Bill Text: NY S06529 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to disability benefits for firefighters employed by the division of military and naval affairs.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Vetoed) 2017-12-18 - VETOED MEMO.246 [S06529 Detail]

Download: New_York-2017-S06529-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6529
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 1, 2017
                                       ___________
        Introduced  by  Sen.  MURPHY -- 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 benefits for firefighters employed by the division of mili-
          tary and naval affairs
          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  two new sections 63-g and 63-h to read as follows:
     3    § 63-g. Performance of duty disability retirement. a.  Any  member  of
     4  the  retirement  system  employed  by the division of military and naval
     5  affairs shall be eligible to retire pursuant to the provisions  of  this
     6  section if he or she is an airport firefighter apprentice, airport fire-
     7  fighter  I,  airport firefighter II, airport firefighter III or training
     8  and safety officer.
     9    b. Notwithstanding any provision of this chapter or of any general  or
    10  special  law  to  the  contrary,  any  member  who becomes physically or
    11  mentally incapacitated as the result of a disability from any  condition
    12  of impairment of health caused by: (1) diseases of the heart; or (2) any
    13  (i) melanoma or (ii) condition of cancer affecting the lymphatic, diges-
    14  tive,  hematological,  urinary,  neurological,  breast,  reproductive or
    15  prostate systems, who is presently employed and who shall have sustained
    16  such disability while so employed and while actually  a  member  of  the
    17  retirement  system,  who  successfully  passed a physical examination on
    18  entry into service as an airport firefighter apprentice,  airport  fire-
    19  fighter  I,  airport firefighter II, airport firefighter III or training
    20  and safety officer, which examination failed to disclose evidence of any
    21  disease or other impairment of the heart or such melanoma or  condition,
    22  shall  be  presumptive  evidence  that  such disability or death (A) was
    23  caused by the natural and proximate result of an accident, not caused by
    24  such firefighter's own negligence and (B) was incurred in  the  perform-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09309-03-7

        S. 6529                             2
     1  ance  and  discharge of duty, unless the contrary be proven by competent
     2  evidence and shall be paid a performance of duty  disability  retirement
     3  benefit payable pursuant to this section.
     4    c.  Application for a performance of duty disability retirement allow-
     5  ance for such a member may be made by:
     6    1. Such member;
     7    2. The head of the department in which such member is employed; or
     8    3. Some person acting on behalf of and authorized by such member.
     9    d. After the filing of such an application such member shall be  given
    10  one or more medical examinations.
    11    e.  If  the  comptroller  determines  that the member is physically or
    12  mentally incapacitated for the performance  of  duty  and  ought  to  be
    13  retired  for  performance  of  duty  disability, such member shall be so
    14  retired.  Such retirement shall be effective as of a  date  approved  by
    15  the comptroller.
    16    f. The retirement allowance payable upon retirement for performance of
    17  duty  disability  shall  consist  of a pension of one-half of his or her
    18  final average salary plus an annuity which shall be the actuarial equiv-
    19  alent of such member's accumulated contributions, if any.
    20    g. If the member, at the time of the filing of  an  application  under
    21  the  provisions  of  subdivision  c  of  this section, is eligible for a
    22  service retirement benefit, then and in  that  event,  such  member  may
    23  simultaneously  file an application for service retirement in accordance
    24  with the provisions of section seventy of this  article,  provided  that
    25  the member indicates on the application for service retirement that such
    26  application  is  filed without prejudice to the application for perform-
    27  ance of duty disability retirement.
    28    h. Any benefit provided pursuant to this section shall not be  consid-
    29  ered  as  an accidental disability benefit within the meaning of section
    30  sixty-four of this title.  Any benefit payable pursuant to the  workers'
    31  compensation  law  to a member receiving a disability allowance pursuant
    32  to this section shall be in addition to such retirement  for  disability
    33  incurred in performance of duty allowance.
    34    §  63-h.  Certain impairments of health; presumption. a. Any member of
    35  the retirement system employed by the division  of  military  and  naval
    36  affairs  shall  be eligible to retire pursuant to the provisions of this
    37  section if he or she is an airport firefighter apprentice, airport fire-
    38  fighter I, airport firefighter II, airport firefighter III  or  training
    39  and safety officer.
    40    b.  Notwithstanding any provision of this chapter or of any general or
    41  special law to the contrary,  any  condition  of  impairment  of  health
    42  caused  by:  (1)  diseases of the heart; or (2) any (i) melanoma or (ii)
    43  condition of cancer affecting the lymphatic,  digestive,  hematological,
    44  urinary,  neurological, breast, reproductive or prostate systems result-
    45  ing in disability  to  a  member  covered  by  this  section,  presently
    46  employed  and  who shall have sustained such disability as the result of
    47  an accident not caused by his or her own willful negligence sustained in
    48  such service and while actually a member of the retirement  system,  who
    49  successfully  passed  a physical examination on entry into service as an
    50  airport firefighter apprentice, airport  firefighter  I,  airport  fire-
    51  fighter II, airport firefighter III or training and safety officer which
    52  examination  failed to disclose evidence of any disease or other impair-
    53  ment of the heart or such melanoma or condition,  shall  be  presumptive
    54  evidence that such disability or death (A) was caused by the natural and
    55  proximate  result  of  an accident, not caused by such firefighter's own
    56  negligence and (B) was incurred in  the  performance  and  discharge  of

