Bill Text: NY S06387 | 2023-2024 | 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 communications technicians, communications specialists, communications operators, radio dispatchers, or emergency dispatchers by any state agency, department, or division, county 911 dispatchers, county 911 dispatcher supervisors, New York city fire alarm dispatchers, supervising fire alarm dispatchers level one and supervising fire alarm dispatchers level two.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-21 - PRINT NUMBER 6387B [S06387 Detail]

Download: New_York-2023-S06387-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6387

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 18, 2023
                                       ___________

        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
          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-g to read as follows:
     3    § 605-g. Disability retirement for certain dispatchers. 1.   A  member
     4  employed  as  a  communications  technician,  communications specialist,
     5  communications operator, radio dispatcher, or  emergency  dispatcher  by
     6  any  state  agency,  department, or division, a county 911 dispatcher, a
     7  county 911 dispatcher supervisor, a New York city fire alarm dispatcher,
     8  a New York city supervising fire alarm dispatcher level  one  or  a  New
     9  York  city supervising fire alarm dispatcher level two shall be entitled
    10  to disability retirement allowance, if, at the time application therefor
    11  is filed, such  member  is  physically  or  mentally  incapacitated  for
    12  performance  of  duty  as  a result of contracting post-traumatic stress
    13  disorder while so employed and as a result of his or her employment.
    14    2. Notwithstanding any provision of this chapter or  of  any  general,
    15  special or local law to the contrary, any member who is a communications
    16  technician,  communications  specialist,  communications operator, radio
    17  dispatcher, or emergency dispatcher by any state agency, department,  or
    18  division, a county 911 dispatcher, a county 911 dispatcher supervisor, a
    19  New  York  city  fire alarm dispatcher, a New York city supervising fire
    20  alarm dispatcher level one or a New York  city  supervising  fire  alarm
    21  dispatcher  level  two who is diagnosed as suffering from post-traumatic
    22  stress disorder resulting in disability to such fire  alarm  dispatcher,
    23  presently  employed,  and who shall have sustained such disability while
    24  so employed, shall have such diagnosis be presumptive evidence that such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01365-02-3
        S. 6387                             2

     1  disability was incurred in the performance and discharge of duty, unless
     2  the contrary be proven by competent evidence.
     3    3.  The  annual  retirement  allowance  payable  shall be equal to the
     4  three-quarters of his or her final average salary.
     5    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY OF BILL: This proposed legislation would amend the  Retirement
        and  Social  Security Law (RSSL) to add a new Section 605-g to provide a
        rebuttable statutory presumption to Tier 4 and Tier 6 members of the New
        York City Employees' Retirement  System  (NYCERS)  who  are  Fire  Alarm
        Dispatchers and Supervising Fire Alarm Dispatchers, and who become phys-
        ically  or  mentally  incapacitated for performance of duty due to post-
        traumatic stress disorder (PTSD) and provide a performance of duty disa-
        bility retirement benefit  equivalent  to  75%  of  the  member's  Final
        Average Salary (FAS).
          In  determining  whether  disabling PTSD was caused by employment as a
        Dispatcher, the diagnosis of PTSD would  be  presumptive  evidence  that
        such  disability  was incurred in the performance and discharge of duty,
        unless the contrary is proven by competent evidence.
          Effective Date: Upon enactment.
          IMPACT ON BENEFITS: Currently, an  active  member  of  NYCERS  who  is
        employed  as  a  Fire  Alarm Dispatcher and becomes disabled due to PTSD
        would be eligible for  an  applicable  ordinary  disability  retirement,
        generally a lifetime payment equal to the greatest of 1/3 of FAS, 1/60th
        of  FAS  for each year of service, or the service retirement benefit, if
        eligible.
          Under the proposed legislation, the benefits  for  active  members  of
        NYCERS  working  as  Fire  Alarm  Dispatchers  who  become physically or
        mentally incapacitated for performance of duty  due  to  PTSD  would  be
        revised to equal a retirement allowance of 75% multiplied by FAS.
          FINANCIAL  IMPACT  -  OVERVIEW: There is no data available to estimate
        the number of members who might develop and become disabled by PTSD, and
        potentially benefit from this proposed legislation. Therefore, the esti-
        mated financial impact has been calculated on a per event basis equal to
        the increase in the present value of future employer  contributions  for
        an  average  member who could potentially be diagnosed with PTSD and who
        would benefit from the proposed legislation.
          In determining the increase in the present value for members who could
        benefit from the presumption provided by the  proposed  legislation,  it
        has  been  assumed  that  50% of the members would have retired under an
        Ordinary Disability Retirement (ODR) benefit, and the remaining  50%  of
        members  would have continued working and eventually retired for service
        if the proposed legislation were not 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. In particular, the increase due to
        the proposed legislation would be greater for a member who  is  not  yet
        eligible for an ODR benefit when PTSD is diagnosed.
          FINANCIAL  IMPACT  -  PRESENT VALUES: Based on the census data and the
        actuarial assumptions and methods described  herein,  the  enactment  of
        this  proposed  legislation  would  increase the present value of future
        employer contributions by approximately $460,400, on average,  for  each
        occurrence of performance of duty disability due to PTSD.
          FINANCIAL  IMPACT  -  ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
        proposed legislation would increase employer contributions,  where  such
        amount  would  depend on the number of members affected as well as other
        S. 6387                             3

