NY State Senate Bill 2019-S8078

Senate Bill S8078

2019-2020 Legislative Session

Relates to establishing disability retirement benefits for certain members who suffer any condition or impairment of health caused by methicillin resistant staphylococcus aureus (MRSA) or Staph/MRSA

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2020	referred to civil service and pensions

2019-S8078 (ACTIVE) - Details

See Assembly Version of this Bill:: A10709
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-f, R & SS L

2019-S8078 (ACTIVE) - Summary

Relates 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; provides that such disability benefits shall be three-quarters of a member's final average salary.

2019-S8078 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8078

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill intends to provide correction officers, correction supervi-
sors, deputy sheriff patrols and deputy sheriff patrol supervisors a
proper pension in cases of employment related disabilities associated
with MRSA.

 
SUMMARY OF PROVISIONS:

This bill would provide a 75% accidental disability benefit for

correction officers, correction supervisors, deputy sheriff patrols and
deputy sheriff patrol supervisors provide the assumption that methicil-
lin resistant staphylococcus aureus was contracted in the line of duty.

 
JUSTIFICATION:

Methicillin resistant staphylococcus aureus, or (MRSA), is spread
through the five C's: crowding, frequent skin-to-skin contact, compro-
mised skin (i.e. open abrasions), contaminated items or surfaces, and
lack of cleanliness. As many if not all of these conditions are present
in correctional facilities, leading health organizations such as the CDC
consider such facilities veritable breeding grounds for the disease.
This bill creates a statutory presumption for correction officers,
correction supervisors, deputy sheriff patrols and deputy sheriff patrol
supervisors who contract MRSA that such contraction is related to the
performance of their duties. This legislation would deem such exposure
as an accident so that the member would be eligible for three-quarters
of their final average salary, allowing the member to retire with digni-
ty and the ability to provide for his or her family.

 
PRIOR LEGISLATIVE HISTORY:

2019: A6242A referred to ways and means

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
Immediately.

2019-S8078 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8078
 
                             I N  S E N A T E
 
                              March 17, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   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

 S. 8078                             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.

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