant to the provisions of this 28 section if he or she is an airport firefighter apprentice, airport fire- 29 fighter I, airport firefighter II, airport firefighter III or training 30 and safety officer. 31 b. Notwithstanding any provision of this chapter or of any general or 32 special law to the contrary, any condition of impairment of health 33 caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii) 34 condition of cancer affecting the lymphatic, digestive, hematological, 35 urinary, neurological, breast, reproductive or prostate systems result- 36 ing in disability to a member covered by this section, presently 37 employed, who successfully passed a physical examination on entry into 38 service as an airport firefighter apprentice, airport firefighter I, 39 airport firefighter II, airport firefighter III or training and safety 40 officer which examination failed to reveal evidence of any disease or 41 other impairment of the heart or such melanoma or condition, shall be 42 presumptive evidence that it was incurred in the performance and 43 discharge of duty, unless the contrary be proven by competent evidence 44 and shall be paid a performance of duty disability retirement allowance 45 equal to that which is provided in section sixty-three of this title, 46 subject to the provisions of section sixty-four of this title. 47 c. Notwithstanding any provision of this chapter or of any general or 48 special law to the contrary, any condition of impairment of health 49 caused by diseases of the lung, resulting in disability to a member 50 covered by this section, presently employed, who successfully passed a 51 physical examination on entry into service as an airport firefighter 52 apprentice, airport firefighter I, airport firefighter II, airport fire- 53 fighter III or training and safety officer, which examination failed to 54 disclose evidence of any disease or other impairment of the lung, shall 55 be presumptive evidence that it was incurred in the performance and 56 discharge of duty, unless the contrary be proven by competent evidenceS. 3801 3 1 and shall be paid a performance of duty disability retirement allowance 2 equal to that which is provided in section sixty-three of this title, 3 subject to the provisions of section sixty-four of this title. 4 d. After the filing of an application such member shall be given one 5 or more medical examinations. If the comptroller determines that the 6 member is physically or mentally incapacitated for the performance of 7 duty and ought to be retired for performance of duty disability, such 8 member shall be so retired. Such retirement shall be effective as of a 9 date approved by the comptroller. 10 e. If the member, at the time of the filing of such application, is 11 eligible for a service retirement benefit, then and in that event, such 12 member may simultaneously file an application for service retirement, 13 provided that the member indicates on the application for service 14 retirement that such application is filed without prejudice to the 15 application for performance of duty disability retirement. 16 § 2. The retirement and social security law is amended by adding two 17 new sections 607-i and 607-j to read as follows: 18 § 607-i. Performance of duty disability retirement. a. Any member of 19 the retirement system employed by the division of military and naval 20 affairs shall be eligible to retire pursuant to the provisions of this 21 section if he or she is an airport firefighter apprentice, airport fire- 22 fighter I, airport firefighter II, airport firefighter III or training 23 and safety officer. 24 b. Notwithstanding any provision of this chapter or of any general or 25 special law to the contrary, any member who becomes physically or 26 mentally incapacitated as the result of a disability, who is presently 27 employed and who shall have sustained such disability while so employed 28 and while actually a member of the retirement system, provided that such 29 disability or death (A) was caused by the natural and proximate result 30 of a disability, not caused by such firefighter's own willful negligence 31 and (B) was incurred in the performance and discharge of duty, unless 32 the contrary be proven by competent evidence, shall be paid a perform- 33 ance of duty disability retirement benefit payable pursuant to this 34 section. 35 c. Application for a performance of duty disability retirement allow- 36 ance for such a member may be made by: 37 1. Such member; 38 2. The head of the department in which such member is employed; or 39 3. Some person acting on behalf of and authorized by such member. 40 d. After the filing of such an application such member shall be given 41 one or more medical examinations. If the comptroller determines that 42 the member is physically or mentally incapacitated for the performance 43 of duty and ought to be retired for performance of duty disability, such 44 member shall be so retired. Such retirement shall be effective as of a 45 date approved by the comptroller. 46 e. The retirement allowance payable upon retirement for performance of 47 duty disability shall consist of a pension of one-half of his or her 48 final average salary plus an annuity which shall be the actuarial equiv- 49 alent of such member's accumulated contributions, if any. 50 f. If the member, at the time of the filing of an application under 51 the provisions of subdivision c of this section, is eligible for a 52 service retirement benefit, then and in that event, such member may 53 simultaneously file an application for service retirement in accordance 54 with the provisions of section seventy of this chapter, provided that 55 the member indicates on the application for service retirement that suchS. 