NY State Assembly Bill 2015-A7162

Assembly Bill A7162

2015-2016 Legislative Session

Relates to disability retirement benefits for the presumption of post-traumatic stress disorder for certain titles in NYC

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2016	print number 7162a
May 06, 2016	amend and recommit to governmental employees
Jan 06, 2016	referred to governmental employees
Apr 27, 2015	referred to governmental employees

Bill Amendments

Original

A (Active)

multi-Sponsors

2015-A7162 - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-f, R & SS L

2015-A7162 - Summary

Relates to disability retirement benefits for the presumption of post-traumatic stress disorder for New York city alarm dispatchers, supervising alarm dispatchers level one and supervising alarm dispatchers level two.

2015-A7162 - Bill Text download pdf

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

                                  7162

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
  ER  -- read once and referred to the Committee on Governmental Employ-
  ees

AN ACT to amend the retirement and social security law, in  relation  to
  disability  retirement  benefits for the presumption of post-traumatic
  stress disorder for certain titles

  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 605-f to read as follows:
  S  605-F. DISABILITY RETIREMENT FOR NEW YORK CITY FIRE ALARM DISPATCH-
ERS AND SUPERVISING FIRE ALARM DISPATCHER LEVELS ONE  AND  TWO.  1.    A
MEMBER  EMPLOYED  AS  A  NEW YORK CITY FIRE ALARM DISPATCHER, A NEW YORK
CITY SUPERVISING FIRE ALARM DISPATCHER LEVEL ONE  OR  A  NEW  YORK  CITY
SUPERVISING  FIRE  ALARM DISPATCHER LEVEL TWO SHALL BE ENTITLED TO DISA-
BILITY RETIREMENT ALLOWANCE, IF, AT THE  TIME  APPLICATION  THEREFOR  IS
FILED,  SUCH MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORM-
ANCE OF DUTY AS A RESULT OF CONTRACTING POST-TRAUMATIC  STRESS  DISORDER
WHILE SO EMPLOYED AND AS A RESULT OF HIS OR HER EMPLOYMENT.
  2.  NOTWITHSTANDING  ANY  PROVISION OF THIS CHAPTER OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY MEMBER WHO IS A NEW YORK  CITY
FIRE ALARM DISPATCHER, A NEW YORK CITY SUPERVISING FIRE ALARM DISPATCHER
LEVEL ONE OR A NEW YORK CITY SUPERVISING FIRE ALARM DISPATCHER LEVEL TWO
WHO  IS  DIAGNOSED  AS  SUFFERING  FROM  POST-TRAUMATIC  STRESS DISORDER
RESULTING  IN  DISABILITY  TO  SUCH  FIRE  ALARM  DISPATCHER,  PRESENTLY
EMPLOYED,  AND  WHO  SHALL  HAVE  SUSTAINED  SUCH  DISABILITY  WHILE  SO
EMPLOYED, SHALL HAVE SUCH DIAGNOSIS BE PRESUMPTIVE  EVIDENCE  THAT  SUCH
DISABILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS
THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08021-02-5

