S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
February 15, 2013
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
establishing a presumption that police officers and firefighters, who
contract methicillin resistant Staphylococcus aureus or staph/MRSA,
contracted such disease in the performance of his or her duties
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, it would lead to more disabilities being
classified as "accidental". For the disabilities so classified due to
this bill, the cost would depend on whether such person would have
otherwise been eligible for an ordinary disability, a performance of
duty disability or a service retirement. For those who contract such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3785 2
disease prior to being eligible to receive an ordinary disability
retirement, it is estimated that there would be an average per person
cost of approximately eight (8) times final average salary. For those
who contract such disease who would be eligible to receive an ordinary
disability retirement, it is estimated that there would be an average
per person cost of approximately four (4) times final average salary.
For those who contract such disease who would be eligible to receive a
performance of duty disability retirement it is estimated that there
would be an average per person cost of approximately two (2) times final
average salary. For those who contract such disease who are eligible for
service retirement, it is estimated that there would be an average per
person cost of approximately 150% of final average salary.
However, we anticipate that few additional accidental disability
retirements will be granted, and thus, the resulting costs are expected
to 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 2011 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-
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 January 18, 2013, and intended for use only
during the 2013 Legislative Session, is Fiscal Note No. 2013-58,
prepared by the Actuary for the New York State and Local Police and Fire