senate Bill S3785B

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

See Assembly Version of this Bill:
A6793A
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:S3785B

TITLE OF BILL: An act to amend the retirement and social security law,
in relation to impairments of health, presumption and staph/MRSA

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

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 LAN WHICH THIS 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 resist--ant
staphylococcus aureus and to protect the families of those police offi-
cers and firefighters who are so exposed, a presumption that the indi-
vidual 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--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.

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