LBD06237-02-1
A. 6732 2
D. AFTER THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE GIVEN
ONE OR MORE MEDICAL EXAMINATIONS. IF THE COMPTROLLER DETERMINES THAT
THE MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE
OF DUTY AND OUGHT TO BE RETIRED FOR PERFORMANCE OF DUTY DISABILITY, SUCH
MEMBER SHALL BE SO RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A
DATE APPROVED BY THE COMPTROLLER.
E. THE RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR PERFORMANCE OF
DUTY DISABILITY SHALL CONSIST OF A PENSION OF ONE-HALF OF HIS OR HER
FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIV-
ALENT OF SUCH MEMBER'S ACCUMULATED CONTRIBUTIONS, IF ANY.
F. IF THE MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C OF THIS SECTION, IS ELIGIBLE FOR A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, SUCH MEMBER MAY
SIMULTANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE
WITH THE PROVISIONS OF SECTION SEVENTY OF THIS ARTICLE, PROVIDED THAT
THE MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR PERFORM-
ANCE OF DUTY DISABILITY RETIREMENT.
G. ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING OF SECTION
SIXTY-FOUR OF THIS TITLE. ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS'
COMPENSATION LAW TO A MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT
TO THIS SECTION SHALL BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE.
§ 63-H. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION. A. ANY MEMBER OF
THE RETIREMENT SYSTEM EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS OF THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY: (1) DISEASES OF THE HEART; OR (2) ANY (I) MELANOMA OR (II)
CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGESTIVE, HEMATOLOGICAL,
URINARY, NEUROLOGICAL, BREAST, REPRODUCTIVE OR PROSTATE SYSTEMS RESULT-
ING IN DISABILITY TO A MEMBER COVERED BY THIS SECTION, PRESENTLY
EMPLOYED, WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO
SERVICE AS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIREFIGHTER I,
AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING AND SAFETY
OFFICER WHICH EXAMINATION FAILED TO REVEAL EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE HEART OR SUCH MELANOMA OR CONDITION, SHALL BE
PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND
DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE
AND SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE
EQUAL TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS TITLE,
SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS TITLE.
C. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASES OF THE LUNG, RESULTING IN DISABILITY TO A MEMBER
COVERED BY THIS SECTION, PRESENTLY EMPLOYED, WHO SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS AN AIRPORT FIREFIGHTER
APPRENTICE, AIRPORT FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIRE-
FIGHTER III OR TRAINING AND SAFETY OFFICER, WHICH EXAMINATION FAILED TO
DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE LUNG, SHALL
BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND
DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE
A. 6732 3
AND SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE
EQUAL TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS TITLE,
SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS TITLE.
D. AFTER THE FILING OF AN APPLICATION SUCH MEMBER SHALL BE GIVEN ONE
OR MORE MEDICAL EXAMINATIONS. IF THE COMPTROLLER DETERMINES THAT THE
MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE OF
DUTY AND OUGHT TO BE RETIRED FOR PERFORMANCE OF DUTY DISABILITY, SUCH
MEMBER SHALL BE SO RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A
DATE APPROVED BY THE COMPTROLLER.
E. IF THE MEMBER, AT THE TIME OF THE FILING OF SUCH APPLICATION, IS
ELIGIBLE FOR A SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, SUCH
MEMBER MAY SIMULTANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT,
PROVIDED THAT THE MEMBER INDICATES ON THE APPLICATION FOR SERVICE
RETIREMENT THAT SUCH APPLICATION IS FILED WITHOUT PREJUDICE TO THE
APPLICATION FOR PERFORMANCE OF DUTY DISABILITY RETIREMENT.
§ 2. The retirement and social security law is amended by adding two
new sections 607-j and 607-k to read as follows:
§ 607-J. PERFORMANCE OF DUTY DISABILITY RETIREMENT. A. ANY MEMBER OF
THE RETIREMENT SYSTEM EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS OF THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY MEMBER WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED AS THE RESULT OF A DISABILITY, WHO IS PRESENTLY
EMPLOYED AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED
AND WHILE ACTUALLY A MEMBER OF THE RETIREMENT SYSTEM, PROVIDED THAT SUCH
DISABILITY OR DEATH (A) WAS CAUSED BY THE NATURAL AND PROXIMATE RESULT
OF A DISABILITY, NOT CAUSED BY SUCH FIREFIGHTER'S OWN WILLFUL NEGLIGENCE
AND (B) WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS
THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SHALL BE PAID A PERFORM-
ANCE OF DUTY DISABILITY RETIREMENT BENEFIT PAYABLE PURSUANT TO THIS
SECTION.
C. APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
1. SUCH MEMBER;
2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
3. SOME PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
D. AFTER THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE GIVEN
ONE OR MORE MEDICAL EXAMINATIONS. IF THE COMPTROLLER DETERMINES THAT
THE MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE
OF DUTY AND OUGHT TO BE RETIRED FOR PERFORMANCE OF DUTY DISABILITY, SUCH
MEMBER SHALL BE SO RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A
DATE APPROVED BY THE COMPTROLLER.
