S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5594--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2017
                                ___________
 
 Introduced  by Sens. GOLDEN, AKSHAR, BONACIC, HAMILTON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Civil  Service  and Pensions -- reported favorably from said committee
   and committed to the Committee on  Finance  --  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
   disability  retirement  for members of the department of environmental
   conservation, forest  rangers,  university  police  officers  and  the
   regional state park police
 
   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-ee to read as follows:
   § 363-EE.  ACCIDENTAL  DISABILITY  RETIREMENT  ALLOWANCE  FOR  CERTAIN
 MEMBERS OR OFFICERS OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
 OF  ENVIRONMENTAL  CONSERVATION,  FOREST  RANGERS,  REGIONAL  STATE PARK
 POLICE OFFICERS, AND UNIVERSITY POLICE OFFICERS. A. A MEMBER  MAY  ELECT
 TO  RECEIVE  AN  ACCIDENTAL  DISABILITY RETIREMENT ALLOWANCE AS PROVIDED
 UNDER THIS SECTION IN LIEU OF THE BENEFITS PROVIDED UNDER SECTION  THREE
 HUNDRED SIXTY-THREE-E OF THIS TITLE IF, AT THE TIME APPLICATION THEREFOR
 IS FILED, HE OR SHE IS:
   1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY HIS OR HER OWN
 WILLFUL  NEGLIGENCE  SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A NON-
 SEASONALLY APPOINTED MEMBER OF THE DIVISION OF LAW  ENFORCEMENT  IN  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  A  POLICE  OFFICER  IN THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AN  OFFICER  IN  THE  REGIONAL
 STATE  PARK  POLICE, A FOREST RANGER IN THE SERVICE OF THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION WHICH SHALL MEAN A PERSON  WHO  SERVES  ON  A
 FULL-TIME  BASIS  IN  THE  TITLE  OF  FOREST RANGER I, FOREST RANGER II,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10864-03-7

 S. 5594--A                          2
 
 FOREST RANGER III, ASSISTANT  SUPERINTENDENT  OF  FOREST  FIRE  CONTROL,
 SUPERINTENDENT  OF  FOREST  FIRE  CONTROL OR ANY SUCCESSOR TITLES OR NEW
 TITLES IN THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT  OF  ENVIRON-
 MENTAL  CONSERVATION,  OR A UNIVERSITY POLICE OFFICER APPOINTED PURSUANT
 TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
 THE EDUCATION LAW, AND
   2. ACTUALLY IN SERVICE UPON WHICH HIS  OR  HER  MEMBERSHIP  IS  BASED.
 HOWEVER,  IN  A  CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE SUBSE-
 QUENT TO THE ACCIDENT, EITHER VOLUNTARILY OR INVOLUNTARILY, AND PROVIDED
 THAT THE MEMBER MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVI-
 SION, APPLICATION MAY BE MADE, EITHER (A) BY A VESTED  MEMBER  INCAPACI-
 TATED  AS  THE  RESULT  OF  A QUALIFYING WORLD TRADE CENTER CONDITION AS
 DEFINED IN SECTION TWO OF THIS CHAPTER AT ANY TIME,  OR  (B)  NOT  LATER
 THAN TWO YEARS AFTER THE MEMBER IS FIRST DISCONTINUED FROM SERVICE.
   B.  APPLICATION  FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR
 SUCH A MEMBER MAY BE MADE BY:
   1. SUCH MEMBER, OR
   2. THE HEAD OF THE DEPARTMENT WHERE SUCH MEMBER IS EMPLOYED OR HIS  OR
 HER DESIGNEE, OR
   3. A PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C.  (A)  AFTER  THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE
 GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO  SUCH  APPLICATION  SHALL  BE
 APPROVED,  HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER
 BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE  COMPTROLLER
 WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   1. THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED;
   2. THE PARTICULARS THEREOF;
   3. THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   4. HIS OR HER ALLEGED INCAPACITY.
   (B) THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   1.  IF  NOTICE  OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH THE
 PROVISIONS OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN WHICH  A
 PARTICIPATING  EMPLOYER  SHALL  HAVE ITS EMPLOYEES LOCATED OR PERFORMING
 FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOYMENT, OR
   2. IF THE APPLICATION FOR ACCIDENTAL DISABILITY  RETIREMENT  IS  FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT, OR
   3.  IF  A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   D. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
 MENTALLY  INCAPACITATED  FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE
 RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
 RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  RETIREMENT  ALLOW-
 ANCE PAYABLE UPON ACCIDENTAL DISABILITY RETIREMENT SHALL CONSIST OF:
   1.  AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S
 ACCUMULATED CONTRIBUTIONS, PLUS
   2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN-
 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED, IF ANY, PLUS
   3. A PENSION OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY. THE
 PAYMENT OF SUCH PENSION SHALL BE SUBJECT TO THE  PROVISIONS  OF  SECTION
 THREE HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   F.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
 THE PROVISIONS OF SUBDIVISION B OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
 TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
 THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE

