New York State Assembly

 
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A05205 Summary:

A05205 Actions:

A05205 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Pheffer Amato      
DATE:03/21/2023AYE/NAY:14/0  Action: Favorable refer to committee Ways and Means        
Pheffer Amato
Aye
DeStefano
Aye
Aubry
Aye
Reilly
Aye
Colton
Aye
Giglio
Aye
Zebrowski
Aye
Tannousis
Aye
Santabarbara
Aye
Eichenstein
Aye
Fall
Aye
Jones
Aye
Burke
Aye
Sillitti
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/23/2023AYE/NAY:31/2  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Nay
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Excused
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Absent
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/24/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Excused
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Excused
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

Committee:GOVERNMENTAL EMPLOYEES   Chair:Pheffer Amato      
DATE:03/26/2024AYE/NAY:13/0  Action: Favorable refer to committee Ways and Means        
Pheffer Amato
Aye
DeStefano
Aye
Aubry
Aye
Reilly
Aye
Colton
Aye
Giglio
Aye
Zebrowski
Aye
Tannousis
Aye
Santabarbara
Aye
Eichenstein
Aye
Fall
Aye
Jones
Aye
Burke
Aye
Sillitti
Excused

A05205 Floor Votes:

A05205 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5205--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2023
                                       ___________
 
        Introduced  by  M. of A. PHEFFER AMATO, COLTON, SANTABARBARA, GUNTHER --
          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 recommitted to said committee
 
        AN  ACT  to amend the retirement and social security law, in relation to
          providing  a  lung  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  lung,  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.
                                                                   LBD08362-08-4
        A. 5205--B                          2
 
     1  physical examination which failed to disclose evidence of any disease or
     2  other impairment of the lung.
     3    § 2. The retirement and social security law is amended by adding a new
     4  section 605-h to read as follows:
     5    §  605-h.  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 lung, 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 lung.
    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 lung as a result of an accident, in
        the performance of their duties, unless the contrary be proven by compe-
        tent evidence. For members in Tiers 1 and 2, the annual benefit would be
        3/4 of final average salary  (FAS)  less  Workers'  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  Workers' 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 2024 Legislative Session, it  would  likely  lead  to
        more  disabilities  being  classified  as  "accidental." The cost of the
        revised benefit will depend upon the applicant's age,  service,  salary,
        plan, and any benefit type otherwise payable but would average:
 
            Benefit prior                 Ordinary   Performance     Service
            to enactment:      None      Disability    of Duty     Retirement
          NYSLERS cost for   10 times     5.5 times    3 times       2 times
          proposed benefit:   salary       salary      salary        salary
 
          Further,  we  anticipate that there could be some administrative costs
        to implement the provisions of this legislation.
          All costs arising from this bill would be shared by the State  of  New
        York and all the participating employers in the NYSLERS.
          Summary of relevant resources:
        A. 5205--B                          3
 
          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  January  31,  2024,  and intended for use only
        during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-31,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.