NY State Senate Bill 2025-S7759

Senate Bill S7759

2025-2026 Legislative Session

Authorizes Frank R. Smith to receive accidental performance of duty disability retirement benefits

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
May 05, 2025	referred to civil service and pensions

2025-S7759 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7181
2023-2024: S7407

2025-S7759 (ACTIVE) - Summary

Authorizes Frank Smith, a New York city police detective, to receive accidental performance of duty disability retirement benefits for illness suffered as a result of exposure to disease during undercover assignments as a member of the police department of the city of New York.

2025-S7759 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7759

SPONSOR: LANZA
 
TITLE OF BILL:

An act to authorize Frank R. Smith to receive performance of duty disa-
bility retirement benefits

 
PURPOSE:

To authorize Frank R. Smith to receive accidental performance of duty
disability retirement benefits.

 
SUMMARY PROVISIONS:

Section one allows Frank Smith to retroactively receive an accidental
performance of duty disability retirement benefit for undercover duties
performed as a result of exposure to diseases during the course of his
undercover police duties.

Section two sets forth the disbursements of benefits and awards by all
retirement systems Mr. Smith was a member of.

Section three is the effective date.

 
JUSTIFICATION:

As a retired member of the New York City Police Department, Mr. Smith
did not show symptoms of the illnesses caused from diseases acquired
during his numerous undercover assignments until after he was receiving
his police retirement. Although retired, he requested an accidental
Performance of duty" disability retirement benefit but was eventually
denied. Mr. Smith utilized the court process and although they sympathy-
ized with him, The New York State Court of Appeals ruled that the prece-
dent of a legislative solution would be the only remedy for him to
receive an accidental Performance of Duty" disability retirement bene-
fit. This bill would allow Mr. Smith to apply for such benefits that
have been documented by medical records and medical professionals stat-
ing that his illnesses were caused during the course of his employmentas
a member of the New York City Police Department.

 
LEGISLATIVE HISTORY:

2024: S.7407-A - Referred to Civil Service/A.7734-A - Referred to Gov.
Employees

2023: S.7407 - Referred to Civil Service/A.7734 - Referred to Gov.
Employees

2022: S.7181-A - Referred to Civil Service

2021: S.7181 - Referred to Rules

 
FISCAL IMPLICATIONS:

See fiscal note from the New York City Actuary after section three of
the bill.

 
EFFECTIVE DATE:
Immediately.

2025-S7759 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7759
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize Frank R. Smith to receive performance of duty  disa-
   bility retirement benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other provision of law, Frank R. Smith,
 a retired member of the New York city police department, who joined  the
 New  York  city  employees  retirement  system  on June 30, 1992 and who
 applied for accidental performance of duty disability  retirement  bene-
 fits  based  upon illnesses suffered as a result of exposure to diseases
 during the course of undercover duties  performed  beginning  in  August
 2002,  and  who  has  had those benefits denied, shall be hereby awarded
 such benefits retroactively from his August 12, 2009 service retirement.
   § 2. The benefits and awards provided for under this act shall be paid
 for, and shared equally by, all  public  retirement  systems,  of  which
 Frank R. Smith was a member.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation would allow Police Officer Frank R.
 Smith  who  retired  from the New York City Police Pension Fund (POLICE)
 with an Ordinary Disability Retirement to be reclassified as an Accident
 Disability Retirement.
          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
           by Fiscal Year for the first 25 years ($ in Millions)
 
                Year                               POLICE
                2026                                 0.0
                2027                                 1.4
                2028                                 0.0
                2029                                 0.0
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03644-02-5

 S. 7759                             2
 
                2030                                 0.0
                2031                                 0.0
                2032                                 0.0
                2033                                 0.0
                2034                                 0.0
                2035                                 0.0
                2036                                 0.0
                2037                                 0.0
                2038                                 0.0
                2039                                 0.0
                2040                                 0.0
                2041                                 0.0
                2042                                 0.0
                2043                                 0.0
                2044                                 0.0
                2045                                 0.0
                2046                                 0.0
                2047                                 0.0
                2048                                 0.0
                2049                                 0.0
                2050                                 0.0
 
   The entire increase 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.
 
         EXPECTED INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                    as of June 30, 2025 ($ in Millions)

              Present Value (PV)                 POLICE
 
              (1) PV of Employer Contributions:    1.3
              (2) PV of Employee Contributions:    0.0
              Total PV of Benefits (1) + (2):      1.3
 
   UNFUNDED  ACCRUED  LIABILITY  (UAL): Actuarial Accrued Liabilities are
 the portion of the Present Value of Benefits allocated to past  service.
 For  purposes  of this Fiscal Note, UAL attributable to inactive members
 was recognized immediately.
 
                 AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                                                 POLICE
 
              Increase (Decrease) in UAL:        1.3 M
              Number of Payments:                1
              Amortization Payment:              1.4 M
 
   CENSUS DATA: The estimates presented herein are based  on  preliminary
 census  data  collected  as  of  June  30, 2024. The census data for the
 impacted population is summarized below.
 
                                                 POLICE
 S. 7759                             3
 
              Receiving Members
              - Number Count:                    1
              - Average Age:                     54.0
 
   BACKGROUND:  Mr.  Smith retired with an Ordinary Disability Retirement
 from POLICE on August 12, 2009. He currently receives an annual  pension
 of  $68,600  per  year  payable under the maximum form of payment (i.e.,
 payable to him as long as he is alive).
   If the proposed legislation is enacted, Mr. Smith's retirement  allow-
 ance  would be recalculated as an Accident Disability Retirement and his
 annual pension would increase to $113,847 per year. This increase  would
 apply  prospectively  as  well  as retroactively to Mr. Smith's original
 date of retirement.
   ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
 calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
 of the impacted retirement systems.
   For purposes of calculating the impact of the proposed legislation, it
 has been assumed that the retroactive increase in benefits would be paid
 without interest.
   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 2025-51 dated May 2, 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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