Assembly Bill A3781A

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

                                 3781--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on  Governmental  Employees -- recommitted to the Committee on Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  certain medical presumptions applicable to members  of  the  New  York
  state and local employees' retirement system

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 363-a of the retirement and social
security law, as amended by chapter 967 of the laws of 1974, is  amended
to read as follows:
  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,  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  AND  THE  NATURAL
AND  PROXIMATE  RESULT  OF AN ACCIDENT, unless the contrary be proved by
competent evidence.
  S 2. The retirement and social security law is amended by adding a new
section 809 to read as follows:
  S 809. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS  PERTAINING
TO  DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY TO CERTAIN APPLI-
CATIONS FOR DISABILITY RETIREMENT ALLOWANCES MADE BY OR ON BEHALF  OF  A
MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
THE NEW YORK STATE AND LOCAL POLICE AND  FIRE  RETIREMENT  SYSTEM.    IT
SHALL  APPLY ONLY TO APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER TO
A PROVISION THAT ANY CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  A
DISEASE  OF  THE  HEART,  RESULTING  IN DISABILITY, SHALL BE PRESUMPTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05558-03-2
              

A. 3781--A                          2

EVIDENCE THAT SUCH  DISABILITY  WAS  INCURRED  IN  THE  PERFORMANCE  AND
DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY AN
APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  THAT  IS
BASED  ON A PERMANENT INCAPACITY CAUSED BY A DISEASE OF THE HEART, SHALL
NOT BE REQUIRED TO ALLEGE OR ESTABLISH:
  (1) THAT THE MEMBER SUSTAINED AN ACCIDENT OR OTHER INCIDENT RELATED TO
THE PERFORMANCE AND DISCHARGE OF DUTY; OR
  (2) THAT NOTICE WAS PROVIDED THEREOF.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PRESUMPTIONS  REFERRED  TO  IN  SUBDIVISION  A  OF  THIS  SECTION MAY BE
REBUTTED ONLY BY COMPETENT EVIDENCE  THAT  THE  DISABILITY  IS  NOT  THE
NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE AND DISCHARGE OF DUTY.
  S 3. The retirement and social security law is amended by adding a new
section 810 to read as follows:
  S  810. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS PERTAINING
TO DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY  TO  ALL  APPLICA-
TIONS  FOR  DISABILITY  RETIREMENT  ALLOWANCES MADE BY OR ON BEHALF OF A
MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM.  IT
SHALL APPLY TO ALL APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER TO A
PROVISION THAT ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY A DISEASE
OF  THE  HEART,  RESULTING  IN DISABILITY, SHALL BE PRESUMPTIVE EVIDENCE
THAT SUCH DISABILITY WAS INCURRED IN THE PERFORMANCE  AND  DISCHARGE  OF
DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY AN
APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  THAT  IS
BASED  ON A PERMANENT INCAPACITY CAUSED BY A DISEASE OF THE HEART, SHALL
NOT BE REQUIRED TO ALLEGE OR ESTABLISH:
  (1) THAT THE MEMBER SUSTAINED AN ACCIDENT OR OTHER INCIDENT RELATED TO
THE PERFORMANCE AND DISCHARGE OF DUTY; OR
  (2) THAT NOTICE WAS PROVIDED THEREOF.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PRESUMPTIONS  REFERRED  TO  IN  SUBDIVISION  A  OF  THIS  SECTION MAY BE
REBUTTED ONLY BY COMPETENT EVIDENCE  THAT  THE  DISABILITY  IS  NOT  THE
NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE AND DISCHARGE OF DUTY.
  S  4.  The  amendment  made  to  subdivision 2 of 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 pursuant 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  amendment  thereto  affect  the  application  of such provisions as
extended by the provisions of section 480 of the retirement  and  social
security law.
  S 5. 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 for members  in  the  New
York  State  and  Local Employees' Retirement System (ERS) who currently
have heart presumptions that reference an accident and  all  members  in
the  New  York State and Local Police and Fire Retirement System (PFRS).
It would grant accidental disability benefits for heart cases by deeming
such disabilities to have been sustained in the performance of duty, and
the natural and proximate result of an accident, unless the contrary  be
proven  by competent evidence. Further, the same criteria that exist for

A. 3781--A                          3

determining accidental death benefits for firefighters would be extended
to police officers.
  If  this bill is enacted, more accidental disability benefits would be
granted. The estimated increase in the annual contributions to the State
of New York would be approximately $610,000 for  its  PFRS  members  and
approximately $1.1 million for its Unified Court Officers. The increases
in  annual  contributions  for  the  participating employers in the PFRS
would be approximately $2.3 million. The increases  in  annual  contrib-
utions for ERS counties that have elected the provisions of Article 14-B
for  their  sheriffs  with a date of membership prior to January 1, 1985
would be less than 0.1% of salary, the increase in annual  contributions
for  the  Town of Tonawanda would be less than 0.1% of the salary of its
paramedics.
  This estimate, dated December 16, 2011,  and  intended  for  use  only
during the 2012 Legislative Session, is Fiscal Note No. 2012-50 prepared
by the Actuary for the NYS&LERS and NYS&LPFRS.