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S01889 Summary:

S01889 Actions:

S01889 Committee Votes:

S01889 Floor Votes:

S01889 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1889--C
            Cal. No. 999
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2021
                                       ___________
 
        Introduced  by  Sens. SKOUFIS, ADDABBO, BROOKS, JACKSON, MANNION -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on Civil Service and Pensions -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  recommitted to the Committee on Civil Service and Pensions in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported favorably from said committee  and  committed  to  the
          Committee  on  Finance  --  reported  favorably  from  said committee,
          ordered to first report, amended on first report, ordered to a  second
          report  and  ordered  reprinted,  retaining  its place in the order of
          second report
 
        AN ACT to amend the retirement and social security law, in  relation  to
          providing   accidental   disability   retirement   benefits  for  fire
          protection specialists
 
          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 607-l to read as follows:
     3    §  607-l. Performance of duty disability retirement; division of home-
     4  land security and emergency services. a. Any employee of the division of
     5  homeland security and  emergency  services  in  the  title  series  fire
     6  protection  specialist  who becomes physically or mentally incapacitated
     7  for the performance of duty as the natural and proximate  result  of  an
     8  injury  sustained  in  the performance or discharge of his or her duties
     9  shall be paid a performance  of  duty  disability  retirement  allowance
    10  equal  to  that which is provided in section sixty-three-b of this chap-
    11  ter.
    12    b. Notwithstanding any provision of this chapter or of any general  or
    13  special  law  to  the  contrary,  any  condition of impairment of health
    14  caused by diseases of the heart resulting in disability or death  to  an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06053-08-2
        S. 1889--C                          2
 
     1  employee  covered  by  this  section  presently  employed who shall have
     2  sustained such disability while so employed and who successfully  passed
     3  a  physical  examination on entry into service, which examination failed
     4  to  disclose  evidence  of any disease or other impairment of the heart,
     5  shall be presumptive  evidence  that  such  disease  or  impairment  was
     6  incurred  in  the performance and discharge of duty, unless the contrary
     7  be proved by competent evidence.
     8    §  2.  All  past  service  costs  associated  with  implementing   the
     9  provisions of this act shall be borne by the state of New York.
    10    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  allow certain employees of the Division of Homeland
        Security and Emergency Services (DHSES) in the job  title  series  "fire
        protection  specialist"  to be eligible to receive a performance of duty
        disability benefit of 75% of final average salary, less worker's compen-
        sation.  Further, this proposal provides that diseases of the heart  are
        presumed  to  have  occurred in the performance of duty. Currently, such
        members are eligible for a benefit of one-third of final average  salary
        in the event of an accidental or ordinary disability.
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate  that  there  will be an increase of approximately $170,000 in the
        annual contributions of the State of New York for the fiscal year ending
        March 31, 2023. In future years, this cost  will  vary  as  the  billing
        rates and salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost of approximately $749,000 which will be
        borne by the State of New York as a one-time payment. This  estimate  is
        based on the assumption that payment will be made on March 1, 2023.
          These  estimated  costs  are based on 165 affected members employed by
        the State of New York, with annual salary of approximately $15.4 million
        as of March 31, 2021.  The affected members were  identified  using  job
        title codes previously provided by the New York State Assembly.
          Summary of relevant resources:
          Membership  data as of March 31, 2021 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        and  2021 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, 2021
        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 December 14, 2021,  and  intended  for  use  only
        during the 2022 Legislative Session, is Fiscal Note No. 2022-7, prepared
        by the Actuary for the New York State and Local Retirement System.