STATE OF NEW YORK
________________________________________________________________________
3801
2019-2020 Regular Sessions
IN SENATE
February 14, 2019
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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, who is presently
12 employed and who shall have sustained such disability while so employed
13 and while actually a member of the retirement system, provided that such
14 disability or death (A) was caused by the natural and proximate result
15 of a disability, not caused by such firefighter's own willful negligence
16 and (B) was incurred in the performance and discharge of duty, unless
17 the contrary be proven by competent evidence, shall be paid a perform-
18 ance of duty disability retirement benefit payable pursuant to this
19 section.
20 c. Application for a performance of duty disability retirement allow-
21 ance for such a member may be made by:
22 1. Such member;
23 2. The head of the department in which such member is employed; or
24 3. Some person acting on behalf of and authorized by such member.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06127-02-9
S. 3801 2
1 d. After the filing of such an application such member shall be given
2 one or more medical examinations. If the comptroller determines that
3 the member is physically or mentally incapacitated for the performance
4 of duty and ought to be retired for performance of duty disability, such
5 member shall be so retired. Such retirement shall be effective as of a
6 date approved by the comptroller.
7 e. The retirement allowance payable upon retirement for performance of
8 duty disability shall consist of a pension of one-half of his or her
9 final average salary plus an annuity which shall be the actuarial equiv-
10 alent of such member's accumulated contributions, if any.
11 f. If the member, at the time of the filing of an application under
12 the provisions of subdivision c of this section, is eligible for a
13 service retirement benefit, then and in that event, such member may
14 simultaneously file an application for service retirement in accordance
15 with the provisions of section seventy of this article, provided that
16 the member indicates on the application for service retirement that such
17 application is filed without prejudice to the application for perform-
18 ance of duty disability retirement.
19 g. Any benefit provided pursuant to this section shall not be consid-
20 ered as an accidental disability benefit within the meaning of section
21 sixty-four of this title. Any benefit payable pursuant to the workers'
22 compensation law to a member receiving a disability allowance pursuant
23 to this section shall be in addition to such retirement for disability
24 incurred in performance of duty allowance.
25 § 63-h. Certain impairments of health; presumption. a. Any member of
26 the retirement system employed by the division of military and naval
27 affairs shall be eligible to retire pursuant to the provisions of this
28 section if he or she is an airport firefighter apprentice, airport fire-
29 fighter I, airport firefighter II, airport firefighter III or training
30 and safety officer.
31 b. Notwithstanding any provision of this chapter or of any general or
32 special law to the contrary, any condition of impairment of health
33 caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii)
34 condition of cancer affecting the lymphatic, digestive, hematological,
35 urinary, neurological, breast, reproductive or prostate systems result-
36 ing in disability to a member covered by this section, presently
37 employed, who successfully passed a physical examination on entry into
38 service as an airport firefighter apprentice, airport firefighter I,
39 airport firefighter II, airport firefighter III or training and safety
40 officer which examination failed to reveal evidence of any disease or
41 other impairment of the heart or such melanoma or condition, shall be
42 presumptive evidence that it was incurred in the performance and
43 discharge of duty, unless the contrary be proven by competent evidence
44 and shall be paid a performance of duty disability retirement allowance
45 equal to that which is provided in section sixty-three of this title,
46 subject to the provisions of section sixty-four of this title.
47 c. Notwithstanding any provision of this chapter or of any general or
48 special law to the contrary, any condition of impairment of health
49 caused by diseases of the lung, resulting in disability to a member
50 covered by this section, presently employed, who successfully passed a
51 physical examination on entry into service as an airport firefighter
52 apprentice, airport firefighter I, airport firefighter II, airport fire-
53 fighter III or training and safety officer, which examination failed to
54 disclose evidence of any disease or other impairment of the lung, shall
55 be presumptive evidence that it was incurred in the performance and
56 discharge of duty, unless the contrary be proven by competent evidence
S. 3801 3
1 and shall be paid a performance of duty disability retirement allowance
2 equal to that which is provided in section sixty-three of this title,
3 subject to the provisions of section sixty-four of this title.
4 d. After the filing of an application such member shall be given one
5 or more medical examinations. If the comptroller determines that the
6 member is physically or mentally incapacitated for the performance of
7 duty and ought to be retired for performance of duty disability, such
8 member shall be so retired. Such retirement shall be effective as of a
9 date approved by the comptroller.
10 e. If the member, at the time of the filing of such application, is
11 eligible for a service retirement benefit, then and in that event, such
12 member may simultaneously file an application for service retirement,
13 provided that the member indicates on the application for service
14 retirement that such application is filed without prejudice to the
15 application for performance of duty disability retirement.
16 § 2. The retirement and social security law is amended by adding two
17 new sections 607-i and 607-j to read as follows:
18 § 607-i. Performance of duty disability retirement. a. Any member of
19 the retirement system employed by the division of military and naval
20 affairs shall be eligible to retire pursuant to the provisions of this
21 section if he or she is an airport firefighter apprentice, airport fire-
22 fighter I, airport firefighter II, airport firefighter III or training
23 and safety officer.
24 b. Notwithstanding any provision of this chapter or of any general or
25 special law to the contrary, any member who becomes physically or
26 mentally incapacitated as the result of a disability, who is presently
27 employed and who shall have sustained such disability while so employed
28 and while actually a member of the retirement system, provided that such
29 disability or death (A) was caused by the natural and proximate result
30 of a disability, not caused by such firefighter's own willful negligence
31 and (B) was incurred in the performance and discharge of duty, unless
32 the contrary be proven by competent evidence, shall be paid a perform-
33 ance of duty disability retirement benefit payable pursuant to this
34 section.
