S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8725
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   disability retirement benefits for the presumption of cancer affecting
   the endocrine and thyroid systems and Parkinson's Disease for  certain
   firefighters

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 63-h of the retirement and social security law,  as
 added by chapter 533 of the laws of 2021, is amended to read as follows:
   §  63-h.  Certain impairments of health; presumption. a. Any member of
 the retirement system employed by the division  of  military  and  naval
 affairs  shall  be eligible to retire pursuant to the provisions of this
 section if [he or she] SUCH MEMBER is an airport firefighter apprentice,
 airport firefighter I, airport firefighter II, airport  firefighter  III
 or training and safety officer.
   b.  Notwithstanding any provision of this chapter or of any general or
 special law to the contrary,  any  condition  of  impairment  of  health
 caused  by:  (1)  diseases of the heart; or (2) any (i) melanoma or (ii)
 condition of cancer affecting the lymphatic,  digestive,  hematological,
 urinary,  neurological,  breast,  reproductive,  ENDOCRINE,  THYROID, or
 prostate systems resulting in disability to a  member  covered  by  this
 section, presently employed, who successfully passed a physical examina-
 tion on entry into service as an airport firefighter apprentice, airport
 firefighter I, airport firefighter II, airport firefighter III or train-
 ing  and  safety  officer which examination failed to reveal evidence of
 any disease or other impairment of the heart or such melanoma or  condi-
 tion, shall be presumptive evidence that it was incurred in the perform-
 ance  and  discharge of duty, unless the contrary be proven by competent
 evidence and shall be paid a performance of duty  disability  retirement

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09941-04-5
 A. 8725                             2
              

 
 allowance equal to that which is provided in section sixty-three of this
 title, subject to the provisions of section sixty-four of this title.
   c.  Notwithstanding any provision of this chapter or of any general or
 special law to the contrary,  any  condition  of  impairment  of  health
 caused  by  diseases  of  the  lung, resulting in disability to a member
 covered by this section, presently employed, who successfully  passed  a
 physical  examination  on  entry  into service as an airport firefighter
 apprentice, airport firefighter I, airport firefighter II, airport fire-
 fighter III or training and safety officer, which examination failed  to
 disclose  evidence of any disease or other impairment of the lung, shall
 be presumptive evidence that it was  incurred  in  the  performance  and
 discharge  of  duty, unless the contrary be proven by competent evidence
 and shall be paid a performance of duty disability retirement  allowance
 equal  to  that  which is provided in section sixty-three of this title,
 subject to the provisions of section sixty-four of this title.
   d. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
 SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OF IMPAIRMENT OF HEALTH
 CAUSED BY PARKINSON'S DISEASE RESULTING IN TOTAL OR  PARTIAL  DISABILITY
 OR  DEATH  TO  A MEMBER COVERED BY THIS SECTION, PRESENTLY EMPLOYED, WHO
 SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE  AS  AN
 AIRPORT  FIREFIGHTER  APPRENTICE,  AIRPORT  FIREFIGHTER I, AIRPORT FIRE-
 FIGHTER II, AIRPORT FIREFIGHTER III  OR  TRAINING  AND  SAFETY  OFFICER,
 WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH CONDITION, SHALL
 BE  PRESUMPTIVE  EVIDENCE  THAT  IT  WAS INCURRED IN THE PERFORMANCE AND
 DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVEN BY  COMPETENT  EVIDENCE
 AND  SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE
 EQUAL TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE  OF  THIS  TITLE,
 SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS TITLE.
   E.  After  the filing of an application such member shall be given one
 or more medical examinations. If the  comptroller  determines  that  the
 member  is  physically  or mentally incapacitated for the performance of
 duty and ought to be retired for performance of  duty  disability,  such
 member  shall  be so retired. Such retirement shall be effective as of a
 date approved by the comptroller.
   [e.] F. If the member, at the time of the filing of such  application,
 is  eligible  for  a service retirement benefit, then and in that event,
 such member may simultaneously file an application for  service  retire-
 ment,  provided that the member indicates on the application for service
 retirement that such application  is  filed  without  prejudice  to  the
 application for performance of duty disability retirement.
   § 2. Section 607-k of the retirement and social security law, as added
 by chapter 533 of the laws of 2021, is amended to read as follows:
   §  607-k. Certain impairments of health; presumption. a. Any member of
 the retirement system employed by the division  of  military  and  naval
 affairs  shall  be eligible to retire pursuant to the provisions of this
 section if [he or she] SUCH MEMBER is an airport firefighter apprentice,
 airport firefighter I, airport firefighter II, airport  firefighter  III
 or training and safety officer.
   b.  Notwithstanding any provision of this chapter or of any general or
 special law to the contrary,  any  condition  of  impairment  of  health
 caused  by:  (1)  diseases of the heart; or (2) any (i) melanoma or (ii)
 condition of cancer affecting the lymphatic,  digestive,  hematological,
 urinary,  neurological,  breast,  reproductive,  ENDOCRINE,  THYROID, or
 prostate systems resulting in disability to a  member  covered  by  this
 section, presently employed, who successfully passed a physical examina-
 tion on entry into service as an airport firefighter apprentice, airport
 A. 8725                             3
 
