S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4946--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ABBATE,  DeSTEFANO,  DURSO  -- 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
   implementing a presumption of performance of duty disability for post-
   traumatic stress disorder in certain employees of Suffolk county
 
   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-g to read as follows:
   §  605-G.  ACCIDENTAL  DISABILITY  RETIREMENT FOR CERTAIN EMPLOYEES IN
 SUFFOLK COUNTY. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF  ANY
 GENERAL,  SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY MEMBER WHO SERVES IN
 SUFFOLK COUNTY AS A PUBLIC SAFETY DISPATCHER I, PUBLIC SAFETY DISPATCHER
 II, PUBLIC SAFETY DISPATCHER III, INCLUDING SPANISH SPEAKING DISPATCHERS
 IN SUCH  TITLES,  EMERGENCY  SERVICE  DISPATCHER  I,  EMERGENCY  SERVICE
 DISPATCHER  II,  EMERGENCY  SERVICE  DISPATCHER  III,  INCLUDING SPANISH
 SPEAKING DISPATCHERS  IN  SUCH  TITLES,  EMERGENCY  COMPLAINT  OPERATOR,
 INCLUDING  SPANISH SPEAKING OPERATORS IN SUCH TITLE, PUBLIC SAFETY OFFI-
 CER I, PUBLIC SAFETY OFFICER II, PUBLIC SAFETY  OFFICER  III,  INCLUDING
 SPANISH SPEAKING OFFICERS IN SUCH TITLES, AND CASE WORKER OR CASE WORKER
 TRAINEE  IN  THE  DEPARTMENT  OF  SOCIAL  SERVICES FAMILY AND CHILDREN'S
 SERVICE ADMINISTRATION, CHILD PROTECTIVE SERVICES  INVESTIGATING  BUREAU
 AND CHILD PROTECTIVE PREVENTATIVE SERVICES BUREAU, WHO IS DIAGNOSED WITH
 POST-TRAUMATIC STRESS DISORDER, RESULTING IN DISABILITY OR DEATH TO SUCH
 MEMBER, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08573-03-2
              

 A. 4946--A                          2
 
 COMPETENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE,
 SUCH MEMBER WAS NOT  PREVIOUSLY  DIAGNOSED  WITH  POST-TRAUMATIC  STRESS
 DISORDER.
   §  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 grant improved disability eligibility to any Tier 3,
 4, 5 or 6 member of the New York State and Local  Employees'  Retirement
 System  (NYSLERS)  employed  by  any municipality within Suffolk County,
 including Suffolk County itself, in the title of
   1. public safety dispatcher,
   2. public safety officer,
   3. emergency complaint operator,
   4. emergency service dispatcher, or
   5. case worker with the Department of Social Services.
   For any member so employed who is diagnosed with post-traumatic stress
 disorder, resulting in disability, such diagnosis shall be considered as
 presumptive evidence that the disability was incurred in the performance
 of the member's duties and the result of an accident, unless the contra-
 ry be proven by competent evidence and provided no  such  diagnosis  was
 made  prior  to  employment  with  Suffolk County. The annual accidental
 disability benefit for these members would be 1/3 of final average sala-
 ry (FAS).  Currently, in order to receive a 1/3 of FAS disability  bene-
 fit, members must have at least ten years of service.
   Insofar  as  this  bill  affects  the  NYSLERS, if this legislation is
 enacted during the 2022 legislative session, it would lead to more disa-
 bilities being classified as "accidental. The cost of the  benefit  will
 depend  upon  the  applicant's age, service, and salary. It is estimated
 that the per-person cost will be up to five and  one  half  (5.5)  times
 salary.
   The  exact  number  of  current  members as well as future members who
 could be affected by this legislation cannot be readily determined.  All
 costs  arising  from  this bill would be shared by the State of New York
 and all of the participating employers in the NYSLERS.
   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 of the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgement of an attorney.
 A. 4946--A                          3
 
   This  estimate,  dated  December  17,  2021, and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-32,
 prepared by the Actuary for New York State and Local Retirement System.