New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A10614 Summary:

A10614 Actions:

A10614 Committee Votes:

Committee:GOVERNMENTAL EMPLOYEES   Chair:Abbate      
DATE:06/14/2016AYE/NAY:14/0  Action: Favorable refer to committee Ways and Means        
Abbate
Aye
Malliotakis
Aye
Aubry
Aye
Saladino
Aye
Colton
Aye
Johns
Aye
Cusick
Aye
Palumbo
Aye
Zebrowski
Aye
DenDekker
Aye
Goldfeder
Aye
Solages
Aye
Santabarbara
Aye
Ceretto
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/15/2016AYE/NAY:32/1  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Saladino
Aye
Glick
Nay
Hawley
Aye
Nolan
Excused
Duprey
Aye
Pretlow
Aye
Corwin
Aye
Perry
Aye
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Excused
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye

Committee:RULES   Chair:Heastie      
DATE:06/16/2016AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A10614 Floor Votes:

A10614 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10614
 
                   IN ASSEMBLY
 
                                      June 8, 2016
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of 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
          disability benefits for firefighters employed by the division of mili-
          tary and naval affairs
 
          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  two new sections 63-g and 63-h to read as follows:
     3    § 63-g. Performance of duty disability retirement. a.  Any  member  of
     4  the  retirement  system  employed  by the division of military and naval
     5  affairs shall be eligible to retire pursuant to the provisions  of  this
     6  section if he or she is an airport firefighter apprentice, airport fire-
     7  fighter  I,  airport firefighter II, airport firefighter III or training
     8  and safety officer.
     9    b. Notwithstanding any provision of this chapter or of any general  or
    10  special  law  to  the  contrary,  any  member  who becomes physically or
    11  mentally incapacitated as the result of a disability from any  condition
    12  of impairment of health caused by: (1) diseases of the heart; or (2) any
    13  (i) melanoma or (ii) condition of cancer affecting the lymphatic, diges-
    14  tive,  hematological,  urinary,  neurological,  breast,  reproductive or
    15  prostate systems, who is presently employed and who shall have sustained
    16  such disability while so employed and while actually  a  member  of  the
    17  retirement  system,  who  successfully  passed a physical examination on
    18  entry into service as an airport firefighter apprentice,  airport  fire-
    19  fighter  I,  airport firefighter II, airport firefighter III or training
    20  and safety officer, which examination failed to disclose evidence of any
    21  disease or other impairment of the heart or such melanoma or  condition,
    22  shall  be  presumptive  evidence  that  such disability or death (A) was
    23  caused by the natural and proximate result of an accident, not caused by
    24  such firefighter's own negligence and (B) was incurred in  the  perform-
    25  ance  and  discharge of duty, unless the contrary be proven by competent
    26  evidence and shall be paid a performance of duty  disability  retirement
    27  benefit payable pursuant to this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15496-02-6
        A. 10614                            2
 
     1    c.  Application for a performance of duty disability retirement allow-
     2  ance for such a member may be made by:
     3    1. Such member;
     4    2. The head of the department in which such member is employed; or
     5    3. Some person acting on behalf of and authorized by such member.
     6    d.  After the filing of such an application such member shall be given
     7  one or more medical examinations.
     8    e. If the comptroller determines that  the  member  is  physically  or
     9  mentally  incapacitated  for  the  performance  of  duty and ought to be
    10  retired for performance of duty disability,  such  member  shall  be  so
    11  retired.    Such  retirement shall be effective as of a date approved by
    12  the comptroller.
    13    f. The retirement allowance payable upon retirement for performance of
    14  duty disability shall consist of a pension of one-half  of  his  or  her
    15  final average salary plus an annuity which shall be the actuarial equiv-
    16  alent of such member's accumulated contributions, if any.
    17    g.  If  the  member, at the time of the filing of an application under
    18  the provisions of subdivision c of  this  section,  is  eligible  for  a
    19  service  retirement  benefit,  then  and  in that event, such member may
    20  simultaneously file an application for service retirement in  accordance
    21  with  the  provisions  of section seventy of this article, provided that
    22  the member indicates on the application for service retirement that such
    23  application is filed without prejudice to the application  for  perform-
    24  ance of duty disability retirement.
    25    h.  Any benefit provided pursuant to this section shall not be consid-
    26  ered as an accidental disability benefit within the meaning  of  section
    27  sixty-four  of this title.  Any benefit payable pursuant to the workers'
    28  compensation law to a member receiving a disability  allowance  pursuant
    29  to  this  section shall be in addition to such retirement for disability
    30  incurred in performance of duty allowance.
    31    § 63-h. Certain impairments of health; presumption. a. Any  member  of
    32  the  retirement  system  employed  by the division of military and naval
    33  affairs shall be eligible to retire pursuant to the provisions  of  this
    34  section if he or she is an airport firefighter apprentice, airport fire-
    35  fighter  I,  airport firefighter II, airport firefighter III or training
    36  and safety officer.
    37    b. Notwithstanding any provision of this chapter or of any general  or
    38  special  law  to  the  contrary,  any  condition of impairment of health
    39  caused by: (1) diseases of the heart; or (2) any (i)  melanoma  or  (ii)
    40  condition  of  cancer affecting the lymphatic, digestive, hematological,
    41  urinary, neurological, breast, reproductive or prostate systems  result-
    42  ing  in  disability  to  a  member  covered  by  this section, presently
    43  employed and who shall have sustained such disability as the  result  of
    44  an accident not caused by his or her own willful negligence sustained in
    45  such  service  and while actually a member of the retirement system, who
    46  successfully passed a physical examination on entry into service  as  an
    47  airport  firefighter  apprentice,  airport  firefighter I, airport fire-
    48  fighter II, airport firefighter III or training and safety officer which
    49  examination failed to disclose evidence of any disease or other  impair-
    50  ment  of  the  heart or such melanoma or condition, shall be presumptive
    51  evidence that such disability or death (A) was caused by the natural and
    52  proximate result of an accident, not caused by  such  firefighter's  own
    53  negligence  and  (B)  was  incurred  in the performance and discharge of
    54  duty, unless the contrary be proven by competent evidence and  shall  be
    55  paid a performance of duty disability retirement allowance equal to that
        A. 10614                            3
 
