Assembly Bill A10288

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10288
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   implementing a presumption of performance of duty disability for post-
   traumatic stress disorder in certain employees of Suffolk county
 
   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:
   §  605-F.  ACCIDENTAL  DISABILITY  RETIREMENT FOR CERTAIN EMPLOYEES IN
 SUFFOLK COUNTY. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF  ANY
 GENERAL,  SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY MEMBER WHO SERVES IN
 SUFFOLK COUNTY AS A PUBLIC SAFETY DISPATCHER I, PUBLIC SAFETY DISPATCHER
 II, PUBLIC SAFETY DISPATCHER III, INCLUDING SPANISH SPEAKING DISPATCHERS
 IN SUCH  TITLES,  EMERGENCY  SERVICE  DISPATCHER  I,  EMERGENCY  SERVICE
 DISPATCHER  II,  EMERGENCY  SERVICE  DISPATCHER  III,  INCLUDING SPANISH
 SPEAKING DISPATCHERS  IN  SUCH  TITLES,  EMERGENCY  COMPLAINT  OPERATOR,
 INCLUDING  SPANISH SPEAKING OPERATORS IN SUCH TITLE, PUBLIC SAFETY OFFI-
 CER I, PUBLIC SAFETY OFFICER II, PUBLIC SAFETY  OFFICER  III,  INCLUDING
 SPANISH SPEAKING OFFICERS IN SUCH TITLES, AND CASE WORKER OR CASE WORKER
 TRAINEE  IN  THE  DEPARTMENT  OF  SOCIAL  SERVICES FAMILY AND CHILDREN'S
 SERVICE ADMINISTRATION, CHILD PROTECTIVE SERVICES  INVESTIGATING  BUREAU
 AND CHILD PROTECTIVE PREVENTATIVE SERVICES BUREAU, WHO IS DIAGNOSED WITH
 POST-TRAUMATIC STRESS DISORDER, RESULTING IN DISABILITY OR DEATH TO SUCH
 MEMBER, PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY
 WHILE  SO  EMPLOYED,  SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH DISABILITY
 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; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE,
 SUCH MEMBER WAS NOT  PREVIOUSLY  DIAGNOSED  WITH  POST-TRAUMATIC  STRESS
 DISORDER.
   §  2. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13031-04-0

 A. 10288                            2
 
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would grant improved disability eligibility to any Tier 3,
 4, 5 or 6 member of the New York State and Local  Employees'  Retirement
 System (ERS) employed by any municipality within Suffolk County, includ-
 ing Suffolk County itself, in the title of
   1. public safety dispatcher,
   2. public safety officer,
   3. emergency complaint operator,
   4. emergency service dispatcher, or
   5. case worker with the Department of Social Services.
   For any member so employed who is diagnosed with post-traumatic stress
 disorder, resulting in disability, such diagnosis shall be considered as
 presumptive evidence that the disability was incurred in the performance
 of the member's duties and the result of an accident, unless the contra-
 ry  be  proven  by competent evidence and provided no such diagnosis was
 made prior to employment with  Suffolk  County.  The  annual  accidental
 disability benefit for these members would be 1/3 of final average sala-
 ry  (FAS).  Currently, in order to receive a 1/3 of FAS disability bene-
 fit, members must have at least ten years of service.
   If this bill is enacted, it would  lead  to  more  disabilities  being
 classified as "accidental". The cost of the benefit will depend upon the
 applicant's age, service and salary. It is estimated that the per-person
 cost will be up to five (5) times salary.
   The  exact number of members who would be affected by this legislation
 cannot be readily determined.
   All costs arising from this bill would be shared by the State  of  New
 York and all of the participating employers in the ERS.
   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, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018 and 2019 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, 2019
 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  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate, dated March 11, 2020, and intended for use only during
 the 2020 Legislative Session, is Fiscal Note No.  2020-83,  prepared  by
 the Actuary for the New York State and Local Retirement System.