Expands disability benefits for firefighters who suffered any condition or impairment of health caused by endocrine/thyroid cancer resulting in total or partial disability.
STATE OF NEW YORK
________________________________________________________________________
9933
IN ASSEMBLY
April 26, 2024
___________
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
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
A. 9933 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.
