Bill Text: NY S03944 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to providing a heart disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-07 - ADVANCED TO THIRD READING [S03944 Detail]

Download: New_York-2019-S03944-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3944
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
        AN  ACT  to amend the retirement and social security law, in relation to
          providing  a  heart  disease  presumption  for  correction   officers,
          correction supervisors, deputy sheriff patrol or deputy sheriff patrol
          supervisors
          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 63-g to read as follows:
     3    § 63-g. Disability benefits; certain disabilities. Notwithstanding any
     4  provision of this chapter or of any general, special or local law to the
     5  contrary, any member who is a correction officer, correction supervisor,
     6  deputy sheriff patrol or deputy sheriff patrol supervisor who  contracts
     7  any  condition  of impairment of health caused by diseases of the heart,
     8  resulting in disability or death to such correction officer,  correction
     9  supervisor,  deputy  sheriff patrol or deputy sheriff patrol supervisor,
    10  presently employed, and who shall have sustained such  disability  while
    11  so  employed,  shall  be  presumptive  evidence that such disability was
    12  incurred in the performance and discharge of duty and  the  natural  and
    13  proximate result of an accident, unless the contrary be proved by compe-
    14  tent evidence; provided, however, that prior to entry into service, such
    15  correction  officer,  correction  supervisor,  deputy  sheriff patrol or
    16  deputy sheriff patrol supervisor successfully passed a physical examina-
    17  tion which failed to disclose evidence of any disease or  other  impair-
    18  ment of the heart.
    19    § 2. The retirement and social security law is amended by adding a new
    20  section 605-f to read as follows:
    21    §  605-f.  Disability  benefits; certain disabilities. Notwithstanding
    22  any provision of this chapter or of any general, special or local law to
    23  the contrary, any member who is a correction officer, correction  super-
    24  visor,  deputy  sheriff  patrol  or deputy sheriff patrol supervisor who
    25  contracts any condition of impairment of health caused  by  diseases  of
    26  the  heart, resulting in disability or death to such correction officer,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09481-02-9

        S. 3944                             2
     1  correction supervisor, deputy sheriff patrol or  deputy  sheriff  patrol
     2  supervisor,  presently employed, and who shall have sustained such disa-
     3  bility while so employed, shall be presumptive evidence that such  disa-
     4  bility  was  incurred  in  the performance and discharge of duty and the
     5  natural and proximate result of an  accident,  unless  the  contrary  be
     6  proved  by  competent  evidence;  provided, however, that prior to entry
     7  into service, such correction  officer,  correction  supervisor,  deputy
     8  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
     9  physical examination which failed to disclose evidence of any disease or
    10  other impairment of the heart.
    11    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would allow certain members of the New York State and Local
        Employees' Retirement system  (ERS)  employed  as  correction  officers,
        correction  supervisors, deputy sheriff patrol, or deputy sheriff patrol
        supervisors to receive an accidental disability benefit if the member is
        impaired due to a condition of the heart as a result of an accident,  in
        the  performance  of his or her duties, unless the contrary be proven by
        competent evidence. For members in tiers 1 and  2,  the  annual  benefit
        would  be  75% of final average salary (FAS) less worker's compensation.
        For members in tiers 3 through 6 who are covered under the provisions of
        Article 14-B of the Retirement and Social Security Law, the annual bene-
        fit would be 2/3 of  FAS  less  worker's  compensation.  For  all  other
        affected members in tiers 3-6, the annual benefit would be 1/3 of FAS.
          If  this  bill  is  enacted,  it would lead to more disabilities being
        classified as "accidental". The cost of the revised benefit will  depend
        upon the applicant's age, service, salary, plan, and benefit type other-
        wise payable.
          However,  we  anticipate  that  few  additional  accidental disability
        retirements will be granted, and thus, the resulting costs are  expected
        to be negligible.
          Pursuant  to Section 25 of the Retirement and Social Security Law, all
        costs arising would be borne solely by the State of New York.
          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 February 7,  2019,  and  intended  for  use  only
        during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-64,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
feedback