Bill Text: NY A05739 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5739 (Prior Session Legislation)

Bill Title: Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus (MRSA) was in the discharge or performance of duties as the natural and proximate result of an accident; provides 3/4 pension for such members.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2012-10-05 - tabled [A05739 Detail]

Download: New_York-2011-A05739-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5739
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 28, 2011
                                      ___________
       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
         providing three-quarters of pension for police officers and firefight-
         ers who contract methicillin resistant staphylococcus aureus
         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 363-ddd to read as follows:
    3    S  363-DDD.  IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA.  NOTWITH-
    4  STANDING ANY PROVISION OF THIS CHAPTER OR OF  ANY  GENERAL,  SPECIAL  OR
    5  LOCAL  LAW  TO  THE  CONTRARY,  ANY POLICE OFFICER OR FIREFIGHTER WHO IS
    6  COVERED BY THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE  OF  THIS
    7  TITLE  AND  WHO  CONTRACTS  METHICILLIN  RESISTANT STAPHYLOCOCCUS AUREUS
    8  (MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
    9  THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES  AS  THE  NATURAL  AND
   10  PROXIMATE  RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE PERFORMANCE
   11  OF HIS OR  HER  DUTIES  UNLESS  THE  CONTRARY  BE  PROVEN  BY  COMPETENT
   12  EVIDENCE.
   13    S 2. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill will affect certain members of the New York State and Local
       Police and Fire Retirement System by presuming that contracting MRSA  or
       Staph/MRSA  will  qualify  them for an accidental disability retirement,
       unless the contrary be proven by competent evidence.
         If this bill is enacted, we anticipate that few additional  accidental
       disability  retirements  will  be granted, and thus, the resulting costs
       will be negligible.
         This estimate, dated November 17, 2010,  and  intended  for  use  only
       during the 2011 Legislative Session, is Fiscal Note No. 2011-7, prepared
       by  the Actuary for the New York State and Local Police and Fire Retire-
       ment System.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09554-01-1