Bill Text: NY S08558 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-02 - SUBSTITUTED BY A4607B [S08558 Detail]

Download: New_York-2021-S08558-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8558

                    IN SENATE

                                     March 14, 2022
                                       ___________

        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-i to read as follows:
     3    § 63-i. 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-g to read as follows:
    21    §  605-g.  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.
                                                                   LBD08487-04-2
        S. 8558                             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. Notwithstanding any other provision of law to the contrary, none
    12  of the provisions of this act shall be subject  to  section  25  of  the
    13  retirement and social security law.
    14    § 4. 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 (NYSLERS) 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  3/4 of final average salary (FAS) less worker's compensation.
        For members in Tiers 3-6 who are covered under the provisions of Article
        14-B of the Retirement and Social Security Law (RSSL), 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.
        The provisions of Section 25 of the RSSL will not apply.
          Insofar  as  this  bill  affects  the  NYSLERS, if this legislation is
        enacted during the 2022 legislative session, it would lead to more disa-
        bilities being classified as "accidental". The cost of the revised bene-
        fit will depend upon the applicant's age,  service,  salary,  plan,  and
        benefit type otherwise payable.
          However,  we  anticipate  that  few  additional  accidental disability
        retirements will be granted, and thus, the resulting costs are  expected
        to be negligible.
          All  costs  arising from this bill would be shared by the State of New
        York and all of the participating employers in the NYSLERS.
          Summary of relevant resources:
          Membership data as of March 31, 2021 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        and 2021 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, 2021
        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.
        S. 8558                             3

          This  estimate,  dated  December  17,  2021, and intended for use only
        during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-31,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.