S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7781--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees -- recommitted to the Committee on Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  certain disabilities of environmental police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 363-a of the retirement and social security law, as
amended  by chapter 967 of the laws of 1974, subdivision 3 as amended by
chapter 357 of the laws of 2002 and subdivision 4 as amended by  chapter
768 of the laws of 1975, is amended to read as follows:
  S  363-a.  [Firemen  and  policemen] FIREFIGHTERS AND POLICE OFFICERS;
certain disabilities. 1.  Notwithstanding any provision of this  chapter
or  of any general, special, or local law to the contrary, any condition
of impairment of health caused by diseases of the  heart,  resulting  in
disability  or  death  to  a  [fireman] FIREFIGHTER 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.
  2.  Notwithstanding  any  provision of this chapter or of any general,
special, or local law to the contrary, any condition  of  impairment  of
health caused by diseases of the heart, resulting in disability or death
to  a [policeman] POLICE OFFICER, presently employed, and who shall have
sustained such  disability  while  so  employed,  shall  be  presumptive
evidence  that  [is] IT was incurred in the performance and discharge of
duty, unless the contrary be proved by competent evidence.
  3. As used in this section, the [term "fireman" and "policeman" means]
TERMS "FIREFIGHTER" AND "POLICE OFFICER" MEAN any member who is perform-
ing police or fire service, as the phrase  police  or  fire  service  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10309-04-1
              

A. 7781--A                          2

defined  in  paragraphs  a,  b, c, d, F (AS ADDED BY CHAPTER SIX HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN EIGHTY-SIX), F (AS ADDED BY CHAPTER
SIX HUNDRED SEVENTY-SEVEN OF THE LAWS OF NINETEEN EIGHTY-SIX), g, and  h
of  subdivision eleven of section three hundred two of this article, and
who, prior to entry into service as a [fireman or policeman] FIREFIGHTER
OR POLICE OFFICER, successfully  passed  a  physical  examination  which
failed  to  disclose  evidence of any disease or other impairment of the
heart.
  4. The provisions of this section  shall  remain  in  full  force  and
effect  to  and including August thirty-first, nineteen hundred seventy-
six.
  S 2. The amendments made to section 363-a of the retirement and social
security law by section one of this act shall  not  affect,  impair,  or
invalidate any temporary right, privilege, or benefit conferred pursuant
to  the provisions of a general, special or local law (other than pursu-
ant to articles 14 and 15 of the retirement and social security law) for
any member of a public retirement system or pension plan funded  by  the
state  or  one  of  its political subdivisions, nor shall any amendments
thereto affect the application of such provisions  as  extended  by  the
provisions of section 480 of the retirement and social security law.
  S 3. This act shall take effect immediately.
  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. It would  add  a  "heart
bill"  provision  for police officers of the Division of Law Enforcement
in the Department of Environmental Conservation who are members  of  the
New York State and Local Police and Fire Retirement System.
  If  this  bill  is  enacted,  it could lead to more disabilities being
classified as "performance of duty". We anticipate that few  performance
of  duty disability retirements will be granted, and thus, the resulting
costs will be negligible.
  This estimate, dated November 10, 2011,  and  intended  for  use  only
during the 2012 Legislative Session, is Fiscal Note No. 2012-6, prepared
by  the Actuary for the New York State and Local Police and Fire Retire-
ment System.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7781--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of A. ABBATE, RAMOS -- read once and referred to the
  Committee on Governmental Employees -- recommitted to the Committee on
  Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT to amend the retirement and social security law, in  relation  to
  certain  disabilities of environmental police officers, forest rangers
  and state university of New York police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 363-a of the retirement and social security law, as
amended  by chapter 967 of the laws of 1974, subdivision 3 as amended by
chapter 357 of the laws of 2002 and subdivision 4 as amended by  chapter
768 of the laws of 1975, is amended to read as follows:
  S  363-a.  [Firemen  and  policemen] FIREFIGHTERS AND POLICE OFFICERS;
certain disabilities. 1.  Notwithstanding any provision of this  chapter
or  of any general, special, or local law to the contrary, any condition
of impairment of health caused by diseases of the  heart,  resulting  in
disability  or  death  to  a  [fireman] FIREFIGHTER 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.
  2.  Notwithstanding  any  provision of this chapter or of any general,
special, or local law to the contrary, any condition  of  impairment  of
health caused by diseases of the heart, resulting in disability or death
to  a [policeman] POLICE OFFICER, presently employed, and who shall have
sustained such  disability  while  so  employed,  shall  be  presumptive
evidence  that  [is] IT was incurred in the performance and discharge of
duty, unless the contrary be proved by competent evidence.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10309-05-2
              

