The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3312
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  heart  disease  presumption for certain fire marshals in
   Nassau 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 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 FIRE MARSHAL, SUPERVISING FIRE MARSHAL,
 DIVISION SUPERVISING FIRE MARSHAL, ASSISTANT CHIEF FIRE  MARSHAL,  CHIEF
 FIRE  MARSHAL  OR  FIRE  MARSHAL  TRAINEE  EMPLOYED BY NASSAU COUNTY WHO
 CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES  OF
 THE HEART, RESULTING IN DISABILITY OR DEATH TO SUCH FIRE MARSHAL, SUPER-
 VISING  FIRE MARSHAL, DIVISION SUPERVISING FIRE MARSHAL, ASSISTANT CHIEF
 FIRE MARSHAL, CHIEF FIRE MARSHAL  OR  FIRE  MARSHAL  TRAINEE,  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
 FIRE  MARSHAL,  SUPERVISING  FIRE  MARSHAL,  DIVISION  SUPERVISING  FIRE
 MARSHAL,  ASSISTANT  CHIEF  FIRE  MARSHAL,  CHIEF  FIRE  MARSHAL OR FIRE
 MARSHAL TRAINEE SUCCESSFULLY PASSED A PHYSICAL EXAMINATION WHICH  FAILED
 TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04837-02-1

 S. 3312                             2
 
 THE CONTRARY, ANY  MEMBER  WHO  IS  A  FIRE  MARSHAL,  SUPERVISING  FIRE
 MARSHAL,   DIVISION  SUPERVISING  FIRE  MARSHAL,  ASSISTANT  CHIEF  FIRE
 MARSHAL, CHIEF FIRE MARSHAL OR FIRE MARSHAL TRAINEE EMPLOYED  BY  NASSAU
 COUNTY  WHO  CONTRACTS  ANY  CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY
 DISEASES OF THE HEART, RESULTING IN DISABILITY OR  DEATH  TO  SUCH  FIRE
 MARSHAL,  SUPERVISING  FIRE  MARSHAL, DIVISION SUPERVISING FIRE MARSHAL,
 ASSISTANT CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL OR FIRE MARSHAL  TRAIN-
 EE,  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
 COMPETENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE,
 SUCH  FIRE  MARSHAL, SUPERVISING FIRE MARSHAL, DIVISION SUPERVISING FIRE
 MARSHAL, ASSISTANT CHIEF  FIRE  MARSHAL,  CHIEF  FIRE  MARSHAL  OR  FIRE
 MARSHAL  TRAINEE SUCCESSFULLY PASSED A PHYSICAL EXAMINATION WHICH FAILED
 TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART.
   § 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 by Nassau County as chief
 fire marshal, assistant chief fire marshal,  division  supervising  fire
 marshal, supervising fire marshal, fire marshal and fire marshal trainee
 to  receive  an  accidental disability benefit if the member is impaired
 due to a condition of the heart as a  result  of  an  accident,  in  the
 performance  of  his  or  her  duties,  unless the contrary be proven by
 competent evidence. The annual benefit would be  3/4  of  final  average
 salary less worker's compensation.
   If  this bill is enacted during the 2021 legislative session, it would
 lead to more disabilities being classified as "accidental". The cost  of
 the revised benefit will depend upon the applicant's age, service, sala-
 ry, plan, and benefit type otherwise payable.
 
      Benefit without                   Ordinary
      enactment:            None       Disability      Service
 
      Cost for revised    7.5 times     3.5 times      1 times
      benefit:             salary        salary        salary
 
   However,  we  anticipate  that  few  additional  accidental disability
 retirements will be granted, and thus, the resulting costs are  expected
 to be negligible.
   Summary of relevant resources:
   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.

 S. 3312                             3

   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 5, 2021, and intended for use only during
 the  2021  Legislative  Session, is Fiscal Note No. 2021-13, prepared by
 the Actuary for the New York State and Local Retirement System.