Bill Text: NY A07162 | 2015-2016 | General Assembly | Introduced

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

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Bill Title: Relates to disability retirement benefits for the presumption of post-traumatic stress disorder for New York city alarm dispatchers, supervising alarm dispatchers level one and supervising alarm dispatchers level two.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-06 - print number 7162a [A07162 Detail]

Download: New_York-2015-A07162-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7162
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 27, 2015
                                      ___________
       Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
         ER  -- read once and referred to the Committee on Governmental Employ-
         ees
       AN ACT to amend the retirement and social security law, in  relation  to
         disability  retirement  benefits for the presumption of post-traumatic
         stress disorder for certain titles
         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    S  605-F. DISABILITY RETIREMENT FOR NEW YORK CITY FIRE ALARM DISPATCH-
    4  ERS AND SUPERVISING FIRE ALARM DISPATCHER LEVELS ONE  AND  TWO.  1.    A
    5  MEMBER  EMPLOYED  AS  A  NEW YORK CITY FIRE ALARM DISPATCHER, A NEW YORK
    6  CITY SUPERVISING FIRE ALARM DISPATCHER LEVEL ONE  OR  A  NEW  YORK  CITY
    7  SUPERVISING  FIRE  ALARM DISPATCHER LEVEL TWO SHALL BE ENTITLED TO DISA-
    8  BILITY RETIREMENT ALLOWANCE, IF, AT THE  TIME  APPLICATION  THEREFOR  IS
    9  FILED,  SUCH MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORM-
   10  ANCE OF DUTY AS A RESULT OF CONTRACTING POST-TRAUMATIC  STRESS  DISORDER
   11  WHILE SO EMPLOYED AND AS A RESULT OF HIS OR HER EMPLOYMENT.
   12    2.  NOTWITHSTANDING  ANY  PROVISION OF THIS CHAPTER OR OF ANY GENERAL,
   13  SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY MEMBER WHO IS A NEW YORK  CITY
   14  FIRE ALARM DISPATCHER, A NEW YORK CITY SUPERVISING FIRE ALARM DISPATCHER
   15  LEVEL ONE OR A NEW YORK CITY SUPERVISING FIRE ALARM DISPATCHER LEVEL TWO
   16  WHO  IS  DIAGNOSED  AS  SUFFERING  FROM  POST-TRAUMATIC  STRESS DISORDER
   17  RESULTING  IN  DISABILITY  TO  SUCH  FIRE  ALARM  DISPATCHER,  PRESENTLY
   18  EMPLOYED,  AND  WHO  SHALL  HAVE  SUSTAINED  SUCH  DISABILITY  WHILE  SO
   19  EMPLOYED, SHALL HAVE SUCH DIAGNOSIS BE PRESUMPTIVE  EVIDENCE  THAT  SUCH
   20  DISABILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS
   21  THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08021-02-5
       A. 7162                             2
    1    3.  THE  ANNUAL  RETIREMENT  ALLOWANCE  PAYABLE  SHALL BE EQUAL TO THE
    2  THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY,  SUBJECT  TO  SECTION
    3  13-176 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
    4    S 2. This act shall take effect immediately.
         FISCAL NOTE.-- Pursuant to Legislative Law, section 50:
         PROVISIONS  OF  PROPOSED  LEGISLATION:  The proposed legislation would
       amend the Retirement and Social Security  Law  ("RSSL")  to  add  a  new
       Section  605-f  that  would provide a disability retirement allowance to
       members of the New York City Employees' Retirement System ("NYCERS") who
       are Fire Alarm Dispatchers and Supervising Fire  Alarm  Dispatchers,  if
       such  member  is physically or mentally incapacitated for performance of
       duty as a result of contracting post-traumatic stress disorder  ("PTSD")
       while so employed and as a result of his or her employment.
         In  determining  whether  the  PTSD  occurred  while employed and as a
       result of his or her employment, the diagnosis of PTSD will be  presump-
       tive  evidence  that such disability was incurred in the performance and
       discharge of duty, unless  the  contrary  can  be  proven  by  competent
       evidence.
         The amount of the annual retirement allowance payable will be equal to
       75% of the member's final average salary.
         FINANCIAL  IMPACT  -  OVERVIEW: There is no data available to estimate
       the number of members who might be diagnosed with PTSD  and  potentially
       benefit  from this proposed legislation. Therefore, the estimated finan-
       cial impact has been calculated on a "per  event"  basis  equal  to  the
       increase in the Actuarial Present Value ("APV") of Benefits ("APVB") for
       an average member who is diagnosed with PTSD as the result of the enact-
       ment  of  the  proposed  legislation. In determining the increase in the
