STATE OF NEW YORK
________________________________________________________________________
4454--B
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. ABBATE, GRIFFIN -- read once and referred to the
Committee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the retirement and social security law, in relation to
providing a lung 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 is a
7 member of the New York state and local employees' retirement system and
8 contracts any condition of impairment of health caused by diseases of
9 the lung, resulting in disability or death to such correction officer,
10 correction supervisor, deputy sheriff patrol or deputy sheriff patrol
11 supervisor, presently employed, and who shall have sustained such disa-
12 bility while so employed, shall be presumptive eviden discharge of duty
13 and the natural and proximate result of an accident, unless the contrary
14 be proved by competent evidence; provided, however, that prior to entry
15 into service, such correction officer, correction supervisor, deputy
16 sheriff patrol or deputy sheriff patrol supervisor successfully passed a
17 physical examination which failed to disclose evidence of any disease or
18 other impairment of the lung.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08529-07-2
A. 4454--B 2
1 § 2. The retirement and social security law is amended by adding a new
2 section 605-g to read as follows:
3 § 605-g. Disability benefits; certain disabilities. Notwithstanding
4 any provision of this chapter or of any general, special or local law to
5 the contrary, any member who is a correction officer, correction super-
6 visor, deputy sheriff patrol or deputy sheriff patrol supervisor who is
7 a member of the New York state and local employees' retirement system
8 and contracts any condition of impairment of health caused by diseases
9 of the lung, resulting in disability or death to such correction offi-
10 cer, correction supervisor, deputy sheriff patrol or deputy sheriff
11 patrol supervisor, presently employed, and who shall have sustained such
12 disability while so employed, shall be presumptive evidence that such
13 disability was incurred in the performance and discharge of duty and the
14 natural and proximate result of an accident, unless the contrary be
15 proved by competent evidence; provided, however, that prior to entry
16 into service, such correction officer, correction supervisor, deputy
17 sheriff patrol or deputy sheriff patrol supervisor successfully passed a
18 physical examination which failed to disclose evidence of any disease or
19 other impairment of the lung.
20 § 3. Notwithstanding any other provision of law to the contrary, none
21 of the provisions of this act shall be subject to section 25 of the
22 retirement and social security law.
23 § 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 lung disease as the 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.
If this bill is enacted, it would lead to more disabilities being
classified as "accidental". The cost of the revised benefit will depend
upon the applicant's age, service, salary, plan, and benefit type other-
wise 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.
A. 4454--B 3
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.
This estimate, dated December 22, 2022, and intended for use only
during the 2022 Legislative Session, is Fiscal Note No. 2022-47,
prepared by the Actuary for the New York State and Local Retirement
System.
