senate Bill S2575A

Provides that the death of a member of the New York state and local police and fire retirement system from heart disease shall be deemed accidental

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Sponsor

Bill Status


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

actions

  • 22 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 14 / May / 2013
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 14 / May / 2013
    • PRINT NUMBER 2575A
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Provides that the death of a member of the New York state and local police and fire retirement system from heart disease during the course of his or her employment shall be deemed an accidental death for purposes of survivor benefits.

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Bill Details

Versions:
S2575
S2575A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง361, R & SS L
Versions Introduced in 2011-2012 Legislative Cycle:
S6646

Sponsor Memo

BILL NUMBER:S2575A

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to accidental death benefits payable to beneficiaries
of members of the New York state and local police and fire retirement
system

PURPOSE:

This legislation will ensure that New York state and local police
officers and firefighters are covered under the "Heart Act" if they
have a heart attack and lose their lives in the line of duty.

SUMMARY OF PROVISIONS:

Section One - amends subdivision a of section 361 of the retirement
and social security law by adding a new closing paragraph to state
that any condition of impairment of health caused by diseases of the
heart which results in the death of a member shall be deemed to have
been incurred as the natural and proximate result of an accident
sustained in the performance of duty in the service upon which his or
her membership was based.

Section Two - provides this act shall take effect immediately.

JUSTIFICATION:

The purpose of this legislation is ensure that New York state and
local police officers and firefighters are covered under the "Heart
Act" if they have a heart attack and lose their lives in the line of
duty.

Currently police officers and firefighters receive 50% of their
disability if they have a heart attack in the line of duty and
survive. This legislation would provide the surviving spouse and
family members with the 50% disability.

This bill is being introduced in honor of Officer Michael Perry
suffered a fatal heart attack shortly after chasing and arresting a
man at a local mall near state route 119. Officer Perry had called for
assistance and chased the larceny suspect a short distance before
placing him into custody. Officer Perry transported the man to police
headquarters for booking when he suddenly collapsed. He was
transported to White Plains Hospital where he passed away a short time
later. The suspect, who was a career criminal with over 300 arrests,
was charged with resisting arrest and larceny.

A resident of Yorktown, Officer Perry had served with the white plains
police Department for seven years and previously with the NYC
Department of Environmental Protection police. He is survived by his
wife, twin sons, parents, sister, and brother. On June 14, 2010,
Officer Perry was posthumously promoted to the rank of police
Detective.

It is only proper that the State of New York honor the memory of
Detective Michael Perry and all the police officers and firefighters
who have lost their lives in the line of duty, by ensuring their


families are taken care of after they make the absolute sacrifice to
keep our communities safe.

LEGISLATIVE HISTORY:

3/7/12 Referred to Civil Service and Pensions

FISCAL IMPLICATIONS:

To be determined.

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
________________________________________________________________________

                                 2575--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- 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
  accidental death benefits payable to beneficiaries of members  of  the
  New York state and local police and fire retirement system

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

  Section 1. Subdivision a of section 361 of the retirement  and  social
security  law  is  amended  by adding a new closing paragraph to read as
follows:
  FOR THE PURPOSES OF THIS SECTION AND SECTION THREE HUNDRED SIXTY-ONE-A
OF THIS TITLE, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY  DISEASES
OF  THE  HEART WHICH RESULTS IN THE DEATH OF A MEMBER SHALL BE DEEMED TO
HAVE BEEN INCURRED AS THE NATURAL AND PROXIMATE RESULT  OF  AN  ACCIDENT
SUSTAINED  IN  THE  PERFORMANCE OF DUTY IN THE SERVICE UPON WHICH HIS OR
HER MEMBERSHIP WAS BASED.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--This bill would amend the Retirement and Social Security
Law in relation to heart disease related deaths for police officers  who
are  members  of the New York State and Local Police and Fire Retirement
System (PFRS).  It would grant accidental death benefits for heart cases
by deeming such deaths to have been  sustained  in  the  performance  of
duty,  and  the  natural and proximate result of an accident, unless the
contrary be proven by competent evidence. The same criteria  that  exist
for  determining  accidental  death  benefits  for firefighters would be
extended to police officers.
  If this bill is enacted, more  accidental  deaths  benefits  would  be
granted. The estimated increase in the annual contributions to the State
of  New York for the fiscal year ending March 31, 2014 would be approxi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07333-03-3

S. 2575--A                          2

mately $1.95 million. The  increase  in  annual  contributions  for  the
participating employers in the PFRS for the fiscal year ending March 31,
2014 would be approximately $8.97 million.
  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-
fication Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  May 10, 2013, and intended for use only during
the 2013 Legislative Session, is Fiscal Note No.  2013-151  prepared  by
the Actuary for the PFRS.

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