Bill Text: NY S04634 | 2017-2018 | General Assembly | Amended

Bill Title: Includes SUNY police officers for purposes of presumption regarding impairment caused by heart disease.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Vetoed) 2018-12-28 - VETOED MEMO.352 [S04634 Detail]

Download: New_York-2017-S04634-Amended.html

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 23, 2017
          MARCHIONE -- read twice and ordered printed, and when  printed  to  be
          committed  to the Committee on Civil Service and Pensions -- recommit-
          ted to the Committee on Civil Service and Pensions in accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the retirement and social security law, in  relation  to
          certain  disabilities  of  university police officers appointed by the
          state university of New York
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 363-a of the retirement and social
     2  security  law, as amended by chapter 437 of the laws of 2016, is amended
     3  to read as follows:
     4    3. As used in this section, the terms "firefighter" and "police  offi-
     5  cer"  mean  any  member who is performing police or fire service, as the
     6  phrase police or fire service is defined in paragraphs a, b, c, d, f (as
     7  added by chapter six hundred seventy-four of the laws of nineteen eight-
     8  y-six), f (as added by chapter six hundred seventy-seven of the laws  of
     9  nineteen  eighty-six),  g,  h,  i and j of subdivision eleven of section
    10  three hundred two of this article, and who, prior to entry into  service
    11  as a firefighter or police officer, successfully passed a physical exam-
    12  ination  which  failed  to  disclose  evidence  of  any disease or other
    13  impairment of the heart.
    14    § 2. The amendments to section 363-a  of  the  retirement  and  social
    15  security  law  made by section one of this act shall not affect, impair,
    16  or invalidate any  temporary  right,  privilege,  or  benefit  conferred
    17  pursuant  to  the  provisions  of a general, special or local law (other
    18  than pursuant to articles 14 and 15 of the retirement and social securi-
    19  ty law) for any member of a public retirement  system  or  pension  plan
    20  funded  by the state or one of its political subdivisions, nor shall any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4634--A                          2
     1  amendments thereto affect the application of such provisions as extended
     2  by the provisions of section 480 of the retirement and  social  security
     3  law.
     4    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  is  a  technical  correction to Chapter 561 of the Laws of
        2015.   It would add a  "heart  bill"  performance  of  duty  disability
        provision  for  police  officers of the State University of New York who
        are members of the New York State and Local Police and  Fire  Retirement
          If  this  bill  is  enacted,  it could lead to more disabilities being
        classified as "performance of duty". We anticipate that few  performance
        of  duty disability retirements will be granted, and thus, the resulting
        costs will 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, 2017 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2017
        Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
          The actuarial assumptions and methods used are described in the  2015,
        2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
        tions, 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, 2017
        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 18,  2018,  and  intended  for  use  only
        during  the  2018  Legislative  Session,  is  Fiscal  Note  No. 2018-42,
        prepared by the Actuary for the New  York  State  and  Local  Retirement