35 c. Application for a performance of duty disability retirement allow-
36 ance for such a member may be made by:
37 1. Such member;
38 2. The head of the department in which such member is employed; or
39 3. Some person acting on behalf of and authorized by such member.
40 d. After the filing of such an application such member shall be given
41 one or more medical examinations. If the comptroller determines that
42 the member is physically or mentally incapacitated for the performance
43 of duty and ought to be retired for performance of duty disability, such
44 member shall be so retired. Such retirement shall be effective as of a
45 date approved by the comptroller.
46 e. The retirement allowance payable upon retirement for performance of
47 duty disability shall consist of a pension of one-half of his or her
48 final average salary plus an annuity which shall be the actuarial equiv-
49 alent of such member's accumulated contributions, if any.
50 f. If the member, at the time of the filing of an application under
51 the provisions of subdivision c of this section, is eligible for a
52 service retirement benefit, then and in that event, such member may
53 simultaneously file an application for service retirement in accordance
54 with the provisions of section seventy of this chapter, provided that
55 the member indicates on the application for service retirement that such
S. 3801 4
1 application is filed without prejudice to the application for perform-
2 ance of duty disability retirement.
3 g. Any benefit provided pursuant to this section shall not be consid-
4 ered as an accidental disability benefit within the meaning of section
5 sixty-four of this chapter. Any benefit payable pursuant to the workers'
6 compensation law to a member receiving a disability allowance pursuant
7 to this section shall be in addition to such retirement for disability
8 incurred in performance of duty allowance.
9 § 607-j. Certain impairments of health; presumption. a. Any member of
10 the retirement system employed by the division of military and naval
11 affairs shall be eligible to retire pursuant to the provisions of this
12 section if he or she is an airport firefighter apprentice, airport fire-
13 fighter I, airport firefighter II, airport firefighter III or training
14 and safety officer.
15 b. Notwithstanding any provision of this chapter or of any general or
16 special law to the contrary, any condition of impairment of health
17 caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii)
18 condition of cancer affecting the lymphatic, digestive, hematological,
19 urinary, neurological, breast, reproductive or prostate systems result-
20 ing in disability to a member covered by this section, presently
21 employed, who successfully passed a physical examination on entry into
22 service as an airport firefighter apprentice, airport firefighter I,
23 airport firefighter II, airport firefighter III or training and safety
24 officer which examination failed to reveal evidence of any disease or
25 other impairment of the heart or such melanoma or condition, shall be
26 presumptive evidence that it was incurred in the performance and
27 discharge of duty, unless the contrary be proven by competent evidence
28 and shall be paid a performance of duty disability retirement allowance
29 equal to that which is provided in section sixty-three of this chapter,
30 subject to the provisions of sections sixty-three and sixty-four of this
31 chapter.
32 c. Notwithstanding any provision of this chapter or of any general or
33 special law to the contrary, any condition of impairment of health
34 caused by diseases of the lung, resulting in disability to a member
35 covered by this section, presently employed, who successfully passed a
36 physical examination on entry into service as an airport firefighter
37 apprentice, airport firefighter I, airport firefighter II, airport fire-
38 fighter III or training and safety officer, which examination failed to
39 disclose evidence of any disease or other impairment of the lung, shall
40 be presumptive evidence that it was incurred in the performance and
41 discharge of duty, unless the contrary be proven by competent evidence
42 and shall be paid a performance of duty disability retirement allowance
43 equal to that which is provided in section sixty-three of this chapter,
44 subject to the provisions of section sixty-four of this chapter.
45 d. After the filing of an application such member shall be given one
46 or more medical examinations. If the comptroller determines that the
47 member is physically or mentally incapacitated for the performance of
48 duty and ought to be retired for performance of duty disability, such
49 member shall be so retired. Such retirement shall be effective as of a
50 date approved by the comptroller.
51 e. If the member, at the time of the filing of such application, is
52 eligible for a service retirement benefit, then and in that event, such
53 member may simultaneously file an application for service retirement,
54 provided that the member indicates on the application for service
55 retirement that such application is filed without prejudice to the
56 application for performance of duty disability retirement.
S. 3801 5
1 § 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 in the perform-
ance of their duties equal to 50% of final average salary (FAS), or 75%
of FAS less worker's compensation (WC) when such disability is related
to heart disease, lung disease, or certain forms of cancer, unless the
contrary be proven by competent evidence. Currently, affected members
are entitled to an ordinary disability benefit of 1/3 of FAS.
If this bill is enacted during the 2019 legislative session, we antic-
ipate that there will be an increase of approximately $95,000 in the
annual contributions of for the fiscal year ending March 31, 2020. 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 $725,000 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, 2020.
These estimated costs are based on 71 members having an annual salary
for the fiscal year ending March 31, 2018 of approximately $4.4 million.
Summary of relevant resources:
The identities of the members who are affected by this legislation are
not obtainable from our database. Job title code data provided by the
Civil Service Employees Association was relied upon to identify affected
members.
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 22, 2019, and intended for use only
during the 2019 Legislative Session, is Fiscal Note No. 2019-30,
prepared by the Actuary for the New York State and Local Retirement
System.