Senate Bill S850A

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

                                   850

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- 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
  the  performance  of duty disability retirement of certain peace offi-
  cers and police officers in  the  state  department  of  taxation  and
  finance

  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 63-g to read as follows:
  S 63-G. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN  EMPLOYEES.
A.  ANY MEMBER EMPLOYED BY THE DEPARTMENT OF TAXATION AND FINANCE WHO IS
A PEACE OFFICER, AS DEFINED IN SUBDIVISION FOUR OF SECTION 2.10  OF  THE
CRIMINAL  PROCEDURE  LAW  OR IS A POLICE OFFICER AS DEFINED IN PARAGRAPH
(Q) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR  THE  PERFORM-
ANCE  OF  DUTIES  AS  THE  NATURAL  AND  PROXIMATE  RESULT OF AN INJURY,
SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL  BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH  IS  PROVIDED IN SECTION SIXTY-THREE OF THIS TITLE, SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS TITLE.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  A  MEMBER  COVERED BY THIS SECTION WHO
CONTRACTS HIV (WHERE THERE MAY HAVE BEEN EXPOSURE TO A BODILY FLUID AS A
NATURAL AND PROXIMATE RESULT OF AN INJURY, SUSTAINED IN THE  PERFORMANCE
OR  DISCHARGE OF HIS OR HER DUTIES AS DESCRIBED IN SUBDIVISION A OF THIS
SECTION), TUBERCULOSIS OR HEPATITIS WILL BE PRESUMED TO HAVE  CONTRACTED
SUCH  DISEASE  IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES, AND
WILL BE PRESUMED TO BE DISABLED FROM  THE  PERFORMANCE  OF  HIS  OR  HER
DUTIES, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05379-02-9

              

S. 850                              2

  C.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY,  ANY  CONDITION  OF  IMPAIRMENT  OF  HEALTH
CAUSED  BY  DISEASES OF THE HEART, RESULTING IN DISABILITY OR DEATH TO A
MEMBER COVERED BY THIS SECTION, PRESENTLY EMPLOYED AND  WHO  SHALL  HAVE
SUSTAINED  SUCH  DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION ON ENTRY  INTO  SERVICE  AS  A  PEACE  OFFICER,  AS
DEFINED  IN  SUBDIVISION  FOUR OF SECTION 2.10 OF THE CRIMINAL PROCEDURE
LAW OR AS A POLICE OFFICER AS DEFINED IN PARAGRAPH  (Q)  OF  SUBDIVISION
THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHICH EXAM-
INATION FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR  OTHER  IMPAIRMENT
OF  THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE
PERFORMANCE AND DISCHARGE OF DUTY, UNLESS  THE  CONTRARY  BE  PROVED  BY
COMPETENT EVIDENCE.
  S 2. The retirement and social security law is amended by adding a new
section 507-j to read as follows:
  S  507-J.   PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOY-
EES. A. ANY MEMBER EMPLOYED BY THE DEPARTMENT OF  TAXATION  AND  FINANCE
WHO  IS  A PEACE OFFICER, AS DEFINED IN SUBDIVISION FOUR OF SECTION 2.10
OF THE CRIMINAL PROCEDURE LAW OR IS A POLICE OFFICER AS DEFINED IN PARA-
GRAPH (Q) OF SUBDIVISION THIRTY-FOUR OF SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
PERFORMANCE OF DUTIES AS THE NATURAL AND PROXIMATE RESULT OF AN  INJURY,
SUSTAINED  IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  A  MEMBER  COVERED BY THIS SECTION WHO
CONTRACTS HIV (WHERE THERE MAY HAVE BEEN EXPOSURE TO A BODILY FLUID AS A
NATURAL AND PROXIMATE RESULT OF AN INJURY, SUSTAINED IN THE  PERFORMANCE
OR  DISCHARGE OF HIS OR HER DUTIES AS DESCRIBED IN SUBDIVISION A OF THIS
SECTION), TUBERCULOSIS OR HEPATITIS WILL BE PRESUMED TO HAVE  CONTRACTED
SUCH  DISEASE  IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES, AND
WILL BE PRESUMED TO BE DISABLED FROM  THE  PERFORMANCE  OF  HIS  OR  HER
DUTIES, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  C.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY,  ANY  CONDITION  OF  IMPAIRMENT  OF  HEALTH
CAUSED  BY  DISEASES OF THE HEART, RESULTING IN DISABILITY OR DEATH TO A
MEMBER COVERED BY THIS SECTION, PRESENTLY EMPLOYED AND  WHO  SHALL  HAVE
SUSTAINED  SUCH  DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION ON ENTRY  INTO  SERVICE  AS  A  PEACE  OFFICER,  AS
DEFINED  IN  SUBDIVISION  FOUR OF SECTION 2.10 OF THE CRIMINAL PROCEDURE
LAW OR AS A POLICE OFFICER AS DEFINED IN PARAGRAPH  (Q)  OF  SUBDIVISION
THIRTY-FOUR  OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHICH EXAM-
INATION FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR  OTHER  IMPAIRMENT
OF  THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE
PERFORMANCE AND DISCHARGE OF DUTY, UNLESS  THE  CONTRARY  BE  PROVED  BY
COMPETENT EVIDENCE.
  S 3. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
  S  607-I.   PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOY-
EES. A. ANY MEMBER EMPLOYED BY THE DEPARTMENT OF  TAXATION  AND  FINANCE
WHO  IS  A PEACE OFFICER, AS DEFINED IN SUBDIVISION FOUR OF SECTION 2.10
OF THE CRIMINAL PROCEDURE LAW OR IS A POLICE OFFICER AS DEFINED IN PARA-
GRAPH (Q) OF SUBDIVISION THIRTY-FOUR OF SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR THE