       APVB it has been assumed that a member diagnosed with PTSD would  retire
       under a Disability Retirement benefit whether or not the proposed legis-
       lation is passed.
         With  respect  to  an  individual  member, the additional cost of this
       proposed legislation could vary greatly depending on the member's length
       of service, age and salary history.
         FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: Based on the census  data
       and assumptions herein, the enactment of this proposed legislation would
       increase  the APVB by approximately $380,000 for each occurrence of PTSD
       as of June 30, 2015.
         FINANCIAL IMPACT  -  ADDITIONAL  EMPLOYER  COSTS:  Enactment  of  this
       proposed  legislation  would  increase employer costs, where such amount
       would depend on the number of members affected as well as other  charac-
       teristics  including the age, years of service and salary history of the
       member.
         Based on the Actuary's actuarial assumptions and methods in effect  as
       of  June  30,  2013, the enactment of this proposed legislation is esti-
       mated to increase annual employer costs  by  approximately  $45,000  for
       each Accidental Disability Retirement due to PTSD.
         FINANCIAL  IMPACT  -  ADDITIONAL  EMPLOYER CONTRIBUTIONS: Increases in
       employer contributions would depend upon when members would  retire  due
       to  PTSD but would ultimately be comparable to the increases in employer
       costs.
         CENSUS DATA: As of June 30, 2013,  the  total  number  of  Fire  Alarm
       Dispatchers and Supervising Fire Alarm Dispatchers who could potentially
       benefit  from this proposed legislation is 186. The census data used for
       estimates of APVB and employer costs and employer  contributions  herein
       are  the  130  NYCERS  Tier  4  active  members  who  participate in the
       Dispatchers 25-Year plan and were included in the June  30,  2013  (Lag)
       A. 7162                             3
       actuarial  valuations  of NYCERS used to determine the Final Fiscal Year
       2015 employer contributions. These 130 members had  an  average  age  of
       approximately  40, average service of approximately 11.9 years and aver-
       age salary of approximately $66,000 as of June 30, 2013.
         ACTUARIAL  ASSUMPTIONS AND METHODS: The additional APV of benefits and
       employer contributions presented herein have been estimated as  of  June
       30,  2015  using the actuarial assumptions and methods used to determine
       the Final Fiscal Year 2015 employer contributions of NYCERS.
         As there is no data currently available  to  estimate  the  number  of
       members  who might be diagnosed with PTSD, the financial impact would be
       recognized at the time  of  event.  Consequently,  changes  in  employer
       contributions  have been estimated assuming that the increase in the APV
       of Future Employer Contributions would be financed over  a  time  period
       comparable to that used for actuarial losses under the Entry Age Actuar-
       ial  Cost  Method.  Using  this  approach,  the Additional APV of Future
       Employer Contributions would be amortized over a closed  15-year  period
       (14  payments  under  the  One-Year  Lag Methodology) using level dollar
       payments.
         ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to  deter-
       mine  the financial impact of the proposed legislation discussed in this
       Fiscal Note are those appropriate for budgetary models  and  determining
       annual employer contributions to NYCERS.
         However,  the  economic  assumptions  that  are  used  for determining
       employer contributions do not develop risk-adjusted, economic values  of
       benefits.   Such risk-adjusted, economic values of benefits would likely
       differ significantly from those developed by the budgetary models.
         STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting
       Chief Actuary for the New York City Retirement Systems. I am a Fellow of
       the Society of Actuaries and a Member of the American Academy of Actuar-
       ies. I meet the Qualification Standards of the American Academy of Actu-
       aries to render the actuarial opinion contained herein.
         FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
       during  the  2015  Legislative Session. It is Fiscal Note 2015-21, dated
       April 10, 2015 prepared by the Acting Chief Actuary  for  the  New  York
       City Employees' Retirement System.