senate Bill S7176A

Vetoed

Relates to extending the filing deadline for active and retired firefighters to file for accidental disability retirement for certain injuries

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Sponsor

Bill Status


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

  • 01 / May / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 19 / May / 2014
    • 1ST REPORT CAL.801
  • 20 / May / 2014
    • 2ND REPORT CAL.
  • 21 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING (T) 7176A
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A9541
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.477
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • VETOED MEMO.565

Summary

Extends the filing deadline for active and retired firefighters to file for accidental disability retirement for World trade center conditions from 2 to 5 years.

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Bill Details

See Assembly Version of this Bill:
A9541
Versions:
S7176
S7176A
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง363, R & SS L

Sponsor Memo

BILL NUMBER:S7176A

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to accidental disability retirement

PURPOSE:

To extend the filing deadline from 2 years to 5 years for firefighters
in the New York State and Local Police and Fire Retirement System to
file application for disability benefits due to certain cancers.

SUMMARY OF PROVISIONS:

Paragraph 2 of subdivision a of section 363 of the retirement and
social security law is amended.

JUSTIFICATION:

The increased use of plastic and other chemical products in the last
several decades has resulted in a qualitative change in the nature of
the compounds to which firefighters are exposed at fires.

Reports of excess cancer incidents in firefighters, compared to
average adult population, include mouth and throat cancer, intestinal
and rectal cancer, colon, lung and lymphatic cancer and excess total
cancer and leukemia deaths.

This increase in cancer is due to the proliferation of synthetic
chemicals resulting in firefighters exposure in increasing numbers and
quantities of chemical carcinogens in the products of combustion and
off-gassed materials from plastics and other synthetic substances at
fires.

It has become evident that often times various cancers as a result of
the aforementioned exposures are not immediately obvious and/or
diagnosed. Accordingly, it is necessary to extend the filing period
for cancers experienced by firefighters from the present two year time
period after normal retirement to a five year time period.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

See fiscal note.

EFFECTIVE DATE:

Immediately.

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

                                 7176--A
    Cal. No. 801

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to amend the retirement and social security law, in relation to
  accidental disability retirement

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

  Section  1. Paragraph 2 of subdivision a of section 363 of the retire-
ment and social security law, as amended by chapter 489 of the  laws  of
2008, is amended to read as follows:
  2. Actually in service upon which his membership is based. However, in
a  case  where  a  member is discontinued from service subsequent to the
accident, either voluntarily or involuntarily,  and  provided  that  the
member  meets  the  requirements  of  paragraph one of this subdivision,
application may be made, either (a) by a vested member incapacitated  as
the  result  of  a qualifying World Trade Center condition as defined in
section two of this chapter at any time, or (b) not later than two years
after the member is first discontinued from service.   PROVIDED  FURTHER
THAT IN THE CASE OF AN APPLICATION FILED FOR ACCIDENTAL DISABILITY BENE-
FITS  PURSUANT  TO SECTION THREE HUNDRED SIXTY-THREE-D OF THIS TITLE THE
REQUIREMENTS FOR FILING FOR SUCH BENEFIT SHALL BE FIVE YEARS.
  S 2. This act shall take effect immediately and apply to all  applica-
tions filed on or after such date.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would extend the filing deadline from 2 years to 5 years for
active  and  retired firefighters in the New York State and Local Police
and Fire Retirement system to file an application for  accidental  disa-
bility retirement due to certain cancers.
  If this bill is enacted, the cost would depend on age, service, salary
and  plan  of  the affected firefighters, as well as whether such person
would have otherwise been eligible for, or has been receiving  an  ordi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14926-02-4

S. 7176--A                          2

nary  disability,  a performance of duty disability or a service retire-
ment.
  For  those  who apply for this benefit subsequent to a service retire-
ment, it is estimated that there would be an average per person cost  of
approximately 1.5 times final average salary. For those who apply subse-
quent  to  a  performance of duty retirement, it is estimated that there
would be an average per person cost of approximately 2 times final aver-
age salary. For those who apply subsequent  to  an  ordinary  disability
retirement,  it  is  estimated that there would be an average per person
cost of approximately 4  times  final  average  salary.  The  number  of
members  of retirees who could be affected by this legislation cannot be
readily determined. These costs would be borne by the State of New  York
and  all  the  participating  employers  in the New York State and Local
Police and Fire Retirement System.
  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  statement  of  actuarial   opinion
contained herein.
  This  estimate, dated April 14, 2014, and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-118,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.

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