S T A T E O F N E W Y O R K
________________________________________________________________________
5092--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 11, 2011
___________
Introduced by M. of A. ABBATE -- 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03776-03-2
A. 5092--A 2
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 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-
A. 5092--A 3
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 4. This act shall take effect immediately.
FISCAL NOTE.--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 Worker's 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 $110,000 in the annual contributions of the State of
New York for the fiscal year ending March 31, 2013.
In addition to the annual contributions discussed above, we estimate
that there will be a past service cost of approximately $87,500 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, 2013.
These estimated costs are based on 98 officers employed by the Depart-
ment of Tax and Finance with a total salary of approximately $6.5
million for the fiscal year ending March 31, 2011.
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.
A. 5092--A 4
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 November 14, 2011, and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-9, prepared
by the Actuary for the New York State and Local Employees' Retirement
System.