 S. 5594--A                          3
 
 MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
 DISABILITY RETIREMENT.
   G.  FOR  PURPOSES  OF THIS SECTION, THE TERM "ACCIDENT" SHALL HAVE THE
 SAME MEANING AND BE INTERPRETED IN THE  SAME  MANNER  AS  SUCH  TERM  IS
 DEFINED  AND INTERPRETED TO MEAN IN SECTION THREE HUNDRED SIXTY-THREE OF
 THIS TITLE.
   H. 1. (A) NOTWITHSTANDING ANY PROVISIONS OF THIS  CHAPTER  OR  OF  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
 REGULATION TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH  IS
 CAUSED  BY  A  QUALIFYING  WORLD  TRADE  CENTER  CONDITION AS DEFINED IN
 SECTION TWO OF THIS CHAPTER, IT SHALL BE PRESUMPTIVE  EVIDENCE  THAT  IT
 WAS  INCURRED  IN  THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL
 AND PROXIMATE RESULT OF AN ACCIDENT NOT  CAUSED  BY  SUCH  MEMBER'S  OWN
 WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   (B) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
 AL,  SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU-
 LATION TO THE CONTRARY, IF A MEMBER  WHO  PARTICIPATED  IN  WORLD  TRADE
 CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN SECTION TWO
 OF  THIS  CHAPTER,  AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN
 ORDINARY DISABILITY RETIREMENT  OR  A  PERFORMANCE  OF  DUTY  DISABILITY
 RETIREMENT  AND SUBSEQUENT TO SUCH RETIREMENT IS DETERMINED BY THE COMP-
 TROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN
 SECTION TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE  COMPTROLLER
 IT  SHALL  BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE PERFORM-
 ANCE AND DISCHARGE OF DUTY AS THE NATURAL AND  PROXIMATE  RESULT  OF  AN
 ACCIDENT  NOT  CAUSED  BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT
 THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR  THE
 PERFORMANCE  AND  DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE
 RETIRED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME  OF
 THE  MEMBER'S  RETIREMENT,  UNLESS  THE  CONTRARY IS PROVEN BY COMPETENT
 EVIDENCE.
   (B) THE COMPTROLLER SHALL CONSIDER A RECLASSIFICATION OF THE  MEMBER'S
 RETIREMENT  AS  AN  ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE AS OF THE
 DATE OF SUCH RECLASSIFICATION.
   (C) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS  A  RESULT
 OF SUCH RECLASSIFICATION.
   (D)  THE  MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE-
 MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE  MEMBER'S  APPLICATION
 FOR  RECLASSIFICATION  BY THE COMPTROLLER ACCORDING TO PROCEDURES DEVEL-
 OPED BY THE COMPTROLLER.
   (E) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   I. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
 REGULATION TO THE CONTRARY, IF A RETIREE WHO: (1) HAS MET  THE  CRITERIA
 OF  SUBDIVISION H OF THIS SECTION AND RETIRED ON A SERVICE OR DISABILITY
 RETIREMENT, OR WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON  AN
 ACCIDENTAL  DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWEN-
 TY-FIVE YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER  CONDI-
 TION,  AS  DEFINED  IN SECTION TWO OF THIS CHAPTER, AS DETERMINED BY THE
 APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR  APPLICABLE  MEDICAL  BOARD,
 THEN  UNLESS  THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE
 SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND  PROXIMATE  RESULT  OF  AN

