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S10131 Summary:

BILL NOS10131
 
SAME ASNo Same As
 
SPONSORJACKSON
 
COSPNSR
 
MLTSPNSR
 
Add §607-m, R & SS L
 
Provides for performance of duty presumptions for HIV, tuberculosis and hepatitis for certain Nassau county positions.
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S10131 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10131
 
                    IN SENATE
 
                                     April 30, 2026
                                       ___________
 
        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
 
        AN ACT to amend the retirement and social security law, in  relation  to
          providing for presumptions for certain impairments of health
 
          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. Certain impairments of health. Notwithstanding the provisions
     4  of any general, special or local  law  or  administrative  code  to  the
     5  contrary,  a member who serves as an ambulance medical technician, ambu-
     6  lance    medical    technician    coordinator,     ambulance     medical
     7  technician/supervisor or a member who performs ambulance medical techni-
     8  cian  related  services,  or  a  police medic, police medic coordinator,
     9  police medic supervisor, bureau director emergency ambulance  -  county,
    10  assistant  director  emergency  ambulance services - county, or a member
    11  who performs police medic or police emergency ambulance related services
    12  for the Nassau county police department  who  in  performance  of  their
    13  duties  contracts HIV, where there may have been an exposure to a bodily
    14  fluid of an individual or a person as a natural and proximate result  of
    15  an act of any individual that may have involved transmission of a speci-
    16  fied transmissible disease from an individual to such member, tuberculo-
    17  sis  or hepatitis will be presumed to have contracted by such disease in
    18  the performance or discharge of their duties, and will be presumed to be
    19  disabled from the performance of their duties, unless  the  contrary  be
    20  proved by competent evidence.
    21    §  2.  All  the  past  services costs associated with implementing the
    22  provisions of this act shall be borne by the county of Nassau and may be
    23  amortized over a period of ten years.
    24    § 3. Notwithstanding any other provision of law to the contrary,  none
    25  of  the  provisions  of  this  act shall be subject to the appropriation
    26  requirement of section 25 of the retirement and social security law.
    27    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14618-02-6

        S. 10131                            2
 
          This bill  would  provide  a  performance  of  duty  (POD)  disability
        presumption  to  certain  members  employed  by the Nassau county police
        department who  perform  police  medic  or  police  emergency  ambulance
        related  services, are impaired due to contracting HIV, tuberculosis, or
        hepatitis  following  exposure to bodily fluids. Members must be covered
        under section 607-j of the retirement and social security law. The bene-
        fit is 50% of final average salary.
          This proposal would likely lead to an increased number of POD disabil-
        ity benefits for future retirees.
          We estimate that the annual contributions of Nassau  county  will  not
        materially increase because of this proposal.
          There  will be an immediate past service cost of $84,300 which will be
        borne by Nassau county as a one-time payment. This estimate assumes that
        payment will be made on February 1, 2027. If  Nassau  county  elects  to
        amortize  this  cost  over  10  years,  the  cost  for each year will be
        $10,800.
          Further, there could be some administrative  costs  to  implement  the
        provisions of this legislation.
          These  estimated  costs  are based on 126 affected members employed by
        Nassau county, with annual salary of approximately  $21  million  as  of
        March 31, 2025.
          Summary of relevant resources:
          Membership data as of March 31, 2025 was used to measure the impact of
        the  bill, the same data used in the Actuarial Valuations dated April 1,
        2025. Distributions and other statistics can be found in the 2025 Report
        of the Actuary and the 2025 Annual Comprehensive Financial  Report.  The
        actuarial  assumptions and methods used are described in the 2025 Annual
        Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
        and Regulations of the State of New York: Audit and  Control.  The  fair
        value  of assets and GASB disclosures can be found in the 2025 Financial
        Statements and Supplementary Information.
          Assumptions, demographics, and  other  considerations  may  have  been
        modified  to  better reflect specific provisions of any proposed benefit
        change(s).
          This fiscal note does not constitute a legal opinion on the  viability
        of the bill, nor is it intended to serve as a substitute for the profes-
        sional judgment of an attorney.
          This  estimate, dated April 28, 2026, and intended for use only during
        the 2026 Legislative Session, is Fiscal Note Number 2026-110.  As  Chief
        Actuary  of  the New York State and Local Retirement System (NYSLRS), I,
        Aaron Schottin Young, hereby certify that this  analysis  complies  with
        applicable  Actuarial  Standards  of  Practice  as  well  as the Code of
        Professional Conduct and Qualification Standards for  Actuaries  Issuing
        Statements of Actuarial Opinion of the American Academy of Actuaries, of
        which  I  am  a  member.  I  am a member of NYSLRS but do not believe it
        impairs my objectivity.
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