Relates to establishing disability retirement benefits for correction officers, correction supervisors, deputy sheriff patrols and deputy sheriff patrol supervisors who suffer any condition or impairment of health caused by methicillin resistant staphylococcus aureus (MRSA) or Staph/MRSA; provides that such disability benefits shall be three-quarters of a member's final average salary.
STATE OF NEW YORK
________________________________________________________________________
6242--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees -- 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
establishing disability retirement benefits for correction officers,
correction supervisors, deputy sheriff patrols and deputy sheriff
patrol supervisors who suffer any condition or impairment of health
caused by methicillin resistant staphylococcus aureus (MRSA) or
Staph/MRSA
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 605-f to read as follows:
3 § 605-f. Disability retirement for correction officers, correction
4 supervisors, deputy sheriff patrols and deputy sheriff patrol supervi-
5 sors. a. A member employed as a correction officer, correction supervi-
6 sor, deputy sheriff patrol or deputy sheriff patrol supervisor shall be
7 entitled to a disability retirement allowance, if, at the time applica-
8 tion therefor is filed, such member is physically incapacitated for
9 performance of duty as a result of methicillin resistant staphylococcus
10 aureus (MRSA) or Staph/MRSA while so employed and as a result of his or
11 her employment.
12 b. Notwithstanding any provision of this chapter or of any general,
13 special or local law to the contrary, any correction officer, correction
14 supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor
15 who is diagnosed with methicillin resistant staphylococcus aureus (MRSA)
16 or Staph/MRSA, resulting in disability to such member, presently
17 employed, and who shall have sustained such disability while so
18 employed, shall have such diagnosis be presumptive evidence that such
19 disability was incurred in the performance and discharge of duty, unless
20 the contrary be proven by competent evidence; provided, however, that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09484-04-9
A. 6242--A 2
1 prior to entry into service, such correction officer, correction super-
2 visor, deputy sheriff patrol or deputy sheriff patrol supervisor
3 successfully passed a physical examination which failed to disclose
4 evidence of any methicillin resistant staphylococcus aureus (MRSA) or
5 Staph/MRSA.
6 c. The annual retirement allowance payable shall be equal to three-
7 quarters of his or her final average salary.
8 § 2. Notwithstanding any other provision of law to the contrary, none
9 of the provisions of this act shall be subject to section 25 of the
10 retirement and social security law.
11 § 3. 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 a performance of duty disability benefit of 75%
of final average salary if he or she is disabled due to job related
contraction of methicillin resistant staphylococcus aureus (MRSA) or
Staph/MRSA. There will be no reduction for any benefits received under
Worker's Compensation. The provisions of Section 25 of the Retirement
and Social Security Law (RSSL) will not apply.
If this bill is enacted, it would lead to more disabilities being
classified as "in performance of duty". The cost of the revised benefit
will depend upon the applicant's age, service, salary, plan, and benefit
type otherwise payable.
Benefit Ordinary In Performance
without enactment: None Disability of Duty Disability Service
Cost for 9.5 times 5.5 times 2.5 times
revised benefit: salary salary 3 times salary salary
The number of members and retirees who could be affected by this
legislation cannot be readily determined. All costs arising from this
bill would be shared by the State of New York and all of the participat-
ing 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, 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 May 13, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-115, prepared by
the Actuary for the New York State and Local Retirement System.
