senate Bill S3785

Amended

Relates to impairments of health, presumption and staph/MRSA

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Bill Status


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

  • 15 / Feb / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 30 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 30 / Apr / 2013
    • PRINT NUMBER 3785A
  • 06 / May / 2013
    • 1ST REPORT CAL.530
  • 07 / May / 2013
    • 2ND REPORT CAL.
  • 08 / May / 2013
    • ADVANCED TO THIRD READING
  • 20 / May / 2013
    • PASSED SENATE
  • 20 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2013
    • REFERRED TO GOVERNMENTAL EMPLOYEES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 19 / Mar / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 19 / Mar / 2014
    • PRINT NUMBER 3785B
  • 24 / Mar / 2014
    • 1ST REPORT CAL.329
  • 25 / Mar / 2014
    • 2ND REPORT CAL.
  • 26 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO WAYS AND MEANS

Summary

Relates to impairments of health, presumption and staph/MRSA.

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Bill Details

Versions:
S3785
S3785A
S3785B
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Add ยง363-ddd, R & SS L
Versions Introduced in 2013-2014 Legislative Cycle:
A6793

Sponsor Memo

BILL NUMBER:S3785

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: This bill intends to provide 2
police officers and firefighters a proper pension in the case of
employment related disabilities.

SUMMARY OF SPECIFIC PROVISIONS: This bill would provide a 75%
accidental disability benefit for police officers and firefighters
provide the assumption that methicillin resistant staphylococcus
aureus was contracted in the line of duty.

EFFECTS OF PRESENT LAW WHICH pus BILL WOULD ALTER: Presently, police
officers' and firefighters who suffer employment related disabilities
such as tuberculosis, hepatitis, or HIV are able to receive a three
quarters accidental disability benefit. This legislation would extend
such a benefit to those police officers and firefighters who contract
methicillin resistant staphylococcus aureus.

JUSTIFICATION: Due to the increased exposure which police officers
and firefighters have to those individuals who have methicillin
resistant staphylococcus aureus and to protect the families of those
police officers and firefighters who are so exposed, a presumption
that the individual is disabled from the performance of duties is
warranted. The retirement system has the burden of proving otherwise.
This legislation would deem such exposure as an accident so that the
member would be, eligible for three-quarters of their final average
salary. There can be no dispute that such protection is more than
warranted.

PRIOR LEGISLATIVE HISTORY: A.10927A of 2008 A.6373 (A) of 2009, 2010
S.7209 of 2012

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: See fiscal note.

EFFECTIVE DATE: Immediately.

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

                                  3785

                       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
EVIDENCE.
  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.
                                                           LBD08933-01-3

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-
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  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
Retirement System.

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