        S. 6529                             3
     1  duty,  unless  the contrary be proven by competent evidence and shall be
     2  paid a performance of duty disability retirement allowance equal to that
     3  which is provided in section sixty-three of this title, subject  to  the
     4  provisions of section sixty-four of this title.
     5    c.  Notwithstanding any provision of this chapter or of any general or
     6  special law to the contrary,  any  condition  of  impairment  of  health
     7  caused  by  diseases  of  the  lung, resulting in disability to a member
     8  covered by this section, presently employed and while actually a  member
     9  of the retirement system, who successfully passed a physical examination
    10  on  entry  into  service  as  an airport firefighter apprentice, airport
    11  firefighter I, airport firefighter II, airport firefighter III or train-
    12  ing and safety officer, which examination failed to disclose evidence of
    13  any disease or other  impairment  of  the  lung,  shall  be  presumptive
    14  evidence that such disability or death (1) was caused by the natural and
    15  proximate  result  of  an accident, not caused by such firefighter's own
    16  negligence and (2) was incurred in  the  performance  and  discharge  of
    17  duty,  unless  the contrary be proven by competent evidence and shall be
    18  paid a performance of duty disability retirement allowance equal to that
    19  which is provided in section sixty-three of this title, subject  to  the
    20  provisions of section sixty-four of this title.
    21    §  2.  The retirement and social security law is amended by adding two
    22  new sections 607-i and 607-j to read as follows:
    23    § 607-i. Performance of duty disability retirement. a. Any  member  of
    24  the  retirement  system  employed  by the division of military and naval
    25  affairs shall be eligible to retire pursuant to the provisions  of  this
    26  section if he or she is an airport firefighter apprentice, airport fire-
    27  fighter  I,  airport firefighter II, airport firefighter III or training
    28  and safety officer.
    29    b. Notwithstanding any provision of this chapter or of any general  or
    30  special  law  to  the  contrary,  any  member  who becomes physically or
    31  mentally incapacitated as the result of a disability from any  condition
    32  of impairment of health caused by: (1) diseases of the heart; or (2) any
    33  (i) melanoma or (ii) condition of cancer affecting the lymphatic, diges-
    34  tive,  hematological,  urinary,  neurological,  breast,  reproductive or
    35  prostate systems, who is presently employed and who shall have sustained
    36  such disability while so employed and while actually  a  member  of  the
    37  retirement  system,  who  successfully  passed a physical examination on
    38  entry into service as an airport firefighter apprentice,  airport  fire-
    39  fighter  I,  airport firefighter II, airport firefighter III or training
    40  and safety officer, which examination failed to disclose evidence of any
    41  disease or other impairment of the heart or such melanoma or  condition,
    42  shall  be  presumptive  evidence  that  such disability or death (A) was
    43  caused by the natural and proximate result of an accident, not caused by
    44  such firefighter's own negligence and (B) was incurred in  the  perform-
    45  ance  and  discharge of duty, unless the contrary be proven by competent
    46  evidence and shall be paid a performance of duty  disability  retirement
    47  benefit payable pursuant to this section.
    48    c.  Application for a performance of duty disability retirement allow-
    49  ance for such a member may be made by:
    50    1. Such member;
    51    2. The head of the department in which such member is employed; or
    52    3. Some person acting on behalf of and authorized by such member.
    53    d.  After the filing of such an application such member shall be given
    54  one or more medical examinations.
    55    e. If the comptroller determines that  the  member  is  physically  or
    56  mentally  incapacitated  for  the  performance  of  duty and ought to be

