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S03557 Summary:

BILL NOS03557
 
SAME ASSAME AS A04943
 
SPONSORJACKSON
 
COSPNSRHARCKHAM
 
MLTSPNSR
 
Add §§63-j & 605-h, R & SS L
 
Provides a heart disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors.
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S03557 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3557
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2025
                                       ___________
 
        Introduced by Sens. JACKSON, HARCKHAM -- 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  a  heart  disease  presumption  for  correction   officers,
          correction supervisors, deputy sheriff patrol or deputy sheriff patrol
          supervisors
 
          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 63-j to read as follows:
     3    § 63-j. Disability benefits; certain disabilities. Notwithstanding any
     4  provision of this chapter or of any general, special or local law to the
     5  contrary, any member who is a correction officer, correction supervisor,
     6  deputy sheriff patrol or deputy  sheriff  patrol  supervisor  who  is  a
     7  member  of the New York state and local employees' retirement system and
     8  contracts any condition of impairment of health caused  by  diseases  of
     9  the  heart, resulting in disability or death to such correction officer,
    10  correction supervisor, deputy sheriff patrol or  deputy  sheriff  patrol
    11  supervisor,  presently employed, and who shall have sustained such disa-
    12  bility while so employed, shall be presumptive evidence that such  disa-
    13  bility  was  incurred  in  the performance and discharge of duty and the
    14  natural and proximate result of an  accident,  unless  the  contrary  be
    15  proved  by  competent  evidence;  provided, however, that prior to entry
    16  into service, such correction  officer,  correction  supervisor,  deputy
    17  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
    18  physical examination which failed to disclose evidence of any disease or
    19  other impairment of the heart.
    20    § 2. The retirement and social security law is amended by adding a new
    21  section 605-h to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01281-02-5

        S. 3557                             2
 
     1    §  605-h.  Disability  benefits; certain disabilities. Notwithstanding
     2  any provision of this chapter or of any general, special or local law to
     3  the contrary, any member who is a correction officer, correction  super-
     4  visor,  deputy sheriff patrol or deputy sheriff patrol supervisor who is
     5  a  member  of  the New York state and local employees' retirement system
     6  and contracts any condition of impairment of health caused  by  diseases
     7  of  the heart, resulting in disability or death to such correction offi-
     8  cer, correction supervisor, deputy  sheriff  patrol  or  deputy  sheriff
     9  patrol supervisor, presently employed, and who shall have sustained such
    10  disability  while  so  employed, shall be presumptive evidence that such
    11  disability was incurred in the performance and discharge of duty and the
    12  natural and proximate result of an  accident,  unless  the  contrary  be
    13  proved  by  competent  evidence;  provided, however, that prior to entry
    14  into service, such correction  officer,  correction  supervisor,  deputy
    15  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
    16  physical examination which failed to disclose evidence of any disease or
    17  other impairment of the heart.
    18    §  3. Notwithstanding any other provision of law to the contrary, none
    19  of the provisions of this act shall be subject  to  section  25  of  the
    20  retirement and social security law.
    21    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would allow certain members of the New York State and Local
        Employees' Retirement System (NYSLERS) employed as correction  officers,
        correction  supervisors, deputy sheriff patrol, or deputy sheriff patrol
        supervisors to receive an accidental disability benefit if the member is
        impaired due to a condition of the heart as a result of an accident,  in
        the performance of their duties, unless the contrary be proven by compe-
        tent evidence. Currently, only members covered under Article 14-B of the
        Retirement   and  Social  Security  Law  (RSSL)  are  entitled  to  this
        provision. For affected members in tiers 1 and  2,  the  annual  benefit
        would  be  3/4 of final average salary (FAS) less workers' compensation.
        For affected members in tiers 3-6, the annual benefit would  be  1/3  of
        FAS.
          The provisions of Section 25 of the RSSL shall not apply.
          If  this bill is enacted during the 2025 Legislative Session, it would
        likely lead to an increased number of accidental disabilities and deaths
        for future retirees.
          We anticipate that there will be an  increase  of  approximately  $1.8
        million  in  the  annual  contributions  of  the  counties employing the
        affected members for the fiscal year ending March 31,  2026.  In  future
        years this cost will vary but is expected to average 0.2% of salary.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $5.98 million which will
        be shared by the State of New York and the local participating employers
        in NYSLERS.
          Further, we anticipate that there will be some administrative costs to
        implement the provisions of this legislation.
          These estimated costs are based on 8,096 members with annual salary of
        approximately $760 million as of March 31, 2024. Correction officers and
        deputy sheriffs covered under the RSSL Section 89-series (25-year plans)
        were  included.  However, only members with the patrol title, who cannot
        be readily identified, will be affected.
          Summary of relevant resources:
          Membership data as of March 31, 2024 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2024 actuari-

        S. 3557                             3
 
        al  valuation.  Distributions  and  other statistics can be found in the
        2024 Report of the Actuary and the 2024 Annual  Comprehensive  Financial
        Report.  The actuarial assumptions and methods used are described in the
        2024  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, 2024 New York State and Local Retirement System Financial Statements
        and Supplementary Information.
          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 January 27,  2025,  and  intended  for  use  only
        during the 2025 Legislative Session, is Fiscal Note No. 2025-9. As Chief
        Actuary  of  the  New  York  State and Local Retirement System, I, Aaron
        Schottin Young, hereby certify that this analysis complies with applica-
        ble 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.
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