S T A T E   O F   N E W   Y O R K
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                                  4149

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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
  benefits  payable  to, or on behalf of, certain employees of the divi-
  sion of parole injured or killed  in  the  performance  of  duty;  and
  providing for the repeal of such provisions upon expiration thereof

  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. DISABILITY RETIREMENT FOR PEACE OFFICERS OF  THE  DIVISION  OF
PAROLE;  CERTAIN  DISABILITIES. A. 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 PEACE  OFFICER  EMPLOYED  BY  THE  DIVISION  OF
PAROLE  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.
  B.  AS  USED  IN THIS SECTION, THE TERM "PEACE OFFICER" SHALL MEAN ANY
EMPLOYEE OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE  OFFICER
PURSUANT  TO  SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF SECTION 2.10
OF THE CRIMINAL PROCEDURE LAW, WHO, PRIOR TO ENTRY  INTO  SERVICE  AS  A
PAROLE  OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE  OR OTHER  IMPAIR-
MENT OF THE HEART.
  S 2. The retirement and social security law is amended by adding a new
section 605-d to read as follows:
  S  605-D.  DISABILITY RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF
PAROLE; ACCIDENTAL DISABILITY RETIREMENT FOR  CERTAIN  DISABILITIES.  A.
NOTWITHSTANDING  ANY  PROVISION  OF  THIS  CHAPTER  OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY,  IF  AN  IMPAIRMENT  OF  HEALTH  CAUSED  BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04960-03-3
              

S. 4149                             2

DISEASES OF THE HEART, RESULTS IN DISABILITY OR DEATH TO A PEACE OFFICER
EMPLOYED  BY THE DIVISION OF PAROLE SUCH IMPAIRMENT 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, AND SUCH PEACE OFFICER 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.   SAID  PEACE  OFFICER
MAY MAKE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT SUBJECT TO THE
FILING REQUIREMENTS PROVIDED BY SECTION SIXTY-THREE OF THIS CHAPTER.
  B.  AS  USED  IN THIS SECTION, THE TERM "PEACE OFFICER" SHALL MEAN ANY
EMPLOYEE OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE  OFFICER
PURSUANT  TO  SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF SECTION 2.10
OF THE CRIMINAL PROCEDURE LAW, WHO, PRIOR TO ENTRY  INTO  SERVICE  AS  A
PAROLE  OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR  OTHER  IMPAIR-
MENT OF THE HEART.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have  become a law and shall expire and be deemed repealed July 1, 2014.
  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 and deaths. It would add
a "heart presumption" for parole officers, parole revocation specialists
and warrant officers in the  Department  of  Corrections  and  Community
Supervision who are designated as a peace officer and are members of the
New  York  State and Local Employees' Retirement System. The presumption
would help individuals, or those filing on their behalf, who sustained a
job related accident establish that their heart disability or  death  is
the  natural and proximate result of such accident. The accidental disa-
bility benefit would be  75%  of  final  average  salary  less  worker's
compensation.
  If  this bill is enacted, it could increase benefits from 1/3 of final
average salary to 3/4 of final average  salary,  less  worker's  compen-
sation.  We  anticipate  that  very  few members would receive increased
benefits under this proposal, since the member, or the person filing  on
behalf  of the member, would have to prove that such heart related disa-
bility or death was the result of an accident. The estimated increase in
the annual contributions for the State of New York would be approximate-
ly $93,000.
  These estimated costs are based on 1,081 members having a total annual
salary for the fiscal year ending March 31, 2012  of  approximately  $84
million.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 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.

S. 4149                             3

  This  estimate,  dated  December  17,  2012, and intended for use only
during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-18,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.