 S. 5594--A                          4
 
 ACCIDENT  SUSTAINED  IN  THE  PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
 ARY, AS SET FORTH IN SECTION THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE,
 SHALL  BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION
 THREE HUNDRED SIXTY-ONE OF THIS TITLE,  HOWEVER,  FOR  THE  PURPOSES  OF
 DETERMINING  THE  SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS
 CALCULATED, THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF  HIS
 OR  HER  RETIREMENT.  UPON THE RETIREE'S DEATH, THE ELIGIBLE BENEFICIARY
 SHALL MAKE A WRITTEN APPLICATION TO THE HEAD OF  THE  RETIREMENT  SYSTEM
 WITHIN  THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENE-
 FIT AS SET FORTH IN  SECTION  THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE
 REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT  TO AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION,
 THE ELIGIBLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE  PROSPECTIVE
 BENEFITS  PAYABLE  UNDER  THE  SERVICE OR DISABILITY RETIREMENT BENEFIT,
 INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH.
 IF THE ELIGIBLE BENEFICIARY IS NOT THE  ONLY  BENEFICIARY  RECEIVING  OR
 ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT
 BENEFIT  (INCLUDING,  BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS
 OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION),
 THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE  BENEFICIARY  WILL
 BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
   J.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
 REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
 SUBDIVISION  H  OF  THIS  SECTION; AND (2) DIES IN ACTIVE SERVICE FROM A
 QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN  SECTION  TWO  OF
 THIS  CHAPTER,  AS  DETERMINED  BY THE APPLICABLE HEAD OF THE RETIREMENT
 SYSTEM OR APPLICABLE MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH  MEMBER'S
 PARTICIPATION  IN  THE  WORLD  TRADE  CENTER RESCUE, RECOVERY OR CLEANUP
 OPERATIONS, AS DEFINED IN SECTION TWO OF THIS CHAPTER, THEN  UNLESS  THE
 CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
 HAVE  DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN
 THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS
 OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
 THREE HUNDRED SIXTY-ONE OF THIS TITLE, SHALL BE  ENTITLED  TO  AN  ACCI-
 DENTAL DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE
 HEAD  OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION
 FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN  SECTION  THREE  HUNDRED
 SIXTY-ONE OF THIS TITLE.
   §  2.  The  section  heading and subdivision a of section 363-e of the
 retirement and social security law, as added by chapter 208 of the  laws
 of 1997, are amended to read as follows:
   Disability  retirement  allowance  for  members of the division of law
 enforcement in the  department  of  environmental  conservation,  POLICE
 OFFICERS   IN  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  FOREST
 RANGERS, UNIVERSITY POLICE OFFICERS and the regional state park police.
   a. Every non-seasonally appointed sworn member or officer of the divi-
 sion of law enforcement in the department of environmental  conservation
 and  the regional state park police, EVERY POLICE OFFICER IN THE DEPART-
 MENT OF  ENVIRONMENTAL  CONSERVATION,  EVERY  FOREST  RANGER  AND  EVERY
 UNIVERSITY  POLICE OFFICER APPOINTED PURSUANT TO PARAGRAPH L OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE  EDUCATION  LAW  who
 becomes physically or mentally incapacitated for the performance of duty
 shall  be  covered  by  the  provisions  of  this section in lieu of the
 provisions of section three hundred sixty-two or  three  hundred  sixty-

 S. 5594--A                          5
 
 three of this [article] TITLE; except, however, any such member or offi-
 cer  who last entered or reentered service in the department of environ-
 mental conservation or state park police, as the case may be,  prior  to
 September  first,  nineteen  hundred  ninety-seven, shall be entitled to
 apply for disability retirement pursuant to such sections and to receive
 the benefit so payable in lieu of the benefit payable pursuant  to  this
 section.  THE  BENEFITS  PROVIDED  BY THIS SECTION FOR UNIVERSITY POLICE
 OFFICERS SHALL BE IN LIEU OF SECTION THREE HUNDRED SIXTY-THREE  OF  THIS
 ARTICLE.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  grant  improved  accidental and performance of duty
 disability pensions to certain members or officers of  the  division  of
 law  enforcement in the department of environmental conservation, forest
 rangers and regional state park police. The benefit  for  an  accidental
 disability  would  be 75% of final average salary minus worker's compen-
 sation. The benefit for a performance of duty disability  benefit  would
 be 50% of final average salary.
   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,
 2018 would be approximately $440,000.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $2.53 million which will be  borne  by
 the  state of New York as a one-time payment.  This estimate is based on
 the assumption that payment will be made on March 1, 2018.
   These estimated costs are based on 689 members having an annual salary
 for the fiscal year ending March 31, 2016 of approximately $59 million.
   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, 2016 actuarial valu-
 ation.  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 May 26, 2017, and intended for  use  only  during
 the  2017  Legislative Session, is Fiscal Note No. 2017-113, 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
 ________________________________________________________________________
 
                                  5594--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2017
                                ___________
 
 Introduced  by  Sens. GOLDEN, AKSHAR, BONACIC, HAMILTON, HELMING -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Civil  Service  and Pensions -- reported favorably from
   said committee and committed to the Committee on Finance --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Civil Service and
   Pensions  in  accordance  with  Senate  Rule  6,  sec.  8 -- 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
   disability  retirement  for members of the department of environmental
   conservation, forest  rangers,  university  police  officers  and  the
   regional state park police
 
   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-ee to read as follows:
   § 363-EE.  ACCIDENTAL  DISABILITY  RETIREMENT  ALLOWANCE  FOR  CERTAIN
 MEMBERS OR OFFICERS OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
 OF  ENVIRONMENTAL  CONSERVATION,  FOREST  RANGERS,  REGIONAL  STATE PARK
 POLICE OFFICERS, AND UNIVERSITY POLICE OFFICERS. A. A MEMBER  MAY  ELECT
 TO  RECEIVE  AN  ACCIDENTAL  DISABILITY RETIREMENT ALLOWANCE AS PROVIDED
 UNDER THIS SECTION IN LIEU OF THE BENEFITS PROVIDED UNDER SECTION  THREE
 HUNDRED SIXTY-THREE-E OF THIS TITLE IF, AT THE TIME APPLICATION THEREFOR
 IS FILED, HE OR SHE IS:
   1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY HIS OR HER OWN
 WILLFUL  NEGLIGENCE  SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A NON-
 SEASONALLY APPOINTED MEMBER OF THE DIVISION OF LAW  ENFORCEMENT  IN  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  A  POLICE  OFFICER  IN THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AN  OFFICER  IN  THE  REGIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10864-05-7

