S T A T E O F N E W Y O R K
________________________________________________________________________
7781--B
2011-2012 Regular Sessions
I N A S S E M B L Y
May 17, 2011
___________
Introduced by M. of A. ABBATE, RAMOS -- read once and referred to the
Committee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the retirement and social security law, in relation to
certain disabilities of environmental police officers, forest rangers
and state university of New York police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 363-a of the retirement and social security law, as
amended by chapter 967 of the laws of 1974, subdivision 3 as amended by
chapter 357 of the laws of 2002 and subdivision 4 as amended by chapter
768 of the laws of 1975, is amended to read as follows:
S 363-a. [Firemen and policemen] FIREFIGHTERS AND POLICE OFFICERS;
certain disabilities. 1. Notwithstanding any provision of this chapter
or of any general, special, or local law to the contrary, any condition
of impairment of health caused by diseases of the heart, resulting in
disability or death to a [fireman] FIREFIGHTER shall be presumptive
evidence that it was incurred in the performance and discharge of duty
and the natural and proximate result of an accident, unless the contrary
be proved by competent evidence.
2. Notwithstanding any provision of this chapter or of any general,
special, or local law to the contrary, any condition of impairment of
health caused by diseases of the heart, resulting in disability or death
to a [policeman] POLICE OFFICER, presently employed, and who shall have
sustained such disability while so employed, shall be presumptive
evidence that [is] IT was incurred in the performance and discharge of
duty, unless the contrary be proved by competent evidence.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10309-05-2
A. 7781--B 2
3. As used in this section, the [term "fireman" and "policeman" means]
TERMS "FIREFIGHTER" AND "POLICE OFFICER" MEAN any member who is perform-
ing police or fire service, as the phrase police or fire service is
defined in paragraphs a, b, c, d, F (AS ADDED BY CHAPTER SIX HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN EIGHTY-SIX), F (AS ADDED BY CHAPTER
SIX HUNDRED SEVENTY-SEVEN OF THE LAWS OF NINETEEN EIGHTY-SIX), g, and h
of subdivision eleven of section three hundred two of this article AND
ANY MEMBER WHO IS A FOREST RANGER AS DEFINED BY SUBDIVISION A OF SECTION
THREE HUNDRED EIGHTY-THREE-C OF THE RETIREMENT AND SOCIAL SECURITY LAW,
and who, prior to entry into service as a [fireman or policeman] FIRE-
FIGHTER OR POLICE OFFICER, successfully passed a physical examination
which failed to disclose evidence of any disease or other impairment of
the heart.
4. The provisions of this section shall remain in full force and
effect to and including August thirty-first, nineteen hundred seventy-
six.
S 2. 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.
1. ANY MEMBER EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK AS A POLICE
OFFICER AS DEFINED BY PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED 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 THREE HUNDRED SIXTY-THREE-C OF THIS CHAP-
TER.
2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASE 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, AND WHO SUCCESSFULLY PASSED
A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS A POLICE OFFICER, AS
DEFINED IN PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW, WHICH EXAMINATION FAILED TO DISCLOSE
EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART, SHALL BE
PRESUMPTIVE EVIDENCE THAT SUCH CONDITION 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 507-j to read as follows:
S 507-J. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOYEES.
1. ANY MEMBER EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK AS A POLICE
OFFICER AS DEFINED BY PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED 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 THREE HUNDRED SIXTY-THREE-C OF THIS CHAP-
TER.
2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASE 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, AND WHO SUCCESSFULLY PASSED
A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS A POLICE OFFICER, AS
A. 7781--B 3
DEFINED IN PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW, WHICH EXAMINATION FAILED TO DISCLOSE
EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART, SHALL BE
PRESUMPTIVE EVIDENCE THAT SUCH CONDITION WAS INCURRED IN THE PERFORMANCE
AND DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVED BY COMPETENT
EVIDENCE.
S 4. 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 EMPLOYEES.
1. ANY MEMBER EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK AS A POLICE
OFFICER AS DEFINED BY PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED 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 THREE HUNDRED SIXTY-THREE-C OF THIS CHAP-
TER.
2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASE 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, AND WHO SUCCESSFULLY PASSED
A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS A POLICE OFFICER, AS
DEFINED IN PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW, WHICH EXAMINATION FAILED TO DISCLOSE
EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART, SHALL BE
PRESUMPTIVE EVIDENCE THAT SUCH CONDITION WAS INCURRED IN THE PERFORMANCE
AND DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVED BY COMPETENT
EVIDENCE.
S 5. The amendments made to section 363-a of the retirement and social
security law by section one of this act shall not affect, impair, or
invalidate any temporary right, privilege, or benefit conferred pursuant
to the provisions of a general, special or local law (other than pursu-
ant to articles 14 and 15 of the retirement and social security law) for
any member of a public retirement system or pension plan funded by the
state or one of its political subdivisions, nor shall any amendments
thereto affect the application of such provisions as extended by the
provisions of section 480 of the retirement and social security law.
S 6. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would amend the Retirement and Social Security Law in
relation to heart disease related disabilities. It would add a "heart
bill" provision for police officers and forest rangers of the Division
of Law Enforcement in the Department of Environmental conservation who
are members of the New York State and Local Police and Fire Retirement
System.
This bill would also grant police officers employed by the state
university of New York (SUNY) a 50% of pay performance of duty disabili-
ty benefit, including disabilities from heart disease.
If this bill is enacted during the 2012 legislative session, for the
police officers and forest rangers of the Division of Law Enforcement in
the Department of Environmental Conservation, it could lead to more
disabilities being classified as "performance of duty". We anticipate
that few performance of duty disability retirements will be granted, and
thus, the resulting costs will be negligible.
A. 7781--B 4
In addition to these costs, there would also be additional annual
costs of approximately 1.8% of the payroll to the State of New York on
behalf of the SUNY police officers for the fiscal year ending March 31,
2013.
Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010 and 2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
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 24, 2012, and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-93,
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.