STATE OF NEW YORK
________________________________________________________________________
8667
IN SENATE
February 28, 2024
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT granting Michael Quatrocci a presumption of disability regarding
accidental disability retirement
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of the retirement and
2 social security law or of any general, special or local law to the
3 contrary, Michael Quatrocci, a police officer for the city of Yonkers
4 who contracted COVID-19 in March 2020 while so employed and has since
5 had impaired health due to contracting COVID-19 which resulted in a
6 disability, shall have such impaired health be presumptive evidence that
7 such disability was incurred in the performance and discharge of duty
8 and the natural and proximate result of such discharge of duty, unless
9 the contrary be proved by competent evidence, for the purposes of apply-
10 ing for accidental disability retirement under section 363 of the
11 retirement and social security law.
12 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Michael Quatrocci, a member of the New York
State and Local Police and Fire Retirement System (NYSLPFRS), a COVID-19
related presumption which is expected to result in an accidental disa-
bility benefit under section 363 of the Retirement and Social Security
Law (RSSL). The disability benefit will be 75 percent of final average
salary, less workers' compensation. Michael Quatrocci is currently an
active member employed full-time with the City of Yonkers as a police
officer. They will be required to complete and submit an application for
accidental disability retirement prior to receiving any disability bene-
fit.
If this bill is enacted during the 2024 Legislative Session, and
Michael Quatrocci is subsequently approved for disability benefits
pursuant to section 363 of the RSSL, there will be an immediate past
service cost of approximately $832,000 which will be borne by the State
of New York and all local participating employers in the NYSLPFRS.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13687-02-4
S. 8667 2
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
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, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
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 February 26, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-80,
prepared by the Actuary for the New York State and Local Retirement
System.