 S. 5594--B                          2
 
 STATE  PARK  POLICE, A FOREST RANGER IN THE SERVICE OF THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION WHICH SHALL MEAN A PERSON  WHO  SERVES  ON  A
 FULL-TIME  BASIS  IN  THE  TITLE  OF  FOREST RANGER I, FOREST RANGER II,
 FOREST  RANGER  III,  ASSISTANT  SUPERINTENDENT  OF FOREST FIRE CONTROL,
 SUPERINTENDENT OF FOREST FIRE CONTROL OR ANY  SUCCESSOR  TITLES  OR  NEW
 TITLES  IN  THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, OR A UNIVERSITY POLICE OFFICER  APPOINTED  PURSUANT
 TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
 THE EDUCATION LAW, AND
   2.  ACTUALLY  IN  SERVICE  UPON  WHICH HIS OR HER MEMBERSHIP IS BASED.
 HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED  FROM  SERVICE  SUBSE-
 QUENT TO THE ACCIDENT, EITHER VOLUNTARILY OR INVOLUNTARILY, AND PROVIDED
 THAT THE MEMBER MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVI-
 SION,  APPLICATION  MAY BE MADE, EITHER (A) BY A VESTED MEMBER INCAPACI-
 TATED AS THE RESULT OF A QUALIFYING  WORLD  TRADE  CENTER  CONDITION  AS
 DEFINED  IN  SECTION  TWO  OF THIS CHAPTER AT ANY TIME, OR (B) NOT LATER
 THAN TWO YEARS AFTER THE MEMBER IS FIRST DISCONTINUED FROM SERVICE.
   B. APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  FOR
 SUCH A MEMBER MAY BE MADE BY:
   1. SUCH MEMBER, OR
   2.  THE HEAD OF THE DEPARTMENT WHERE SUCH MEMBER IS EMPLOYED OR HIS OR
 HER DESIGNEE, OR
   3. A PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C. (A) AFTER THE FILING OF SUCH AN APPLICATION SUCH  MEMBER  SHALL  BE
 GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
 APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
 BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
 WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   1. THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED;
   2. THE PARTICULARS THEREOF;
   3. THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   4. HIS OR HER ALLEGED INCAPACITY.
   (B) THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   1. IF NOTICE OF SUCH ACCIDENT SHALL BE FILED IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN WHICH A
 PARTICIPATING EMPLOYER SHALL HAVE ITS EMPLOYEES  LOCATED  OR  PERFORMING
 FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOYMENT, OR
   2.  IF  THE  APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT, OR
   3. IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD  CAUSE  SHOWN
 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   D.  IF  THE  COMPTROLLER  DETERMINES  THAT THE MEMBER IS PHYSICALLY OR
 MENTALLY INCAPACITATED FOR THE PERFORMANCE  OF  DUTY  AND  OUGHT  TO  BE
 RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
 RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
   E.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE RETIREMENT ALLOW-
 ANCE PAYABLE UPON ACCIDENTAL DISABILITY RETIREMENT SHALL CONSIST OF:
   1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE  MEMBER'S
 ACCUMULATED CONTRIBUTIONS, PLUS
   2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN-
 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED, IF ANY, PLUS
   3. A PENSION OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY. THE
 PAYMENT  OF  SUCH  PENSION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
 THREE HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   F. IF THE MEMBER, AT THE TIME OF THE FILING OF  AN  APPLICATION  UNDER
 THE  PROVISIONS  OF  SUBDIVISION  B  OF  THIS SECTION, IS ELIGIBLE FOR A

