S T A T E O F N E W Y O R K
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9238--A
I N S E N A T E
May 12, 2022
___________
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
AN ACT to amend the retirement and social security law, in relation to
disability retirement benefits for the presumption of post-traumatic
stress disorder for certain titles
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. DISABILITY RETIREMENT FOR CERTAIN DISPATCHERS. 1. A MEMBER
EMPLOYED AS A COMMUNICATIONS TECHNICIAN, COMMUNICATIONS SPECIALIST,
COMMUNICATIONS OPERATOR, RADIO DISPATCHER, OR EMERGENCY DISPATCHER BY
ANY STATE AGENCY, DEPARTMENT, OR DIVISION, A COUNTY 911 DISPATCHER, A
COUNTY 911 DISPATCHER SUPERVISOR, A NEW YORK CITY FIRE ALARM DISPATCHER,
A NEW YORK CITY SUPERVISING FIRE ALARM DISPATCHER LEVEL ONE OR A NEW
YORK CITY SUPERVISING FIRE ALARM DISPATCHER LEVEL TWO SHALL BE ENTITLED
TO DISABILITY RETIREMENT ALLOWANCE, IF, AT THE TIME APPLICATION THEREFOR
IS FILED, SUCH MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED FOR
PERFORMANCE OF DUTY AS A RESULT OF CONTRACTING POST-TRAUMATIC STRESS
DISORDER WHILE SO EMPLOYED AND AS A RESULT OF HIS OR HER EMPLOYMENT.
2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY MEMBER WHO IS A COMMUNICATIONS
TECHNICIAN, COMMUNICATIONS SPECIALIST, COMMUNICATIONS OPERATOR, RADIO
DISPATCHER, OR EMERGENCY DISPATCHER BY ANY STATE AGENCY, DEPARTMENT, OR
DIVISION, A COUNTY 911 DISPATCHER, A COUNTY 911 DISPATCHER SUPERVISOR, A
NEW YORK CITY FIRE ALARM DISPATCHER, A NEW YORK CITY SUPERVISING FIRE
ALARM DISPATCHER LEVEL ONE OR A NEW YORK CITY SUPERVISING FIRE ALARM
DISPATCHER LEVEL TWO WHO IS DIAGNOSED AS SUFFERING FROM POST-TRAUMATIC
STRESS DISORDER RESULTING IN DISABILITY TO SUCH FIRE ALARM DISPATCHER,
PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY WHILE
SO EMPLOYED, SHALL HAVE SUCH DIAGNOSIS BE PRESUMPTIVE EVIDENCE THAT SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14056-03-2
S. 9238--A 2
DISABILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS
THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
3. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE SHALL BE EQUAL TO THE
THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY.
§ 2. This act shall take effect immediately.