        characteristics including the age, years of service, and salary  history
        of the member.
          Based  on  the actuarial assumptions and methods described herein, the
        enactment of this proposed legislation is estimated to  increase  annual
        employer  contributions  by  approximately $54,500, on average, for each
        performance of duty retirement due to PTSD.
          As there is no data currently available  to  estimate  the  number  of
        members who might be diagnosed with disabling 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 present value of future employer contributions will be financed over
        a closed 15-year period (14 payments under the One-Year Lag Methodology)
        using level dollar payments.
          With respect to the timing, increases in employer contributions  would
        depend  upon  when  members  would  retire  due  to PTSD but, generally,
        increased employer contributions will first occur the second fiscal year
        following approval of the performance of duty retirement benefit.
          CENSUS DATA: The estimates presented herein are based  on  the  census
        data  used  in the June 30, 2022 actuarial valuation of NYCERS to deter-
        mine the Preliminary Fiscal Year 2024 employer contributions.
          The 186 Fire Alarm Dispatchers and Supervising Fire Alarm  Dispatchers
        who  participate  in  NYCERS  as  of June 30, 2022 had an average age of
        approximately 40.5 years, average service of approximately  12.0  years,
        and an average salary of approximately $81,800.  This group consisted of
        113 Tier 4 active members and 73 Tier 6 active members.
          ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
        been  calculated based on the actuarial assumptions and methods used for
        the Preliminary Fiscal Year 2024 employer contributions of NYCERS.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on the realization of the actuarial assumptions used, demograph-
        ics of the impacted population and other  factors  such  as  investment,
        contribution,  and other risks. If actual experience deviates from actu-
        arial assumptions, the actual costs could differ  from  those  presented
        herein.
          Costs  are also dependent on the actuarial methods used, and therefore
        different actuarial methods could produce different results. Quantifying
        these risks is beyond the scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          * The initial additional administrative costs of NYCERS and other  New
        York City agencies to implement the proposed legislation.
          *  The  impact  of  this  proposed legislation on Other Postemployment
        Benefit (OPEB) costs.
          STATEMENT OF ACTUARIAL OPINION: I, Marek  Tyszkiewicz,  am  the  Chief
        Actuary  for,  and  independent of, the New York City Retirement Systems
        and Pension Funds. I am an Associate of the Society of Actuaries  and  a
        Member of the American Academy of Actuaries. I am a member of NYCERS but
        do  not  believe  it impairs my objectivity and I meet the Qualification
        Standards of the American Academy of Actuaries to render  the  actuarial
        opinion  contained  herein.  To  the  best  of my knowledge, the results
        contained  herein  have  been  prepared  in  accordance  with  generally
        accepted  actuarial  principles  and  procedures  and with the Actuarial
        Standards of Practice issued by the Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2023-31 dated  April  14,
        2023  was prepared by the Chief Actuary for the New York City Employees'
        Retirement System. This estimate is intended for  use  only  during  the
        2023 Legislative Session.