senate Bill S7209

2011-2012 Legislative Session

Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus was in the discharge or performance of duties

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Archive: Last Bill Status Via A5739 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 05, 2012 tabled
Oct 03, 2012 vetoed memo.154
Sep 21, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1012
substituted for s7209
Jun 21, 2012 substituted by a5739a
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.1012
May 02, 2012 referred to civil service and pensions

Votes

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Jun 4, 2012 - Civil Service and Pensions committee Vote

S7209
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: Jun 4, 2012

aye wr (1)

Co-Sponsors

S7209 - Bill Details

See Assembly Version of this Bill:
A5739A
Law Section:
Retirement and Social Security Law
Laws Affected:
Add ยง363-ddd, R & SS L
Versions Introduced in 2009-2010 Legislative Session:
A6373A

S7209 - Bill Texts

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Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus (MRSA) was in the discharge or performance of duties as the natural and proximate result of an accident; provides 3/4 pension for such members.

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BILL NUMBER:S7209

TITLE OF BILL:
An act
to amend the retirement and social security law, in relation to
providing three-quarters of pension for police officers and firefighters
who contract methicillin resistant staphylococcus aureus

PURPOSE OR GENERAL IDEA OF BILL:
This bill intends to provide 2 police
officers and firefighters a proper pension in the case of employment
related disabilities.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would provide a 75%
accidental disability benefit for police officers and firefighters
provide the assumption that methicillin resistant staphylococcus
aureus was contracted in the line of duty.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Presently, police
officers' and firefighters who suffer employment related disabilities
such as tuberculosis, hepatitis, or HIV are able to receive a
three quarters accidental disability benefit. This legislation would
extend such a benefit to those police officers and firefighters who
contract methicillin resistant staphylococcus aureus.

JUSTIFICATION:
Due to the increased exposure which police officers and
firefighters have to those individuals who have methicillin resistant
staphylococcus aureus and to protect the families of those police
officers and firefighters who are so exposed, a presumption that the
individual is disabled from the performance of duties is warranted.
The retirement system has the burden of proving otherwise. This
legislation would deem such exposure as an accident so that the
member would be.
eligible for three-quarters of their final average salary. There can
be no dispute that such protection is more than warranted.

PRIOR LEGISLATIVE HISTORY:
A.10927A of 2008
A.6373 (A) of 2009, 2010

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
See fiscal note.

EFFECTIVE DATE:
Immediately.

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

                                  7209

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  LIBOUS -- 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
  providing three-quarters of pension for police officers and firefight-
  ers who contract methicillin resistant staphylococcus aureus

  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 363-ddd to read as follows:
  S 363-DDD. IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA.    NOTWITH-
STANDING  ANY  PROVISION  OF  THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR
LOCAL LAW TO THE CONTRARY, ANY POLICE  OFFICER  OR  FIREFIGHTER  WHO  IS
COVERED  BY  THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE OF THIS
TITLE AND WHO  CONTRACTS  METHICILLIN  RESISTANT  STAPHYLOCOCCUS  AUREUS
(MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
THE  PERFORMANCE  OR  DISCHARGE  OF HIS OR HER DUTIES AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE  PERFORMANCE
OF  HIS  OR  HER  DUTIES  UNLESS  THE  CONTRARY  BE  PROVEN BY COMPETENT
EVIDENCE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill will affect certain members of the New York State and  Local
Police  and Fire Retirement System by presuming that contracting MRSA or
Staph/MRSA will qualify them for an  accidental  disability  retirement,
unless the contrary be proven by competent evidence.
  If  this bill is enacted, we anticipate that few additional accidental
disability retirements will be granted, and thus,  the  resulting  costs
will be negligible.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09554-03-2

S. 7209                             2

  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 December 16, 2011,  and  intended  for  use  only
during  the  2012  Legislative  Session,  is  Fiscal  Note  No. 2012-52,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.

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