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

                                 5012--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sens. GOLDEN, DeFRANCISCO, LARKIN, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Civil Service and Pensions -- 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
  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 BENEFITS SHALL BE FIVE YEARS.
  S  2. This act shall take effect immediately and apply to all applica-
tions filed on or after January 1, 2014.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10604-02-6

              

S. 5012--A                          2

bility retirement due to certain cancers. It will apply to all disabili-
ty applications filed on or after January 1, 2014.
  If  this  bill  is enacted, the cost would depend on the 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
ordinary disability, a performance  of  duty  disability  or  a  service
retirement.
  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  2  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 2.5 times final
average 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  5  times  final  average  salary. The number of
members and 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.
  For the one person known to be affected, there will be a one-time cost
of approximately $244,000. This cost will be shared 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, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
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, 2015
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  28,  2016,  and intended for use only
during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-38,
prepared  for by the Actuary for the New York State and Local Retirement
System.