New York State Assembly

 
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A04436 Summary:

A04436 Actions:

A04436 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:02/27/2019AYE/NAY:13/0  Action: Favorable refer to committee Ways and Means        
Abbate
Aye
Malliotakis
Aye
Aubry
Aye
Johns
Aye
Colton
Aye
Palumbo
Aye
Cusick
Aye
DeStefano
Aye
Zebrowski
Aye
DenDekker
Aye
Santabarbara
Aye
Pheffer Amato
Excused
Ryan
Aye
Griffin
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/05/2019AYE/NAY:29/2  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Nay
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Montesano
Nay
Pretlow
Aye
Ra
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Absent
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Excused

Committee:RULES   Chair:Gottfried      
DATE:06/11/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Excused

A04436 Floor Votes:

A04436 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4436
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT  to amend the retirement and social security law, in relation to
          disability benefits for firefighters employed by the division of mili-
          tary and naval affairs
 
          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  two new sections 63-g and 63-h to read as follows:
     3    §  63-g.  Performance  of duty disability retirement. a. Any member of
     4  the retirement system employed by the division  of  military  and  naval
     5  affairs  shall  be eligible to retire pursuant to the provisions of this
     6  section if he or she is an airport firefighter apprentice, airport fire-
     7  fighter I, airport firefighter II, airport firefighter III  or  training
     8  and safety officer.
     9    b.  Notwithstanding any provision of this chapter or of any general or
    10  special law to the  contrary,  any  member  who  becomes  physically  or
    11  mentally  incapacitated  as the result of a disability, who is presently
    12  employed and who shall have sustained such disability while so  employed
    13  and while actually a member of the retirement system, provided that such
    14  disability  or  death (A) was caused by the natural and proximate result
    15  of a disability, not caused by such firefighter's own willful negligence
    16  and (B) was incurred in the performance and discharge  of  duty,  unless
    17  the  contrary  be proven by competent evidence, shall be paid a perform-
    18  ance of duty disability retirement  benefit  payable  pursuant  to  this
    19  section.
    20    c.  Application for a performance of duty disability retirement allow-
    21  ance for such a member may be made by:
    22    1. Such member;
    23    2. The head of the department in which such member is employed; or
    24    3. Some person acting on behalf of and authorized by such member.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06127-02-9
        A. 4436                             2
 
     1    d. After the filing of such an application such member shall be  given
     2  one  or  more medical examinations.   If the comptroller determines that
     3  the member is physically or mentally incapacitated for  the  performance
     4  of duty and ought to be retired for performance of duty disability, such
     5  member  shall be so retired.  Such retirement shall be effective as of a
     6  date approved by the comptroller.
     7    e. The retirement allowance payable upon retirement for performance of
     8  duty disability shall consist of a pension of one-half  of  his  or  her
     9  final average salary plus an annuity which shall be the actuarial equiv-
    10  alent of such member's accumulated contributions, if any.
    11    f.  If  the  member, at the time of the filing of an application under
    12  the provisions of subdivision c of  this  section,  is  eligible  for  a
    13  service  retirement  benefit,  then  and  in that event, such member may
    14  simultaneously file an application for service retirement in  accordance
    15  with  the  provisions  of section seventy of this article, provided that
    16  the member indicates on the application for service retirement that such
    17  application is filed without prejudice to the application  for  perform-
    18  ance of duty disability retirement.
    19    g.  Any benefit provided pursuant to this section shall not be consid-
    20  ered as an accidental disability benefit within the meaning  of  section
    21  sixty-four  of this title.  Any benefit payable pursuant to the workers'
    22  compensation law to a member receiving a disability  allowance  pursuant
    23  to  this  section shall be in addition to such retirement for disability
    24  incurred in performance of duty allowance.
    25    § 63-h. Certain impairments of health; presumption. a. Any  member  of
    26  the  retirement  system  employed  by the division of military and naval
    27  affairs shall be eligible to retire pursuant to the provisions  of  this
    28  section if he or she is an airport firefighter apprentice, airport fire-
    29  fighter  I,  airport firefighter II, airport firefighter III or training
    30  and safety officer.
    31    b. Notwithstanding any provision of this chapter or of any general  or
    32  special  law  to  the  contrary,  any  condition of impairment of health
    33  caused by: (1) diseases of the heart; or (2) any (i)  melanoma  or  (ii)
    34  condition  of  cancer affecting the lymphatic, digestive, hematological,
    35  urinary, neurological, breast, reproductive or prostate systems  result-
    36  ing  in  disability  to  a  member  covered  by  this section, presently
    37  employed, who successfully passed a physical examination on  entry  into
    38  service  as  an  airport  firefighter apprentice, airport firefighter I,
    39  airport firefighter II, airport firefighter III or training  and  safety
    40  officer  which  examination  failed to reveal evidence of any disease or
    41  other impairment of the heart or such melanoma or  condition,  shall  be
    42  presumptive  evidence  that  it  was  incurred  in  the  performance and
    43  discharge of duty, unless the contrary be proven by  competent  evidence
    44  and  shall be paid a performance of duty disability retirement allowance
    45  equal to that which is provided in section sixty-three  of  this  title,
    46  subject to the provisions of section sixty-four of this title.
    47    c.  Notwithstanding any provision of this chapter or of any general or
    48  special law to the contrary,  any  condition  of  impairment  of  health
    49  caused  by  diseases  of  the  lung, resulting in disability to a member
    50  covered by this section, presently employed, who successfully  passed  a
    51  physical  examination  on  entry  into service as an airport firefighter
    52  apprentice, airport firefighter I, airport firefighter II, airport fire-
    53  fighter III or training and safety officer, which examination failed  to
    54  disclose  evidence of any disease or other impairment of the lung, shall
    55  be presumptive evidence that it was  incurred  in  the  performance  and
    56  discharge  of  duty, unless the contrary be proven by competent evidence
        A. 4436                             3
 
