S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3977
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 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  lung  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 LUNG,
 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 LUNG.
   § 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  LUNG,  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.
                                                            LBD09482-02-9

 S. 3977                             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 LUNG.
   § 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 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 lung disease as the 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 benefit 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  12,  2019, and intended for use only
 during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-66,
 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
 ________________________________________________________________________
 
                                  3977--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   --  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
   providing   a   lung  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  LUNG,
 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 LUNG.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09482-07-0

 S. 3977--B                          2
 
   § 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  LUNG,  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 LUNG.
   §  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 lung disease as  the  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
 Assumptions, and the Codes, Rules and Regulations of the  State  of  New
 York: Audit and Control.

 S. 3977--B                          3

   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 10, 2020, and intended for use only during
 the 2020 Legislative Session, is Fiscal Note No.  2020-75,  prepared  by
 the Actuary for the New York State and Local Retirement System.