 S. 5594--B                          3
 
 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
 TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE  WITH
 THE  PROVISIONS  OF  SECTION  SEVENTY OF THIS CHAPTER, PROVIDED THAT THE
 MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
 DISABILITY RETIREMENT.
   G. FOR PURPOSES OF THIS SECTION, THE TERM "ACCIDENT"  SHALL  HAVE  THE
 SAME  MEANING  AND  BE  INTERPRETED  IN  THE SAME MANNER AS SUCH TERM IS
 DEFINED AND INTERPRETED TO MEAN IN SECTION THREE HUNDRED SIXTY-THREE  OF
 THIS TITLE.
   H.  1.  (A)  NOTWITHSTANDING  ANY PROVISIONS OF THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
 REGULATION  TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS
 CAUSED BY A QUALIFYING  WORLD  TRADE  CENTER  CONDITION  AS  DEFINED  IN
 SECTION  TWO  OF  THIS CHAPTER, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT
 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY  AND  THE  NATURAL
 AND  PROXIMATE  RESULT  OF  AN  ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN
 WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   (B) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
 AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR  REGU-
 LATION  TO  THE  CONTRARY,  IF  A MEMBER WHO PARTICIPATED IN WORLD TRADE
 CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN SECTION TWO
 OF THIS CHAPTER, AND SUBSEQUENTLY RETIRED ON A  SERVICE  RETIREMENT,  AN
 ORDINARY  DISABILITY  RETIREMENT  OR  A  PERFORMANCE  OF DUTY DISABILITY
 RETIREMENT AND SUBSEQUENT TO SUCH RETIREMENT IS DETERMINED BY THE  COMP-
 TROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN
 SECTION  TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE COMPTROLLER
 IT SHALL BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN  THE  PERFORM-
 ANCE  AND  DISCHARGE  OF  DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN
 ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL  NEGLIGENCE,  AND  THAT
 THE  MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
 PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE  OR  SHE
 RETIRED  HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME OF
 THE MEMBER'S RETIREMENT, UNLESS THE  CONTRARY  IS  PROVEN  BY  COMPETENT
 EVIDENCE.
   (B)  THE COMPTROLLER SHALL CONSIDER A RECLASSIFICATION OF THE MEMBER'S
 RETIREMENT AS AN ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE  AS  OF  THE
 DATE OF SUCH RECLASSIFICATION.
   (C)  SUCH  MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
 OF SUCH RECLASSIFICATION.
   (D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE  MEMBER'S  RETIRE-
 MENT  SHALL  HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
 FOR RECLASSIFICATION BY THE COMPTROLLER ACCORDING TO  PROCEDURES  DEVEL-
 OPED BY THE COMPTROLLER.
   (E) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   I.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
 REGULATION  TO  THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA
 OF SUBDIVISION H OF THIS SECTION AND RETIRED ON A SERVICE OR  DISABILITY
 RETIREMENT,  OR WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN
 ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN  TWEN-
 TY-FIVE  YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
 TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS  DETERMINED  BY  THE

 S. 5594--B                          4
 
 APPLICABLE  HEAD  OF  THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,
 THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE,  SUCH  RETIREE
 SHALL  BE  DEEMED  TO  HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
 ACCIDENT  SUSTAINED  IN  THE  PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
 ARY, AS SET FORTH IN SECTION THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE,
 SHALL  BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION
 THREE HUNDRED SIXTY-ONE OF THIS TITLE,  HOWEVER,  FOR  THE  PURPOSES  OF
 DETERMINING  THE  SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS
 CALCULATED, THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF  HIS
 OR  HER  RETIREMENT.  UPON THE RETIREE'S DEATH, THE ELIGIBLE BENEFICIARY
 SHALL MAKE A WRITTEN APPLICATION TO THE HEAD OF  THE  RETIREMENT  SYSTEM
 WITHIN  THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENE-
 FIT AS SET FORTH IN  SECTION  THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE
 REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT  TO AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION,
 THE ELIGIBLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE  PROSPECTIVE
 BENEFITS  PAYABLE  UNDER  THE  SERVICE OR DISABILITY RETIREMENT BENEFIT,
 INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH.
 IF THE ELIGIBLE BENEFICIARY IS NOT THE  ONLY  BENEFICIARY  RECEIVING  OR
 ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT
 BENEFIT  (INCLUDING,  BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS
 OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION),
 THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE  BENEFICIARY  WILL
 BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
   J.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
 REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
 SUBDIVISION  H  OF  THIS  SECTION; AND (2) DIES IN ACTIVE SERVICE FROM A
 QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN  SECTION  TWO  OF
 THIS  CHAPTER,  AS  DETERMINED  BY THE APPLICABLE HEAD OF THE RETIREMENT
 SYSTEM OR APPLICABLE MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH  MEMBER'S
 PARTICIPATION  IN  THE  WORLD  TRADE  CENTER RESCUE, RECOVERY OR CLEANUP
 OPERATIONS, AS DEFINED IN SECTION TWO OF THIS CHAPTER, THEN  UNLESS  THE
 CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
 HAVE  DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN
 THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS
 OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
 THREE HUNDRED SIXTY-ONE OF THIS TITLE, SHALL BE  ENTITLED  TO  AN  ACCI-
 DENTAL DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE
 HEAD  OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION
 FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN  SECTION  THREE  HUNDRED
 SIXTY-ONE OF THIS TITLE.
   §  2.  The  section  heading and subdivision a of section 363-e of the
 retirement and social security law, as added by chapter 208 of the  laws
 of 1997, are amended to read as follows:
   Disability  retirement  allowance  for  members of the division of law
 enforcement in the  department  of  environmental  conservation,  POLICE
 OFFICERS   IN  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  FOREST
 RANGERS, UNIVERSITY POLICE OFFICERS and the regional state park police.
   a. Every non-seasonally appointed sworn member or officer of the divi-
 sion of law enforcement in the department of environmental  conservation
 and  the regional state park police, EVERY POLICE OFFICER IN THE DEPART-
 MENT OF  ENVIRONMENTAL  CONSERVATION,  EVERY  FOREST  RANGER  AND  EVERY
 UNIVERSITY  POLICE OFFICER APPOINTED PURSUANT TO PARAGRAPH L OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE  EDUCATION  LAW  who

