Bill Text: NY A04946 | 2021-2022 | General Assembly | Introduced

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

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Bill Title: Implements a presumption of performance of duty disability for post-traumatic stress disorder in certain employees of Suffolk county.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2022-01-12 - print number 4946a [A04946 Detail]

Download: New_York-2021-A04946-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4946

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2021
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees

        AN  ACT  to amend the retirement and social security law, in relation to
          implementing a presumption of performance of duty disability for post-
          traumatic stress disorder in certain employees of Suffolk county

          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 605-f to read as follows:
     3    §  605-f.  Accidental  disability  retirement for certain employees in
     4  Suffolk county. Notwithstanding any provision of this chapter or of  any
     5  general,  special or local law to the contrary, any member who serves in
     6  Suffolk county as a public safety dispatcher I, public safety dispatcher
     7  II, public safety dispatcher III, including Spanish speaking dispatchers
     8  in such  titles,  emergency  service  dispatcher  I,  emergency  service
     9  dispatcher  II,  emergency  service  dispatcher  III,  including Spanish
    10  speaking dispatchers  in  such  titles,  emergency  complaint  operator,
    11  including  Spanish speaking operators in such title, public safety offi-
    12  cer I, public safety officer II, public safety  officer  III,  including
    13  Spanish speaking officers in such titles, and case worker or case worker
    14  trainee  in  the  department  of  social  services family and children's
    15  service administration, child protective services  investigating  bureau
    16  and child protective preventative services bureau, who is diagnosed with
    17  post-traumatic stress disorder, resulting in disability or death to such
    18  member, presently employed, and who shall have sustained such disability
    19  while  so  employed,  shall be presumptive evidence that such disability
    20  was incurred in the performance and discharge of duty  and  the  natural
    21  and  proximate  result  of an accident, unless the contrary be proved by
    22  competent evidence; provided, however, that prior to entry into service,
    23  such member was not  previously  diagnosed  with  post-traumatic  stress
    24  disorder.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08573-02-1
        A. 4946                             2

     1    §  2. Notwithstanding any other provision of law to the contrary, none
     2  of the provisions of this act shall be subject  to  section  25  of  the
     3  retirement and social security law.
     4    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would grant improved disability eligibility to any Tier 3,
        4, 5 or 6 member of the New York State and Local  Employees'  Retirement
        System (ERS) employed by any municipality within Suffolk County, includ-
        ing Suffolk County itself, in the title of
          1. public safety dispatcher,
          2. public safety officer,
          3. emergency complaint operator,
          4. emergency service dispatcher, or
          5. case worker with the Department of Social Services.
          For any member so employed who is diagnosed with post-traumatic stress
        disorder, resulting in disability, such diagnosis shall be considered as
        presumptive evidence that the disability was incurred in the performance
        of the member's duties and the result of an accident, unless the contra-
        ry  be  proven  by competent evidence and provided no such diagnosis was
        made prior to employment with  Suffolk  County.  The  annual  accidental
        disability benefit for these members would be 1/3 of final average sala-
        ry  (FAS).  Currently, in order to receive a 1/3 of FAS disability bene-
        fit, members must have at least ten years of service.
          If this bill is enacted, it would  lead  to  more  disabilities  being
        classified as "accidental". The cost of the benefit will depend upon the
        applicant's age, service and salary. It is estimated that the per-person
        cost will be up to five (5) times salary.
          The  exact number of members who would be affected by this legislation
        cannot be readily determined. All costs arising from this bill would  be
        shared  by  the State of New York and all of the participating employers
        in the ERS.
          Summary of relevant resources:
          Membership data as of March 31, 2020 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2020 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        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, 2020
        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  February  4,  2021,  and intended for use only
        during the  2021  Legislative  Session,  is  Fiscal  Note  No.  2021-80,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.