Bill Text: NY S01666 | 2013-2014 | General Assembly | Amended
Bill Title: Provides certain disability benefits for disabilities related to heart disease to sworn police officers of the division of law enforcement in the department of environmental conservation; provides that any condition of impairment of health, caused by diseases of the heart, resulting in disability or death to such sworn police officer, shall be presumptive evidence that it was incurred in the performance of such officer's duty.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S01666 Detail]
Download: New_York-2013-S01666-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1666--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. GRISANTI, ADDABBO, MAZIARZ -- 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 disabilities of environmental police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 363-a of the retirement and social security law, as
2 amended by chapter 967 of the laws of 1974, subdivision 3 as amended by
3 chapter 357 of the laws of 2002 and subdivision 4 as amended by chapter
4 768 of the laws of 1975, is amended to read as follows:
5 S 363-a. [Firemen and policemen] FIREFIGHTERS AND POLICE OFFICERS;
6 certain disabilities. 1. Notwithstanding any provision of this chapter
7 or of any general, special, or local law to the contrary, any condition
8 of impairment of health caused by diseases of the heart, resulting in
9 disability or death to a [fireman] FIREFIGHTER shall be presumptive
10 evidence that it was incurred in the performance and discharge of duty
11 and the natural and proximate result of an accident, unless the contrary
12 be proved by competent evidence.
13 2. Notwithstanding any provision of this chapter or of any general,
14 special, or local law to the contrary, any condition of impairment of
15 health caused by diseases of the heart, resulting in disability or death
16 to a [policeman] POLICE OFFICER, presently employed, and who shall have
17 sustained such disability while so employed, shall be presumptive
18 evidence that [is] IT was incurred in the performance and discharge of
19 duty, unless the contrary be proved by competent evidence.
20 3. As used in this section, the [term "fireman" and "policeman" means]
21 TERMS "FIREFIGHTER" AND "POLICE OFFICER" MEAN any member who is perform-
22 ing police or fire service, as the phrase police or fire service is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04681-03-3
S. 1666--A 2
1 defined in paragraphs a, b, c, d, F (AS ADDED BY CHAPTER SIX HUNDRED
2 SEVENTY-FOUR OF THE LAWS OF NINETEEN EIGHTY-SIX), F (AS ADDED BY CHAPTER
3 SIX HUNDRED SEVENTY-SEVEN OF THE LAWS OF NINETEEN EIGHTY-SIX), g, and h
4 of subdivision eleven of section three hundred two of this article, and
5 who, prior to entry into service as a [fireman or policeman] FIREFIGHTER
6 OR POLICE OFFICER, successfully passed a physical examination which
7 failed to disclose evidence of any disease or other impairment of the
8 heart.
9 4. The provisions of this section shall remain in full force and
10 effect to and including August thirty-first, nineteen hundred seventy-
11 six.
12 S 2. The amendments made to section 363-a of the retirement and social
13 security law by section one of this act shall not affect, impair, or
14 invalidate any temporary right, privilege, or benefit conferred pursuant
15 to the provisions of a general, special or local law (other than pursu-
16 ant to articles 14 and 15 of the retirement and social security law) for
17 any member of a public retirement system or pension plan funded by the
18 state or one of its political subdivisions, nor shall any amendments
19 thereto affect the application of such provisions as extended by the
20 provisions of section 480 of the retirement and social security law.
21 S 3. 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. It would add a "heart
bill" provision for police officers of the Division of Law Enforcement
in the Department of Environmental Conservation 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, 2013 actuarial valu-
ation. Distributions and other statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013 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, 2013
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 statement of actuarial opinion
contained herein.
This estimate, dated October 28, 2013, and intended for use only
during the 2014 Legislative Session, is Fiscal Note No. 2014-27,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.
