S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10709
 
                           I N  A S S E M B L Y
 
                               July 1, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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
   establishing  disability  retirement benefits for correction officers,
   correction supervisors, deputy  sheriff  patrols  and  deputy  sheriff
   patrol  supervisors  who  suffer any condition or impairment of health
   caused  by  methicillin  resistant  staphylococcus  aureus  (MRSA)  or
   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 605-f to read as follows:
   § 605-F. DISABILITY RETIREMENT  FOR  CORRECTION  OFFICERS,  CORRECTION
 SUPERVISORS,  DEPUTY  SHERIFF PATROLS AND DEPUTY SHERIFF PATROL SUPERVI-
 SORS. A. A MEMBER EMPLOYED AS A CORRECTION OFFICER, CORRECTION  SUPERVI-
 SOR,  DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SHALL BE
 ENTITLED TO A DISABILITY RETIREMENT ALLOWANCE, IF, AT THE TIME  APPLICA-
 TION  THEREFOR  IS  FILED,  SUCH  MEMBER IS PHYSICALLY INCAPACITATED FOR
 PERFORMANCE OF DUTY AS A RESULT OF METHICILLIN RESISTANT  STAPHYLOCOCCUS
 AUREUS  (MRSA) OR STAPH/MRSA WHILE SO EMPLOYED AND AS A RESULT OF HIS OR
 HER EMPLOYMENT.
   B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY CORRECTION OFFICER, CORRECTION
 SUPERVISOR,  DEPUTY  SHERIFF  PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR
 WHO IS DIAGNOSED WITH METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)
 OR  STAPH/MRSA,  RESULTING  IN  DISABILITY  TO  SUCH  MEMBER,  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; PROVIDED, HOWEVER, THAT
 PRIOR TO ENTRY INTO SERVICE, SUCH CORRECTION OFFICER, CORRECTION  SUPER-
 VISOR,  DEPUTY  SHERIFF  PATROL  OR  DEPUTY  SHERIFF  PATROL  SUPERVISOR
 SUCCESSFULLY PASSED A PHYSICAL  EXAMINATION  WHICH  FAILED  TO  DISCLOSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09484-06-0

 A. 10709                            2
 
 EVIDENCE  OF  ANY  METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA) OR
 STAPH/MRSA.
   C.  THE  ANNUAL  RETIREMENT ALLOWANCE PAYABLE SHALL BE EQUAL TO THREE-
 QUARTERS OF HIS OR HER FINAL AVERAGE SALARY.
   § 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.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow certain members of the New York State and  Local
 Employees'  Retirement  system  (ERS)  employed  as correction officers,
 correction supervisors, deputy sheriff patrol, or deputy sheriff  patrol
 supervisors  to  receive a performance of duty disability benefit of 75%
 of final average salary if he or she is  disabled  due  to  job  related
 contraction  of  methicillin  resistant  staphylococcus aureus (MRSA) or
 Staph/MRSA. There will be no reduction for any benefits  received  under
 Worker's Compensation.
   If  this  bill  is  enacted,  it would lead to more disabilities being
 classified as "in performance of duty". The cost of the revised  benefit
 will depend upon the applicant's age, service, salary, plan, and benefit
 type otherwise payable.
 
 Benefit without     None        Ordinary    In Performance  Service
 enactment:                      Disability  of Duty
                                             Disability
 
 Cost for revised    9.5 times   5.5 times   3 times         2.5 times
 benefit:            salary      salary      salary          salary
 
   The    number  of  members  and retirees who could be affected by this
 legislation cannot be readily determined. All costs will  be  shared  by
 the State of New York and 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 12, 2020, and intended for use only during
 the 2020 Legislative Session, is Fiscal Note No.  2020-94,  prepared  by
 the Actuary for the New York State and Local Retirement System.