     1  which  is  provided in section sixty-three of this title, subject to the
     2  provisions of section sixty-four of this title.
     3    c.  Notwithstanding any provision of this chapter or of any general or
     4  special law to the contrary,  any  condition  of  impairment  of  health
     5  caused  by  diseases  of  the  lung, resulting in disability to a member
     6  covered by this section, presently employed and while actually a  member
     7  of the retirement system, who successfully passed a physical examination
     8  on  entry  into  service  as  an airport firefighter apprentice, airport
     9  firefighter I, airport firefighter II, airport firefighter III or train-
    10  ing and safety officer, which examination failed to disclose evidence of
    11  any disease or other  impairment  of  the  lung,  shall  be  presumptive
    12  evidence that such disability or death (1) was caused by the natural and
    13  proximate  result  of  an accident, not caused by such firefighter's own
    14  negligence and (2) was incurred in  the  performance  and  discharge  of
    15  duty,  unless  the contrary be proven by competent evidence and shall be
    16  paid a performance of duty disability retirement allowance equal to that
    17  which is provided in section sixty-three of this title, subject  to  the
    18  provisions of section sixty-four of this title.
    19    §  2.  The retirement and social security law is amended by adding two
    20  new sections 607-i and 607-j to read as follows:
    21    § 607-i. Performance of duty disability retirement. a. Any  member  of
    22  the  retirement  system  employed  by the division of military and naval
    23  affairs shall be eligible to retire pursuant to the provisions  of  this
    24  section if he or she is an airport firefighter apprentice, airport fire-
    25  fighter  I,  airport firefighter II, airport firefighter III or training
    26  and safety officer.
    27    b. Notwithstanding any provision of this chapter or of any general  or
    28  special  law  to  the  contrary,  any  member  who becomes physically or
    29  mentally incapacitated as the result of a disability from any  condition
    30  of impairment of health caused by: (1) diseases of the heart; or (2) any
    31  (i) melanoma or (ii) condition of cancer affecting the lymphatic, diges-
    32  tive,  hematological,  urinary,  neurological,  breast,  reproductive or
    33  prostate systems, who is presently employed and who shall have sustained
    34  such disability while so employed and while actually  a  member  of  the
    35  retirement  system,  who  successfully  passed a physical examination on
    36  entry into service as an airport firefighter apprentice,  airport  fire-
    37  fighter  I,  airport firefighter II, airport firefighter III or training
    38  and safety officer, which examination failed to disclose evidence of any
    39  disease or other impairment of the heart or such melanoma or  condition,
    40  shall  be  presumptive  evidence  that  such disability or death (A) was
    41  caused by the natural and proximate result of an accident, not caused by
    42  such firefighter's own negligence and (B) was incurred in  the  perform-
    43  ance  and  discharge of duty, unless the contrary be proven by competent
    44  evidence and shall be paid a performance of duty  disability  retirement
    45  benefit payable pursuant to this section.
    46    c.  Application for a performance of duty disability retirement allow-
    47  ance for such a member may be made by:
    48    1. Such member;
    49    2. The head of the department in which such member is employed; or
    50    3. Some person acting on behalf of and authorized by such member.
    51    d.  After the filing of such an application such member shall be given
    52  one or more medical examinations.
    53    e. If the comptroller determines that  the  member  is  physically  or
    54  mentally  incapacitated  for  the  performance  of  duty and ought to be
    55  retired for performance of duty disability,  such  member  shall  be  so
        A. 10614                            4
 
