S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8797
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2025
                                ___________
 
 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
   providing  a heart disease presumption for certain members employed by
   the Triborough bridge and tunnel authority

   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 607-m to read as follows:
   §  607-M.  DISABILITIES  OF  TRIBOROUGH  BRIDGE  AND TUNNEL MEMBERS IN
 CERTAIN CASES. 1. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL
 OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, BUT EXCEPT FOR  THE
 PURPOSES  OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, ANY CONDI-
 TION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART,  RESULTING
 IN  TOTAL  OR  PARTIAL  DISABILITY  OR DEATH TO A MEMBER EMPLOYED BY THE
 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AS A BRIDGE AND  TUNNEL  OFFICER,
 SERGEANT  OR  LIEUTENANT  IN  A  NON-MANAGERIAL  POSITION OR ANY RETIRED
 MEMBER OF SUCH AUTHORITY WHO HAS BEEN RETIRED DIRECTLY FROM SERVICE AS A
 BRIDGE AND TUNNEL OFFICER, SERGEANT OR LIEUTENANT  IN  A  NON-MANAGERIAL
 POSITION  FOR  FIVE  OR  LESS  YEARS, WHO SUCCESSFULLY PASSED A PHYSICAL
 EXAMINATION ON ENTRY INTO SUCH  SERVICE  OR  SUBSEQUENT  THERETO,  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 PROVED BY COMPETENT EVIDENCE.
   2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, A MEMBER EMPLOYED BY
 THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AS A BRIDGE AND TUNNEL  OFFI-
 CER, SERGEANT OR LIEUTENANT IN A NON-MANAGERIAL POSITION RETIRING PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL RECEIVE A
 PENSION  EQUAL  TO  THREE-FOURTHS  OF  THEIR FINAL AVERAGE SALARY, AND A
 RETIRED MEMBER OF SUCH AUTHORITY WHO  HAS  BEEN  RETIRED  DIRECTLY  FROM
 SERVICE  AS  A  BRIDGE  AND  TUNNEL OFFICER, SERGEANT OR LIEUTENANT IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07104-03-5
              

 A. 8797                             2
 
 NON-MANAGERIAL POSITION FOR FIVE OR LESS YEARS AND WOULD HAVE BEEN  ABLE
 TO  RETIRE PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
 IF SUCH SUBDIVISION HAD BEEN IN  FORCE  AT  THE  TIME  OF  SUCH  RETIRED
 MEMBER'S  RETIREMENT,  SHALL  BE  ENTITLED TO RECEIVE A PENSION EQUAL TO
 THREE-FOURTHS OF THEIR FINAL  AVERAGE  SALARY  AND  HAVE  THEIR  PENSION
 RECALCULATED  COMMENCING  WITH  THE  LATER OF THE EFFECTIVE DATE OF THIS
 SECTION OR THE FIRST DAY THAT DISEASES OF THE HEART RESULTED IN THE FULL
 OR PARTIAL DISABILITY OF SUCH RETIRED MEMBER.
   §  2.  All  past  service  costs  associated  with  implementing   the
 provisions of this act shall be borne by the city of New York.
   § 3. Notwithstanding any 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. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation would provide to certain active and
 retired  NYCERS  Tier  4  and  6  Triborough Bridge and Tunnel Authority
 (TBTA) officers a rebuttable statutory  presumption  that  a  qualifying
 disability  or  death  related  to  heart  disease  was  incurred in the
 performance of duty and provide a performance of duty disability benefit
 equal to 75% of the member's Final Average Salary.
 
       ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
          by Fiscal Year for the first 25 years ($ in Thousands)
 
                     One Incident        One Incident Per Year
 Year        Disability      Death     Disability      Death
 2026                 60         223           60         223
 2027                 60         223           122        453
 2028                 60         223           185        689
 2029                 60         223           251        933
 2030                 60         223           318        1,184
 2031                 60         223           388        1,442
 2032                 60         223           459        1,709
 2033                 60         223           533        1,983
 2034                 60         223           609        2,265
 2035                 60         223           687        2,556
 2036                 60         223           768        2,856
 2037                 60         223           851        3,165
 2038                 60         223           937        3,483
 2039                 60         223           1,025      3,810
 2040                 0          0             1,055      3,924
 2041                 0          0             1,087      4,042
 2042                 0          0             1,120      4,163
 2043                 0          0             1,153      4,288
 2044                 0          0             1,188      4,417
 2045                 0          0             1,223      4,550
 2046                 0          0             1,260      4,686
 2047                 0          0             1,298      4,827
 2048                 0          0             1,337      4,971
 2049                 0          0             1,377      5,121
 2050                 0          0             1,418      5,274
    Employer contribution impact beyond Fiscal Year 2050 is not shown.
 A. 8797                             3

   While the past service costs would normally be borne by the TBTA, the
 proposed legislation assigns such costs to the City of New York.
   PRESENT  VALUE  OF  BENEFITS:  The  Present  Value  of Benefits is the
 discounted expected value of benefits paid to  current  members  if  all
 assumptions are met, including future service accrual and pay increases.
 Future new hires are not included in this present value.
 
          INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                   as of June 30, 2024 ($ in Thousands)
 Present Value (PV)                 Per Disability      Per Death
 (1) PV of Employer Contributions:        507           1,885
 (2) PV of Employee Contributions:         (4)              0
 Total PV of Benefits (1) + (2):          503           1,885
 
   UNFUNDED  ACCRUED  LIABILITY  (UAL): Actuarial Accrued Liabilities are
 the portion of the Present Value of Benefits allocated to past  service.
 Changes in UAL per incident would be recognized as ongoing gain/loss.
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 Recognized as Ongoing Gain/Loss    Per Disability      Per Death
 Increase (Decrease) in UAL:        507 K               1,885 K
 Number of Payments:                14                  14
 Amortization Payment:              60 K                223 K
 
   CENSUS DATA: The number of members who will benefit in the future from
 this proposed legislation is unknown. The estimates presented herein are
 based  on  preliminary  census  data  collected as of June 30, 2024. The
 census data for the potentially impacted population used to develop  the
 average costs is summarized below.
                                                        NYCERS
             Active Members
             - Number Count:                            161
             - Average Age:                             48.8
             - Average Service:                         18.3
             - Average Salary:                          134,700
             Receiving Members (within five years of retirement)
             - Number Count: 218
             - Average Age: 57.7
 
   IMPACT  ON MEMBER BENEFITS: Currently, active Tier 4 or Tier 6 members
 of NYCERS, who are employed as TBTA officers and become disabled due  to
 heart  disease  would  generally  be eligible for an applicable ordinary
 disability retirement benefit after attaining 10 years of  service.  The
 disability benefit is a lifetime payment equal to the greatest of 1/3 of
 Final  Average Salary (FAS), 1/60th of FAS times service, or the service
 retirement benefit, if eligible.
   Under the proposed legislation, the  performance  of  duty  disability
 benefit  for Tier 4 or Tier 6 NYCERS TBTA officers who are disabled from
 heart disease would be equal to 75% of FAS without an offset  for  Work-
 ers' Compensation.
   The  ordinary  death  benefit  for  NYCERS TBTA officers is a lump sum
 payment generally equal to three times the member's salary plus a return
 of member contributions.
   The performance of duty death benefit would generally be  equal  to  a
 lifetime  benefit of 50% of a member's wages earned during the last year
 A. 8797                             4
 
 of service, plus, if applicable, the Special  Accidental  Death  Benefit
 payable under General Municipal Law section 208-f.
   ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
 calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
 of the impacted retirement systems.
   The  number  of  members and eligible retirees who will benefit in the
 future from this proposed legislation  is  unknown.  The  cost  of  this
 proposed  legislation  could  vary  greatly  depending  on the number of
 future members who benefit and on their  length  of  service,  age,  and
 salary  history.  In  particular,  the  increase  would be greater for a
 member who is not yet eligible for an ordinary disability  benefit  when
 disabled.
   The  estimated  financial  impact for disabled members has been calcu-
 lated assuming 50% would have retired under the current  ordinary  disa-
 bility  benefit,  and  50%  would have continued working if the proposed
 legislation were not passed.
   RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
 highly  on  the  actuarial  assumptions, methods, and models used, demo-
 graphics of the impacted population, and other factors such  as  invest-
 ment,  contribution, and other risks. If actual experience deviates from
 actuarial  assumptions,  the  actual  costs  could  differ  from   those
 presented  herein.  Quantifying  these risks is beyond the scope of this
 Fiscal Note.
   This Fiscal Note is intended to measure  pension-related  impacts  and
 does  not  include other potential costs (e.g., administrative and Other
 Postemployment Benefits). This Fiscal Note does not reflect any  chapter
 laws that may have been enacted during the current legislative session.
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky  are members of the Society of Actuaries and the American Academy of
 Actuaries. We are members of NYCERS, but do not believe it  impairs  our
 objectivity,  and  we  meet  the Qualification Standards of the American
 Academy of Actuaries to render the actuarial opinion  contained  herein.
 To  the  best  of  our knowledge, the results contained herein have been
 prepared in accordance with generally accepted actuarial principles  and
 procedures  and  with  the Actuarial Standards of Practice issued by the
 Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note  2025-72  dated  May  23,
 2025  was prepared by the Chief Actuary for the New York City Retirement
 Systems and Pension Funds and is intended for use only during  the  2025
 Legislative Session.