S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6403
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 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.
   § 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08114-02-7

 A. 6403                             2
 
 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 $256,000. 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, 2016  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2016
 Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 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, 2016
 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  February  14,  2017, and intended for use only
 during the  2017  Legislative  Session,  is  Fiscal  Note  No.  2017-44,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.