NY State Senate Bill 2021-S9238A

Senate Bill S9238A

2021-2022 Legislative Session

Relates to disability retirement benefits for the presumption of post-traumatic stress disorder for certain dispatcher titles

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2022	print number 9238a
Jun 13, 2022	amend and recommit to civil service and pensions
May 12, 2022	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2021-S9238 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-g, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5904
2023-2024: S6387

2021-S9238 - Summary

Relates to disability retirement benefits for the presumption of post-traumatic stress disorder for communications technicians, communications specialists, communications operators, radio dispatchers, or emergency dispatchers by any state agency, department, or division, county 911 dispatchers, county 911 dispatcher supervisors, New York city fire alarm dispatchers, supervising fire alarm dispatchers level one and supervising fire alarm dispatchers level two.

2021-S9238 - Sponsor Memo

                                 
BILL NUMBER: S9238

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Provide fire alarm dispatchers the presumption of PTSD for a 3/4 disa-
bility retirement.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides for a 3/4 disability retirement for the
presumption of PTSD.

Section 2 of the bill provides that the act shall take effect immediate-
ly.

 
JUSTIFICATION:

Fire Alarm Dispatchers are exposed to an incredible amount of stress on
a daily basis, simply by the nature of their job. While never physically
present on the site of emergencies, they are on the receiving end of the
first, frantic calls regarding them. The effects of such rigorous, high-
intensity work are real, and the hardworking dispatchers who help keep
New York City safe deserve to be compensated for them.

In a city as large as New York, Fire Alarm Dispatchers must deal with a
constant stream of calls. The emergencies can range from the mundane
incident, to fires, car accidents, and even horrific crimes.  While they
are highly skilled and trained to initiate first responder help, they
are limited to doing only that. This often leaves them with gut wrench-
ing feelings of helplessness and desperation as they listen to the emer-
gency play out, and wait for help to arrive. Fire Alarm Dispatchers
often talk citizens through crises, and sometimes hear horrific
outcomes.

A 2010-2011 study from the Department of Psychology at Northern Illinois
University revealed that public safety dispatchers suffer from post-
traumatic stress disorder (PTSD) at a higher percentage than the general
population. The study, conducted by Heather Pierce and Michell Lilly,
credited this higher percentage to "significant duty-related trauma
exposure." The researchers found that dispatchers' separation from the
actual crises may not buffer them from PTSD symptoms. Further, the feel-
ings of fear, helplessness and horror were validated by the study's
results.

Fire Alarm Dispatchers play a vital role in the safety of cities every-
where, and New York is no exception. They can face a lifetime of conse-
quences for their service, and should be compensated for it.  This bill
would provide them such compensation.

 
PRIOR LEGISLATIVE HISTORY:

2020: S5904A - Referred to Civil Service and Pensions
2019: S5904 - Referred to Civil Service and Pensions

2018: S8361 - Referred to Civil Service and Pensions

2016: S.7884 - Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

See bill.

 
EFFECTIVE DATE:
Immediately

2021-S9238 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9238
 
                             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
 
 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 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 ALLOW-
 ANCE, 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  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14056-02-2

2021-S9238A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-g, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5904
2023-2024: S6387

2021-S9238A (ACTIVE) - Summary

2021-S9238A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9238A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Provide fire alarm dispatchers the presumption of PTSD for a 3/4 disa-
bility retirement.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides for a 3/4 disability retirement for the
presumption of PTSD.

Section 2 of the bill provides that the act shall take effect immediate-
ly.

 
JUSTIFICATION:

Fire Alarm Dispatchers are exposed to an incredible amount of stress on
a daily basis, simply by the nature of their job. While never physically
present on the site of emergencies, they are on the receiving end of the
first, frantic calls regarding them. The effects of such rigorous, high-
intensity work are real, and the hardworking dispatchers who help keep
New York City safe deserve to be compensated for them.

In a city as large as New York, Fire Alarm Dispatchers must deal with a
constant stream of calls. The emergencies can range from the mundane
incident, to fires, car accidents, and even horrific crimes.  While they
are highly skilled and trained to initiate first responder help, they
are limited to doing only that. This often leaves them with gut wrench-
ing feelings of helplessness and desperation as they listen to the emer-
gency play out, and wait for help to arrive. Fire Alarm Dispatchers
often talk citizens through crises, and sometimes hear horrific
outcomes.

A 2010-2011 study from the Department of Psychology at Northern Illinois
University revealed that public safety dispatchers suffer from post-
traumatic stress disorder (PTSD) at a higher percentage than the general
population. The study, conducted by Heather Pierce and Michell Lilly,
credited this higher percentage to "significant duty-related trauma
exposure." The researchers found that dispatchers' separation from the
actual crises may not buffer them from PTSD symptoms. Further, the feel-
ings of fear, helplessness and horror were validated by the study's
results.

Fire Alarm Dispatchers play a vital role in the safety of cities every-
where, and New York is no exception. They can face a lifetime of conse-
quences for their service, and should be compensated for it.  This bill
would provide them such compensation.

 
PRIOR LEGISLATIVE HISTORY:

2022: S9238 - Referred to Civil Service and Pensions
2020: S5904A - Referred to Civil Service and Pensions

2019: S5904 - Referred to Civil Service and Pensions

2018: S8361 - Referred to Civil Service and Pensions

2016: S.7884 - Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

See bill.

 
EFFECTIVE DATE:
Immediately

2021-S9238A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  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.

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