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S07693 Summary:

S07693 Actions:

S07693 Floor Votes:

S07693 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7693
 
                    IN SENATE
 
                                      May 29, 2014
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
 
        AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
          exchange  of  information  between the workers' compensation board and
          the New York city employees' retirement system
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Paragraph (c) of subdivision 4 of section 25 of the work-
     2  ers' compensation law, as amended by chapter 92 of the laws of 1973,  is
     3  amended to read as follows:
     4    (c) If the employer or comptroller of the state or city of New York or
     5  trustees  duly  constituted  under any welfare, pension or benefit plan,
     6  agreement or trust to which the injured employee is a party or of  which
     7  he  or  she  is  a beneficiary, and which plan, agreement or trust shall
     8  provide that the injured employee shall not be entitled to or  shall  be
     9  limited  in  the  amount of benefits or payments thereunder if he or she
    10  shall be entitled to benefits under this chapter, shall have advanced or
    11  paid benefits or payments thereunder to the injured employee during  any

    12  period  in which his or her right to benefits under this chapter was not
    13  determined, then and in such event such employer or comptroller  of  the
    14  state or city of New York or trustees shall be entitled to be reimbursed
    15  out  of  the  unpaid  instalment  or  instalments  of  compensation due,
    16  provided claim therefor is filed together with proof  of  the  terms  of
    17  said plan, agreement or trust and of the fact and amount of payment with
    18  the  board  before  award  of  compensation  is  made. The New York city
    19  employees' retirement system shall provide to the  board  on  a  monthly
    20  basis  a  listing in an electronic format including the names and social
    21  security numbers of injured employees to whom benefit payments were paid
    22  or advanced by such system and whose benefit  payments  are  limited  by

    23  workers'  compensation  benefits  awarded  under this chapter. The board
    24  shall verify which injured employees have been awarded workers'  compen-
    25  sation  benefits  and return the listing to the New York city employees'
    26  retirement system including, but not limited to, the following  informa-
    27  tion  relating to the award for each injured employee: date of accident,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15425-01-4
        S. 7693                             2
 
     1  board case number, carrier identification number, carrier  case  number,

     2  beginning  and ending dates of disability, payment interval, and payment
     3  amount. The board shall return the listing to the New York city  employ-
     4  ees' retirement system no later than fourteen days after its receipt.
     5    § 2. This act shall take effect immediately.
          FISCAL  NOTE.  --  PROVISIONS  OF  PROPOSED LEGISLATION: This proposed
        legislation  would  amend  Workers'  Compensation  Law  ("WCL")  Section
        25.4(c)  to require that the Workers' Compensation Board ("WCB") provide
        the New York City Employees' Retirement System ("NYCERS") with  informa-
        tion  relating  to Workers' Compensation benefits awarded to retirees of
        NYCERS whose pension payments are subject to an offset  by  those  bene-
        fits.
          Currently,  WCL  Section  25 allows NYCERS to file claims with the WCB

        for reimbursement of pension benefit payments advanced or paid to  reti-
        rees before Workers' Compensation benefits are awarded. However, confir-
        mation  of  which  retirees have received Workers' Compensation benefits
        has not been forthcoming which has impacted NYCERS' ability to implement
        the offset provisions and initiate the claim process in a timely manner.
          This proposed legislation would authorize NYCERS to provide a  listing
        in  electronic  format  to  the WCB of injured employees to whom benefit
        payments were paid or advanced and whose benefit payments are offset  by
        Workers'  Compensation benefits with the requirement that the WCB verify
        which injured employees have been awarded Workers' Compensation benefits
        and return the listing to NYCERS with  certain  information  related  to
        their awards no later than fourteen days after its receipt.

          The  Effective  Date  of the proposed legislation would be the date of
        enactment.
          FINANCIAL IMPACT -  ACTUARIAL  PRESENT  VALUE  OF  BENEFITS,  EMPLOYER
        NORMAL COST, ACTUARIAL ACCRUED LIABILITY AND EMPLOYER CONTRIBUTIONS: The
        enactment  of  this proposed legislation is expected to result in little
        or no change in the Actuarial Present Value of Benefits, Employer Normal
        Cost, Actuarial Accrued Liability or employer contributions to NYCERS.
          The enactment of this proposed legislation would, however,  result  in
        more  accurate  and  timely  processing  of  certain  disability benefit
        payments from NYCERS.
          FINANCIAL IMPACT - ADMINISTRATIVE  EXPENSES:  The  enactment  of  this
        legislation  would  result in some administrative expenses to NYCERS and
        the WCB, offset by savings to NYCERS in the processing of certain  disa-
        bility benefit payouts.

          STATEMENT  OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief
        Actuary for the New York City Retirement Systems. I am a Fellow  of  the
        Society  of Actuaries and a Member of the American Academy of Actuaries.
        I meet the Qualification Standards of the American Academy of  Actuaries
        to render the actuarial opinion contained herein.
          FISCAL  NOTE  IDENTIFICATION:  This  estimate is intended for use only
        during the 2014 Legislative Session. It is Fiscal  Note  2014-02,  dated
        December  12,  2013, prepared by the Chief Actuary for the New York City
        Retirement Systems.