S03944 Summary:

BILL NOS03944B
 
SAME ASNo Same As
 
SPONSORGOUNARDES
 
COSPNSRBROOKS, FUNKE
 
MLTSPNSR
 
Add 63-g & 605-f, R & SS L
 
Relates to providing a heart disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors.
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S03944 Actions:

BILL NOS03944B
 
02/21/2019REFERRED TO CIVIL SERVICE AND PENSIONS
03/05/20191ST REPORT CAL.230
03/06/20192ND REPORT CAL.
03/07/2019ADVANCED TO THIRD READING
05/14/2019AMENDED ON THIRD READING 3944A
05/20/2019PASSED SENATE
05/20/2019DELIVERED TO ASSEMBLY
05/20/2019referred to ways and means
01/08/2020died in assembly
01/08/2020returned to senate
01/08/2020REFERRED TO CIVIL SERVICE AND PENSIONS
03/11/2020AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
03/11/2020PRINT NUMBER 3944B
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S03944 Committee Votes:

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S03944 Floor Votes:

There are no votes for this bill in this legislative session.
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S03944 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3944--B
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2019
                                       ___________
 
        Introduced  by Sens. GOUNARDES, FUNKE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions -- reported favorably from said committee, ordered  to  first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the order of third reading -- recom-
          mitted 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 committee
 
        AN ACT to amend the retirement and social security law, in  relation  to
          providing   a  heart  disease  presumption  for  correction  officers,
          correction supervisors, deputy sheriff patrol or deputy sheriff patrol
          supervisors
 
          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 63-g to read as follows:
     3    § 63-g. Disability benefits; certain disabilities. Notwithstanding any
     4  provision of this chapter or of any general, special or local law to the
     5  contrary, any member who is a correction officer, correction supervisor,
     6  deputy  sheriff patrol or deputy sheriff patrol supervisor who contracts
     7  any condition of impairment of health caused by diseases of  the  heart,
     8  resulting  in disability or death to such correction officer, correction
     9  supervisor, deputy sheriff patrol or deputy sheriff  patrol  supervisor,
    10  presently  employed,  and who shall have sustained such disability while
    11  so employed, shall be presumptive  evidence  that  such  disability  was
    12  incurred  in  the  performance and discharge of duty and the natural and
    13  proximate result of an accident, unless the contrary be proved by compe-
    14  tent evidence; provided, however, that prior to entry into service, such
    15  correction officer, correction  supervisor,  deputy  sheriff  patrol  or
    16  deputy sheriff patrol supervisor successfully passed a physical examina-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09481-06-0

        S. 3944--B                          2
 
     1  tion  which  failed to disclose evidence of any disease or other impair-
     2  ment of the heart.
     3    § 2. The retirement and social security law is amended by adding a new
     4  section 605-f to read as follows:
     5    §  605-f.  Disability  benefits; certain disabilities. Notwithstanding
     6  any provision of this chapter or of any general, special or local law to
     7  the contrary, any member who is a correction officer, correction  super-
     8  visor,  deputy  sheriff  patrol  or deputy sheriff patrol supervisor who
     9  contracts any condition of impairment of health caused  by  diseases  of
    10  the  heart, resulting in disability or death to such correction officer,
    11  correction supervisor, deputy sheriff patrol or  deputy  sheriff  patrol
    12  supervisor,  presently employed, and who shall have sustained such disa-
    13  bility while so employed, shall be presumptive evidence that such  disa-
    14  bility  was  incurred  in  the performance and discharge of duty and the
    15  natural and proximate result of an  accident,  unless  the  contrary  be
    16  proved  by  competent  evidence;  provided, however, that prior to entry
    17  into service, such correction  officer,  correction  supervisor,  deputy
    18  sheriff patrol or deputy sheriff patrol supervisor successfully passed a
    19  physical examination which failed to disclose evidence of any disease or
    20  other impairment of the heart.
    21    §  3. Notwithstanding any other provision of law to the contrary, none
    22  of the provisions of this act shall be subject  to  section  25  of  the
    23  retirement and social security law.
    24    § 4. 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 an accidental disability benefit if the member is
        impaired due to a condition of the heart as a result of an accident,  in
        the  performance  of his or her duties, unless the contrary be proven by
        competent evidence. For members in Tiers 1 and  2,  the  annual  benefit
        would  be  3/4 of final average salary (FAS) less worker's compensation.
        For members in Tiers 3-6 who are covered under the provisions of Article
        14-B of the Retirement and Social Security Law (RSSL), the annual  bene-
        fit  would  be  2/3  of  FAS  less  worker's compensation. For all other
        affected members in Tiers 3-6, the annual benefit would be 1/3  of  FAS.
        The provisions of Section 25 of the RSSL will not apply.
          If  this  bill  is  enacted,  it would lead to more disabilities being
        classified as "accidental". The cost of the revised benefit will  depend
        upon the applicant's age, service, salary, plan, and benefit type other-
        wise payable.
          However,  we  anticipate  that  few  additional  accidental disability
        retirements will be granted, and thus, the resulting costs are  expected
        to be negligible.
          All  costs  arising from this bill would be shared by the State of New
        York and all of the participating 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, 2019 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2019
        Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2015,
        2016,  2017, 2018 and 2019 Annual Report to the Comptroller on Actuarial

        S. 3944--B                          3

        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 March 10, 2020, and intended for use only  during
        the  2020  Legislative  Session, is Fiscal Note No. 2020-74, prepared by
        the Actuary for the New York State and Local Retirement System.
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