Bill Text: NY S07216 | 2015-2016 | General Assembly | Amended

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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, capital police officers in the office of general services and forest rangers; 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: Partisan Bill (Republican 3-0)

Status: (Passed) 2016-11-14 - SIGNED CHAP.437 [S07216 Detail]

Download: New_York-2015-S07216-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7216--A
                    IN SENATE
                                      April 7, 2016
                                       ___________
        Introduced  by  Sens. FUNKE, GALLIVAN -- 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, forest rangers,
          and capital 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    §  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
    23  defined  in  paragraphs  a,  b, c, d, f (as added by chapter six hundred
    24  seventy-four of the laws of nineteen eighty-six), f (as added by chapter
    25  six hundred seventy-seven of the laws of nineteen eighty-six), g,  [and]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14917-03-6
        S. 7216--A                          2
     1  h and j of subdivision eleven of section three hundred two of this arti-
     2  cle,  and  who,  prior to entry into service as a [fireman or policeman]
     3  firefighter or police officer, successfully passed a  physical  examina-
     4  tion  which  failed to disclose evidence of any disease or other impair-
     5  ment of the heart.
     6    4. The provisions of this section  shall  remain  in  full  force  and
     7  effect  to  and including August thirty-first, nineteen hundred seventy-
     8  six.
     9    § 2. Subdivision 11 of section 302 of the retirement and social  secu-
    10  rity law is amended by adding a new paragraph j to read as follows:
    11    j. Service as a supervisor of forest ranger services; assistant super-
    12  visor  of  forest  ranger  services;  forest  ranger 3; forest ranger 2;
    13  forest ranger 1  employed  by  the  state  department  of  environmental
    14  conservation  or  sworn officer of the division of forest protection and
    15  fire management in the department of environmental conservation  respon-
    16  sible  for wild land search and rescue, wild land fire management in the
    17  state as prescribed in subdivision eighteen of section 9-0105 and  title
    18  eleven of article nine of the environmental conservation law, exercising
    19  care,  custody and control of state lands administered by the department
    20  of environmental conservation.
    21    § 3. The amendments made to section 363-a of the retirement and social
    22  security law by section one of this act shall  not  affect,  impair,  or
    23  invalidate any temporary right, privilege, or benefit conferred pursuant
    24  to  the provisions of a general, special or local law (other than pursu-
    25  ant to articles 14 and 15 of the retirement and social security law) for
    26  any member of a public retirement system or pension plan funded  by  the
    27  state  or  one  of  its political subdivisions, nor shall any amendments
    28  thereto affect the application of such provisions  as  extended  by  the
    29  provisions of section 480 of the retirement and social security law.
    30    § 4. 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 granting performance of duty disability benefits  for  heart
        disease  related disabilities. It would add a "heart bill" provision for
        police officers and forest rangers 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 would 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, 2015 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2015
        Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2015
        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, 2015
        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.
        S. 7216--A                          3
          This estimate, dated April 8, 2016, and intended for use  only  during
        the  2016  Legislative  Session, is Fiscal Note No. 2016-88, prepared by
        the Actuary for the New York State and Local Retirement System.