E. THE RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR PERFORMANCE OF
DUTY DISABILITY SHALL CONSIST OF A PENSION OF ONE-HALF OF HIS OR HER
FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIV-
ALENT OF SUCH MEMBER'S ACCUMULATED CONTRIBUTIONS, IF ANY.
F. IF THE MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C OF THIS SECTION, IS ELIGIBLE FOR A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, SUCH MEMBER MAY
SIMULTANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE
WITH THE PROVISIONS OF SECTION SEVENTY OF THIS CHAPTER, PROVIDED THAT
THE MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH
A. 6732 4
APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR PERFORM-
ANCE OF DUTY DISABILITY RETIREMENT.
G. ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING OF SECTION
SIXTY-FOUR OF THIS CHAPTER. ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS'
COMPENSATION LAW TO A MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT
TO THIS SECTION SHALL BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE.
§ 607-K. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION. A. ANY MEMBER OF
THE RETIREMENT SYSTEM EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS OF THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY: (1) DISEASES OF THE HEART; OR (2) ANY (I) MELANOMA OR (II)
CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGESTIVE, HEMATOLOGICAL,
URINARY, NEUROLOGICAL, BREAST, REPRODUCTIVE OR PROSTATE SYSTEMS RESULT-
ING IN DISABILITY TO A MEMBER COVERED BY THIS SECTION, PRESENTLY
EMPLOYED, WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO
SERVICE AS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIREFIGHTER I,
AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING AND SAFETY
OFFICER WHICH EXAMINATION FAILED TO REVEAL EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE HEART OR SUCH MELANOMA OR CONDITION, SHALL BE
PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND
DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE
AND SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE
EQUAL TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER,
SUBJECT TO THE PROVISIONS OF SECTIONS SIXTY-THREE AND SIXTY-FOUR OF THIS
CHAPTER.
C. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASES OF THE LUNG, RESULTING IN DISABILITY TO A MEMBER
COVERED BY THIS SECTION, PRESENTLY EMPLOYED, WHO SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS AN AIRPORT FIREFIGHTER
APPRENTICE, AIRPORT FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIRE-
FIGHTER III OR TRAINING AND SAFETY OFFICER, WHICH EXAMINATION FAILED TO
DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE LUNG, SHALL
BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND
DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE
AND SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE
EQUAL TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER,
SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
D. AFTER THE FILING OF AN APPLICATION SUCH MEMBER SHALL BE GIVEN ONE
OR MORE MEDICAL EXAMINATIONS. IF THE COMPTROLLER DETERMINES THAT THE
MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE OF
DUTY AND OUGHT TO BE RETIRED FOR PERFORMANCE OF DUTY DISABILITY, SUCH
MEMBER SHALL BE SO RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A
DATE APPROVED BY THE COMPTROLLER.
E. IF THE MEMBER, AT THE TIME OF THE FILING OF SUCH APPLICATION, IS
ELIGIBLE FOR A SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, SUCH
MEMBER MAY SIMULTANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT,
PROVIDED THAT THE MEMBER INDICATES ON THE APPLICATION FOR SERVICE
RETIREMENT THAT SUCH APPLICATION IS FILED WITHOUT PREJUDICE TO THE
APPLICATION FOR PERFORMANCE OF DUTY DISABILITY RETIREMENT.
A. 6732 5
§ 3. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would grant improved disability pensions to airport fire-
fighters and training and safety officers in the New York State division
of military and naval affairs who sustain a disability in the perform-
ance of their duties equal to 50% of final average salary (FAS), or 75%
of FAS less worker's compensation (WC) when such disability is related
to heart disease, lung disease, or certain forms of cancer, unless the
contrary be proven by competent evidence. Currently, affected members
are entitled to an ordinary disability benefit of 1/3 of FAS.
If this bill is enacted during the 2021 legislative session, we antic-
ipate that there will be an increase of approximately $96,000 in the
annual contributions of the State of New York for the fiscal year ending
March 31, 2022. In future years, this cost will vary as the billing
rates and salary of the affected members change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $672,000 which will be
borne by the State of New York as a one-time payment. This estimate is
based on the assumption that payment will be made on March 1, 2022.
These estimated costs are based on 61 members having an annual salary
for the fiscal year ending March 31, 2020 of approximately $4.9 million.
Summary of relevant resources:
The identities of the members who are affected by this legislation are
not obtainable from our database. Job title code data provided by the
Civil Service Employees Association was relied upon to identify affected
members.
Membership data as of March 31, 2020 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2020 actuari-
al valuation. Distributions and other statistics can be found in the
2020 Report of the Actuary and the 2020 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
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, 2020
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 January 21, 2021, and intended for use only
during the 2021 Legislative Session, is Fiscal Note No. 2021-59,
prepared by the Actuary for the New York State and Local Retirement
System.