NY State Senate Bill 2025-S7534

Senate Bill S7534

2025-2026 Legislative Session

Relates to disability retirement benefits for the presumption of amyotrophic lateral sclerosis for paid members of a fire department in a city with a population of one million or more

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2025	referred to civil service and pensions

2025-S7534 (ACTIVE) - Details

See Assembly Version of this Bill:: A8229
Current Committee:: Senate Civil Service And Pensions
Law Section:: General Municipal Law
Laws Affected:: Add §207-r, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S9594, A10511

2025-S7534 (ACTIVE) - Summary

Provides a performance of duty presumption for amyotrophic lateral sclerosis for paid members of a fire department in a city with a population of one million or more.

2025-S7534 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7534

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to disability
retirement benefits for the presumption of amyotrophic lateral sclerosis
for paid members of a fire department in a city with a population of one
million or more

 
PURPOSE:

This bill establishes a presumption with respect to Amyotrophic Lateral
Sclerosis ("ALS"), also known as "Lou Gehrig's Disease, that
results in death or disability for paid members of the Fire Department
in the New York City Fire Department Pension Fund.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 2074 to the General Municipal Law to estab-
lish that for any paid member of a fire department in a city of one
million or more, or for a paid member in such department who has been

retired five years or less, and has any condition of impairment of
health caused by Amyotrophic Lateral Sclerosis that was not present at
the time of entry, such diagnosis shall be presumptive evidence of the
illness being sustained in the performance of duties.

Section 2 provides that the New York City Fire Department Pension Fund
shall implement the intent of section 1 in providing disability retire-
ment benefits for members who qualify under this bill.

Section 3 establishes an immediate effective date.

 
JUSTIFICATION:

This bill would recognize the scientific link between Amyotrophic
Lateral Sclerosis ("ALS"), which is a fatal, nervous system disease that
affects the brain and spinal cord. and the occupational hazards of the
profession of firefighting.

There is compelling evidence that a Firefighter& 39;s exposure to neuro-
toxins, chemicals and environmental elements in the line of duty is a
contributing factor to the development of neurodegenerative diseases,
including ALS. Firefighters are exposed to toxic materials and
substances, including combustion byproducts, pesticides and heavy
metals, which have been determined to be associated with an increased
risk of ALS.

Enacting a presumption that a diagnosis of ALS, in active or retired
firefighters, is caused in the performance of their duties, would ensure
that these brave public servants receive the support and compensation
they deserve to address their healthcare needs appropriately.

 
LEGISLATIVE HISTORY:

2023-2024: S9594 - Referred to Civil Service and Pensions/A10511
Referred to Governmental Employees

 
FISCAL IMPLICATIONS:
See fiscal note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7534 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7534
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the general municipal law,  in  relation  to  disability
   retirement benefits for the presumption of amyotrophic lateral sclero-
   sis  for paid members of a fire department in a city with a population
   of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 207-r to read as follows:
   §  207-R.  DISABILITIES  CAUSED  BY  AMYOTROPHIC  LATERAL   SCLEROSIS.
 NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS CHAPTER TO THE CONTRARY,
 ANY CONDITION OF IMPAIRMENT OF  HEALTH  CAUSED  BY  AMYOTROPHIC  LATERAL
 SCLEROSIS  RESULTING  IN  TOTAL OR PARTIAL DISABILITY OR DEATH TO A PAID
 MEMBER OF A FIRE DEPARTMENT IN A CITY WITH A POPULATION OF  ONE  MILLION
 OR  MORE,  OR ANY RETIRED MEMBER OF SUCH DEPARTMENT WHO HAS BEEN RETIRED
 FOR FIVE OR LESS YEARS, WHO SUCCESSFULLY PASSED A  PHYSICAL  EXAMINATION
 ON  ENTRY  INTO THE SERVICE OF SUCH DEPARTMENT, WHICH EXAMINATION FAILED
 TO REVEAL ANY EVIDENCE OF SUCH CONDITION, SHALL BE PRESUMPTIVE  EVIDENCE
 THAT  IT  WAS INCURRED IN THE PERFORMANCE OF DUTY UNLESS THE CONTRARY BE
 PROVED BY COMPETENT EVIDENCE.
   § 2. The board of trustees  of  the  New  York  city  fire  department
 pension  fund  shall take appropriate administrative action to implement
 the intent of section one of this act.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation would provide certain  members  and
 retirees  of  the  New  York  City Fire Pension Fund (FIRE) a rebuttable
 statutory presumption that a qualifying partial or total  disability  or
 death related to Amyotrophic Lateral Sclerosis (ALS) was incurred in the
 performance of duty.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01265-02-5

 S. 7534                             2
 
       ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
          by Fiscal Year for the first 25 years ($ in Thousands)
 
                            One          One Incident
                Year      Incident         Per Year
 
                2026           299                299
                2027           299                604
                2028           299                917
                2029           299              1,236
                2030           299              1,562
                2031           299              1,896
                2032           299              2,237
                2033           299              2,585
                2034           299              2,942
                2035           299              3,306
                2036           299              3,678
                2037           299              4,058
                2038           299              4,447
                2039           299              4,845
                2040             0              4,952
                2041             0              5,062
                2042             0              5,174
                2043             0              5,288
                2044             0              5,406
                2045             0              5,525
                2046             0              5,648
                2047             0              5,773
                2048             0              5,901
                2049             0              6,031
                2050             0              6,165
    Employer contribution impact beyond Fiscal Year 2050 is not shown.
 
   The potential increases in employer contributions will be allocated to
 New York City.
 
   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 Incident
                  (1) PV of Employer Contributions:  2,527
                  (2) PV of Employee Contributions:  0
                  Total PV of Benefits (1) + (2):    2,527
 
   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 Incident
 S. 7534                             3
 
                  Increase (Decrease) in UAL:          2,527 K
                  Number of Payments:                     14
                  Amortization Payment:                 299 K
 
   CENSUS DATA: The number of members who will benefit in the future from
 the  statutory  presumption  provided  in  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.
 
                                                            FIRE
 Active Members
 -Number Count:                                           10,691
 -Average Age:                                              40.7
 -Average Service:                                          13.7
 -Average Salary:                                        143,400
 Receiving Members (within five years of retirement)
 -Number Count:                                            2,592
 -Average Age:                                              54.1

   IMPACT  ON MEMBER BENEFITS: Currently, a FIRE member who becomes disa-
 bled due to ALS would be eligible for an applicable ordinary  disability
 retirement,  generally a lifetime payment of 1/3 of Final Average Salary
 (FAS) for Tier 3 members and 1/2 of FAS  for  Tier  2  members,  or  the
 service  retirement  benefit if greater. The ordinary death benefit is a
 lump sum payment generally equal to three  times  the  member's  salary,
 plus  a  return  of  member  contributions. Currently, FIRE retirees who
 become disabled, or die, after retirement due to ALS are not eligible to
 reclassify their existing benefit.
   Under the proposed legislation, the  performance  of  duty  disability
 benefit  for  eligible  FIRE  members and retirees (within five years of
 retirement) who are disabled from ALS would generally be equal to 75% of
 FAS. The performance of duty death benefit for eligible members or reti-
 rees would generally be equal to a lifetime benefit of 50% of a member's
 wages earned during the last year of service, plus, if  applicable,  the
 Special  Accidental Death Benefit (SADB) 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 who will benefit 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. The estimated financial
 impact for members has been calculated assuming eligible members die  in
 the year following the valuation date.
   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
 S. 7534                             4
 
 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 2025-44 dated  April  17,
 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.

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