A. 7781--B                          2

  3. As used in this section, the [term "fireman" and "policeman" means]
TERMS "FIREFIGHTER" AND "POLICE OFFICER" MEAN any member who is perform-
ing police or fire service, as the phrase  police  or  fire  service  is
defined  in  paragraphs  a,  b, c, d, F (AS ADDED BY CHAPTER SIX HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN EIGHTY-SIX), F (AS ADDED BY CHAPTER
SIX  HUNDRED SEVENTY-SEVEN OF THE LAWS OF NINETEEN EIGHTY-SIX), g, and h
of subdivision eleven of section three hundred two of this  article  AND
ANY MEMBER WHO IS A FOREST RANGER AS DEFINED BY SUBDIVISION A OF SECTION
THREE  HUNDRED EIGHTY-THREE-C OF THE RETIREMENT AND SOCIAL SECURITY LAW,
and who, prior to entry into service as a [fireman or  policeman]  FIRE-
FIGHTER  OR  POLICE  OFFICER, successfully passed a physical examination
which failed to disclose evidence of any disease or other impairment  of
the heart.
  4.  The  provisions  of  this  section  shall remain in full force and
effect to and including August thirty-first, nineteen  hundred  seventy-
six.
  S  2.    The retirement and social security law is amended by adding a
new section 63-g to read as follows:
  S 63-G. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN  EMPLOYEES.
1.  ANY  MEMBER EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK AS A POLICE
OFFICER AS DEFINED  BY  PARAGRAPH  (S)  OF  SUBDIVISION  THIRTY-FOUR  OF
SECTION  1.20  OF  THE CRIMINAL PROCEDURE LAW, WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED AS THE NATURAL AND PROXIMATE RESULT OF AN  INJURY
SUSTAINED  IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH IS PROVIDED IN SECTION THREE HUNDRED SIXTY-THREE-C OF  THIS  CHAP-
TER.
  2.  NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY,  ANY  CONDITION  OF  IMPAIRMENT  OF  HEALTH
CAUSED  BY  DISEASE  OF THE HEART, RESULTING IN DISABILITY OR DEATH TO A
MEMBER COVERED BY THIS SECTION, PRESENTLY EMPLOYED, AND WHO  SHALL  HAVE
SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, AND WHO SUCCESSFULLY PASSED
A  PHYSICAL  EXAMINATION  ON  ENTRY INTO SERVICE AS A POLICE OFFICER, AS
DEFINED IN PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF SECTION  1.20  OF
THE  CRIMINAL  PROCEDURE  LAW,  WHICH  EXAMINATION  FAILED  TO  DISCLOSE
EVIDENCE OF ANY DISEASE OR OTHER  IMPAIRMENT  OF  THE  HEART,  SHALL  BE
PRESUMPTIVE EVIDENCE THAT SUCH CONDITION WAS INCURRED IN THE PERFORMANCE
AND  DISCHARGE  OF  DUTY,  UNLESS  THE  CONTRARY  BE PROVED BY COMPETENT
EVIDENCE.
  S 3. The retirement and social security law is amended by adding a new
section 507-j to read as follows:
  S 507-J. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOYEES.
1. ANY MEMBER EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK AS  A  POLICE
OFFICER  AS  DEFINED  BY  PARAGRAPH  (S)  OF  SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO  BECOMES  PHYSICALLY  OR
MENTALLY  INCAPACITATED AS THE NATURAL AND PROXIMATE RESULT OF AN INJURY
SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL  BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH  IS  PROVIDED IN SECTION THREE HUNDRED SIXTY-THREE-C OF THIS CHAP-
TER.
  2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASE OF THE HEART, RESULTING IN DISABILITY OR  DEATH  TO  A
MEMBER  COVERED  BY THIS SECTION, PRESENTLY EMPLOYED, AND WHO SHALL HAVE
SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, AND WHO SUCCESSFULLY PASSED
A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS  A  POLICE  OFFICER,  AS

