Bill Text: NY S05988 | 2019-2020 | General Assembly | Amended

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

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Bill Title: Relates to the effect and rebuttal of certain medical presumptions relating to heart disease; provides that, for certain members, any condition of impairment of health caused by a disease of the heart, resulting in disability, shall be presumptive evidence that such disability was incurred in the performance and discharge of duty and the natural and proximate result of an accident.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-16 - PRINT NUMBER 5988B [S05988 Detail]

Download: New_York-2019-S05988-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5988--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          --  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  medical  presumptions  applicable  to members of the New York
          state and local employees' retirement system

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 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    2. Notwithstanding any provision of this chapter or  of  any  general,
     5  special,  or  local  law to the contrary, any condition of impairment of
     6  health caused by diseases of the heart, resulting in disability or death
     7  to a police officer, presently employed, and who  shall  have  sustained
     8  such disability while so employed, shall be presumptive evidence that it
     9  was  incurred  in  the performance and discharge of duty and the natural
    10  and proximate result of an accident, unless the contrary  be  proved  by
    11  competent evidence.
    12    § 2. The retirement and social security law is amended by adding a new
    13  section 809 to read as follows:
    14    §  809. Effect and rebuttal of certain medical presumptions pertaining
    15  to diseases of the heart. a. This section shall apply to certain  appli-
    16  cations  for  disability retirement allowances made by or on behalf of a
    17  member of the New York state and local employees' retirement  system  or
    18  the  New  York  state  and  local police and fire retirement system.  It
    19  shall apply only to applications that are subject under this chapter  to
    20  a  provision  that  any  condition  of  impairment of health caused by a
    21  disease of the heart, resulting  in  disability,  shall  be  presumptive

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11753-03-9
        S. 5988--A                          2

     1  evidence  that  such  disability  was  incurred  in  the performance and
     2  discharge of duty and the natural and proximate result of an accident.
     3    b.  Notwithstanding  any  other  provision  of  law to the contrary an
     4  application for an accidental disability retirement  allowance  that  is
     5  based  on a permanent incapacity caused by a disease of the heart, shall
     6  not be required to allege or establish:
     7    (1) that the member sustained an accident or other incident related to
     8  the performance and discharge of duty; or
     9    (2) that notice was provided thereof.
    10    c. Notwithstanding any other provision of law  to  the  contrary,  the
    11  presumptions  referred  to  in  subdivision  a  of  this  section may be
    12  rebutted only by competent evidence  that  the  disability  is  not  the
    13  natural and proximate result of the performance and discharge of duty.
    14    §  3.  The  amendment  made  to  subdivision 2 of section 363-a of the
    15  retirement and social security law by section one of this act shall  not
    16  affect,  impair  or invalidate any temporary right, privilege or benefit
    17  conferred pursuant to the provisions of a general, special or local  law
    18  (other  than pursuant to articles 14 and 15 of the retirement and social
    19  security law) for any member of a public retirement  system  or  pension
    20  plan funded by the state or one of its political subdivisions, nor shall
    21  any  amendment  thereto  affect  the  application  of such provisions as
    22  extended by the provisions of section 480 of the retirement  and  social
    23  security law.
    24    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  amend  the  Retirement  and  Social Security Law in
        relation to heart disease related disabilities for members  in  the  New
        York State and Local Employees' Retirement System (ERS) and the New York
        State  and  Local Police and Fire Retirement System (PFRS) who currently
        have heart presumptions that reference an accident. It would grant acci-
        dental disability benefits for heart cases by deeming such  disabilities
        to  have  been sustained in the performance of duty, and the natural and
        proximate result of an accident. Such presumptions may be rebutted  only
        by  competent  evidence  that  the  disability  is not the result of the
        performance and discharge of duty. Further, this bill would provide that
        the same criteria that exist for determining accidental  death  benefits
        for firefighters would be extended to police officers.
          If  this bill is enacted, more accidental disability benefits would be
        granted. The estimated increase in the annual contributions to the State
        of New York would be approximately $660,000 for  its  PFRS  members  and
        approximately $1.1 million for its Unified Court Officers. The increases
        in  annual  contributions  for  the  participating employers in the PFRS
        would be approximately $2.6 million.
          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. 5988--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  May 16, 2019, and intended for use only during
        the 2019 Legislative Session, is Fiscal Note No. 2019-122,  prepared  by
        the Actuary for the New York State and Local Retirement System.