Provides that a member of a public retirement system who has been determined to have a permanent partial disability by the workers' compensation board of the state of New York, and who the United States social security administration has determined is disabled for substantial gainful activity, and approved for social security disability benefits, shall be deemed to be disabled for the purposes of eligibility for disability benefits of such public retirement system.
STATE OF NEW YORK
________________________________________________________________________
10172
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 disability presumption to members of public retirement
systems
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 810 to read as follows:
3 § 810. Disability presumption. Notwithstanding any other law, rule or
4 regulation to the contrary, a member of a public retirement system as
5 defined by subdivision a of section eight hundred of this article who
6 has been determined to have a permanent partial disability by the work-
7 ers' compensation board of the state of New York, or who the United
8 States social security administration has determined is disabled for
9 substantial gainful activity, and approved for social security disabili-
10 ty benefits, shall be deemed to be disabled for the purposes of eligi-
11 bility for disability benefits of such public retirement system.
12 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
Bill Description:
This fiscal note is prepared for legislative bill draft S.8052. This
bill would add a section 810 to the Retirement and Social Security Law
that would deem any member determined to have a permanent partial disa-
bility by the New York State Workers' Compensation Board, or determined
to be disabled for substantial gainful activity and eligible for Social
Security Disability benefits by the United States Social Security Admin-
istration, to be eligible for disability benefits from the New York
State Teachers' Retirement System (NYSTRS). Current statute, section 605
of the Retirement and Social Security Law, requires that a member be
physically or mentally incapacitated for the performance of gainful
employment to qualify for a disability benefit. The statute empowers
NYSTRS to make that determination and to that end, NYSTRS has a Medical
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11399-05-6
A. 10172 2
Board of board-certified physicians that meets monthly to review disa-
bility applications and medical files.
Cost:
The overall cost to the participating employers of the New York State
Teachers' Retirement System cannot be readily determined as the ultimate
number of disability retirements granted under this definition cannot be
determined at this time.
The System's average cost per individual member impacted is estimated
as follows:
Member Age Disability Benefit
30 $280,000 (4.5 times salary)
40 $350,000 (4.2 times salary)
50 $400,000 (3.8 times salary)
The actual cost per member would depend on the member's age, tier,
years of service, and salary. The costs above are determined based on
averages, so the actual cost for a member could be higher or lower.
Data:
Member data as of June 30, 2025, prepared for the most recent actuari-
al valuation was used in determining this cost. The most recent data
distributions and statistics can be found in the System's Annual Report
for the fiscal year ended June 30, 2025. System assets are as reported
in the System's financial statements which can be found in the System's
Annual Report. This data will also be provided in the System's Actuarial
Valuation Report as of June 30, 2025.
Methods and Assumptions:
A summary of actuarial assumptions and methods will be provided in the
System's Actuarial Valuation Report as of June 30, 2025. Further details
can be found in the most recent Recommended Actuarial Assumptions 2025
Report.
Actuarial Certification:
We, the undersigned actuaries for the New York State Teachers' Retire-
ment System, certify the following:
1. The actuarial assumptions, methods, and data used are reasonable
for the purposes of this fiscal note, internally consistent and are in
accordance with standards of practice prescribed by the Actuarial Stand-
ards Board and generally accepted actuarial principles and procedures.
2. We relied on member data supplied by the participating employers of
the New York State Teachers' Retirement System and assets as supplied in
the annual Financial Statements by NYSTRS' Finance Department.
3. Results were prepared based on our current understanding of the
proposal as of the date of this fiscal note. If the language or our
understanding of the proposal changes, the results could change and
require the issuance of a new fiscal note. The next annual update of the
actuarial valuation could also produce different results. Results should
not be relied upon for any other purpose.
4. This fiscal note was prepared in accordance with New York State
Retirement and Social Security Law, New York State Education Law, appli-
cable Internal Revenue Code, and accepted actuarial standards of prac-
tice as of the date of this fiscal note. This fiscal note does not
constitute a legal opinion on the viability of this legislative
proposal.
5. We are members of the American Academy of Actuaries and the Society
of Actuaries, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
A. 10172 3
We are currently compliant with the Continuing Professional Development
Requirement of the Society of Actuaries.
Fiscal Note Identification:
This Fiscal Note, 2026-10 dated January 29, 2026, was prepared by the
Office of the Actuary of the New York State Teachers' Retirement System
and is intended for use only during the 2026 Legislative Session.