S. 850                              3

PERFORMANCE OF DUTIES AS THE NATURAL AND PROXIMATE RESULT OF AN  INJURY,
SUSTAINED  IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER, SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
  B.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY,  A  MEMBER  COVERED  BY  THIS  SECTION  WHO
CONTRACTS HIV (WHERE THERE MAY HAVE BEEN EXPOSURE TO A BODILY FLUID AS A
NATURAL  AND PROXIMATE RESULT OF AN INJURY, SUSTAINED IN THE PERFORMANCE
OR DISCHARGE OF HIS OR HER DUTIES AS DESCRIBED IN SUBDIVISION A OF  THIS
SECTION),  TUBERCULOSIS OR HEPATITIS WILL BE PRESUMED TO HAVE CONTRACTED
SUCH DISEASE IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER  DUTIES,  AND
WILL  BE  PRESUMED  TO  BE  DISABLED  FROM THE PERFORMANCE OF HIS OR HER
DUTIES, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  C. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASES OF THE HEART, RESULTING IN DISABILITY OR DEATH  TO  A
MEMBER  COVERED  BY  THIS SECTION, PRESENTLY EMPLOYED AND WHO SHALL HAVE
SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY  PASSED  A
PHYSICAL  EXAMINATION  ON  ENTRY  INTO  SERVICE  AS  A PEACE OFFICER, AS
DEFINED IN SUBDIVISION FOUR OF SECTION 2.10 OF  THE  CRIMINAL  PROCEDURE
LAW  OR  AS  A POLICE OFFICER AS DEFINED IN PARAGRAPH (Q) OF SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,  WHICH  EXAM-
INATION  FAILED  TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT
OF THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN  THE
PERFORMANCE  AND  DISCHARGE  OF  DUTY,  UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
  S 4. This act shall take effect immediately provided that  the  amend-
ments  to  articles  14 and 15 of the retirement and social security law
made by sections two and three of this act shall expire on the same date
as such articles expire pursuant to section 615 of such law.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would allow  certain  peace  officers  and  police  officers
employed  by  the  Department  of  Tax  and Finance to be eligible for a
performance of duty disability retirement allowance which would  be  75%
of   final  average  salary  less  any  workers'  compensation  payments
received.  Further, this bill would grant  a  presumption  that  certain
infectious  diseases  and heart related disabilities have been sustained
in the performance of duty, unless the contrary be proven  by  competent
evidence.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $63,000 in the annual contributions of the State of New
York for the fiscal year ending March 31, 2010.
  In addition to the annual contributions discussed above,  we  estimate
that  there  will be a past service cost of approximately $183,000 which
would be borne by the State of New York  as  a  one-time  payment.  This
estimate  is  based on the assumption that payment will be made on March
1, 2010.
  These estimated costs are based on eighty (80)  officers  employed  by
the  Department  of Tax and Finance with a total salary of approximately
$4.7 million for the fiscal year ending March 31, 2008.
  This estimate, dated December 1,  2008,  and  intended  for  use  only
during  the  2009  Legislative  Session,  is  Fiscal  Note  No. 2009-70,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.