Bill Text: NY S08782 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to disability benefits for firefighters employed by the division of military and naval affairs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-16 - REFERRED TO CIVIL SERVICE AND PENSIONS [S08782 Detail]
Download: New_York-2017-S08782-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8782 IN SENATE May 16, 2018 ___________ 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, who is presently 12 employed and who shall have sustained such disability while so employed 13 and while actually a member of the retirement system, provided that such 14 disability or death (A) was caused by the natural and proximate result 15 of a disability, not caused by such firefighter's own willful negligence 16 and (B) was incurred in the performance and discharge of duty, unless 17 the contrary be proven by competent evidence, shall be paid a perform- 18 ance of duty disability retirement benefit payable pursuant to this 19 section. 20 c. Application for a performance of duty disability retirement allow- 21 ance for such a member may be made by: 22 1. Such member; 23 2. The head of the department in which such member is employed; or 24 3. Some person acting on behalf of and authorized by such member. 25 d. After the filing of such an application such member shall be given 26 one or more medical examinations. If the comptroller determines that 27 the member is physically or mentally incapacitated for the performance EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09309-06-8S. 8782 2 1 of duty and ought to be retired for performance of duty disability, such 2 member shall be so retired. Such retirement shall be effective as of a 3 date approved by the comptroller. 4 e. 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 f. 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 article, 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 g. 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 title. 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 § 63-h. 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, who successfully passed a physical examination on entry into 35 service as an airport firefighter apprentice, airport firefighter I, 36 airport firefighter II, airport firefighter III or training and safety 37 officer which examination failed to reveal evidence of any disease or 38 other impairment of the heart or such melanoma or condition, shall be 39 presumptive evidence that it was incurred in the performance and 40 discharge of duty, unless the contrary be proven by competent evidence 41 and shall be paid a performance of duty disability retirement allowance 42 equal to that which is provided in section sixty-three of this title, 43 subject to the provisions of section sixty-four of this title. 44 c. Notwithstanding any provision of this chapter or of any general or 45 special law to the contrary, any condition of impairment of health 46 caused by diseases of the lung, resulting in disability to a member 47 covered by this section, presently employed, who successfully passed a 48 physical examination on entry into service as an airport firefighter 49 apprentice, airport firefighter I, airport firefighter II, airport fire- 50 fighter III or training and safety officer, which examination failed to 51 disclose evidence of any disease or other impairment of the lung, shall 52 be presumptive evidence that it was incurred in the performance and 53 discharge of duty, unless the contrary be proven by competent evidence 54 and shall be paid a performance of duty disability retirement allowance 55 equal to that which is provided in section sixty-three of this title, 56 subject to the provisions of section sixty-four of this title.S. 8782 3 1 d. After the filing of an application such member shall be given one 2 or more medical examinations. If the comptroller determines that the 3 member is physically or mentally incapacitated for the performance of 4 duty and ought to be retired for performance of duty disability, such 5 member shall be so retired. Such retirement shall be effective as of a 6 date approved by the comptroller. 7 e. If the member, at the time of the filing of such application, is 8 eligible for a service retirement benefit, then and in that event, such 9 member may simultaneously file an application for service retirement, 10 provided that the member indicates on the application for service 11 retirement that such application is filed without prejudice to the 12 application for performance of duty disability retirement. 13 § 2. The retirement and social security law is amended by adding two 14 new sections 607-i and 607-j to read as follows: 15 § 607-i. Performance of duty disability retirement. a. Any member of 16 the retirement system employed by the division of military and naval 17 affairs shall be eligible to retire pursuant to the provisions of this 18 section if he or she is an airport firefighter apprentice, airport fire- 19 fighter I, airport firefighter II, airport firefighter III or training 20 and safety officer. 21 b. Notwithstanding any provision of this chapter or of any general or 22 special law to the contrary, any member who becomes physically or 23 mentally incapacitated as the result of a disability, who is presently 24 employed and who shall have sustained such disability while so employed 25 and while actually a member of the retirement system, provided that such 26 disability or death (A) was caused by the natural and proximate result 27 of a disability, not caused by such firefighter's own willful negligence 28 and (B) was incurred in the performance and discharge of duty, unless 29 the contrary be proven by competent evidence, shall be paid a perform- 30 ance of duty disability retirement benefit payable pursuant to this 31 section. 32 c. Application for a performance of duty disability retirement allow- 33 ance for such a member may be made by: 34 1. Such member; 35 2. The head of the department in which such member is employed; or 36 3. Some person acting on behalf of and authorized by such member. 37 d. After the filing of such an application such member shall be given 38 one or more medical examinations. If the comptroller determines that 39 the member is physically or mentally incapacitated for the performance 40 of duty and ought to be retired for performance of duty disability, such 41 member shall be so retired. Such retirement shall be effective as of a 42 date approved by the comptroller. 