     1  retired. Such retirement shall be effective as of a date approved by the
     2  comptroller.
     3    f. The retirement allowance payable upon retirement for performance of
     4  duty  disability  shall  consist  of a pension of one-half of his or her
     5  final average salary plus an annuity which shall be the actuarial equiv-
     6  alent of such member's accumulated contributions, if any.
     7    g. If the member, at the time of the filing of  an  application  under
     8  the  provisions  of  subdivision  c  of  this section, is eligible for a
     9  service retirement benefit, then and in  that  event,  such  member  may
    10  simultaneously  file an application for service retirement in accordance
    11  with the provisions of section seventy of this  chapter,  provided  that
    12  the member indicates on the application for service retirement that such
    13  application  is  filed without prejudice to the application for perform-
    14  ance of duty disability retirement.
    15    h. Any benefit provided pursuant to this section shall not be  consid-
    16  ered  as  an accidental disability benefit within the meaning of section
    17  sixty-four of this chapter. Any benefit payable pursuant to the workers'
    18  compensation law to a member receiving a disability  allowance  pursuant
    19  to  this  section shall be in addition to such retirement for disability
    20  incurred in performance of duty allowance.
    21    § 607-j. Certain impairments of health; presumption. a. Any member  of
    22  the  retirement  system  employed  by the division of military and naval
    23  affairs shall be eligible to retire pursuant to the provisions  of  this
    24  section if he or she is an airport firefighter apprentice, airport fire-
    25  fighter  I,  airport firefighter II, airport firefighter III or training
    26  and safety officer.
    27    b. Notwithstanding any provision of this chapter or of any general  or
    28  special  law  to  the  contrary,  any  condition of impairment of health
    29  caused by: (1) diseases of the heart; or (2) any (i)  melanoma  or  (ii)
    30  condition  of  cancer affecting the lymphatic, digestive, hematological,
    31  urinary, neurological, breast, reproductive or prostate systems  result-
    32  ing  in  disability  to  a  member  covered  by  this section, presently
    33  employed and who shall have sustained such disability as the  result  of
    34  an accident not caused by his or her own willful negligence sustained in
    35  such  service  and while actually a member of the retirement system, who
    36  successfully passed a physical examination on entry into service  as  an
    37  airport  firefighter  apprentice,  airport  firefighter I, airport fire-
    38  fighter II, airport firefighter III or training and safety officer which
    39  examination failed to disclose evidence of any disease or other  impair-
    40  ment  of  the  heart or such melanoma or condition, shall be presumptive
    41  evidence that such disability or death (A) was caused by the natural and
    42  proximate result of an accident, not caused by  such  firefighter's  own
    43  negligence  and  (B)  was  incurred  in the performance and discharge of
    44  duty, unless the contrary be proven by competent evidence and  shall  be
    45  paid a performance of duty disability retirement allowance equal to that
    46  which is provided in section sixty-three of this chapter, subject to the
    47  provisions of sections sixty-three and sixty-four of this chapter.
    48    c.  Notwithstanding any provision of this chapter or of any general or
    49  special law to the contrary,  any  condition  of  impairment  of  health
    50  caused  by  diseases  of  the  lung, resulting in disability to a member
    51  covered by this section, presently employed and while actually a  member
    52  of the retirement system, who successfully passed a physical examination
    53  on  entry  into  service  as  an airport firefighter apprentice, airport
    54  firefighter I, airport firefighter II, airport firefighter III or train-
    55  ing and safety officer, which examination failed to disclose evidence of
    56  any disease or other  impairment  of  the  lung,  shall  be  presumptive
        A. 10614                            5
 
     1  evidence that such disability or death (1) was caused by the natural and
     2  proximate  result  of  an accident, not caused by such firefighter's own
     3  negligence and (2) was incurred in  the  performance  and  discharge  of
     4  duty,  unless  the contrary be proven by competent evidence and shall be
     5  paid a performance of duty disability retirement allowance equal to that
     6  which is provided in section sixty-three of this chapter, subject to the
     7  provisions of section sixty-four of this chapter.
     8    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would grant improved disability pensions  to  airport  fire-
        fighters and training and safety officers in the New York State division
        of  military and naval affairs who sustain a disability related to heart
        disease, lung disease and certain forms of cancer. This bill would  help
        individuals who sustained such disabilities to establish the presumption
        that they were incurred in the performance and discharge of duty, unless
        the contrary be proven by competent evidence. The benefit for a heart or
        cancer related accidental disability, or a lung disease related perform-
        ance of duty disability would be 75% of final average salary (FAS) minus
        worker's  compensation  (WC).  The benefit for a heart or cancer related
        performance of duty disability benefit would be  50%  of  final  average
        salary.
          If  this  bill is enacted, the disability benefits of affected members
        with heart, lung or certain cancer related disabilities  would  increase
        from approximately 1/3 of FAS to 50% of FAS, or 75% of FAS minus WC. The
        estimated  increase in the annual contributions of the State of New York
        for the fiscal  year  ending  March  31,  2017  would  be  approximately
        $25,000.
          These  estimated costs are based on 69 members having an annual salary
        for the fiscal year ending March 31, 2015 of approximately $4 million.
          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, 2015 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2015
        Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2015
        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, 2015
        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 estimate, dated June 2, 2016, and intended for  use  only  during
        the  2016  Legislative Session, is Fiscal Note No. 2016-104, prepared by
        the Actuary for the New York State and Local Retirement System.