S T A T E O F N E W Y O R K
________________________________________________________________________
5205--B
2023-2024 Regular Sessions
I N A S S E M B L Y
March 6, 2023
___________
Introduced by M. of A. PHEFFER AMATO, COLTON, SANTABARBARA, GUNTHER --
read once and referred to the Committee on Governmental Employees --
recommitted to the Committee on Governmental Employees in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to
providing a lung disease presumption for correction officers,
correction supervisors, deputy sheriff patrol or deputy sheriff patrol
supervisors
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-j to read as follows:
§ 63-J. 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 CORRECTION OFFICER, CORRECTION SUPERVISOR,
DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR WHO IS A
MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM AND
CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF
THE LUNG, RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER,
CORRECTION SUPERVISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL
SUPERVISOR, PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH DISA-
BILITY WHILE SO EMPLOYED, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH DISA-
BILITY 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 CORRECTION OFFICER, CORRECTION SUPERVISOR, DEPUTY
SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08362-08-4
A. 5205--B 2
PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE LUNG.
§ 2. The retirement and social security law is amended by adding a new
section 605-h to read as follows:
§ 605-H. 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 CORRECTION OFFICER, CORRECTION SUPER-
VISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR WHO IS
A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
AND CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES
OF THE LUNG, RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFI-
CER, CORRECTION SUPERVISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF
PATROL SUPERVISOR, 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 CORRECTION OFFICER, CORRECTION SUPERVISOR, DEPUTY
SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE LUNG.
§ 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 (NYSLERS) employed as correction officers,
correction supervisors, deputy sheriff patrol, or deputy sheriff patrol
supervisors to receive an accidental disability benefit if the member is
impaired due to a condition of the lung as a result of an accident, in
the performance of their duties, unless the contrary be proven by compe-
tent evidence. For members in Tiers 1 and 2, the annual benefit would be
3/4 of final average salary (FAS) less Workers' Compensation. For
members in Tiers 3-6 who are covered under the provisions of Article
14-B of the Retirement and Social Security Law (RSSL), the annual bene-
fit would be 2/3 of FAS less Workers' Compensation. For all other
affected members in Tiers 3-6, the annual benefit would be 1/3 of FAS.
The provisions of Section 25 of the RSSL will not apply.
Insofar as this bill affects the NYSLERS, if this legislation is
enacted during the 2024 Legislative Session, it would likely lead to
more disabilities being classified as "accidental." The cost of the
revised benefit will depend upon the applicant's age, service, salary,
plan, and any benefit type otherwise payable but would average:
Benefit prior Ordinary Performance Service
to enactment: None Disability of Duty Retirement
NYSLERS cost for 10 times 5.5 times 3 times 2 times
proposed benefit: salary salary salary salary
Further, we anticipate that there could be some administrative costs
to implement the provisions of this legislation.
All costs arising from this bill would be shared by the State of New
York and all the participating employers in the NYSLERS.
Summary of relevant resources:
A. 5205--B 3
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
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, 2023
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 31, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-31,
prepared by the Actuary for the New York State and Local Retirement
System.