A. 7162                             2

  3.  THE  ANNUAL  RETIREMENT  ALLOWANCE  PAYABLE  SHALL BE EQUAL TO THE
THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY,  SUBJECT  TO  SECTION
13-176 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, section 50:
  PROVISIONS  OF  PROPOSED  LEGISLATION:  The proposed legislation would
amend the Retirement and Social Security  Law  ("RSSL")  to  add  a  new
Section  605-f  that  would provide a disability retirement allowance to
members of the New York City Employees' Retirement System ("NYCERS") who
are Fire Alarm Dispatchers and Supervising Fire  Alarm  Dispatchers,  if
such  member  is physically or mentally incapacitated for performance of
duty as a result of contracting post-traumatic stress disorder  ("PTSD")
while so employed and as a result of his or her employment.
  In  determining  whether  the  PTSD  occurred  while employed and as a
result of his or her employment, the diagnosis of PTSD will be  presump-
tive  evidence  that such disability was incurred in the performance and
discharge of duty, unless  the  contrary  can  be  proven  by  competent
evidence.
  The amount of the annual retirement allowance payable will be equal to
75% of the member's final average salary.
  FINANCIAL  IMPACT  -  OVERVIEW: There is no data available to estimate
the number of members who might be diagnosed with PTSD  and  potentially
benefit  from this proposed legislation. Therefore, the estimated finan-
cial impact has been calculated on a "per  event"  basis  equal  to  the
increase in the Actuarial Present Value ("APV") of Benefits ("APVB") for
an average member who is diagnosed with PTSD as the result of the enact-
ment  of  the  proposed  legislation. In determining the increase in the
APVB it has been assumed that a member diagnosed with PTSD would  retire
under a Disability Retirement benefit whether or not the proposed legis-
lation is passed.
  With  respect  to  an  individual  member, the additional cost of this
proposed legislation could vary greatly depending on the member's length
of service, age and salary history.
  FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: Based on the census  data
and assumptions herein, the enactment of this proposed legislation would
increase  the APVB by approximately $380,000 for each occurrence of PTSD
as of June 30, 2015.
  FINANCIAL IMPACT  -  ADDITIONAL  EMPLOYER  COSTS:  Enactment  of  this
proposed  legislation  would  increase employer costs, where such amount
would depend on the number of members affected as well as other  charac-
teristics  including the age, years of service and salary history of the
member.
  Based on the Actuary's actuarial assumptions and methods in effect  as
of  June  30,  2013, the enactment of this proposed legislation is esti-
mated to increase annual employer costs  by  approximately  $45,000  for
each Accidental Disability Retirement due to PTSD.
  FINANCIAL  IMPACT  -  ADDITIONAL  EMPLOYER CONTRIBUTIONS: Increases in
employer contributions would depend upon when members would  retire  due
to  PTSD but would ultimately be comparable to the increases in employer
costs.
  CENSUS DATA: As of June 30, 2013,  the  total  number  of  Fire  Alarm
Dispatchers and Supervising Fire Alarm Dispatchers who could potentially
benefit  from this proposed legislation is 186. The census data used for
estimates of APVB and employer costs and employer  contributions  herein
are  the  130  NYCERS  Tier  4  active  members  who  participate in the
Dispatchers 25-Year plan and were included in the June  30,  2013  (Lag)

A. 7162                             3

actuarial  valuations  of NYCERS used to determine the Final Fiscal Year
2015 employer contributions. These 130 members had  an  average  age  of
approximately  40, average service of approximately 11.9 years and aver-
age salary of approximately $66,000 as of June 30, 2013.
  ACTUARIAL  ASSUMPTIONS AND METHODS: The additional APV of benefits and
employer contributions presented herein have been estimated as  of  June
30,  2015  using the actuarial assumptions and methods used to determine
the Final Fiscal Year 2015 employer contributions of NYCERS.
  As there is no data currently available  to  estimate  the  number  of
members  who might be diagnosed with PTSD, the financial impact would be
recognized at the time  of  event.  Consequently,  changes  in  employer
contributions  have been estimated assuming that the increase in the APV
of Future Employer Contributions would be financed over  a  time  period
comparable to that used for actuarial losses under the Entry Age Actuar-
ial  Cost  Method.  Using  this  approach,  the Additional APV of Future
Employer Contributions would be amortized over a closed  15-year  period
(14  payments  under  the  One-Year  Lag Methodology) using level dollar
payments.
  ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to  deter-
mine  the financial impact of the proposed legislation discussed in this
Fiscal Note are those appropriate for budgetary models  and  determining
annual employer contributions to NYCERS.
  However,  the  economic  assumptions  that  are  used  for determining
employer contributions do not develop risk-adjusted, economic values  of
benefits.   Such risk-adjusted, economic values of benefits would likely
differ significantly from those developed by the budgetary models.
  STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting
Chief Actuary for the New York City Retirement Systems. I am a Fellow of
the Society of Actuaries and a Member of the American Academy of Actuar-
ies. I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
  FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
during  the  2015  Legislative Session. It is Fiscal Note 2015-21, dated
April 10, 2015 prepared by the Acting Chief Actuary  for  the  New  York
City Employees' Retirement System.