 S. 5594--B                          5
 
 becomes physically or mentally incapacitated for the performance of duty
 shall  be  covered  by  the  provisions  of  this section in lieu of the
 provisions of section three hundred sixty-two or  three  hundred  sixty-
 three of this [article] TITLE; except, however, any such member or offi-
 cer  who last entered or reentered service in the department of environ-
 mental conservation or state park police, as the case may be,  prior  to
 September  first,  nineteen  hundred  ninety-seven, shall be entitled to
 apply for disability retirement pursuant to such sections and to receive
 the benefit so payable in lieu of the benefit payable pursuant  to  this
 section.  THE  BENEFITS  PROVIDED  BY THIS SECTION FOR UNIVERSITY POLICE
 OFFICERS SHALL BE IN LIEU OF SECTION THREE HUNDRED SIXTY-THREE  OF  THIS
 ARTICLE.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  grant  improved  accidental and performance of duty
 disability pensions to certain members or officers of  the  division  of
 law  enforcement in the department of environmental conservation, forest
 rangers and regional state park police. The benefit  for  an  accidental
 disability  would  be 75% of final average salary minus worker's compen-
 sation. The benefit for a performance of duty disability  benefit  would
 be 50% of final average salary.
   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,
 2019 would be approximately $450,000.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $2.78 million which will be  borne  by
 the  state of New York as a one-time payment.  This estimate is based on
 the assumption that payment will be made on March 1, 2019.
   These estimated costs are based on 724 members having an annual salary
 for the fiscal year ending March 31, 2017 of approximately $60 million.
   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 November 22, 2017,  and  intended  for  use  only
 during  the  2018  Legislative  Session,  is  Fiscal  Note  No. 2018-10,
 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
 ________________________________________________________________________
 
                                  5594--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2017
                                ___________
 
 Introduced   by   Sens.  GOLDEN,  AKSHAR,  BONACIC,  HAMILTON,  HELMING,
   MARCHIONE -- read twice and ordered printed, and when  printed  to  be
   committed  to  the Committee on Civil Service and Pensions -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee on Civil Service and Pensions in accordance with Senate Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee and committed to the Committee on Finance -- 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
   disability  retirement  for members of the department of environmental
   conservation, forest  rangers,  university  police  officers  and  the
   regional state park police
 
   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-ee to read as follows:
   § 363-EE.  ACCIDENTAL  DISABILITY  RETIREMENT  ALLOWANCE  FOR  CERTAIN
 MEMBERS OR OFFICERS OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
 OF  ENVIRONMENTAL  CONSERVATION,  FOREST  RANGERS,  REGIONAL  STATE PARK
 POLICE OFFICERS, AND UNIVERSITY POLICE OFFICERS. A. A MEMBER  MAY  ELECT
 TO  RECEIVE  AN  ACCIDENTAL  DISABILITY RETIREMENT ALLOWANCE AS PROVIDED
 UNDER THIS SECTION IN LIEU OF THE BENEFITS PROVIDED UNDER SECTION  THREE
 HUNDRED SIXTY-THREE-E OF THIS TITLE IF, AT THE TIME APPLICATION THEREFOR
 IS FILED, HE OR SHE IS:
   1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY HIS OR HER OWN
 WILLFUL  NEGLIGENCE  SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A NON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10864-07-8

 S. 5594--C                          2
 
 SEASONALLY APPOINTED MEMBER OF THE DIVISION OF LAW  ENFORCEMENT  IN  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  A  POLICE  OFFICER  IN THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AN  OFFICER  IN  THE  REGIONAL
 STATE  PARK  POLICE, A FOREST RANGER IN THE SERVICE OF THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION WHICH SHALL MEAN A PERSON  WHO  SERVES  ON  A
 FULL-TIME  BASIS  IN  THE  TITLE  OF  FOREST RANGER I, FOREST RANGER II,
 FOREST RANGER III, ASSISTANT  SUPERINTENDENT  OF  FOREST  FIRE  CONTROL,
 SUPERINTENDENT  OF  FOREST  FIRE  CONTROL OR ANY SUCCESSOR TITLES OR NEW
 TITLES IN THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT  OF  ENVIRON-
 MENTAL  CONSERVATION,  OR A UNIVERSITY POLICE OFFICER APPOINTED PURSUANT
 TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
 THE EDUCATION LAW, AND
   2. ACTUALLY IN SERVICE UPON WHICH HIS  OR  HER  MEMBERSHIP  IS  BASED.
 HOWEVER,  IN  A  CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE SUBSE-
 QUENT TO THE ACCIDENT, EITHER VOLUNTARILY OR INVOLUNTARILY, AND PROVIDED
 THAT THE MEMBER MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVI-
 SION, APPLICATION MAY BE MADE, EITHER (A) BY A VESTED  MEMBER  INCAPACI-
 TATED  AS  THE  RESULT  OF  A QUALIFYING WORLD TRADE CENTER CONDITION AS
 DEFINED IN SECTION TWO OF THIS CHAPTER AT ANY TIME,  OR  (B)  NOT  LATER
 THAN TWO YEARS AFTER THE MEMBER IS FIRST DISCONTINUED FROM SERVICE.
   B.  APPLICATION  FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR
 SUCH A MEMBER MAY BE MADE BY:
   1. SUCH MEMBER, OR
   2. THE HEAD OF THE DEPARTMENT WHERE SUCH MEMBER IS EMPLOYED OR HIS  OR
 HER DESIGNEE, OR
   3. A PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   C.  (A)  AFTER  THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE
 GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO  SUCH  APPLICATION  SHALL  BE
 APPROVED,  HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER
 BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE  COMPTROLLER
 WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
   1. THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED;
   2. THE PARTICULARS THEREOF;
   3. THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   4. HIS OR HER ALLEGED INCAPACITY.
   (B) THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   1.  IF  NOTICE  OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH THE
 PROVISIONS OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN WHICH  A
 PARTICIPATING  EMPLOYER  SHALL  HAVE ITS EMPLOYEES LOCATED OR PERFORMING
 FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOYMENT, OR
   2. IF THE APPLICATION FOR ACCIDENTAL DISABILITY  RETIREMENT  IS  FILED
 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT, OR
   3.  IF  A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   D. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
 MENTALLY  INCAPACITATED  FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE
 RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
 RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  RETIREMENT  ALLOW-
 ANCE PAYABLE UPON ACCIDENTAL DISABILITY RETIREMENT SHALL CONSIST OF:
   1.  AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S
 ACCUMULATED CONTRIBUTIONS, PLUS
   2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVED-FOR-IN-
 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY BE ENTITLED, IF ANY, PLUS

