The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3944

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 21, 2019
                               ___________

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
  providing  a  heart  disease  presumption  for  correction   officers,
  correction supervisors, deputy sheriff patrol or deputy sheriff patrol
  supervisors

  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 63-g to read as follows:
  § 63-G. DISABILITY BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION SUPERVISOR,
DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR WHO  CONTRACTS
ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART,
RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER,  CORRECTION
SUPERVISOR,  DEPUTY  SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR,
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 COMPE-
TENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE, SUCH
CORRECTION  OFFICER,  CORRECTION  SUPERVISOR,  DEPUTY  SHERIFF PATROL OR
DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR  OTHER  IMPAIR-
MENT OF THE HEART.
  § 2. The retirement and social security law is amended by adding a new
section 605-f to read as follows:
  §  605-F.  DISABILITY  BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING
ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION  SUPER-
VISOR,  DEPUTY  SHERIFF  PATROL  OR DEPUTY SHERIFF PATROL SUPERVISOR WHO
CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES  OF
THE  HEART, RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09481-02-9

S. 3944                             2

CORRECTION SUPERVISOR, DEPUTY SHERIFF PATROL OR  DEPUTY  SHERIFF  PATROL
SUPERVISOR,  PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH DISA-
BILITY WHILE SO EMPLOYED, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH  DISA-
BILITY  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 CORRECTION  OFFICER,  CORRECTION  SUPERVISOR,  DEPUTY
SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE HEART.
  § 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 an accidental disability benefit if the member is
impaired due to a condition of the heart as a result of an accident,  in
the  performance  of his or her duties, unless the contrary be proven by
competent evidence. For members in tiers 1 and  2,  the  annual  benefit
would  be  75% of final average salary (FAS) less worker's compensation.
For members in tiers 3 through 6 who are covered under the provisions of
Article 14-B of the Retirement and Social Security Law, the annual bene-
fit would be 2/3 of  FAS  less  worker's  compensation.  For  all  other
affected members in tiers 3-6, the annual benefit would be 1/3 of FAS.
  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.
  However,  we  anticipate  that  few  additional  accidental disability
retirements will be granted, and thus, the resulting costs are  expected
to be negligible.
  Pursuant  to Section 25 of the Retirement and Social Security Law, all
costs arising would be borne solely by the State of New York.
  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, 2018 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2018
Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2015,
2016,  2017  and  2018  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, 2018
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 February 7,  2019,  and  intended  for  use  only
during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-64,
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
________________________________________________________________________

                                 3944--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 21, 2019
                               ___________

Introduced  by Sens. GOUNARDES, FUNKE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- reported favorably from said committee, ordered  to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted 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
  providing   a  heart  disease  presumption  for  correction  officers,
  correction supervisors, deputy sheriff patrol or deputy sheriff patrol
  supervisors

  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 63-g to read as follows:
  § 63-G. DISABILITY BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION SUPERVISOR,
DEPUTY  SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR WHO CONTRACTS
ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF  THE  HEART,
RESULTING  IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER, CORRECTION
SUPERVISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF  PATROL  SUPERVISOR,
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 COMPE-
TENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE, SUCH
CORRECTION OFFICER, CORRECTION  SUPERVISOR,  DEPUTY  SHERIFF  PATROL  OR
DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A PHYSICAL EXAMINA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09481-06-0

S. 3944--B                          2

TION  WHICH  FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR-
MENT OF THE HEART.
  § 2. The retirement and social security law is amended by adding a new
section 605-f to read as follows:
  §  605-F.  DISABILITY  BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING
ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION  SUPER-
VISOR,  DEPUTY  SHERIFF  PATROL  OR DEPUTY SHERIFF PATROL SUPERVISOR WHO
CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES  OF
THE  HEART, RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER,
CORRECTION SUPERVISOR, DEPUTY SHERIFF PATROL OR  DEPUTY  SHERIFF  PATROL
SUPERVISOR,  PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH DISA-
BILITY WHILE SO EMPLOYED, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH  DISA-
BILITY  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 CORRECTION  OFFICER,  CORRECTION  SUPERVISOR,  DEPUTY
SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE HEART.
  §  3. 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.
  § 4. 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 an accidental disability benefit if the member is
impaired due to a condition of the heart as a result of an accident,  in
the  performance  of his or her duties, unless the contrary be proven by
competent evidence. For members in Tiers 1 and  2,  the  annual  benefit
would  be  3/4 of final average salary (FAS) less worker's compensation.
For members in Tiers 3-6 who are covered under the provisions of Article
14-B of the Retirement and Social Security Law (RSSL), the annual  bene-
fit  would  be  2/3  of  FAS  less  worker's compensation. For all other
affected members in Tiers 3-6, the annual benefit would be 1/3  of  FAS.
The provisions of Section 25 of the RSSL will not apply.
  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.
  However,  we  anticipate  that  few  additional  accidental disability
retirements will be granted, and thus, the resulting costs are  expected
to be negligible.
  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

S. 3944--B                          3

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, 2018
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 10, 2020, and intended for use only  during
the  2020  Legislative  Session, is Fiscal Note No. 2020-74, prepared by
the Actuary for the New York State and Local Retirement System.