 firefighter I, airport firefighter II, airport firefighter III or train-
 ing  and  safety  officer which examination failed to reveal evidence of
 any disease or other impairment of the heart or such melanoma or  condi-
 tion, shall be presumptive evidence that it was incurred in the perform-
 ance  and  discharge of duty, unless the contrary be proven by competent
 evidence and shall be paid a performance of duty  disability  retirement
 allowance equal to that which is provided in section sixty-three of this
 chapter,  subject  to  the provisions of sections sixty-three and sixty-
 four of this chapter.
   c. Notwithstanding any provision of this chapter or of any general  or
 special  law  to  the  contrary,  any  condition of impairment of health
 caused by diseases of the lung, resulting  in  disability  to  a  member
 covered  by  this section, presently employed, who successfully passed a
 physical examination on entry into service  as  an  airport  firefighter
 apprentice, airport firefighter I, airport firefighter II, airport fire-
 fighter  III or training and safety officer, which examination failed to
 disclose evidence of any disease or other impairment of the lung,  shall
 be  presumptive  evidence  that  it  was incurred in the performance and
 discharge of duty, unless the contrary be proven by  competent  evidence
 and  shall be paid a performance of duty disability retirement allowance
 equal to that which is provided in section sixty-three of this  chapter,
 subject to the provisions of section sixty-four of this chapter.
   d.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
 SPECIAL LAW TO THE CONTRARY,  ANY  CONDITION  OF  IMPAIRMENT  OF  HEALTH
 CAUSED  BY  PARKINSON'S DISEASE RESULTING IN TOTAL OR PARTIAL DISABILITY
 OR DEATH TO A MEMBER COVERED BY THIS SECTION,  PRESENTLY  EMPLOYED,  WHO
 SUCCESSFULLY  PASSED  A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS AN
 AIRPORT FIREFIGHTER APPRENTICE, AIRPORT  FIREFIGHTER  I,  AIRPORT  FIRE-
 FIGHTER  II,  AIRPORT  FIREFIGHTER  III  OR TRAINING AND SAFETY OFFICER,
 WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH CONDITION, SHALL
 BE PRESUMPTIVE EVIDENCE THAT IT WAS  INCURRED  IN  THE  PERFORMANCE  AND
 DISCHARGE  OF  DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE
 AND SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT  ALLOWANCE
 EQUAL  TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER,
 SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
   E. After the filing of an application such member shall be  given  one
 or  more  medical  examinations.  If the comptroller determines that the
 member is physically or mentally incapacitated for  the  performance  of
 duty  and  ought  to be retired for performance of duty disability, such
 member shall be so retired. Such retirement shall be effective as  of  a
 date approved by the comptroller.
   [e.]  F. If the member, at the time of the filing of such application,
 is eligible for a service retirement benefit, then and  in  that  event,
 such  member  may simultaneously file an application for service retire-
 ment, provided that the member indicates on the application for  service
 retirement  that  such  application  is  filed  without prejudice to the
 application for performance of duty disability retirement.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill  would  provide  an  accidental  disability  presumption  to
 airport firefighters who contract cancer affecting the endocrine/thyroid
 system  or impairments of health related to Parkinson's Disease, result-
 ing in disability or death.
   Insofar as this bill affects the New York State and  Local  Employees'
 Retirement  System  (NYSLERS), this legislation would lead to more disa-
 bilities and deaths being classified  as  "accidental."  The  cost  will
 A. 8725                             4
 
 depend  upon the applicant's age, service, salary, plan, and any benefit
 type otherwise payable.
 
 Benefit prior   None    Ordinary   Perf. of    Service    Ordinary
 to enactment             Disab.      Duty     Retirement    Death
 
 NYSLERS cost  10 times  5.5 times  3 times     2 times   4.5 times
 of proposal:   salary    salary     salary      salary     salary
 
   Further,  we  anticipate  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 NYSLERS.
   Summary of relevant resources:
   Membership  data as of March 31, 2024 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024 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, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 15, 2025, and intended for use only during
 the 2025 Legislative Session, is Fiscal Note No.  2025-151.    As  Chief
 Actuary  of  the  New  York  State and Local Retirement System, I, Aaron
 Schottin Young, hereby certify that this analysis complies with applica-
 ble 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.