2015-A7162A (ACTIVE) - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-f, R & SS L

2015-A7162A (ACTIVE) - Summary

2015-A7162A (ACTIVE) - Bill Text download pdf

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

                                 7162--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
  ER  -- read once and referred to the Committee on Governmental Employ-
  ees -- recommitted to  the  Committee  on  Governmental  Employees  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the retirement and social security law, in relation to
  disability retirement benefits for the presumption  of  post-traumatic
  stress disorder for certain titles

  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 605-f to read as follows:
  S 605-F. DISABILITY RETIREMENT FOR NEW YORK CITY FIRE ALARM  DISPATCH-
ERS  AND  SUPERVISING  FIRE  ALARM  DISPATCHER LEVELS ONE AND TWO. 1.  A
MEMBER EMPLOYED AS A NEW YORK CITY FIRE ALARM  DISPATCHER,  A  NEW  YORK
CITY  SUPERVISING  FIRE  ALARM  DISPATCHER  LEVEL ONE OR A NEW YORK CITY
SUPERVISING FIRE ALARM DISPATCHER LEVEL TWO SHALL BE ENTITLED  TO  DISA-
BILITY  RETIREMENT  ALLOWANCE,  IF,  AT THE TIME APPLICATION THEREFOR IS
FILED, SUCH MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR  PERFORM-
ANCE  OF  DUTY AS A RESULT OF CONTRACTING POST-TRAUMATIC STRESS DISORDER
WHILE SO EMPLOYED AND AS A RESULT OF HIS OR HER EMPLOYMENT.
  2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
SPECIAL  OR LOCAL LAW TO THE CONTRARY, ANY MEMBER WHO IS A NEW YORK CITY
FIRE ALARM DISPATCHER, A NEW YORK CITY SUPERVISING FIRE ALARM DISPATCHER
LEVEL ONE OR A NEW YORK CITY SUPERVISING FIRE ALARM DISPATCHER LEVEL TWO
WHO IS  DIAGNOSED  AS  SUFFERING  FROM  POST-TRAUMATIC  STRESS  DISORDER
RESULTING  IN  DISABILITY  TO  SUCH  FIRE  ALARM  DISPATCHER,  PRESENTLY
EMPLOYED,  AND  WHO  SHALL  HAVE  SUSTAINED  SUCH  DISABILITY  WHILE  SO
EMPLOYED,  SHALL  HAVE  SUCH DIAGNOSIS BE PRESUMPTIVE EVIDENCE THAT SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08021-03-6

