STATE OF NEW YORK
________________________________________________________________________
5301
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 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
certain disabilities of university police officers appointed by the
state university of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 363-a of the retirement and social
2 security law, as amended by chapter 437 of the laws of 2016, is amended
3 to read as follows:
4 3. As used in this section, the terms "firefighter" and "police offi-
5 cer" mean any member who is performing police or fire service, as the
6 phrase police or fire service is defined in paragraphs a, b, c, d, f (as
7 added by chapter six hundred seventy-four of the laws of nineteen eight-
8 y-six), f (as added by chapter six hundred seventy-seven of the laws of
9 nineteen eighty-six), g, h, i and j of subdivision eleven of section
10 three hundred two of this article, and who, prior to entry into service
11 as a firefighter or police officer, successfully passed a physical exam-
12 ination which failed to disclose evidence of any disease or other
13 impairment of the heart.
14 § 2. The amendments to section 363-a of the retirement and social
15 security law made by section one of this act shall not affect, impair,
16 or invalidate any temporary right, privilege, or benefit conferred
17 pursuant to the provisions of a general, special or local law (other
18 than pursuant to articles 14 and 15 of the retirement and social securi-
19 ty law) for any member of a public retirement system or pension plan
20 funded by the state or one of its political subdivisions, nor shall any
21 amendments thereto affect the application of such provisions as extended
22 by the provisions of section 480 of the retirement and social security
23 law.
24 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08624-02-9
A. 5301 2
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill is a technical correction to Chapter 561 of the Laws of
2015. It would add a "heart bill" performance of duty disability
provision for police officers of the State University of New York who
are members of the New York State and Local Police and Fire Retirement
System.
If this bill is enacted, it could lead to more disabilities being
classified as "performance of duty". We anticipate that few performance
of duty disability retirements will be granted, and thus, the resulting
costs will be negligible.
Summary of relevant resources:
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 31, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-45,
prepared by the Actuary for the New York State and Local Retirement
System.
