New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A06241 Summary:

A06241 Actions:

A06241 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:05/21/2019AYE/NAY:14/0  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
Aye
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
Nay
Malliotakis
Aye
Nolan
Excused
Montesano
Aye
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

A06241 Floor Votes:

A06241 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6241--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2019
                                       ___________
 
        Introduced  by  M.  of  A. ABBATE, COLTON, JAFFEE, GRIFFIN, DenDEKKER --
          read once and referred to the Committee on Governmental  Employees  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee  --  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
 
        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-g to read as follows:
     3    § 63-g. 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  contracts
     7  any  condition  of  impairment of health caused by diseases of the lung,
     8  resulting in disability or death to such correction officer,  correction
     9  supervisor,  deputy  sheriff patrol or deputy sheriff patrol supervisor,
    10  presently employed, and who shall have sustained such  disability  while
    11  so  employed,  shall  be  presumptive  evidence that such disability was
    12  incurred in the performance and discharge of duty and  the  natural  and
    13  proximate result of an accident, unless the contrary be proved by compe-
    14  tent evidence; provided, however, that prior to entry into service, such
    15  correction  officer,  correction  supervisor,  deputy  sheriff patrol or
    16  deputy sheriff patrol supervisor successfully passed a physical examina-
    17  tion which failed to disclose evidence of any disease or  other  impair-
    18  ment of the lung.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09482-08-0
        A. 6241--B                          2
 
     1    § 2. The retirement and social security law is amended by adding a new
     2  section 605-f to read as follows:
     3    §  605-f.  Disability  benefits; certain disabilities. Notwithstanding
     4  any provision of this chapter or of any general, special or local law to
     5  the contrary, any member who is a correction officer, correction  super-
     6  visor,  deputy  sheriff  patrol  or deputy sheriff patrol supervisor who
     7  contracts any condition of impairment of health caused  by  diseases  of
     8  the  lung,  resulting in disability or death to such correction officer,
     9  correction supervisor, deputy sheriff patrol or  deputy  sheriff  patrol
    10  supervisor,  presently employed, and who shall have sustained such disa-
    11  bility while so employed, shall be presumptive evidence that such  disa-
    12  bility  was  incurred  in  the performance and discharge of duty and the
    13  natural and proximate result of an  accident,  unless  the  contrary  be
    14  proved  by  competent  evidence;  provided, however, that prior to entry
    15  into service, such correction  officer,  correction  supervisor,  deputy
    16  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
    17  physical examination which failed to disclose evidence of any disease or
    18  other impairment of the lung.
    19    §  3. Notwithstanding any other provision of law to the contrary, none
    20  of the provisions of this act shall be subject  to  section  25  of  the
    21  retirement and social security law.
    22    § 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  (ERS)  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 lung disease as  the  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.
          If  this  bill  is  enacted,  it would 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 benefit type other-
        wise 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 ERS.
          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, 2019 actuarial valu-
        ation. Distributions and other statistics  can  be  found  in  the  2019
        Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2015,
        2016,  2017, 2018 and 2019 Annual Report to the Comptroller on Actuarial
        Assumptions, and the Codes, Rules and Regulations of the  State  of  New
        York: Audit and Control.
        A. 6241--B                          3

          The Market Assets and GASB Disclosures are found in the March 31, 2019
        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 March 10, 2020, and intended for use only during
        the 2020 Legislative Session, is Fiscal Note No.  2020-75,  prepared  by
        the Actuary for the New York State and Local Retirement System.