Bill Text: NY A05301 | 2019-2020 | General Assembly | Introduced
Bill Title: Includes SUNY police officers for purposes of presumption regarding impairment caused by heart disease.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Vetoed) 2019-12-20 - VETOED MEMO.265 [A05301 Detail]
Download: New_York-2019-A05301-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5301 2019-2020 Regular Sessions IN ASSEMBLY February 8, 2019 ___________ 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 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 21 amendments thereto affect the application of such provisions as extended 22 by the provisions of section 480 of the retirement and social security 23 law. 24 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08624-02-9A. 5301 2 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 System. 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, 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 31, 2019, and intended for use only during the 2019 Legislative Session, is Fiscal Note No. 2019-45, prepared by the Actuary for the New York State and Local Retirement System.