New York State Assembly

 
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A04607 Summary:

A04607 Actions:

A04607 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:05/17/2022AYE/NAY:14/0  Action: Favorable refer to committee Ways and Means        
Abbate
Aye
DeStefano
Aye
Aubry
Aye
Reilly
Aye
Colton
Aye
Giglio
Aye
Cusick
Aye
Tannousis
Aye
Zebrowski
Aye
Santabarbara
Aye
Pheffer Amato
Aye
Griffin
Aye
Eichenstein
Aye
Fall
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/23/2022AYE/NAY:28/2  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Nay
Fitzpatrick
Nay
Nolan
Aye
Hawley
Aye
Pretlow
Aye
Montesano
Aye
Colton
Aye
Blankenbush
Excused
Cook
Aye
Norris
Aye
Cahill
Aye
Brabenec
Aye
Aubry
Aye
Palmesano
Aye
Cusick
Excused
Byrne
Aye
Benedetto
Aye
Ashby
Aye
Weprin
Aye
Ramos
Excused
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Excused
Seawright
Aye
Hyndman
Excused
Walker
Aye
Bichotte Hermel
Aye

Committee:RULES   Chair:Gottfried      
DATE:05/31/2022AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye

A04607 Floor Votes:

A04607 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4607--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced  by M. of A. ABBATE, GRIFFIN, DURSO -- read once and referred
          to the Committee on  Governmental  Employees  --  recommitted  to  the
          Committee  on  Governmental Employees in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
 
        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-i to read as follows:
     3    § 63-i. 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08487-07-2
        A. 4607--B                          2
 
     1  physical examination which failed to disclose evidence of any disease or
     2  other impairment of the heart.
     3    § 2. The retirement and social security law is amended by adding a new
     4  section 605-g to read as follows:
     5    §  605-g.  Disability  benefits; certain disabilities. Notwithstanding
     6  any provision of this chapter or of any general, special or local law to
     7  the contrary, any member who is a correction officer, correction  super-
     8  visor,  deputy sheriff patrol or deputy sheriff patrol supervisor who is
     9  a member of the New York state and local  employees'  retirement  system
    10  and  contracts  any condition of impairment of health caused by diseases
    11  of the heart, resulting in disability or death to such correction  offi-
    12  cer,  correction  supervisor,  deputy  sheriff  patrol or deputy sheriff
    13  patrol supervisor, presently employed, and who shall have sustained such
    14  disability while so employed, shall be presumptive  evidence  that  such
    15  disability was incurred in the performance and discharge of duty and the
    16  natural  and  proximate  result  of  an accident, unless the contrary be
    17  proved by competent evidence; provided, however,  that  prior  to  entry
    18  into  service,  such  correction  officer, correction supervisor, deputy
    19  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
    20  physical examination which failed to disclose evidence of any disease or
    21  other impairment of the heart.
    22    § 3. Notwithstanding any other provision of law to the contrary,  none
    23  of  the  provisions  of  this  act shall be subject to section 25 of the
    24  retirement and social security law.
    25    § 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 his or her duties, unless the contrary be  proven  by
        competent  evidence.  For  members  in Tiers 1 and 2, the annual benefit
        would be 3/4 of final average salary (FAS) less  worker's  compensation.
        For members in Tiers 3-6 who are covered under the provisions of Article
        14-B  of the Retirement and Social Security Law (RSSL), the annual bene-
        fit would be 2/3 of  FAS  less  worker's  compensation.  For  all  other
        affected  members  in Tiers 3-6, the annual benefit would be 1/3 of FAS.
        The provisions of Section 25 of the RSSL will not apply.
          Insofar as this bill affects  the  NYSLERS,  if  this  legislation  is
        enacted during the 2022 legislative session, it would lead to more disa-
        bilities being classified as "accidental". The cost of the revised bene-
        fit  will  depend  upon  the applicant's age, service, salary, plan, and
        benefit type otherwise payable.
          However, we  anticipate  that  few  additional  accidental  disability
        retirements  will be granted, and thus, the resulting costs are expected
        to be negligible.
          All costs arising from this bill would be shared by the State  of  New
        York and all of the participating employers in the NYSLERS.
          Summary of relevant resources:
          Membership  data as of March 31, 2021 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
        Report.
        A. 4607--B                          3
 
          The actuarial assumptions and methods used are described in  the  2020
        and  2021 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, 2021
        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 11,  2022,  and  intended  for  use  only
        during  the  2022  Legislative  Session,  is  Fiscal  Note  No. 2022-31,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.