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.

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

                                 3785--B

                       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
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
  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
  impairments of health, presumption and staph/MRSA

  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.--  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 disa-
bility 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08933-03-4
              

S. 3785--B                          2

otherwise been eligible for an ordinary  disability,  a  performance  of
duty  disability  or  a  service retirement. For those who contract such
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:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2013  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2013
Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013  Annual  Report  to  the  Comptroller  on  Actuarial
Assumptions,  and  the  Codes  Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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 24, 2014 and intended for use only during
the  2014  Legislative  Session; is Fiscal Note No. 2014-59, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.