The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4393--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ABBATE,  DURSO,  DeSTEFANO  -- read once and
   referred to the Committee on Governmental Employees -- recommitted  to
   the  Committee  on  Governmental Employees in accordance with Assembly
   Rule  3,  sec.  2  --  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
   certain disabilities of university police officers  appointed  by  the
   state university of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 363-a of the retirement and social
 security law, as amended by chapter 437 of the laws of 2016, is  amended
 to read as follows:
   3.  As used in this section, the terms "firefighter" and "police offi-
 cer" mean any member who is performing police or fire  service,  as  the
 phrase police or fire service is defined in paragraphs a, b, c, d, f (as
 added by chapter six hundred seventy-four of the laws of nineteen eight-
 y-six),  f (as added by chapter six hundred seventy-seven of the laws of
 nineteen eighty-six), g, h, I and j of  subdivision  eleven  of  section
 three  hundred two of this article, and who, prior to entry into service
 as a firefighter or police officer, successfully passed a physical exam-
 ination which failed to  disclose  evidence  of  any  disease  or  other
 impairment of the heart.
   §  2.  The  amendments  to  section 363-a of the retirement and social
 security law made by section one of this act shall not  affect,  impair,
 or  invalidate  any  temporary  right,  privilege,  or benefit conferred
 pursuant to the provisions of a general, special  or  local  law  (other
 than pursuant to articles 14 and 15 of the retirement and social securi-
 ty  law)  for  any  member of a public retirement system or pension plan
 funded by the state or one of its political subdivisions, nor shall  any
 amendments thereto affect the application of such provisions as extended
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08558-03-2

 A. 4393--A                          2
 
 by  the  provisions of section 480 of the retirement and social security
 law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  is  a  technical  correction to Chapter 561 of the Laws of
 2015.   It would add a  "heart  bill"  performance  of  duty  disability
 provision  for  police  officers of the State University of New York who
 are members of the New York State and Local Police and  Fire  Retirement
 System.
   If  this  bill  is  enacted,  it could lead to more disabilities being
 classified as "performance of duty". We anticipate that few  performance
 of  duty disability retirements will be granted, and thus, the resulting
 costs will be negligible.
   Summary of relevant resources:
   Membership data as of March 31, 2021 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 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, 2021
 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  December  22,  2021, and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-46,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.