S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8164
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
   tee on Governmental Employees
 
 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:
   §  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.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   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 an accidental disability 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04168-02-7

 A. 8164                             2
 
 cost  of  approximately  9  times  final  average  salary. For those who
 contract such disease who would be eligible to receive an ordinary disa-
 bility retirement, it is estimated that there would be  an  average  per
 person cost of approximately 5 times final average salary. For those who
 contract  such disease who would be eligible to receive a performance of
 duty disability retirement, it is estimated that there would be an aver-
 age per person cost of approximately 2.5  times  final  average  salary.
 For those who contract such disease who are eligible for service retire-
 ment,  it is estimated that there would be an average per person cost of
 approximately 2 times final average salary.
   However, we  anticipate  that  few  additional  accidental  disability
 retirements  will be granted, and thus, the resulting costs are expected
 to be negligible.
   Summary of relevant resources:
   The membership data used in  measuring  the  impact  of  the  proposed
 changes was the same as that used in the March 31, 2016 actuarial valua-
 tion.Distributions  and other statistics can be found in the 2016 Report
 of the Actuary and the 2016 Comprehensive Annual Financial Report.
   The actuarial assumptions and methods used are described in  the  2015
 and  2016 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, 2016
 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 actuarial opinion contained herein.
   This estimate, dated January 19,  2017,  and  intended  for  use  only
 during  the  2017  Legislative  Session,  is  Fiscal  Note  No. 2017-28,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8164--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
   tee  on  Governmental  Employees  --  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 committee

 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:
   § 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.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   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 an  accidental  disability  retirement,
 unless the contrary be proven by competent evidence.
   If  this  bill  is  enacted,  it would lead to more disabilities being
 classified as "accidental". The cost of the revised benefit will  depend
 upon the applicant's age, service, salary, plan, and benefit type other-
 wise payable.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04168-04-8

 A. 8164--A                          2
 
 Benefit without   None      Ordinary    In Performance of   Service
 enactment:                  Disability  Duty Disability
 Cost for revised  9 times   5 times     2.5 times         2 times salary
 benefit:          salary    salary      salary
 
   However,  we  anticipate  that  few  additional  accidental disability
 retirements will be granted, and thus, the resulting costs are  expected
 to be negligible.
   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, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2017
 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 actuarial opinion contained herein.
   This  estimate,  dated  February  27,  2018, and intended for use only
 during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-64,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.