Assembly Bill A9030

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

                                  9030

                          I N  A S S E M B L Y

                             March 10, 2014
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  certain  lung  disabilities  incurred  by  certain  retirement  system
  members in the performance of duty

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

  Section 1. Section 63-a of the retirement and social security  law  is
amended by adding a new subdivision d to read as follows:
  D.  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 LUNG, 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  CORRECTION  OFFICER  OR
SECURITY  HOSPITAL  TREATMENT  ASSISTANT,  WHICH  EXAMINATION  FAILED TO
DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE LUNG,  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. Section 507-b of  the  retirement  and  social  security  law  is
amended by adding a new subdivision g to read as follows:
  G.  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 LUNG, 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  CORRECTION  OFFICER  OR
SECURITY  HOSPITAL  TREATMENT  ASSISTANT,  WHICH  EXAMINATION  FAILED TO
DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE LUNG,  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. Section 607-a of  the  retirement  and  social  security  law  is
amended by adding a new subdivision d to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14281-01-4
              

A. 9030                             2

  D.  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 LUNG, 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 SECURITY HOSPITAL TREAT-
MENT ASSISTANT, WHICH EXAMINATION FAILED TO  DISCLOSE  EVIDENCE  OF  ANY
DISEASE  OR  OTHER IMPAIRMENT OF THE LUNG, 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.-- Pursuant to Legislative Law, Section 50:
  This bill would grant improved disability pensions to State Correction
Officers  and Security Hospital Treatment Assistants who sustain a disa-
bility related to lung disease. This bill  would  help  individuals  who
sustained  such disabilities to establish the presumption that they were
incurred in the performance and discharge of duty, unless  the  contrary
be  proven  by  competent  evidence. The disability benefits of affected
members with lung related disabilities would increase from approximately
1/3 of final average salary (FAS) to 75% of FAS  less  worker's  compen-
sation.
  If this bill is enacted, the estimated increase in the annual contrib-
utions  of  the  State  of New York for the fiscal year ending March 31,
2015 would be approximately $1.8 million.
  These estimated costs are based on 20,735  members  having  an  annual
salary  for the fiscal year ending March 31, 2013 of approximately $1.66
billion.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  Annual  Report  to  the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication  Standards  to  render  the  statement  of  actuarial   opinion
contained herein.
  This  estimate,  dated  November  4,  2013,  and intended for use only
during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-32,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.