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A05710 Summary:

BILL NOA05710
 
SAME ASSAME AS S07519
 
SPONSORPheffer Amato
 
COSPNSRFall, Santabarbara, Colton, Buttenschon
 
MLTSPNSR
 
Amd §363-a, R & SS L
 
Includes SUNY police officers for purposes of presumption regarding impairment caused by heart disease.
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A05710 Actions:

BILL NOA05710
 
03/22/2023referred to governmental employees
04/18/2023reported referred to ways and means
06/08/2023reported referred to rules
06/08/2023reported
06/08/2023rules report cal.703
06/08/2023ordered to third reading rules cal.703
06/08/2023passed assembly
06/08/2023delivered to senate
06/08/2023REFERRED TO RULES
06/09/2023SUBSTITUTED FOR S7519
06/09/20233RD READING CAL.1856
06/09/2023PASSED SENATE
06/09/2023RETURNED TO ASSEMBLY
11/29/2023delivered to governor
12/08/2023vetoed memo.89
12/08/2023tabled
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A05710 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5710
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 22, 2023
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees
 
        AN ACT to amend the retirement and social security law, in  relation  to
          certain  disabilities  of  university police officers appointed by the
          state university of New York

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 363-a of the retirement and social
     2  security  law, as amended by chapter 437 of the laws of 2016, is amended
     3  to read as follows:
     4    3. As used in this section, the terms "firefighter" and "police  offi-
     5  cer"  mean  any  member who is performing police or fire service, as the
     6  phrase police or fire service is defined in paragraphs a, b, c, d, f (as
     7  added by chapter six hundred seventy-four of the laws of nineteen eight-
     8  y-six), f (as added by chapter six hundred seventy-seven of the laws  of
     9  nineteen  eighty-six),  g,  h,  i and j of subdivision eleven of section
    10  three hundred two of this article, and who, prior to entry into  service
    11  as a firefighter or police officer, successfully passed a physical exam-
    12  ination  which  failed  to  disclose  evidence  of  any disease or other
    13  impairment of the heart.
    14    § 2. The amendments to section 363-a  of  the  retirement  and  social
    15  security  law  made by section one of this act shall not affect, impair,
    16  or invalidate any  temporary  right,  privilege,  or  benefit  conferred
    17  pursuant  to  the  provisions  of a general, special or local law (other
    18  than pursuant to articles 14 and 15 of the retirement and social securi-
    19  ty law) for any member of a public retirement  system  or  pension  plan
    20  funded  by the state or one of its political subdivisions, nor shall any
    21  amendments thereto affect the application of such provisions as extended
    22  by the provisions of section 480 of the retirement and  social  security
    23  law.
    24    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08361-02-3

        A. 5710                             2
 
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  is  a  technical  correction to Chapter 561 of the Laws of
        2015.   It would add a  "heart  bill"  performance  of  duty  disability
        provision  for  police  officers of the State University of New York who
        are members of the New York State and Local Police and  Fire  Retirement
        System (NYSLPFRS).
          If this legislation is enacted during the 2023 legislative session, it
        would  lead  to more disabilities being classified as "in performance of
        duty".
          However, we anticipate that few additional performance of  duty  disa-
        bility  retirements  will  be granted, and thus, the resulting costs are
        expected to be negligible.
          Summary of relevant resources:
          Membership data as of March 31, 2022 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al  valuation.  Distributions  and  other statistics can be found in the
        2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2020,
        2021, and 2022 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, 2022
        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 March 15, 2023, and intended for use only during
        the 2023 Legislative Session, is Fiscal Note No. 2023-104,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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