A. 7781--B                          3

DEFINED  IN  PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE  CRIMINAL  PROCEDURE  LAW,  WHICH  EXAMINATION  FAILED  TO  DISCLOSE
EVIDENCE  OF  ANY  DISEASE  OR  OTHER  IMPAIRMENT OF THE HEART, SHALL BE
PRESUMPTIVE EVIDENCE THAT SUCH CONDITION WAS INCURRED IN THE PERFORMANCE
AND  DISCHARGE  OF  DUTY,  UNLESS  THE  CONTRARY  BE PROVED BY COMPETENT
EVIDENCE.
  S 4. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
  S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT; CERTAIN EMPLOYEES.
1. ANY MEMBER EMPLOYED BY THE STATE UNIVERSITY OF NEW YORK AS  A  POLICE
OFFICER  AS  DEFINED  BY  PARAGRAPH  (S)  OF  SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO  BECOMES  PHYSICALLY  OR
MENTALLY  INCAPACITATED AS THE NATURAL AND PROXIMATE RESULT OF AN INJURY
SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL  BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH  IS  PROVIDED IN SECTION THREE HUNDRED SIXTY-THREE-C OF THIS CHAP-
TER.
  2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY DISEASE OF THE HEART, RESULTING IN DISABILITY OR  DEATH  TO  A
MEMBER  COVERED  BY THIS SECTION, PRESENTLY EMPLOYED, AND WHO SHALL HAVE
SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, AND WHO SUCCESSFULLY PASSED
A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS  A  POLICE  OFFICER,  AS
DEFINED  IN  PARAGRAPH (S) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE  CRIMINAL  PROCEDURE  LAW,  WHICH  EXAMINATION  FAILED  TO  DISCLOSE
EVIDENCE  OF  ANY  DISEASE  OR  OTHER  IMPAIRMENT OF THE HEART, SHALL BE
PRESUMPTIVE EVIDENCE THAT SUCH CONDITION WAS INCURRED IN THE PERFORMANCE
AND DISCHARGE OF DUTY,  UNLESS  THE  CONTRARY  BE  PROVED  BY  COMPETENT
EVIDENCE.
  S 5. The amendments made to section 363-a of the retirement and social
security  law  by  section  one of this act shall not affect, impair, or
invalidate any temporary right, privilege, or benefit conferred pursuant
to the provisions of a general, special or local law (other than  pursu-
ant to articles 14 and 15 of the retirement and social security law) for
any  member  of a public retirement system or pension plan funded by the
state or one of its political subdivisions,  nor  shall  any  amendments
thereto  affect  the  application  of such provisions as extended by the
provisions of section 480 of the retirement and social security law.
  S 6. This act shall take effect immediately.
  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. It would add a "heart
bill" provision for police officers and forest rangers of  the  Division
of  Law  Enforcement in the Department of Environmental conservation who
are members of the New York State and Local Police and  Fire  Retirement
System.
  This  bill  would  also  grant  police  officers employed by the state
university of New York (SUNY) a 50% of pay performance of duty disabili-
ty benefit, including disabilities from heart disease.
  If this bill is enacted during the 2012 legislative session,  for  the
police officers and forest rangers of the Division of Law Enforcement in
the  Department  of  Environmental  Conservation,  it could lead to more
disabilities being classified as "performance of  duty".  We  anticipate
that few performance of duty disability retirements will be granted, and
thus, the resulting costs will be negligible.

A. 7781--B                          4

  In  addition  to  these  costs,  there would also be additional annual
costs of approximately 1.8% of the payroll to the State of New  York  on
behalf  of the SUNY police officers for the fiscal year ending March 31,
2013.
  Summary of relevant resources:
  Data:  March  31,  2011  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2011  Report  of  the
Actuary and 2011 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated February 24, 2012,  and  intended  for  use  only
during  the  2012  Legislative  Session,  is  Fiscal  Note  No. 2012-93,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement  System  and  the  New  York  State and Local Police and Fire
Retirement System.