Provides a heart disease presumption for members employed as a probation officer, supervising probation officer or probation officer trainee of a department of probation in a city with a population of one million or more.
STATE OF NEW YORK
________________________________________________________________________
10149
IN ASSEMBLY
February 12, 2026
___________
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
providing a heart disease presumption for certain members employed as
probation officers
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 607-m to read as follows:
3 § 607-m. Disabilities of probation officers in certain cases. 1.
4 Notwithstanding the provisions of any general, special or local law or
5 administrative code to the contrary, but except for the purposes of the
6 workers' compensation law and the labor law, any condition of impairment
7 of health caused by diseases of the heart, resulting in total or partial
8 disability or death to a person performing the duties of a probation
9 officer, supervising probation officer or probation officer trainee the
10 department of probation in a city with a population of one million or
11 more, who successfully passed a physical examination on entry into such
12 service or subsequent thereto, which examination failed to reveal any
13 evidence of such condition, shall be presumptive evidence that it was
14 incurred in the performance and discharge of duty, unless the contrary
15 be proved by competent evidence.
16 2. Notwithstanding any other provision of law, a probation officer,
17 supervising probation officer or probation officer trainee of a depart-
18 ment of probation in a city with a population of one million or more
19 retiring pursuant to the provisions of subdivision one of this section
20 shall receive a pension equal to three-fourths of such member's final
21 average salary.
22 § 2. All past service costs associated with implementing the
23 provisions of this act shall be borne by the city of New York.
24 § 3. Notwithstanding any provision of law to the contrary, none of the
25 provisions of this act shall be subject to the appropriation requirement
26 of section 25 of the retirement and social security law.
27 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07116-04-6
A. 10149 2
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would provide to NYCERS Tier 4 and
Tier 6 Probation Officers a rebuttable statutory presumption that a
qualifying disability or death related to heart disease was incurred in
the performance of duty and provide a performance of duty disability
retirement benefit equal to 75% of Final Average Salary or applicable
accidental death benefit.
ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Thousands)
One Incident One Incident Per Year
Year Disability Death Disability Death
2027 43 33 43 33
2028 43 33 88 66
2029 43 33 134 101
2030 43 33 181 137
2031 43 33 230 174
2032 43 33 281 212
2033 43 33 332 251
2034 43 33 386 291
2035 43 33 441 333
2036 43 33 497 375
2037 43 33 556 419
2038 43 33 616 465
2039 43 33 677 511
2040 43 33 741 560
2041 0 0 763 576
2042 0 0 786 594
2043 0 0 810 611
2044 0 0 834 630
2045 0 0 859 649
2046 0 0 885 668
2047 0 0 912 688
2048 0 0 939 709
2049 0 0 967 730
2050 0 0 996 752
2051 0 0 1,026 774
Employer contribution impact beyond Fiscal Year 2051 is not shown.
The potential increases in employer contributions will be allocated to
New York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Thousands)
Present Value (PV) Per Disability Per Death
(1) PV of Employer Contributions: 367 277
(2) PV of Employee Contributions: (15)0
Total PV of Benefits (1) + (2): 352 277
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL per incident would be recognized as ongoing gain/loss.
A. 10149 3
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
Recognized as Ongoing Gain/Loss Per Disability Per Death
Increase (Decrease) in UAL: 367 K 277 K
Number of Payments: 14 14
Amortization Payment: 43 K 33 K
CENSUS DATA: The number of members who will benefit in the future from
this proposed legislation is unknown. The estimates presented herein are
based on preliminary census data collected as of June 30, 2025. The
census data for the potentially impacted population used to develop the
average costs is summarized below.
NYCERS
Active Members
- Number Count: 555
- Average Age: 46.9
- Average Service: 14.2
- Average Salary: 83,400
IMPACT ON MEMBER BENEFITS: Currently, active Tier 4 or Tier 6 members
of NYCERS who are employed as Probation Officers and become disabled due
to heart disease would generally be eligible for an applicable ordinary
disability retirement after attaining 10 years of service. The disabili-
ty benefit is generally a lifetime payment equal to the greatest of 1/3
of Final Average Salary (FAS), 1/60th of FAS times service, or the
service retirement benefit, if eligible.
Under the proposed legislation, the performance of duty disability
benefit for Tier 4 or Tier 6 Probation Officer members who are disabled
from heart disease would be equal to 75% of FAS without an offset for
Workers' Compensation.
The ordinary death benefit for NYCERS Probation Officers is a lump sum
payment generally equal to three times the member's salary, plus a
refund of member contributions. Under the proposed legislation, the
performance of duty death benefit would generally be equal to a lifetime
benefit of 50% of a member's wages earned during their last year of
service, payable to certain beneficiaries.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems.
The number of members who will benefit from this proposed legislation
is unknown. The cost of this proposed legislation could vary greatly
depending on the number of future members who benefit and on their
length of service, age, and salary history. In particular, the increase
would be greater for a member who is not yet eligible for an ordinary
disability benefit when disabled.
The estimated financial impact for disabled members has been calcu-
lated assuming 50% would have retired under the current ordinary disa-
bility benefit, and 50% would have continued working if the proposed
legislation were not passed.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
A. 10149 4
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-01 dated January 15,
2026 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds and is intended for use only during the 2026
Legislative Session.
