S T A T E O F N E W Y O R K
I N S E N A T E
May 2, 2012
Introduced by Sen. LIBOUS -- 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
providing three-quarters of pension for police officers and firefight-
ers who contract methicillin resistant staphylococcus aureus
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 363-ddd to read as follows:
S 363-DDD. IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA. NOTWITH-
STANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR
LOCAL LAW TO THE CONTRARY, ANY POLICE OFFICER OR FIREFIGHTER WHO IS
COVERED BY THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE OF THIS
TITLE AND WHO CONTRACTS METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS
(MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE PERFORMANCE
OF HIS OR HER DUTIES UNLESS THE CONTRARY BE PROVEN BY COMPETENT
S 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will affect certain members of the New York State and Local
Police and Fire Retirement System by presuming that contracting MRSA or
Staph/MRSA will qualify them for an accidental disability retirement,
unless the contrary be proven by competent evidence.
If this bill is enacted, we anticipate that few additional accidental
disability retirements will be granted, and thus, the resulting costs
will be negligible.
Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7209 2
Assumptions and Methods: 2010 and 2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated December 16, 2011, and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-52,
prepared by the Actuary for the New York State and Local Police and Fire