Bill Text: NY S03944 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to providing a heart disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-20 - referred to ways and means [S03944 Detail]

Download: New_York-2019-S03944-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3944--A
            Cal. No. 230

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 21, 2019
                                       ___________

        Introduced  by Sens. GOUNARDES, FUNKE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions -- reported favorably from said committee, ordered  to  first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the order of third reading

        AN ACT to amend the retirement and social security law, in  relation  to
          providing   a  heart  disease  presumption  for  correction  officers,
          correction supervisors, deputy sheriff patrol or deputy sheriff patrol
          supervisors

          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 63-g to read as follows:
     3    § 63-g. Disability benefits; certain disabilities. Notwithstanding any
     4  provision of this chapter or of any general, special or local law to the
     5  contrary, any member who is a correction officer, correction supervisor,
     6  deputy  sheriff patrol or deputy sheriff patrol supervisor who contracts
     7  any condition of impairment of health caused by diseases of  the  heart,
     8  resulting  in disability or death to such correction officer, correction
     9  supervisor, deputy sheriff patrol or deputy sheriff  patrol  supervisor,
    10  presently  employed,  and who shall have sustained such disability while
    11  so employed, shall be presumptive  evidence  that  such  disability  was
    12  incurred  in  the  performance and discharge of duty and the natural and
    13  proximate result of an accident, unless the contrary be proved by compe-
    14  tent evidence; provided, however, that prior to entry into service, such
    15  correction officer, correction  supervisor,  deputy  sheriff  patrol  or
    16  deputy sheriff patrol supervisor successfully passed a physical examina-
    17  tion  which  failed to disclose evidence of any disease or other impair-
    18  ment of the heart.
    19    § 2. The retirement and social security law is amended by adding a new
    20  section 605-f to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09481-05-9

        S. 3944--A                          2

     1    § 605-f. Disability benefits;  certain  disabilities.  Notwithstanding
     2  any provision of this chapter or of any general, special or local law to
     3  the  contrary, any member who is a correction officer, correction super-
     4  visor, deputy sheriff patrol or deputy  sheriff  patrol  supervisor  who
     5  contracts  any  condition  of impairment of health caused by diseases of
     6  the heart, resulting in disability or death to such correction  officer,
     7  correction  supervisor,  deputy  sheriff patrol or deputy sheriff patrol
     8  supervisor, presently employed, and who shall have sustained such  disa-
     9  bility  while so employed, shall be presumptive evidence that such disa-
    10  bility was incurred in the performance and discharge  of  duty  and  the
    11  natural  and  proximate  result  of  an accident, unless the contrary be
    12  proved by competent evidence; provided, however,  that  prior  to  entry
    13  into  service,  such  correction  officer, correction supervisor, deputy
    14  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
    15  physical examination which failed to disclose evidence of any disease or
    16  other impairment of the heart.
    17    § 3. Notwithstanding any other provision of law to the contrary,  none
    18  of  the  provisions  of  this  act shall be subject to section 25 of the
    19  retirement and social security law.
    20    § 4. 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 an accidental disability benefit if the member is
        impaired  due to a condition of the heart as a result of an accident, in
        the performance of his or her duties, unless the contrary be  proven  by
        competent  evidence.  For  members  in tiers 1 and 2, the annual benefit
        would be 75% of final average salary (FAS) less  worker's  compensation.
        For members in tiers 3 through 6 who are covered under the provisions of
        Article 14-B of the Retirement and Social Security Law (RSSL), the annu-
        al benefit would be 2/3 of FAS less worker's compensation. For all other
        affected  members  in tiers 3-6, the annual benefit would be 1/3 of FAS.
        The provisions of Section 25 of the RSSL will not apply.
          If this bill is enacted, it would  lead  to  more  disabilities  being
        classified  as "accidental". The cost of the revised benefit will depend
        upon the applicant's age, service, salary, plan, and benefit type other-
        wise payable.
          However, we  anticipate  that  few  additional  accidental  disability
        retirements  will be granted, and thus, the resulting costs are expected
        to be negligible.
          All costs arising from this bill would be shared by the State  of  New
        York and all of the participating employers in the system.
          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.

        S. 3944--A                          3

          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 March 22, 2019, and intended for use only during
        the 2019 Legislative Session, is Fiscal Note No.  2019-97,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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