Assembly Bill A11261

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11261
 
                           I N  A S S E M B L Y
 
                                May 4, 2026
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   eligibility  for  accidental disability benefits under the heart bill;
   and providing for the repeal of such provisions upon expiration there-
   of

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 809 of the retirement and social security law is
 amended by adding a new subdivision d to read as follows:
    D. (I) A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
 SYSTEM OR THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM
 WHO RETIRED FROM SERVICE ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-ONE  BUT  BEFORE  THE EFFECTIVE DATE OF THIS SUBDIVISION, AND TO WHOM
 THIS SECTION OTHERWISE WOULD HAVE BEEN APPLICABLE, MAY SUBMIT AN  APPLI-
 CATION  FOR  AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE THAT IS BASED
 ON A PERMANENT INCAPACITY CAUSED BY A DISEASE OF THE HEART FOR A  PERIOD
 OF  ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION. NO APPLICATION
 FILED AFTER THE EXPIRATION OF SUCH ONE-YEAR PERIOD  SHALL  BE  ACCEPTED.
 NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO REVIVE, REOPEN, OR
 EXTEND THE FILING PERIOD FOR ANY MEMBER WHO  RETIRED  PRIOR  TO  JANUARY
 FIRST, TWO THOUSAND TWENTY-ONE.
   (II)  ANY  CHANGE IN THE RETIREMENT STATUS OF A MEMBER OR BENEFITS DUE
 SUCH MEMBER OR THE MEMBER'S BENEFICIARIES SHALL BE PROSPECTIVE ONLY FROM
 THE DATE OF SUBMISSION OF THE APPLICATION.
   § 2. Subdivision 2 of section 363-a of the retirement and social secu-
 rity law, as amended by section 1 of part LL of chapter 55 of  the  laws
 of 2023, is amended to read as follows:
   2.  (A) Notwithstanding any provision of this chapter or of any gener-
 al, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14507-03-6
 A. 11261                            2
 
 and the natural and proximate result of an accident, unless the contrary
 be proved by competent evidence.
   (B)  FOR  PURPOSES  OF  THIS  SUBDIVISION, A POLICE OFFICER WHO IS NOT
 PRESENTLY EMPLOYED SHALL BE ELIGIBLE TO APPLY FOR ACCIDENTAL  DISABILITY
 RETIREMENT  BENEFITS  BASED UPON DISEASES OF THE HEART ONLY AS EXPRESSLY
 PROVIDED IN SUBDIVISION D OF SECTION EIGHT HUNDRED NINE OF THIS CHAPTER.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed three hundred sixty-six days after it shall have become
 a law.  Such expiration and repeal shall  not  affect  any  applications
 filed  prior  to the date of such expiration in accordance with subdivi-
 sion d of section 809 of the retirement and social security law as added
 by section one of this act.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow service retirees  to  apply  for  an  accidental
 disability  benefit under section 809 of the retirement and social secu-
 rity law, which provides benefits for  heart  disease.  They  must  have
 retired  on  or  after  January 1, 2021. If approved, increased benefits
 will only be paid prospectively, commencing on the date of application.
   Insofar as this bill affects the New York State and  Local  Retirement
 System  (NYSLRS),  there  are  89  benefiting retirees collecting annual
 pension payments of approximately  $16  million.  Should  these  members
 apply  and  be  approved for a 75% accidental disability benefit, annual
 pension payments would increase $2.8 million, generating a past  service
 cost  of  $30  million.  The  cost  will  be shared by the participating
 employers in NYSLRS and spread over future billing cycles.
   The number of future retirees who could be  affected  by  this  legis-
 lation  cannot  be readily determined. The cost of each additional acci-
 dental disability benefit approved will depend upon the applicant's age,
 service, salary, and plan, but is expected  to  average  2.5  times  the
 member's  compensation.  All  future costs will be borne by the state of
 New York and local participating employers in NYSLRS.
   Summary of relevant resources:
   Membership data as of March 31, 2025 was used to measure the impact of
 the bill, the same data used in the Actuarial Valuations dated April  1,
 2025. Distributions and other statistics can be found in the 2025 Report
 of  the  Actuary and the 2025 Annual Comprehensive Financial Report. The
 actuarial assumptions and methods used are described in the 2025  Annual
 Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
 and  Regulations  of  the State of New York: Audit and Control. The fair
 value of assets and GASB disclosures can be found in the 2025  Financial
 Statements and Supplementary Information.
   Assumptions,  demographics,  and  other  considerations  may have been
 modified to better reflect specific provisions of any  proposed  benefit
 change(s).
   This  fiscal note does not constitute a legal opinion on the viability
 of the bill, nor is it intended to serve as a substitute for the profes-
 sional judgment of an attorney.
   This estimate, dated April 8, 2026, and intended for use  only  during
 the  2026  Legislative Session, is Fiscal Note Number 2026-152. As Chief
 Actuary of the New York State and Local Retirement System  (NYSLRS),  I,
 Aaron  Schottin  Young,  hereby certify that this analysis complies with
 applicable Actuarial Standards of  Practice  as  well  as  the  Code  of
 Professional  Conduct  and Qualification Standards for Actuaries Issuing
 Statements of Actuarial Opinion of the American Academy of Actuaries, of
 which I am a member. I am a member of  NYSLRS  but  do  not  believe  it
 impairs my objectivity.