senate Bill S1666

Amended

Includes sworn environmental conservation police officers in definition of police officer for purposes of presumption regarding impairment caused by heart disease

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 20 / Dec / 2013
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 20 / Dec / 2013
    • PRINT NUMBER 1666A
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Provides certain disability benefits for disabilities related to heart disease to sworn police officers of the division of law enforcement in the department of environmental conservation; provides that any condition of impairment of health, caused by diseases of the heart, resulting in disability or death to such sworn police officer, shall be presumptive evidence that it was incurred in the performance of such officer's duty.

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Bill Details

Versions:
S1666
S1666A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง363-a, R & SS L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5116A
2009-2010: S3291

Sponsor Memo

BILL NUMBER:S1666

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
certain disabilities of environmental police officers

PURPOSE: This bill would add a "heart bill" provision
for police
officers the Division of Law Enforcement in the Department of
Environmental Conservation.

SUMMARY OF SPECIFIC PROVISIONS: Section 363-a of the
Retirement and
Social Security Law is amended to include environmental police
officers under the

JUSTIFICATION:
Environmental Conservation Police Officers perform
duties which axe as stressful and physically demanding as other
police officers and firefighters. This bill will provide
Environmental Conservation Police Officers with the same benefit as
it pertains to a heart presumption as is provided other police
officers.

PRIOR LEGISLATIVE HISTORY: This bill has been
introduced in the
Legislature since 1995, but has not passed both houses in anyone
legislative session.

FISCAL IMPLICATIONS: According to 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. As such a minor number
could possibly be granted there is no fiscal cost associated with
this bill.

EFFECTIVE DATE: This act shall take effect
immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1666

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- 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 environmental police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 363-a of the retirement and social security law, as
amended  by chapter 967 of the laws of 1974, subdivision 3 as amended by
chapter 357 of the laws of 2002 and subdivision 4 as amended by  chapter
768 of the laws of 1975, is amended to read as follows:
  S  363-a.  [Firemen  and  policemen] FIREFIGHTERS AND POLICE OFFICERS;
certain disabilities. 1.  Notwithstanding any provision of this  chapter
or  of any general, special, or local law to the contrary, any condition
of impairment of health caused by diseases of the  heart,  resulting  in
disability  or  death  to  a  [fireman] FIREFIGHTER shall be presumptive
evidence that it was incurred in the performance and discharge  of  duty
and the natural and proximate result of an accident, unless the contrary
be proved by competent evidence.
  2.  Notwithstanding  any  provision of this chapter or of any general,
special, or local law to the contrary, any condition  of  impairment  of
health caused by diseases of the heart, resulting in disability or death
to  a [policeman] POLICE OFFICER, presently employed, and who shall have
sustained such  disability  while  so  employed,  shall  be  presumptive
evidence  that  [is] IT was incurred in the performance and discharge of
duty, unless the contrary be proved by competent evidence.
  3. As used in this section, the [term "fireman" and "policeman" means]
TERMS "FIREFIGHTER" AND "POLICE OFFICER" MEAN any member who is perform-
ing police or fire service, as the phrase  police  or  fire  service  is
defined  in  paragraphs  a,  b, c, d, F (AS ADDED BY CHAPTER SIX HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04681-02-3

S. 1666                             2

SEVENTY-FOUR OF THE LAWS OF NINETEEN EIGHTY-SIX), F (AS ADDED BY CHAPTER
SIX HUNDRED SEVENTY-SEVEN OF THE LAWS OF NINETEEN EIGHTY-SIX), g, and  h
of  subdivision eleven of section three hundred two of this article, and
who, prior to entry into service as a [fireman or policeman] FIREFIGHTER
OR  POLICE  OFFICER,  successfully  passed  a physical examination which
failed to disclose evidence of any disease or other  impairment  of  the
heart.
  4.  The  provisions  of  this  section  shall remain in full force and
effect to and including August thirty-first, nineteen  hundred  seventy-
six.
  S 2. The amendments made to section 363-a of the retirement and social
security  law  by  section  one of this act shall not affect, impair, or
invalidate any temporary right, privilege, or benefit conferred pursuant
to the provisions of a general, special or local law (other than  pursu-
ant to articles 14 and 15 of the retirement and social security law) for
any  member  of a public retirement system or pension plan funded by the
state or one of its political subdivisions,  nor  shall  any  amendments
thereto  affect  the  application  of such provisions as extended by the
provisions of section 480 of the retirement and social security law.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend  the  Retirement  and  Social  Security  Law  in
relation  to  heart  disease related disabilities. It would add a "heart
bill" provision for police officers of the Division of  Law  Enforcement
in  the  Department of Environmental Conservation 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
duty disability retirements will be granted,  and  thus,  the  resulting
costs will be negligible.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fications Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  November  28,  2012, and intended for use only
during the 2013 Legislative Session, is Fiscal Note No. 2013-9, prepared
by the Actuary for the New York State and Local Police and Fire  Retire-
ment System.

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