 S. 5594--C                          3
 
   3. A PENSION OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY. THE
 PAYMENT OF SUCH PENSION SHALL BE SUBJECT TO THE  PROVISIONS  OF  SECTION
 THREE HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   F.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
 THE PROVISIONS OF SUBDIVISION B OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
 TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
 THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
 MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
 DISABILITY RETIREMENT.
   G. FOR PURPOSES OF THIS SECTION, THE TERM "ACCIDENT"  SHALL  HAVE  THE
 SAME  MEANING  AND  BE  INTERPRETED  IN  THE SAME MANNER AS SUCH TERM IS
 DEFINED AND INTERPRETED TO MEAN IN SECTION THREE HUNDRED SIXTY-THREE  OF
 THIS TITLE.
   H.  1.  (A)  NOTWITHSTANDING  ANY PROVISIONS OF THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
 REGULATION  TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS
 CAUSED BY A QUALIFYING  WORLD  TRADE  CENTER  CONDITION  AS  DEFINED  IN
 SECTION  TWO  OF  THIS CHAPTER, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT
 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY  AND  THE  NATURAL
 AND  PROXIMATE  RESULT  OF  AN  ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN
 WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   (B) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
 AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR  REGU-
 LATION  TO  THE  CONTRARY,  IF  A MEMBER WHO PARTICIPATED IN WORLD TRADE
 CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN SECTION TWO
 OF THIS CHAPTER, AND SUBSEQUENTLY RETIRED ON A  SERVICE  RETIREMENT,  AN
 ORDINARY  DISABILITY  RETIREMENT  OR  A  PERFORMANCE  OF DUTY DISABILITY
 RETIREMENT AND SUBSEQUENT TO SUCH RETIREMENT IS DETERMINED BY THE  COMP-
 TROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN
 SECTION  TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE COMPTROLLER
 IT SHALL BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN  THE  PERFORM-
 ANCE  AND  DISCHARGE  OF  DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN
 ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL  NEGLIGENCE,  AND  THAT
 THE  MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
 PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE  OR  SHE
 RETIRED  HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME OF
 THE MEMBER'S RETIREMENT, UNLESS THE  CONTRARY  IS  PROVEN  BY  COMPETENT
 EVIDENCE.
   (B)  THE COMPTROLLER SHALL CONSIDER A RECLASSIFICATION OF THE MEMBER'S
 RETIREMENT AS AN ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE  AS  OF  THE
 DATE OF SUCH RECLASSIFICATION.
   (C)  SUCH  MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
 OF SUCH RECLASSIFICATION.
   (D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE  MEMBER'S  RETIRE-
 MENT  SHALL  HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
 FOR RECLASSIFICATION BY THE COMPTROLLER ACCORDING TO  PROCEDURES  DEVEL-
 OPED BY THE COMPTROLLER.
   (E) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   I.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
 REGULATION  TO  THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA

 S. 5594--C                          4
 
 OF SUBDIVISION H OF THIS SECTION AND RETIRED ON A SERVICE OR  DISABILITY
 RETIREMENT,  OR WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN
 ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN  TWEN-
 TY-FIVE  YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
 TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS  DETERMINED  BY  THE
 APPLICABLE  HEAD  OF  THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,
 THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE,  SUCH  RETIREE
 SHALL  BE  DEEMED  TO  HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
 ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT  AS  A  RESULT  OF
 WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
 ARY,  AS  SET  FORTH  IN  SECTION THREE HUNDRED SIXTY-ONE OF THIS TITLE,
 SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY  SECTION
 THREE  HUNDRED  SIXTY-ONE  OF  THIS  TITLE, HOWEVER, FOR THE PURPOSES OF
 DETERMINING THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH  BENEFIT  IS
 CALCULATED,  THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS
 OR HER RETIREMENT. UPON THE RETIREE'S DEATH,  THE  ELIGIBLE  BENEFICIARY
 SHALL  MAKE  A  WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM
 WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH  BENE-
 FIT  AS  SET  FORTH  IN  SECTION  THREE  HUNDRED SIXTY-ONE OF THIS TITLE
 REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT TO AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH  CONVERSION,
 THE  ELIGIBLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE
 BENEFITS PAYABLE UNDER THE SERVICE  OR  DISABILITY  RETIREMENT  BENEFIT,
 INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH.
 IF  THE  ELIGIBLE  BENEFICIARY  IS NOT THE ONLY BENEFICIARY RECEIVING OR
 ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT
 BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT  DEATH  BENEFITS
 OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION),
 THE  ACCIDENTAL  DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL
 BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
   J. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
 GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
 REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
 SUBDIVISION H OF THIS SECTION; AND (2) DIES IN  ACTIVE  SERVICE  FROM  A
 QUALIFYING  WORLD  TRADE  CENTER CONDITION, AS DEFINED IN SECTION TWO OF
 THIS CHAPTER, AS DETERMINED BY THE APPLICABLE  HEAD  OF  THE  RETIREMENT
 SYSTEM  OR APPLICABLE MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH MEMBER'S
 PARTICIPATION IN THE WORLD TRADE  CENTER  RESCUE,  RECOVERY  OR  CLEANUP
 OPERATIONS,  AS  DEFINED IN SECTION TWO OF THIS CHAPTER, THEN UNLESS THE
 CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
 HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED  IN
 THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS
 OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
 THREE  HUNDRED  SIXTY-ONE  OF  THIS TITLE, SHALL BE ENTITLED TO AN ACCI-
 DENTAL DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE
 HEAD OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN  APPLICATION
 FOR  AN  ACCIDENTAL  DEATH BENEFIT AS SET FORTH IN SECTION THREE HUNDRED
 SIXTY-ONE OF THIS TITLE.
   § 2. The section heading and subdivision a of  section  363-e  of  the
 retirement  and social security law, as added by chapter 208 of the laws
 of 1997, are amended to read as follows:
   Disability retirement allowance for members of  the  division  of  law
 enforcement  in  the  department  of  environmental conservation, POLICE
 OFFICERS  IN  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,   FOREST
 RANGERS, UNIVERSITY POLICE OFFICERS and the regional state park police.

 S. 5594--C                          5
 
   a. Every non-seasonally appointed sworn member or officer of the divi-
 sion  of law enforcement in the department of environmental conservation
 and the regional state park police, EVERY POLICE OFFICER IN THE  DEPART-
 MENT  OF  ENVIRONMENTAL  CONSERVATION,  EVERY  FOREST  RANGER  AND EVERY
 UNIVERSITY  POLICE OFFICER APPOINTED PURSUANT TO PARAGRAPH L OF SUBDIVI-
 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THE  EDUCATION  LAW  who
 becomes physically or mentally incapacitated for the performance of duty
 shall  be  covered  by  the  provisions  of  this section in lieu of the
 provisions of section three hundred sixty-two or  three  hundred  sixty-
 three of this [article] TITLE; except, however, any such member or offi-
 cer  who last entered or reentered service in the department of environ-
 mental conservation or state park police, as the case may be,  prior  to
 September  first,  nineteen  hundred  ninety-seven, shall be entitled to
 apply for disability retirement pursuant to such sections and to receive
 the benefit so payable in lieu of the benefit payable pursuant  to  this
 section.  THE  BENEFITS  PROVIDED  BY THIS SECTION FOR UNIVERSITY POLICE
 OFFICERS SHALL BE IN LIEU OF SECTION THREE HUNDRED SIXTY-THREE  OF  THIS
 ARTICLE.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  grant  improved  accidental and performance of duty
 disability pensions to certain members or officers of  the  division  of
 law  enforcement  in  the  department of environmental conservation, and
 regional state park police. The benefit  for  an  accidental  disability
 would  be  75%  of final average salary minus worker's compensation. The
 benefit for a performance of duty disability benefit  would  be  50%  of
 final average salary.
   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,
 2019 would be approximately $350,000.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $2.17 million which will be  borne  by
 the  state  of New York as a one-time payment. This estimate is based on
 the assumption that payment will be made on March 1, 2019.
   These estimated costs are based on 570 members having an annual salary
 for the fiscal year ending March 31, 2017 of approximately $48 million.
   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 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  2,  2018,  and intended for use only
 during the  2018  Legislative  Session,  is  Fiscal  Note  No.  2018-57,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.