     1  and shall be paid a performance of duty disability retirement  allowance
     2  equal  to  that  which is provided in section sixty-three of this title,
     3  subject to the provisions of section sixty-four of this title.
     4    d.  After  the filing of an application such member shall be given one
     5  or more medical examinations.  If the comptroller  determines  that  the
     6  member  is  physically  or mentally incapacitated for the performance of
     7  duty and ought to be retired for performance of  duty  disability,  such
     8  member  shall be so retired.  Such retirement shall be effective as of a
     9  date approved by the comptroller.
    10    e. If the member, at the time of the filing of  such  application,  is
    11  eligible  for a service retirement benefit, then and in that event, such
    12  member may simultaneously file an application  for  service  retirement,
    13  provided  that  the  member  indicates  on  the  application for service
    14  retirement that such application  is  filed  without  prejudice  to  the
    15  application for performance of duty disability retirement.
    16    §  2.  The retirement and social security law is amended by adding two
    17  new sections 607-i and 607-j to read as follows:
    18    § 607-i. Performance of duty disability retirement. a. Any  member  of
    19  the  retirement  system  employed  by the division of military and naval
    20  affairs shall be eligible to retire pursuant to the provisions  of  this
    21  section if he or she is an airport firefighter apprentice, airport fire-
    22  fighter  I,  airport firefighter II, airport firefighter III or training
    23  and safety officer.
    24    b. Notwithstanding any provision of this chapter or of any general  or
    25  special  law  to  the  contrary,  any  member  who becomes physically or
    26  mentally incapacitated as the result of a disability, who  is  presently
    27  employed  and who shall have sustained such disability while so employed
    28  and while actually a member of the retirement system, provided that such
    29  disability or death (A) was caused by the natural and  proximate  result
    30  of a disability, not caused by such firefighter's own willful negligence
    31  and  (B)  was  incurred in the performance and discharge of duty, unless
    32  the contrary be proven by competent evidence, shall be paid  a  perform-
    33  ance  of  duty  disability  retirement  benefit payable pursuant to this
    34  section.
    35    c. Application for a performance of duty disability retirement  allow-
    36  ance for such a member may be made by:
    37    1. Such member;
    38    2. The head of the department in which such member is employed; or
    39    3. Some person acting on behalf of and authorized by such member.
    40    d.  After the filing of such an application such member shall be given
    41  one  or  more medical examinations.   If the comptroller determines that
    42  the member is physically or mentally incapacitated for  the  performance
    43  of duty and ought to be retired for performance of duty disability, such
    44  member  shall  be so retired. Such retirement shall be effective as of a
    45  date approved by the comptroller.
    46    e. The retirement allowance payable upon retirement for performance of
    47  duty disability shall consist of a pension of one-half  of  his  or  her
    48  final average salary plus an annuity which shall be the actuarial equiv-
    49  alent of such member's accumulated contributions, if any.
    50    f.  If  the  member, at the time of the filing of an application under
    51  the provisions of subdivision c of  this  section,  is  eligible  for  a
    52  service  retirement  benefit,  then  and  in that event, such member may
    53  simultaneously file an application for service retirement in  accordance
    54  with  the  provisions  of section seventy of this chapter, provided that
    55  the member indicates on the application for service retirement that such
        A. 4436                             4
 
