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A10723 Summary:

BILL NOA10723
 
SAME ASSAME AS S08782
 
SPONSORAbbate
 
COSPNSR
 
MLTSPNSR
 
Add 63-g, 63-h, 607-i & 607-j, R & SS L
 
Relates to disability benefits for firefighters employed by the division of military and naval affairs.
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A10723 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10723
 
SPONSOR: Abbate
  TITLE OF BILL: 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   PURPOSE: This bill would grant more equitable disability pensions to airport firefighters and training and safety officers in New York State division of military and naval affairs who sustain a disability related to heart disease, lung disease and certain forms of cancer.   SUMMARY OF PROVISIONS: Section one amends the retirement and social security law by adding two new sections 63-g and 63-h which establish that any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, firefighter I, airport firefighter II, airport firefighter III or training and safety officer. Section two amends the social security law to establish that any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, firefighter I, airport firefighter II, airport firefighter III or training and safe- ty officer. Section three establishes the effective date.   JUSTIFICATION: This bill would grant improved disability pensions to airport firefight- ers and training and safety officers in New York State division of mili- tary and naval affairs who sustain a disability related to hem 1 disease, lung disease and certain forms of cancer. Currently, benefits are approximately 1/3 of final average salary (FAS), and this bill would increase benefits to 50 percent or 75 percent of FAS. Furthermore, the bill would help individuals who sustain such disabilities to establish the presumption that they were incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence. This piece of legislation will help to ensure these brave men and women receive the care they deserve.   LEGISLATIVE HISTORY: 2017: A. 8326 - Veto Memo 246 2016: S.8071 - Veto Memo. 261 2008: S.7934 - 3rd Reading Calendar/A.11111 - Passed Assembly. 2007: Veto 61   FISCAL IMPLICATIONS: The disability benefits of affected members with heart, lung of certain cancer related disabilities would increase from approximately 1/3 of final average salary (FAS) to 75% of FAS. The estimated increase in the annual contributions of the State of New York would be approximately $85,000.   EFFECTIVE DATE: This act shall take effect immediately.
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A10723 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10723
 
                   IN ASSEMBLY
 
                                      May 15, 2018
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        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.
                                                                   LBD09309-06-8

        A. 10723                            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.

        A. 10723                            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  section

        A. 10723                            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 division

        A. 10723                            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.
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