Bill Text: NY S07176 | 2013-2014 | General Assembly | Introduced

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Bill Title: Extends the filing deadline for active and retired firefighters to file for accidental disability retirement for World trade center conditions from 2 to 5 years.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2014-12-17 - VETOED MEMO.565 [S07176 Detail]

Download: New_York-2013-S07176-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7176
                                   I N  S E N A T E
                                      May 1, 2014
                                      ___________
       Introduced  by  Sen.  GOLDEN -- 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
         extending  the  filing deadline for active and retired firefighters to
         file for accidental disability retirement for certain injuries
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraph 2 of subdivision a of section 363 of the retire-
    2  ment and social security law, as amended by chapter 489 of the  laws  of
    3  2008, is amended to read as follows:
    4    2. Actually in service upon which his membership is based. However, in
    5  a  case  where  a  member is discontinued from service subsequent to the
    6  accident, either voluntarily or involuntarily,  and  provided  that  the
    7  member  meets  the  requirements  of  paragraph one of this subdivision,
    8  application may be made, either (a) by a vested member incapacitated  as
    9  the  result  of  a qualifying World Trade Center condition as defined in
   10  section two of this chapter at any time, or (b) not later than two years
   11  after the member is first discontinued from service.  PROVIDED, FURTHER,
   12  HOWEVER, THAT IN THE CASE OF AN APPLICATION FILED FOR  ACCIDENTAL  DISA-
   13  BILITY  BENEFITS PURSUANT TO SECTION THREE HUNDRED SIXTY-THREE-D OF THIS
   14  TITLE THE REQUIREMENTS FOR FILING FOR SUCH BENEFIT SHALL BE FIVE YEARS.
   15    S 2. This act shall take effect immediately and apply to all  applica-
   16  tions filed on or after such effective date.
         FISCAL NOTE.--Pursuant To Legislative Law, Section 50:
         This bill would extend the filing deadline from 2 years to 5 years for
       active  and  retired firefighters in the New York State and Local Police
       and Fire Retirement System to file an application for  accidental  disa-
       bility retirement due to certain cancers.
         If this bill is enacted, the cost would depend on age, service, salary
       and  plan  of  the affected firefighters, as well as whether such person
       would have otherwise been eligible for, or has been receiving  an  ordi-
       nary  disability,  a performance of duty disability or a service retire-
       ment.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14926-01-4
       S. 7176                             2
         For those who apply for this benefit subsequent to a  service  retire-
       ment,  it is estimated that there would be an average per person cost of
       approximately 1.5 times final average salary. For those who apply subse-
       quent to a performance of duty retirement, it is  estimated  that  there
       would be an average per person cost of approximately 2 times final aver-
       age  salary.  For  those  who apply subsequent to an ordinary disability
       retirement, it is estimated that there would be an  average  per  person
       cost  of  approximately  4  times  final  average  salary. The number of
       members of retirees who could be affected by this legislation cannot  be
       readily  determined. These costs would be borne by the State of New York
       and all the participating employers in the  New  York  State  and  Local
       Police and Fire Retirement System.
         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 April 14, 2014, and intended for use only  during
       the  2014  Legislative Session, is Fiscal Note No. 2014-118, prepared by
       the Actuary for the New York State and Local Police and Fire  Retirement
       System.