Bill Text: NY S09205 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands disability benefits for firefighters who suffered any condition or impairment of health caused by endocrine/thyroid cancer resulting in total or partial disability.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-06-04 - returned to senate [S09205 Detail]

Download: New_York-2023-S09205-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9205

                    IN SENATE

                                       May 6, 2024
                                       ___________

        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
          allowing  paid  firefighters  to  receive  disability   benefits   for
          endocrine/thyroid cancer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 363-d of the retirement and social security law, as
     2  amended by chapter 531 of the laws  of  2003,  is  amended  to  read  as
     3  follows:
     4    §  363-d.  Certain impairments of health; presumption. Notwithstanding
     5  any other provisions of this chapter to the contrary, any  (i)  melanoma
     6  or  (ii) condition of cancer affecting the lymphatic, digestive, hemato-
     7  logical, urinary, neurological, breast, reproductive,  endocrine/thyroid
     8  or  prostate  systems, resulting in total or partial disability or death
     9  to a paid firefighter, who successfully passed a physical examination on
    10  entry into firefighter service, which examination failed to  reveal  any
    11  evidence  of  such  melanoma or condition, shall be presumptive evidence
    12  that, unless the contrary be proven by competent evidence, such disabil-
    13  ity or death (a) was caused by the natural and proximate  result  of  an
    14  accident,  not  caused by such firefighter's own willful negligence, and
    15  (b) was  sustained  in  the  performance  and  discharge  of  duty.  The
    16  provisions of this section shall remain in full force and effect [to and
    17  including  the  thirtieth  day  of  June, two thousand five] pursuant to
    18  section four hundred eighty of this chapter.
    19    § 2. This act shall take effect immediately.
          FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
          This bill would amend Section 363-d of the Retirement and Social Secu-
        rity Law to provide an accidental disability presumption to firefighters
        who contract cancer affecting the endocrine/thyroid system, resulting in
        disability or death. Such presumption would provide that the disease was
        contracted during the performance and  discharge  of  duty  and  as  the
        result  of  an  accident, unless the contrary can be proved by competent
        evidence.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14511-03-4
        S. 9205                             2

          Insofar as this bill affects the New York State and Local  Police  and
        Fire Retirement System (NYSLPFRS), if this legislation is enacted during
        the  2024  Legislative  Session,  it would lead to more disabilities and
        deaths being classified as "accidental". The cost of the revised benefit
        will  depend  upon  the  applicant's age, service, salary, plan, and any
        benefit type otherwise payable but would average:

           Benefit prior       None         Ordinary     Performance
           to enactment:                    Disability   of Duty
           NYSLPFRS cost for   10 times     5.5 times    3 times
           proposed benefit:   salary       salary       salary

           Benefit prior       Service      Ordinary
           to enactment:       Retirement   Death
           NYSLPFRS cost for   2 times      salary
           proposed benefit:   13 times     salary

          Further, we anticipate that there could be some  administrative  costs
        to implement the provisions of this legislation.
          All  costs  arising from this bill would be shared by the State of New
        York and all the participating employers in the NYSLPFRS.
          Summary of relevant resources:
          Membership data as of March 31, 2023 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al  valuation.    Distributions and other statistics can be found in the
        2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2023
        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, 2023
        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.
          This  estimate,  dated April 9, 2024, and intended for use only during
        the 2024 Legislative Session, is Fiscal Note No. 2024-126,  prepared  by
        the Actuary for the New York State and Local Retirement System.