S T A T E O F N E W Y O R K
________________________________________________________________________
5712
2023-2024 Regular Sessions
I N A S S E M B L Y
March 22, 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
establishing disability retirement benefits for correction officers,
correction supervisors, deputy sheriff patrols and deputy sheriff
patrol supervisors who suffer any condition or impairment of health
caused by methicillin resistant staphylococcus aureus (MRSA) or
Staph/MRSA
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 CORRECTION OFFICERS, CORRECTION
SUPERVISORS, DEPUTY SHERIFF PATROLS AND DEPUTY SHERIFF PATROL SUPERVI-
SORS. A. A MEMBER EMPLOYED AS A CORRECTION OFFICER, CORRECTION SUPERVI-
SOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SHALL BE
ENTITLED TO A DISABILITY RETIREMENT ALLOWANCE, IF, AT THE TIME APPLICA-
TION THEREFOR IS FILED, SUCH MEMBER IS PHYSICALLY INCAPACITATED FOR
PERFORMANCE OF DUTY AS A RESULT OF METHICILLIN RESISTANT STAPHYLOCOCCUS
AUREUS (MRSA) OR STAPH/MRSA WHILE SO EMPLOYED AND AS A RESULT OF HIS OR
HER EMPLOYMENT.
B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY CORRECTION OFFICER, CORRECTION
SUPERVISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR
WHO IS DIAGNOSED WITH METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)
OR STAPH/MRSA, RESULTING IN DISABILITY TO SUCH MEMBER, 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; PROVIDED, HOWEVER, THAT
PRIOR TO ENTRY INTO SERVICE, SUCH CORRECTION OFFICER, CORRECTION SUPER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08376-02-3
A. 5712 2
VISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR
SUCCESSFULLY PASSED A PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE
EVIDENCE OF ANY METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA) OR
STAPH/MRSA.
C. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE SHALL BE EQUAL TO THREE-
QUARTERS OF HIS OR HER FINAL AVERAGE SALARY.
§ 2. 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.
§ 3. 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 a performance of duty disability benefit of 75%
of final average salary if they are disabled due to job-related
contraction of methicillin resistant staphylococcus aureus (MRSA) or
Staph/MRSA. There will be no reduction for any benefits received under
Workers' Compensation.
Insofar as this bill would affect the NYSLERS, if this legislation is
enacted during the 2023 legislative session, it would lead to more disa-
bilities being classified as "in performance of duty". The cost will
depend upon the applicant's age, service, salary, plan, and any benefit
type otherwise payable.
Benefit without None Ordinary Performance of Service
enactment: Disability Duty Disability
Cost for proposed 11 times 6 times 3.5 times 3 times
benefit: salary salary salary salary
All costs will be shared by the State of New York and all local
participating employers in the NYSLERS.
The exact number of current members as well as future members who
could be affected by this legislation cannot be readily determined.
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 March 10, 2023, and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-97, prepared by
the Actuary for the New York State and Local Retirement System.