S08078 Summary:

BILL NOS08078
 
SAME ASSAME AS A10709
 
SPONSORGOUNARDES
 
COSPNSR
 
MLTSPNSR
 
Add 605-f, R & SS L
 
Relates to establishing disability retirement benefits for correction officers, correction supervisors, deputy sheriff patrols and deputy sheriff patrol supervisors who suffer any condition or impairment of health caused by methicillin resistant staphylococcus aureus (MRSA) or Staph/MRSA; provides that such disability benefits shall be three-quarters of a member's final average salary.
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S08078 Actions:

BILL NOS08078
 
03/17/2020REFERRED TO CIVIL SERVICE AND PENSIONS
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S08078 Committee Votes:

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S08078 Floor Votes:

There are no votes for this bill in this legislative session.
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S08078 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8078
 
                    IN SENATE
 
                                     March 17, 2020
                                       ___________
 
        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
          establishing disability retirement benefits for  correction  officers,
          correction  supervisors,  deputy  sheriff  patrols  and deputy sheriff
          patrol supervisors who suffer any condition or  impairment  of  health
          caused  by  methicillin  resistant  staphylococcus  aureus  (MRSA)  or
          Staph/MRSA
 
          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 605-f to read as follows:
     3    §  605-f.  Disability  retirement  for correction officers, correction
     4  supervisors, deputy sheriff patrols and deputy sheriff  patrol  supervi-
     5  sors.  a. A member employed as a correction officer, correction supervi-
     6  sor, deputy sheriff patrol or deputy sheriff patrol supervisor shall  be
     7  entitled  to a disability retirement allowance, if, at the time applica-
     8  tion therefor is filed, such  member  is  physically  incapacitated  for
     9  performance  of duty as a result of methicillin resistant staphylococcus
    10  aureus (MRSA) or Staph/MRSA while so employed and as a result of his  or
    11  her employment.
    12    b.  Notwithstanding  any  provision of this chapter or of any general,
    13  special or local law to the contrary, any correction officer, correction
    14  supervisor, deputy sheriff patrol or deputy  sheriff  patrol  supervisor
    15  who is diagnosed with methicillin resistant staphylococcus aureus (MRSA)
    16  or  Staph/MRSA,  resulting  in  disability  to  such  member,  presently
    17  employed,  and  who  shall  have  sustained  such  disability  while  so
    18  employed,  shall  have  such diagnosis be presumptive evidence that such
    19  disability was incurred in the performance and discharge of duty, unless
    20  the contrary be proven by competent evidence;  provided,  however,  that
    21  prior  to entry into service, such correction officer, correction super-
    22  visor,  deputy  sheriff  patrol  or  deputy  sheriff  patrol  supervisor
    23  successfully  passed  a  physical  examination  which failed to disclose
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09484-06-0

        S. 8078                             2
 
     1  evidence of any methicillin resistant staphylococcus  aureus  (MRSA)  or
     2  Staph/MRSA.
     3    c.  The  annual  retirement allowance payable shall be equal to three-
     4  quarters of his or her final average salary.
     5    § 2. Notwithstanding any other provision of law to the contrary,  none
     6  of  the  provisions  of  this  act shall be subject to section 25 of the
     7  retirement and social security law.
     8    § 3. 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 a performance of duty disability benefit of 75%
        of final average salary if he or she is  disabled  due  to  job  related
        contraction  of  methicillin  resistant  staphylococcus aureus (MRSA) or
        Staph/MRSA. There will be no reduction for any benefits  received  under
        Worker's Compensation.
          If  this  bill  is  enacted,  it would lead to more disabilities being
        classified as "in performance of duty". The cost of the revised  benefit
        will depend upon the applicant's age, service, salary, plan, and benefit
        type otherwise payable.
 
        Benefit without     None        Ordinary    In Performance  Service
        enactment:                      Disability  of Duty
                                                    Disability
 
        Cost for revised    9.5 times   5.5 times   3 times         2.5 times
        benefit:            salary      salary      salary          salary
 
          The    number  of  members  and retirees who could be affected by this
        legislation cannot be readily determined. All costs will  be  shared  by
        the State of New York and 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
        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, 2019
        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 12, 2020, and intended for use only during
        the 2020 Legislative Session, is Fiscal Note No.  2020-94,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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