3801 4 1 application is filed without prejudice to the application for perform- 2 ance of duty disability retirement. 3 g. Any benefit provided pursuant to this section shall not be consid- 4 ered as an accidental disability benefit within the meaning of section 5 sixty-four of this chapter. Any benefit payable pursuant to the workers' 6 compensation law to a member receiving a disability allowance pursuant 7 to this section shall be in addition to such retirement for disability 8 incurred in performance of duty allowance. 9 § 607-j. Certain impairments of health; presumption. a. Any member of 10 the retirement system employed by the division of military and naval 11 affairs shall be eligible to retire pursuant to the provisions of this 12 section if he or she is an airport firefighter apprentice, airport fire- 13 fighter I, airport firefighter II, airport firefighter III or training 14 and safety officer. 15 b. Notwithstanding any provision of this chapter or of any general or 16 special law to the contrary, any condition of impairment of health 17 caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii) 18 condition of cancer affecting the lymphatic, digestive, hematological, 19 urinary, neurological, breast, reproductive or prostate systems result- 20 ing in disability to a member covered by this section, presently 21 employed, who successfully passed a physical examination on entry into 22 service as an airport firefighter apprentice, airport firefighter I, 23 airport firefighter II, airport firefighter III or training and safety 24 officer which examination failed to reveal evidence of any disease or 25 other impairment of the heart or such melanoma or condition, shall be 26 presumptive evidence that it was incurred in the performance and 27 discharge of duty, unless the contrary be proven by competent evidence 28 and shall be paid a performance of duty disability retirement allowance 29 equal to that which is provided in section sixty-three of this chapter, 30 subject to the provisions of sections sixty-three and sixty-four of this 31 chapter. 32 c. Notwithstanding any provision of this chapter or of any general or 33 special law to the contrary, any condition of impairment of health 34 caused by diseases of the lung, resulting in disability to a member 35 covered by this section, presently employed, who successfully passed a 36 physical examination on entry into service as an airport firefighter 37 apprentice, airport firefighter I, airport firefighter II, airport fire- 38 fighter III or training and safety officer, which examination failed to 39 disclose evidence of any disease or other impairment of the lung, shall 40 be presumptive evidence that it was incurred in the performance and 41 discharge of duty, unless the contrary be proven by competent evidence 42 and shall be paid a performance of duty disability retirement allowance 43 equal to that which is provided in section sixty-three of this chapter, 44 subject to the provisions of section sixty-four of this chapter. 45 d. After the filing of an application such member shall be given one 46 or more medical examinations. If the comptroller determines that the 47 member is physically or mentally incapacitated for the performance of 48 duty and ought to be retired for performance of duty disability, such 49 member shall be so retired. Such retirement shall be effective as of a 50 date approved by the comptroller. 51 e. If the member, at the time of the filing of such application, is 52 eligible for a service retirement benefit, then and in that event, such 53 member may simultaneously file an application for service retirement, 54 provided that the member indicates on the application for service 55 retirement that such application is filed without prejudice to the 56 application for performance of duty disability retirement.S. 3801 5 1 § 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would grant improved disability pensions to airport fire- fighters and training and safety officers in the New York State division of military and naval affairs who sustain a disability in the perform- ance of their duties equal to 50% of final average salary (FAS), or 75% of FAS less worker's compensation (WC) when such disability is related to heart disease, lung disease, or certain forms of cancer, unless the contrary be proven by competent evidence. Currently, affected members are entitled to an ordinary disability benefit of 1/3 of FAS. If this bill is enacted during the 2019 legislative session, we antic- ipate that there will be an increase of approximately $95,000 in the annual contributions of for the fiscal year ending March 31, 2020. In future years, this cost will vary as the billing rates and salary of the affected members change. In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $725,000 which will be borne by the state of New York as a one-time payment. This estimate is based on the assumption that payment will be made on March 1, 2020. These estimated costs are based on 71 members having an annual salary for the fiscal year ending March 31, 2018 of approximately $4.4 million. Summary of relevant resources: The identities of the members who are affected by this legislation are not obtainable from our database. Job title code data provided by the Civil Service Employees Association was relied upon to identify affected members. 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 January 22, 2019, and intended for use only during the 2019 Legislative Session, is Fiscal Note No. 2019-30, prepared by the Actuary for the New York State and Local Retirement System.