S T A T E O F N E W Y O R K
________________________________________________________________________
9645--A
I N A S S E M B L Y
March 27, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the retirement and social security law, in relation to
disability benefits for certain individuals employed by the Nassau
county police department
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. CERTAIN IMPAIRMENT OF HEALTH; PRESUMPTION. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER OR ANY GENERAL OR SPECIAL LAW TO THE CONTRARY,
ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART,
RESULTING IN THE DISABILITY OR DEATH TO A MEMBER WHO SERVES AS AN AMBU-
LANCE MEDICAL TECHNICIAN, AMBULANCE MEDICAL COORDINATOR, AMBULANCE
MEDICAL TECHNICIAN/SUPERVISOR OR A MEMBER WHO PERFORMS AMBULANCE MEDICAL
TECHNICIAN RELATED SERVICES, OR A POLICE MEDIC, POLICE MEDIC COORDINA-
TOR, POLICE MEDIC SUPERVISOR, BUREAU DIRECTOR POLICE EMERGENCY AMBULANCE
SERVICES - COUNTY, ASSISTANT BUREAU DIRECTOR POLICE EMERGENCY AMBULANCE
SERVICES - COUNTY, OR A MEMBER WHO PERFORMS POLICE MEDIC OR POLICE EMER-
GENCY AMBULANCE RELATED SERVICES AND IS EMPLOYED IN THE NASSAU COUNTY
POLICE DEPARTMENT, PRESENTLY EMPLOYED AND WHO SHALL HAVE SUSTAINED SUCH
DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY PASSED A PHYSICAL EXAM-
INATION ON ENTRY INTO SERVICE AS A MEMBER COVERED BY THIS SECTION, WHICH
EXAMINATION FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR-
MENT OF THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN
THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS THE CONTRARY CAN BE PROVED
BY COMPETENT EVIDENCE.
§ 2. The retirement and social security law is amended by adding a new
section 607-m to read as follows:
§ 607-M. CERTAIN IMPAIRMENT OF HEALTH; PRESUMPTION. NOTWITHSTANDING
ANY PROVISION OF THIS CHAPTER OR ANY GENERAL OR SPECIAL LAW TO THE
CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14101-04-4
A. 9645--A 2
THE HEART, RESULTING IN THE DISABILITY OR DEATH TO A MEMBER WHO SERVES
AS AN AMBULANCE MEDICAL TECHNICIAN, AMBULANCE MEDICAL COORDINATOR, AMBU-
LANCE MEDICAL TECHNICIAN/SUPERVISOR OR A MEMBER WHO PERFORMS AMBULANCE
MEDICAL TECHNICIAN RELATED SERVICES, OR A POLICE MEDIC, POLICE MEDIC
COORDINATOR, POLICE MEDIC SUPERVISOR, BUREAU DIRECTOR POLICE EMERGENCY
AMBULANCE SERVICES - COUNTY, ASSISTANT BUREAU DIRECTOR POLICE EMERGENCY
AMBULANCE SERVICES - COUNTY, OR A MEMBER WHO PERFORMS POLICE MEDIC OR
POLICE EMERGENCY AMBULANCE RELATED SERVICES AND IS EMPLOYED IN THE
NASSAU COUNTY POLICE DEPARTMENT, PRESENTLY EMPLOYED AND WHO SHALL HAVE
SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY PASSED A
PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS A MEMBER COVERED BY THIS
SECTION, WHICH EXAMINATION FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS
INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS THE CONTRARY
CAN BE PROVED BY COMPETENT EVIDENCE.
§ 3. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to the appropriation
requirement of section 25 of the retirement and social security law.
§ 4. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
§ 5. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow certain members who are employed in the Nassau
County police department who perform police medic or police emergency
ambulance related services to receive a performance of duty disability
benefit if the member is impaired due to a condition of the heart, which
shall be presumed to have been incurred in the performance of their
duties, unless the contrary be proven by competent evidence. Such
presumption will benefit the members who currently have the 50% of final
average salary benefit available pursuant to Section 607-j of the
Retirement and Social Security Law (RSSL).
If this legislation is enacted during the 2024 Legislative Session, it
would likely lead to more disabilities being classified as "in perform-
ance of duty."
We anticipate that there will be a total increase of approximately
$27,000 in the annual contributions of Nassau County for the fiscal year
ending March 31, 2025. In future years this cost will vary as the bill-
ing rates and salary of the affected members change, but is expected to
average 0.2% of salary annually.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $48,200 which will be
borne by Nassau County. This estimate assumes that payment will be made
on February 1, 2025.
Further, we anticipate that there could be some administrative costs
to implement the provisions of this legislation.
These estimated costs are based on 110 affected members employed by
Nassau County, with annual salary of approximately $15 million as of
March 31, 2023.
Summary of relevant resources:
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
A. 9645--A 3
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 May 23, 2024, and intended for use only during
the 2024 Legislative Session, is Fiscal Note No. 2024-193, prepared by
the Actuary for the New York State and Local Retirement System.