        S. 6529                             4
     1  retired for performance of duty disability,  such  member  shall  be  so
     2  retired. Such retirement shall be effective as of a date approved by the
     3  comptroller.
     4    f. The retirement allowance payable upon retirement for performance of
     5  duty  disability  shall  consist  of a pension of one-half of his or her
     6  final average salary plus an annuity which shall be the actuarial equiv-
     7  alent of such member's accumulated contributions, if any.
     8    g. If the member, at the time of the filing of  an  application  under
     9  the  provisions  of  subdivision  c  of  this section, is eligible for a
    10  service retirement benefit, then and in  that  event,  such  member  may
    11  simultaneously  file an application for service retirement in accordance
    12  with the provisions of section seventy of this  chapter,  provided  that
    13  the member indicates on the application for service retirement that such
    14  application  is  filed without prejudice to the application for perform-
    15  ance of duty disability retirement.
    16    h. Any benefit provided pursuant to this section shall not be  consid-
    17  ered  as  an accidental disability benefit within the meaning of section
    18  sixty-four of this chapter. Any benefit payable pursuant to the workers'
    19  compensation law to a member receiving a disability  allowance  pursuant
    20  to  this  section shall be in addition to such retirement for disability
    21  incurred in performance of duty allowance.
    22    § 607-j. Certain impairments of health; presumption. a. Any member  of
    23  the  retirement  system  employed  by the division of military and naval
    24  affairs shall be eligible to retire pursuant to the provisions  of  this
    25  section if he or she is an airport firefighter apprentice, airport fire-
    26  fighter  I,  airport firefighter II, airport firefighter III or training
    27  and safety officer.
    28    b. Notwithstanding any provision of this chapter or of any general  or
    29  special  law  to  the  contrary,  any  condition of impairment of health
    30  caused by: (1) diseases of the heart; or (2) any (i)  melanoma  or  (ii)
    31  condition  of  cancer affecting the lymphatic, digestive, hematological,
    32  urinary, neurological, breast, reproductive or prostate systems  result-
    33  ing  in  disability  to  a  member  covered  by  this section, presently
    34  employed and who shall have sustained such disability as the  result  of
    35  an accident not caused by his or her own willful negligence sustained in
    36  such  service  and while actually a member of the retirement system, who
    37  successfully passed a physical examination on entry into service  as  an
    38  airport  firefighter  apprentice,  airport  firefighter I, airport fire-
    39  fighter II, airport firefighter III or training and safety officer which
    40  examination failed to disclose evidence of any disease or other  impair-
    41  ment  of  the  heart or such melanoma or condition, shall be presumptive
    42  evidence that such disability or death (A) was caused by the natural and
    43  proximate result of an accident, not caused by  such  firefighter's  own
    44  negligence  and  (B)  was  incurred  in the performance and discharge of
    45  duty, unless the contrary be proven by competent evidence and  shall  be
    46  paid a performance of duty disability retirement allowance equal to that
    47  which is provided in section sixty-three of this chapter, subject to the
    48  provisions of sections sixty-three and sixty-four of this chapter.
    49    c.  Notwithstanding any provision of this chapter or of any general or
    50  special law to the contrary,  any  condition  of  impairment  of  health
    51  caused  by  diseases  of  the  lung, resulting in disability to a member
    52  covered by this section, presently employed and while actually a  member
    53  of the retirement system, who successfully passed a physical examination
    54  on  entry  into  service  as  an airport firefighter apprentice, airport
    55  firefighter I, airport firefighter II, airport firefighter III or train-
    56  ing and safety officer, which examination failed to disclose evidence of

        S. 6529                             5
     1  any disease or other  impairment  of  the  lung,  shall  be  presumptive
     2  evidence that such disability or death (1) was caused by the natural and
     3  proximate  result  of  an accident, not caused by such firefighter's own
     4  negligence  and  (2)  was  incurred  in the performance and discharge of
     5  duty, unless the contrary be proven by competent evidence and  shall  be
     6  paid a performance of duty disability retirement allowance equal to that
     7  which is provided in section sixty-three of this chapter, subject to the
     8  provisions of section sixty-four of this chapter.
     9    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  grant improved disability pensions to airport fire-
        fighters and training and safety officers in the New York State division
        of military and naval affairs who sustain a disability related to  heart
        disease,  lung disease and certain forms of cancer. This bill would help
        individuals who sustained such disabilities to establish the presumption
        that they were incurred in the performance and discharge of duty, unless
        the contrary be proven by competent evidence. The benefit for a heart or
        cancer related accidental disability, or a lung disease related perform-
        ance of duty disability would be 75% of final average salary (FAS) minus
        worker's compensation (WC).
          If this bill is enacted, the disability benefits of  affected  members
        with  heart,  lung or certain cancer related disabilities would increase
        from approximately 1/3 of FAS to 75% of  FAS  minus  WC.  The  estimated
        increase  in  the  annual contributions of the state of New York for the
        fiscal year ending March 31, 2018 would be approximately $24,000.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of $202,000 which will be  borne  by  the
        state  of  New York as a one-time payment. This estimate is based on the
        assumption that payment will be made on February 1, 2018.
          These estimated costs are based on 61 members having an annual  salary
        for the fiscal year ending March 31, 2016 of approximately $3.7 million.
          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, 2016  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2016
        Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2015
        and 2016 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, 2016
        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  estimate,  dated  May 26, 2017, and intended for use only during
        the 2017 Legislative Session, is Fiscal Note No.  2017-60,  prepared  by
        the Actuary for the New York State and Local Retirement System.
feedback