Relates to the effect and rebuttal of certain medical presumptions relating to heart disease; provides that, for certain members, any condition of impairment of health caused by a disease of the heart, resulting in disability, shall be presumptive evidence that such disability was incurred in the performance and discharge of duty and the natural and proximate result of an accident.
STATE OF NEW YORK
________________________________________________________________________
5212
2023-2024 Regular Sessions
IN SENATE
February 27, 2023
___________
Introduced by Sen. JACKSON -- 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 medical presumptions applicable to members of the New York
state and local employees' retirement system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 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 2. Notwithstanding any provision of this chapter or of any general,
5 special, or local law to the contrary, any condition of impairment of
6 health caused by diseases of the heart, resulting in disability or death
7 to a police officer, presently employed, and who shall have sustained
8 such disability while so employed, shall be presumptive evidence that it
9 was incurred in the performance and discharge of duty and the natural
10 and proximate result of an accident, unless the contrary be proved by
11 competent evidence.
12 § 2. The retirement and social security law is amended by adding a new
13 section 809 to read as follows:
14 § 809. Effect and rebuttal of certain medical presumptions pertaining
15 to diseases of the heart. a. This section shall apply to certain appli-
16 cations for disability retirement allowances made by or on behalf of a
17 member of the New York state and local employees' retirement system or
18 the New York state and local police and fire retirement system. It
19 shall apply only to applications that are subject under this chapter to
20 a provision that any condition of impairment of health caused by a
21 disease of the heart, resulting in disability, shall be presumptive
22 evidence that such disability was incurred in the performance and
23 discharge of duty and the natural and proximate result of an accident.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08408-02-3
S. 5212 2
1 b. Notwithstanding any other provision of law to the contrary an
2 application for an accidental disability retirement allowance that is
3 based on a permanent incapacity caused by a disease of the heart, shall
4 not be required to allege or establish:
5 (1) that the member sustained an accident or other incident related to
6 the performance and discharge of duty; or
7 (2) that notice was provided thereof.
8 c. Notwithstanding any other provision of law to the contrary, the
9 presumptions referred to in subdivision a of this section may be
10 rebutted only by competent evidence that the disability is not the
11 natural and proximate result of the performance and discharge of duty.
12 § 3. The amendment made to subdivision 2 of section 363-a of the
13 retirement and social security law by section one of this act shall not
14 affect, impair or invalidate any temporary right, privilege or benefit
15 conferred pursuant to the provisions of a general, special or local law
16 (other than pursuant to articles 14 and 15 of the retirement and social
17 security law) for any member of a public retirement system or pension
18 plan funded by the state or one of its political subdivisions, nor shall
19 any amendment thereto affect the application of such provisions as
20 extended by the provisions of section 480 of the retirement and social
21 security law.
22 § 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the Retirement and Social Security Law (RSSL) to
1. Eliminate certain eligibility requirements for awarding accidental
disability benefits, when the disability is related to diseases of the
heart, for members in the New York State and Local Employees' Retirement
System (NYSLERS) and the New York State and Local Police and Fire
Retirement System (NYSLPFRS). Accidental disability benefits would be
granted even where
a. the member did not sustain an accident,
b. the member's incapacitation is unrelated to any accident, or
c. the member failed to provide notice thereof.
The heart presumption could continue to be rebutted by competent
evidence that the disability is not the result of the performance and
discharge of duty.
2. Increase disability benefits payable to police officers in the
NYSLPFRS, who become incapacitated due to diseases of the heart, by
providing an accidental disability benefit equal to 75% of salary less
workers' compensation. Currently, police officers are eligible for a
performance-of-duty disability benefit equal to 50% of salary less work-
ers' compensation.
3. Increase the death benefits payable on behalf of a deceased police
officer in the NYSLPFRS, whose death results from diseases of the heart,
by providing the special accidental death benefit equal to more than
100% of salary less workers' compensation and social security benefits
payable to an eligible beneficiary or beneficiaries. Currently the
death benefit would be the continuance afforded under the performance-
of-duty disability retirement
Insofar as this bill affects the New York State and Local Retirement
System (NYSLRS), more accidental disability benefits and accidental
death benefits would be granted. The cost of the revised benefit will
depend upon the applicant's age, service, salary, plan and any benefit
type otherwise payable. Further, we anticipate that the administrative
costs to the NYSLRS, required to process applications and litigate
anticipated disputes, will increase.
S. 5212 3
The number of members and retirees who could be affected by this
legislation cannot be readily determined. However, every active member
of the NYSLPFRS will be covered, as well as members of the NYSLERS
including uniformed court officers and peace officers employed by the
Unified Court System and fire marshals employed by Nassau County.
If this bill is enacted during the 2023 legislative session, we antic-
ipate that there will be increases of approximately $1.2 million and
$4.3 million in the annual contributions to the NYSLERS and to the
NYSLPFRS, respectively, for the fiscal year ending March 31, 2024.
These costs will be shared by the State of New York (the State), Nassau
County, and other local participating employers in the NYSLPFRS as
follows:
Employer payment to the payment to the
NYSLERS NYSLPFRS
the State $1.2 million $900,000
Nassau County $11,000
all local participating
employers in the NYSLPFRS $3.4 million
In future years, these annual costs will vary as the salary of the
affected members change.
In addition to the annual contributions discussed above, there will be
immediate past service costs of approximately $12.5 million and $111,000
which will be borne by the State and Nassau County, respectively, as
one-time payments. This estimate assumes that payment will be made by
the State and Nassau County on March 1, 2024 and February 1, 2024,
respectively.
Estimated costs arising in the NYSLERS are based on 6,287 affected
members with annual salary of approximately $573 million as of March 31,
2022.
Estimated costs arising in the NYSLPFRS are based on 32,169 affected
members with annual salary of approximately $3.88 billion as of March
31, 2022.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, 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, 2022
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 February 24, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-73,
prepared by the Actuary for the New York State and Local Retirement
System.