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A09843 Summary:

Grants Michael Quatrocci a presumption of disability regarding accidental disability retirement.
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A09843 Actions:

04/11/2024referred to governmental employees
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A09843 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act granting Michael Quatrocci a presumption of disability regarding accidental disability retirement   PURPOSE: Grants Michael Quatrocci a presumption of disability regarding acci- dental disability retirement.   SUMMARY OF PROVISIONS: Section 1 declares Michael Quatrocci shall have presumptive evidence that his Long-Covid disability was incurred during performance of his service and that accidental disability retirement shall be extended to him, unless the contrary is proved by competent evidence. Section 2 states the effective date.   JUSTIFICATION: Officer Michael Quatrocci was a highly active member of the Yonkers police force, boasting an impressive arrest record and reportedly only calling in sick twice during his thirteen years of public service. In addition to his career in public safety, Officer Quatrocci stood as a pillar of the Yonkers community by coaching softball and hockey. He was no mere spectator, the Officer himself was a voracious hockey player and a consistent runner. All of that changed in a matter of weeks, trag- ically, when Officer Quatrocci was told by four different doctors that he could no longer fulfill his duties as a police officer after contracting Covid-19 in the line of duty. Officer Quatrocci was forced to retire from service at the start of his battle with Long-Covid and Covid Pneumonia in March of 2020. He spent five weeks in quarantine, sought the assistance of sleep doctors, neurologists, and even the world's 2 cough specialist. The extensive treatments and medication failed to fully restore the Officer, and he reports that he is still struggling with breathing and memory. At the time, the City of Yonkers gave the presumption that disability retire- ment would not be denied to public servants suffering from Covid. Unfor- tunately, there is no state legislation to include Covid related disa- bilities on the enumerated list of acceptable conditions for disability retirement. This legislation retroactively includes Long-Covid and Covid related disabilities as acceptable conditions for disability retirement for Officer Michael Quatrocci, specifically and exclusively.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: TBD.   EFFECTIVE DATE: This act shall take effect immediately.
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A09843 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 11, 2024
        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on Governmental Employees
        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-
          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.

        A. 9843                             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
          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
          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
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