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S03841 Summary:

BILL NOS03841
 
SAME ASSAME AS A05301
 
SPONSORGOUNARDES
 
COSPNSRADDABBO, AKSHAR, COMRIE, FUNKE, HARCKHAM, JACOBS, JORDAN, KAMINSKY, KAPLAN, SALAZAR, SAVINO, SKOUFIS, STAVISKY
 
MLTSPNSR
 
Amd §363-a, R & SS L
 
Includes SUNY police officers for purposes of presumption regarding impairment caused by heart disease.
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S03841 Actions:

BILL NOS03841
 
02/19/2019REFERRED TO CIVIL SERVICE AND PENSIONS
04/30/20191ST REPORT CAL.522
05/01/20192ND REPORT CAL.
05/06/2019ADVANCED TO THIRD READING
05/07/2019PASSED SENATE
05/07/2019DELIVERED TO ASSEMBLY
05/07/2019referred to ways and means
06/11/2019substituted for a5301
06/11/2019ordered to third reading rules cal.84
06/11/2019passed assembly
06/11/2019returned to senate
12/20/2019DELIVERED TO GOVERNOR
12/20/2019VETOED MEMO.265
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S03841 Committee Votes:

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S03841 Floor Votes:

DATE:06/11/2019Assembly Vote  YEA/NAY: 138/4
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
No
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
No
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
ER
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
ER
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
ER
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
No
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
ER
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
ER
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
ER
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S03841 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3841
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 19, 2019
                                       ___________
 
        Introduced by Sen. GOUNARDES -- 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
          certain disabilities of university police officers  appointed  by  the
          state university of New York

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 363-a of the retirement and social
     2  security law, as amended by chapter 437 of the laws of 2016, is  amended
     3  to read as follows:
     4    3.  As used in this section, the terms "firefighter" and "police offi-
     5  cer" mean any member who is performing police or fire  service,  as  the
     6  phrase police or fire service is defined in paragraphs a, b, c, d, f (as
     7  added by chapter six hundred seventy-four of the laws of nineteen eight-
     8  y-six),  f (as added by chapter six hundred seventy-seven of the laws of
     9  nineteen eighty-six), g, h, i and j of  subdivision  eleven  of  section
    10  three  hundred two of this article, and who, prior to entry into service
    11  as a firefighter or police officer, successfully passed a physical exam-
    12  ination which failed to  disclose  evidence  of  any  disease  or  other
    13  impairment of the heart.
    14    §  2.  The  amendments  to  section 363-a of the retirement and social
    15  security law made by section one of this act shall not  affect,  impair,
    16  or  invalidate  any  temporary  right,  privilege,  or benefit conferred
    17  pursuant to the provisions of a general, special  or  local  law  (other
    18  than pursuant to articles 14 and 15 of the retirement and social securi-
    19  ty  law)  for  any  member of a public retirement system or pension plan
    20  funded by the state or one of its political subdivisions, nor shall  any
    21  amendments thereto affect the application of such provisions as extended
    22  by  the  provisions of section 480 of the retirement and social security
    23  law.
    24    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08624-02-9

        S. 3841                             2
 
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  is  a  technical  correction to Chapter 561 of the Laws of
        2015.   It would add a  "heart  bill"  performance  of  duty  disability
        provision  for  police  officers of the State University of New York who
        are members of the New York State and Local Police and  Fire  Retirement
        System.
          If  this  bill  is  enacted,  it could lead to more disabilities being
        classified as "performance of duty". We anticipate that few  performance
        of  duty disability retirements will be granted, and thus, the resulting
        costs will be negligible.
          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 January 31,  2019,  and  intended  for  use  only
        during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-45,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
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