S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5201
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   certain  medical  presumptions  applicable  to members of the New York
   state and local employees' retirement system

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 363-a of the retirement and social
 security  law, as amended by chapter 437 of the laws of 2016, is amended
 to read as follows:
   2. Notwithstanding any provision of this chapter or  of  any  general,
 special,  or  local  law to the contrary, any condition of impairment of
 health caused by diseases of the heart, resulting in disability or death
 to a police officer, presently employed, and who  shall  have  sustained
 such disability while so employed, shall be presumptive evidence that it
 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.
   § 2. The retirement and social security law is amended by adding a new
 section 809 to read as follows:
   §  809. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS PERTAINING
 TO DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY TO CERTAIN  APPLI-
 CATIONS  FOR  DISABILITY RETIREMENT ALLOWANCES MADE BY OR ON BEHALF OF A
 MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT  SYSTEM  OR
 THE  NEW  YORK  STATE  AND  LOCAL POLICE AND FIRE RETIREMENT SYSTEM.  IT
 SHALL APPLY ONLY TO APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER  TO
 A  PROVISION  THAT  ANY  CONDITION  OF  IMPAIRMENT OF HEALTH CAUSED BY A
 DISEASE OF THE HEART, RESULTING  IN  DISABILITY,  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08408-02-3
 A. 5201                             2
              

 
   B. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY  AN
 APPLICATION  FOR  AN  ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE THAT IS
 BASED ON A PERMANENT INCAPACITY CAUSED BY A DISEASE OF THE HEART,  SHALL
 NOT BE REQUIRED TO ALLEGE OR ESTABLISH:
   (1) THAT THE MEMBER SUSTAINED AN ACCIDENT OR OTHER INCIDENT RELATED TO
 THE PERFORMANCE AND DISCHARGE OF DUTY; OR
   (2) THAT NOTICE WAS PROVIDED THEREOF.
   C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
 PRESUMPTIONS REFERRED TO  IN  SUBDIVISION  A  OF  THIS  SECTION  MAY  BE
 REBUTTED  ONLY  BY  COMPETENT  EVIDENCE  THAT  THE DISABILITY IS NOT THE
 NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE AND DISCHARGE OF DUTY.
   § 3. The amendment made to subdivision  2  of  section  363-a  of  the
 retirement  and social security law by section one of this act shall not
 affect, impair or invalidate any temporary right, privilege  or  benefit
 conferred  pursuant to the provisions of a general, special or local law
 (other than pursuant to articles 14 and 15 of the retirement and  social
 security  law)  for  any member of a public retirement system or pension
 plan funded by the state or one of its political subdivisions, nor shall
 any amendment thereto affect  the  application  of  such  provisions  as
 extended  by  the provisions of section 480 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 amend the Retirement and Social Security Law (RSSL) to
   1. Eliminate certain eligibility requirements for awarding  accidental
 disability  benefits,  when the disability is related to diseases of the
 heart, for members in the New York State and Local Employees' Retirement
 System (NYSLERS) and the New  York  State  and  Local  Police  and  Fire
 Retirement  System  (NYSLPFRS).  Accidental disability benefits would be
 granted even where
   a. the member did not sustain an accident,
   b. the member's incapacitation is unrelated to any accident, or
   c. the member failed to provide notice thereof.
   The heart presumption could  continue  to  be  rebutted  by  competent
 evidence  that  the  disability is not the result of the performance and
 discharge of duty.
   2. Increase disability benefits payable  to  police  officers  in  the
 NYSLPFRS,  who  become  incapacitated  due  to diseases of the heart, by
 providing an accidental disability benefit equal to 75% of  salary  less
 workers'  compensation.  Currently,  police  officers are eligible for a
 performance-of-duty disability benefit equal to 50% of salary less work-
 ers' compensation.
   3. Increase the death benefits payable on behalf of a deceased  police
 officer in the NYSLPFRS, whose death results from diseases of the heart,
 by  providing  the  special  accidental death benefit equal to more than
 100% of salary less workers' compensation and social  security  benefits
 payable  to  an  eligible  beneficiary or beneficiaries.   Currently the
 death benefit would be the continuance afforded under  the  performance-
 of-duty disability retirement
   Insofar  as  this bill affects the New York State and Local Retirement
 System (NYSLRS), more  accidental  disability  benefits  and  accidental
 death  benefits  would  be granted. The cost of the revised benefit will
 depend upon the applicant's age, service, salary, plan and  any  benefit
 type  otherwise  payable. Further, we anticipate that the administrative
 costs to the NYSLRS,  required  to  process  applications  and  litigate
 anticipated disputes, will increase.
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   The  number  of  members  and  retirees  who could be affected by this
 legislation cannot be readily determined. However, every  active  member
 of  the  NYSLPFRS  will  be  covered,  as well as members of the NYSLERS
 including uniformed court officers and peace officers  employed  by  the
 Unified Court System and fire marshals employed by Nassau County.
   If this bill is enacted during the 2023 legislative session, we antic-
 ipate  that  there  will  be increases of approximately $1.2 million and
 $4.3 million in the annual contributions  to  the  NYSLERS  and  to  the
 NYSLPFRS,  respectively,  for  the  fiscal  year  ending March 31, 2024.
 These costs will be shared by the State of New York (the State),  Nassau
 County,  and  other  local  participating  employers  in the NYSLPFRS as
 follows:
 
 Employer                    payment to the   payment to the
                              NYSLERS          NYSLPFRS
 the State                   $1.2 million     $900,000
 Nassau County               $11,000
 all local participating
 employers in the NYSLPFRS                    $3.4 million
 
   In future years, these annual costs will vary as  the  salary  of  the
 affected members change.
   In addition to the annual contributions discussed above, there will be
 immediate past service costs of approximately $12.5 million and $111,000
 which  will  be  borne  by the State and Nassau County, respectively, as
 one-time payments. This estimate assumes that payment will  be  made  by
 the  State  and  Nassau  County  on  March 1, 2024 and February 1, 2024,
 respectively.
   Estimated costs arising in the NYSLERS are  based  on  6,287  affected
 members with annual salary of approximately $573 million as of March 31,
 2022.
   Estimated  costs  arising in the NYSLPFRS are based on 32,169 affected
 members with annual salary of approximately $3.88 billion  as  of  March
 31, 2022.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 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 February 24, 2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-73,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.