     1  application is filed without prejudice to the application  for  perform-
     2  ance of duty disability retirement.
     3    g.  Any benefit provided pursuant to this section shall not be consid-
     4  ered as an accidental disability benefit within the meaning  of  section
     5  sixty-four of this chapter. Any benefit payable pursuant to the workers'
     6  compensation  law  to a member receiving a disability allowance pursuant
     7  to this section shall be in addition to such retirement  for  disability
     8  incurred in performance of duty allowance.
     9    §  607-j. Certain impairments of health; presumption. a. Any member of
    10  the retirement system employed by the division  of  military  and  naval
    11  affairs  shall  be eligible to retire pursuant to the provisions of this
    12  section if he or she is an airport firefighter apprentice, airport fire-
    13  fighter I, airport firefighter II, airport firefighter III  or  training
    14  and safety officer.
    15    b.  Notwithstanding any provision of this chapter or of any general or
    16  special law to the contrary,  any  condition  of  impairment  of  health
    17  caused  by:  (1)  diseases of the heart; or (2) any (i) melanoma or (ii)
    18  condition of cancer affecting the lymphatic,  digestive,  hematological,
    19  urinary,  neurological, breast, reproductive or prostate systems result-
    20  ing in disability  to  a  member  covered  by  this  section,  presently
    21  employed,  who  successfully passed a physical examination on entry into
    22  service as an airport firefighter  apprentice,  airport  firefighter  I,
    23  airport  firefighter  II, airport firefighter III or training and safety
    24  officer which examination failed to reveal evidence of  any  disease  or
    25  other  impairment  of  the heart or such melanoma or condition, shall be
    26  presumptive evidence  that  it  was  incurred  in  the  performance  and
    27  discharge  of  duty, unless the contrary be proven by competent evidence
    28  and shall be paid a performance of duty disability retirement  allowance
    29  equal  to that which is provided in section sixty-three of this chapter,
    30  subject to the provisions of sections sixty-three and sixty-four of this
    31  chapter.
    32    c. Notwithstanding any provision of this chapter or of any general  or
    33  special  law  to  the  contrary,  any  condition of impairment of health
    34  caused by diseases of the lung, resulting  in  disability  to  a  member
    35  covered  by  this section, presently employed, who successfully passed a
    36  physical examination on entry into service  as  an  airport  firefighter
    37  apprentice, airport firefighter I, airport firefighter II, airport fire-
    38  fighter  III or training and safety officer, which examination failed to
    39  disclose evidence of any disease or other impairment of the lung,  shall
    40  be  presumptive  evidence  that  it  was incurred in the performance and
    41  discharge of duty, unless the contrary be proven by  competent  evidence
    42  and  shall be paid a performance of duty disability retirement allowance
    43  equal to that which is provided in section sixty-three of this  chapter,
    44  subject to the provisions of section sixty-four of this chapter.
    45    d.  After  the filing of an application such member shall be given one
    46  or more medical examinations.  If the comptroller  determines  that  the
    47  member  is  physically  or mentally incapacitated for the performance of
    48  duty and ought to be retired for performance of  duty  disability,  such
    49  member  shall be so retired.  Such retirement shall be effective as of a
    50  date approved by the comptroller.
    51    e. If the member, at the time of the filing of  such  application,  is
    52  eligible  for a service retirement benefit, then and in that event, such
    53  member may simultaneously file an application  for  service  retirement,
    54  provided  that  the  member  indicates  on  the  application for service
    55  retirement that such application  is  filed  without  prejudice  to  the
    56  application for performance of duty disability retirement.
        A. 4436                             5
 
     1    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  grant improved disability pensions to airport fire-
        fighters and training and safety officers in the New York State division
        of military and naval affairs who sustain a disability in  the  perform-
        ance  of their duties equal to 50% of final average salary (FAS), or 75%
        of FAS less worker's compensation (WC) when such disability  is  related
        to  heart  disease, lung disease, or certain forms of cancer, unless the
        contrary be proven by competent evidence.  Currently,  affected  members
        are entitled to an ordinary disability benefit of 1/3 of FAS.
          If this bill is enacted during the 2019 legislative session, we antic-
        ipate  that  there  will  be an increase of approximately $95,000 in the
        annual contributions of for the fiscal year ending March  31,  2020.  In
        future years, this cost will vary as the billing rates and salary of the
        affected members change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost of approximately $725,000 which will be
        borne by the state of New York as a one-time payment.  This estimate  is
        based on the assumption that payment will be made on March 1, 2020.
          These  estimated costs are based on 71 members having an annual salary
        for the fiscal year ending March 31, 2018 of approximately $4.4 million.
          Summary of relevant resources:
          The identities of the members who are affected by this legislation are
        not obtainable from our database. Job title code data  provided  by  the
        Civil Service Employees Association was relied upon to identify affected
        members.
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2018  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2018
        Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017 and 2018  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, 2018
        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  January  22,  2019,  and intended for use only
        during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-30,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.