A. 7162--A                          2

DISABILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS
THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
  3.  THE  ANNUAL  RETIREMENT  ALLOWANCE  PAYABLE  SHALL BE EQUAL TO THE
THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY,  SUBJECT  TO  SECTION
13-176 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, section 50:
  PROVISIONS  OF  PROPOSED  LEGISLATION:  The proposed legislation would
amend the Retirement and Social Security Law (RSSL) to add a new Section
605-f that would provide a disability retirement allowance to members of
the New York City Employees' Retirement System  (NYCERS)  who  are  Fire
Alarm Dispatchers and Supervising Fire Alarm Dispatchers, if such member
is  physically  or  mentally  incapacitated for performance of duty as a
result of contracting post-traumatic stress  disorder  (PTSD)  while  so
employed and as a result of his or her employment.
  In  determining  whether  the  PTSD  occurred  while employed and as a
result of his or her employment, the diagnosis of PTSD will be  presump-
tive  evidence  that such disability was incurred in the performance and
discharge of duty, unless  the  contrary  can  be  proven  by  competent
evidence.
  The amount of the annual retirement allowance payable will be equal to
75% of the member's final average salary.
  FINANCIAL  IMPACT  -  OVERVIEW: There is no data available to estimate
the number of members who might be diagnosed with PTSD  and  potentially
benefit  from this proposed legislation. Therefore, the estimated finan-
cial impact has been calculated on a "per  event"  basis  equal  to  the
increase  in the Actuarial Present Value (APV) of Benefits (APVB) for an
average member who is diagnosed with PTSD as the result of the enactment
of the proposed legislation. In determining the increase in the APVB, it
has been assumed that 50% of the members who would retire with PTSD were
those who would have retired under  an  Ordinary  Disability  Retirement
benefit and that the remaining 50% of members who would retire with PTSD
were  those who would have continued working if the proposed legislation
were not passed.
  With respect to an individual member,  the  additional  cost  of  this
proposed legislation could vary greatly depending on the member's length
of service, age and salary history.
  FINANCIAL  IMPACT - ACTUARIAL PRESENT VALUES: Based on the census data
and assumptions herein, the enactment of this proposed legislation would
increase the APVB by approximately $360,000 for each occurrence of  PTSD
as of June 30, 2016.
  FINANCIAL  IMPACT  -  ADDITIONAL  EMPLOYER CONTRIBUTIONS: Enactment of
this proposed legislation would increase employer  contributions,  where
such  amount  would  depend on the number of members affected as well as
other characteristics including the age, years of  service,  and  salary
history of the member.
  Based  on the Actuary's actuarial assumptions and methods in effect as
of June 30, 2015, the enactment of this proposed  legislation  is  esti-
mated to increase annual employer contributions by approximately $43,000
for  each  Accidental Disability Retirement due to PTSD. With respect to
the timing, increases in employer contributions would depend  upon  when
members would retire due to PTSD.
  CENSUS  DATA:  As  of  June  30,  2015, the total number of Fire Alarm
Dispatchers and Supervising Fire Alarm Dispatchers who could potentially
benefit from this proposed legislation is 181. The census data used  for
estimates  of  APVB  and  employer  contributions  herein  is a subgroup

A. 7162--A                          3

consisting of 120 NYCERS Tier 4 active members who currently participate
in the Dispatchers 25-Year plan and were included in the June  30,  2015
(Lag) actuarial valuations of NYCERS to determine the Preliminary Fiscal
Year  2017  employer contributions. These 120 members had an average age
of approximately 40, average service of approximately  12.5  years,  and
average salary of approximately $70,000 as of June 30, 2015.
  ACTUARIAL  ASSUMPTIONS AND METHODS: The additional APV of benefits and
employer contributions presented herein have been estimated as  of  June
30,  2015  using the actuarial assumptions and methods used to determine
the Preliminary Fiscal Year 2017 employer contributions of NYCERS.
  As there is no data currently available  to  estimate  the  number  of
members  who might be diagnosed with PTSD, the financial impact would be
recognized at the time of the event. Consequently, changes  in  employer
contributions  have been estimated assuming that the increase in the APV
of Future Employer Contributions will be financed  over  a  time  period
comparable to that used for actuarial losses under the Entry Age Actuar-
ial  Cost  Method.  Using  this  approach,  the Additional APV of Future
Employer Contributions would be amortized over a closed  15-year  period
(14  payments  under  the  One-Year  Lag Methodology) using level dollar
payments.
  STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief  Actu-
ary  for  the New York City Retirement Systems. I am an Associate of the
Society of Actuaries, a Fellow of the Conference of Consulting Actuaries
and a Member of the American Academy of Actuaries. I meet the Qualifica-
tion Standards of the American Academy of Actuaries to render the  actu-
arial opinion contained herein.
  FISCAL  NOTE IDENTIFICATION: This Fiscal Note 2016-20, dated April 18,
2016, was prepared by the Chief Actuary for the New York City Employees'
Retirement System. This estimate is intended for  use  only  during  the
2016 Legislative Session.

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