S T A T E   O F   N E W   Y O R K
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                                 2557--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 24, 2009
                               ___________

Introduced  by  Sens. ADDABBO, DIAZ, HASSELL-THOMPSON, HUNTLEY, C. JOHN-
  SON, KLEIN, PARKER, SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the retirement and social security law, in relation to
  benefits payable to, or on behalf of, certain employees of  the  divi-
  sion  of  parole  injured  or  killed  in the performance of duty; and
  providing for the repeal of such provisions upon expiration thereof

  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 63-g to read as follows:
  S  63-G.  DISABILITY  RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF
PAROLE; CERTAIN DISABILITIES. A. 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  HEART,  RESULTING  IN
DISABILITY  OR  DEATH  TO  A  PEACE  OFFICER EMPLOYED BY THE DIVISION OF
PAROLE SHALL BE  PRESUMPTIVE  EVIDENCE  THAT  IT  WAS  INCURRED  IN  THE
PERFORMANCE  AND  DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT
OF AN ACCIDENT, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  B. AS USED IN THIS SECTION, THE TERM "PEACE OFFICER"  SHALL  MEAN  ANY
EMPLOYEE  OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE OFFICER
PURSUANT TO SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF  SECTION  2.10
OF  THE  CRIMINAL  PROCEDURE  LAW, WHO, PRIOR TO ENTRY INTO SERVICE AS A
PAROLE OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL  EXAMINA-
TION  WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE  OR OTHER IMPAIR-
MENT OF THE HEART.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-03-0

              

S. 2557--A                          2

  S 2. The retirement and social security law is amended by adding a new
section 605-d to read as follows:
  S  605-D.  DISABILITY RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF
PAROLE; ACCIDENTAL DISABILITY RETIREMENT FOR  CERTAIN  DISABILITIES.  A.
NOTWITHSTANDING  ANY  PROVISION  OF  THIS  CHAPTER  OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY,  IF  AN  IMPAIRMENT  OF  HEALTH  CAUSED  BY
DISEASES OF THE HEART, RESULTS IN DISABILITY OR DEATH TO A PEACE OFFICER
EMPLOYED  BY THE DIVISION OF PAROLE SUCH IMPAIRMENT SHALL BE PRESUMPTIVE
EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE  OF  DUTY
AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, UNLESS THE CONTRARY
BE  PROVED BY COMPETENT EVIDENCE, AND SUCH PEACE OFFICER 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.   SAID  PEACE  OFFICER
MAY MAKE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT SUBJECT TO THE
FILING REQUIREMENTS PROVIDED BY SECTION SIXTY-THREE OF THIS CHAPTER.
  B.  AS  USED  IN THIS SECTION, THE TERM "PEACE OFFICER" SHALL MEAN ANY
EMPLOYEE OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE  OFFICER
PURSUANT  TO  SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF SECTION 2.10
OF THE CRIMINAL PROCEDURE LAW, WHO, PRIOR TO ENTRY  INTO  SERVICE  AS  A
PAROLE  OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR  OTHER  IMPAIR-
MENT OF THE HEART.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have  become a law and shall expire and be deemed repealed July 1, 2011.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend  the  Retirement  and  Social  Security  Law  in
relation to heart disease related disabilities and deaths.  It would add
a  "heart  presumption" for peace officers of the Division of Parole who
are members of the  New  York  State  and  Local  Employees'  Retirement
System.    The  presumption  would  help individuals, or those filing on
their behalf, who sustained a job related accident establish that  their
heart  disability  or  death is the natural and proximate result of such
accident. The accidental disability benefit would be 75% of final  aver-
age salary less workers' compensation.
  If  this bill is enacted, it could increase benefits from 1/3 of final
average salary to 3/4 of final average  salary,  less  workers'  compen-
sation.  We  anticipate  that  very  few members would receive increased
benefits under this proposal, since the member, or the person filing  on
behalf  of the member, would have to prove that such heart related disa-
bility or death was the result of an accident. The estimated increase in
the annual contributions for the State of New York would be approximate-
ly $93,000.
  These estimated costs are based on  one  thousand  one  hundred  fifty
(1150)  members  having a total annual salary for the fiscal year ending
March 31, 2009 of approximately $84 million.
  This estimate, dated December 21,  2009  and  intended  for  use  only
during  the  2010  Legislative  Session,  is  Fiscal  Note  No. 2010-35,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.