S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8052
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 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 retirement and social security law, in  relation  to
   providing  a  disability  presumption  to members of public retirement
   systems

   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 810 to read as follows:
   § 810. DISABILITY PRESUMPTION.  NOTWITHSTANDING ANY OTHER LAW, RULE OR
 REGULATION  TO  THE  CONTRARY, A MEMBER OF A PUBLIC RETIREMENT SYSTEM AS
 DEFINED BY SUBDIVISION A OF SECTION EIGHT HUNDRED OF  THIS  ARTICLE  WHO
 HAS  BEEN DETERMINED TO HAVE A PERMANENT PARTIAL DISABILITY BY THE WORK-
 ERS' COMPENSATION BOARD OF THE STATE OF NEW  YORK,  OR  WHO  THE  UNITED
 STATES  SOCIAL  SECURITY  ADMINISTRATION  HAS DETERMINED IS DISABLED FOR
 SUBSTANTIAL GAINFUL ACTIVITY, AND APPROVED FOR SOCIAL SECURITY DISABILI-
 TY BENEFITS, SHALL BE DEEMED TO BE DISABLED FOR THE PURPOSES  OF  ELIGI-
 BILITY FOR DISABILITY BENEFITS OF SUCH PUBLIC RETIREMENT SYSTEM.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would add a section 810 to the Retirement and Social Securi-
 ty Law that would deem any member determined to have a permanent partial
 disability  by the New York State Workers' Compensation Board, or deter-
 mined to be disabled for substantial gainful activity and  eligible  for
 Social Security Disability benefits by the United States Social Security
 Administration, to be eligible for disability benefits from the New York
 State  Teachers'  Retirement System (NYSTRS).   Current statute, section
 605 of the Retirement and Social Security Law, requires that a member be
 physically or mentally incapacitated  for  the  performance  of  gainful
 employment  to  qualify  for  a disability benefit. The statute empowers
 NYSTRS to make that determination and to that end NYSTRS has  a  Medical
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11399-03-5
              

 S. 8052                             2
 
 Board  of  board-certified physicians that meets monthly to review disa-
 bility applications and medical files.
   The  overall  cost  of  this  bill cannot be readily determined as the
 ultimate number of disability retirements granted under this  definition
 cannot be determined at this time.
   The  average  cost  per  individual  member  impacted  is estimated as
 follows:
 
                Member     Disability Benefit
                Age
                30         $260,000 (4.3 times salary)
                40         $320,000 (4.0 times salary)
                50         $380,000 (3.6 times salary)
 
   The actual cost per member would depend on  the  member's  age,  tier,
 years  of  service  and  salary. The costs above are determined based on
 averages, so the actual cost for a member could be higher or lower.
   Member data is from the System's most recent actuarial valuation files
 as of June 30, 2024, consisting of data provided by the employers to the
 Retirement System. The most recent data distributions and statistics can
 be found in the System's Annual Report for fiscal year  ended  June  30,
 2024. System assets are as reported in the System's financial statements
 and  can  also be found in the System's Annual Report. Actuarial assump-
 tions and methods will be provided in the System's  Actuarial  Valuation
 Report as of June 30, 2024.
   The  source  of  this  estimate is Fiscal Note 2025-20 dated April 30,
 2025 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2025
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 New  York State Teachers' Retirement System. I am a member of the Ameri-
 can Academy of Actuaries and I meet the Qualification Standards  of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein.