Senate Bill S2236

2015-2016 Legislative Session

Relates to impairments of health, presumption and staph/MRSA

download bill text pdf

Sponsored By

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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2015-S2236 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §363-ddd, R & SS L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3785
2017-2018: S3770

2015-S2236 (ACTIVE) - Summary

Relates to impairments of health, presumption and staph/MRSA.

2015-S2236 (ACTIVE) - Sponsor Memo

2015-S2236 (ACTIVE) - Bill Text download pdf

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

                                  2236

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  LIBOUS -- 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
  impairments of health, presumption and staph/MRSA

  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 363-ddd to read as follows:
  S 363-DDD. IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA.    NOTWITH-
STANDING  ANY  PROVISION  OF  THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR
LOCAL LAW TO THE CONTRARY, ANY POLICE  OFFICER  OR  FIREFIGHTER  WHO  IS
COVERED  BY  THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE OF THIS
TITLE AND WHO  CONTRACTS  METHICILLIN  RESISTANT  STAPHYLOCOCCUS  AUREUS
(MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
THE  PERFORMANCE  OR  DISCHARGE  OF HIS OR HER DUTIES AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE  PERFORMANCE
OF  HIS  OR  HER  DUTIES  UNLESS  THE  CONTRARY  BE  PROVEN BY COMPETENT
EVIDENCE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--This bill will affect certain members of  the  New  York
State  and  Local  Police  and  Fire Retirement System by presuming that
contracting MRSA or Staph/MRSA will qualify them for a accidental  disa-
bility retirement, unless the contrary be proven by competent evidence.
  If  this  bill  is  enacted,  it would lead to more disabilities being
classified as "accidental". For the disabilities so  classified  due  to
this  bill,  the  cost  would  depend  on whether such person would have
otherwise been eligible for an ordinary  disability,  a  performance  of
duty  disability  or  a  service retirement. For those who contract such
disease prior to  being  eligible  to  receive  an  ordinary  disability
retirement,  it  is  estimated that there would be an average per person
cost of approximately eight (8) times final average  salary.  For  those

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07180-02-5
              

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