S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5713
 
                        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
   implementing a presumption of performance of duty disability for post-
   traumatic stress disorder in certain employees of Suffolk 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 605-g to read as follows:
   § 605-G. ACCIDENTAL DISABILITY RETIREMENT  FOR  CERTAIN  EMPLOYEES  IN
 SUFFOLK  COUNTY. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY MEMBER WHO SERVES  IN
 SUFFOLK COUNTY AS A PUBLIC SAFETY DISPATCHER I, PUBLIC SAFETY DISPATCHER
 II, PUBLIC SAFETY DISPATCHER III, INCLUDING SPANISH SPEAKING DISPATCHERS
 IN  SUCH  TITLES,  EMERGENCY  SERVICE  DISPATCHER  I,  EMERGENCY SERVICE
 DISPATCHER II,  EMERGENCY  SERVICE  DISPATCHER  III,  INCLUDING  SPANISH
 SPEAKING  DISPATCHERS  IN  SUCH  TITLES,  EMERGENCY  COMPLAINT OPERATOR,
 INCLUDING SPANISH SPEAKING OPERATORS IN SUCH TITLE, PUBLIC SAFETY  OFFI-
 CER  I,  PUBLIC  SAFETY OFFICER II, PUBLIC SAFETY OFFICER III, INCLUDING
 SPANISH SPEAKING OFFICERS IN SUCH TITLES, AND CASE WORKER OR CASE WORKER
 TRAINEE IN THE DEPARTMENT  OF  SOCIAL  SERVICES  FAMILY  AND  CHILDREN'S
 SERVICE  ADMINISTRATION,  CHILD PROTECTIVE SERVICES INVESTIGATING BUREAU
 AND CHILD PROTECTIVE PREVENTATIVE SERVICES BUREAU, WHO IS DIAGNOSED WITH
 POST-TRAUMATIC STRESS DISORDER, RESULTING IN DISABILITY OR DEATH TO SUCH
 MEMBER, 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  MEMBER  WAS  NOT  PREVIOUSLY  DIAGNOSED WITH POST-TRAUMATIC STRESS
 DISORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08379-02-3
              

 A. 5713                             2
 
   § 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 grant improved disability eligibility to any Tier 3,
 4, 5 or 6 member of the New York State and Local  Employees'  Retirement
 System  (NYSLERS)  employed  by  any municipality within Suffolk County,
 including Suffolk County itself, in the title of
   1. public safety dispatcher,
   2. public safety officer,
   3. emergency complaint operator,
   4. emergency service dispatcher, or
   5. case worker with the Department of Social Services.
   For any member so employed who is diagnosed with post-traumatic stress
 disorder, resulting in disability, such diagnosis shall be considered as
 presumptive evidence that the disability was incurred in the performance
 of the member's duties and the result of an accident, unless the contra-
 ry be proven by competent evidence and provided no  such  diagnosis  was
 made  prior  to  employment  with  Suffolk County. The annual accidental
 disability benefit for these members would be 1/3 of final average sala-
 ry (FAS). Currently, in order to receive a disability benefit of 1/3  of
 FAS, members must have at least ten years of service.
   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 "accidental". The cost will depend upon the
 applicant's age, service, and salary. It is estimated that the  per-per-
 son cost will be up to five and one half (5.5) times 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. 2023-98, prepared by
 the Actuary for the New York State and Local Retirement System.