43 e. The retirement allowance payable upon retirement for performance of 44 duty disability shall consist of a pension of one-half of his or her 45 final average salary plus an annuity which shall be the actuarial equiv- 46 alent of such member's accumulated contributions, if any. 47 f. If the member, at the time of the filing of an application under 48 the provisions of subdivision c of this section, is eligible for a 49 service retirement benefit, then and in that event, such member may 50 simultaneously file an application for service retirement in accordance 51 with the provisions of section seventy of this chapter, provided that 52 the member indicates on the application for service retirement that such 53 application is filed without prejudice to the application for perform- 54 ance of duty disability retirement. 55 g. Any benefit provided pursuant to this section shall not be consid- 56 ered as an accidental disability benefit within the meaning of sectionS. 8782 4 1 sixty-four of this chapter. Any benefit payable pursuant to the workers' 2 compensation law to a member receiving a disability allowance pursuant 3 to this section shall be in addition to such retirement for disability 4 incurred in performance of duty allowance. 5 § 607-j. Certain impairments of health; presumption. a. Any member of 6 the retirement system employed by the division of military and naval 7 affairs shall be eligible to retire pursuant to the provisions of this 8 section if he or she is an airport firefighter apprentice, airport fire- 9 fighter I, airport firefighter II, airport firefighter III or training 10 and safety officer. 11 b. Notwithstanding any provision of this chapter or of any general or 12 special law to the contrary, any condition of impairment of health 13 caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii) 14 condition of cancer affecting the lymphatic, digestive, hematological, 15 urinary, neurological, breast, reproductive or prostate systems result- 16 ing in disability to a member covered by this section, presently 17 employed, who successfully passed a physical examination on entry into 18 service as an airport firefighter apprentice, airport firefighter I, 19 airport firefighter II, airport firefighter III or training and safety 20 officer which examination failed to reveal evidence of any disease or 21 other impairment of the heart or such melanoma or condition, shall be 22 presumptive evidence that it was incurred in the performance and 23 discharge of duty, unless the contrary be proven by competent evidence 24 and shall be paid a performance of duty disability retirement allowance 25 equal to that which is provided in section sixty-three of this chapter, 26 subject to the provisions of sections sixty-three and sixty-four of this 27 chapter. 28 c. 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 diseases of the lung, resulting in disability to a member 31 covered by this section, presently employed, who successfully passed a 32 physical examination on entry into service as an airport firefighter 33 apprentice, airport firefighter I, airport firefighter II, airport fire- 34 fighter III or training and safety officer, which examination failed to 35 disclose evidence of any disease or other impairment of the lung, shall 36 be presumptive evidence that it was incurred in the performance and 37 discharge of duty, unless the contrary be proven by competent evidence 38 and shall be paid a performance of duty disability retirement allowance 39 equal to that which is provided in section sixty-three of this chapter, 40 subject to the provisions of section sixty-four of this chapter. 41 d. After the filing of an application such member shall be given one 42 or more medical examinations. If the comptroller determines that the 43 member is physically or mentally incapacitated for the performance of 44 duty and ought to be retired for performance of duty disability, such 45 member shall be so retired. Such retirement shall be effective as of a 46 date approved by the comptroller. 47 e. If the member, at the time of the filing of such application, is 48 eligible for a service retirement benefit, then and in that event, such 49 member may simultaneously file an application for service retirement, 50 provided that the member indicates on the application for service 51 retirement that such application is filed without prejudice to the 52 application for performance of duty disability retirement. 53 § 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 divisionS. 8782 5 of military and naval affairs who sustain a disability in the perform- ance of their duties equal to 50% of final average salary (FAS), or 75% of FAS less worker's compensation (WC) when such disability is related to heart disease, lung disease, or certain forms of cancer, unless the contrary be proven by competent evidence. Currently, affected members are entitled to a disability benefit of approximately 1/3 of FAS. If this bill is enacted, the estimated increase in the annual contrib- utions of the state of New York would be approximately $85,000 for the fiscal year ending March 31, 2019. In addition to the annual contributions discussed above, there will be an immediate past service cost of $632,000 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 March 1, 2019. These estimated costs are based on 71 members having an annual salary for the fiscal year ending March 31, 2017 of approximately $3.9 million. Summary of relevant resources: The identities of the members who are affected by this legislation are not obtainable from our database. Job title code data provided by the Civil Service Employees Association was relied upon to identify affected members. The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2017 actuarial valu- ation. Distributions and other statistics can be found in the 2017 Report of the Actuary and the 2017 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in 2015, 2016, and 2017 Annual Report to the Comptroller on Actuarial Assump- tions, 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, 2017 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 10, 2018, and intended for use only during the 2018 Legislative Session, is Fiscal Note No. 2018-79, prepared by the Actuary for the New York State and Local Retirement System.