NY State Senate Bill 2015-S8071

Senate Bill S8071

Vetoed By Governor

2015-2016 Legislative Session

Relates to disability benefits for firefighters employed by the division of military and naval affairs

download bill text pdf

Archive: Last Bill Status Via A10614 - Vetoed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	tabled vetoed memo.261
Nov 16, 2016	delivered to governor
Jun 16, 2016	returned to assembly passed senate 3rd reading cal.1950 substituted for s8071
Jun 16, 2016	substituted by a10614 ordered to third reading cal.1950
Jun 10, 2016	referred to rules

Votes

- Jun 16, 2016 - Floor Vote
  A10614
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S8071
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (24)
      
      Bonacic
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Breslin

2015-S8071 (ACTIVE) - Details

See Assembly Version of this Bill:: A10614
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §§63-g, 63-h, 607-i & 607-j, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6529, S8782, A8326, A10723
2019-2020: S3801, S7534, A4436, A9926
2021-2022: S4408, A6732

2015-S8071 (ACTIVE) - Summary

Relates to disability benefits for firefighters employed by the division of military and naval affairs.

2015-S8071 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8071

 TITLE OF BILL :

An act to amend the retirement and social security law, in relation to
disability benefits for firefighters employed by the division of
military and naval affairs

 PURPOSE :

This bill would grant improved disability pensions to airport
firefighters and training and safety officers in New York State
division of military and naval affairs who sustain a disability
related to heart disease, lung disease and certain forms of cancer.

 SUMMARY OF PROVISIONS :

Section one amends the retirement and social security law by adding
two new sections 63-g and 63-h which establish that any member of the
retirement system employed by the division of military and naval
affairs shall be eligible to retire pursuant to the provisions of this
section if he or she is an airport firefighter apprentice, firefighter
I, airport firefighter II, airport firefighter III or training and
safety officer.

Section two amends the social security law to establish that any

member of the retirement system employed by the division of military
and naval affairs shall be eligible to retire pursuant to the
provisions of this section if he or she is an airport firefighter
apprentice, firefighter I, airport firefighter II, airport firefighter
III or training and safety officer.

Section three establishes the effective date.

 JUSTIFICATION :

This bill would grant improved disability pensions to airport
firefighters and training and safety officers in New York State
division of military and naval affairs who sustain a disability
related to hem 1 disease, lung disease and certain forms of cancer.
Currently, benefits are approximately 1/3 of final average salary
(FAS), and this bill would increase benefits to 50 percent or 75
percent of FAS. Furthermore, the bill would help individuals who
sustain such disabilities to establish the presumption that they were
incurred in the performance and discharge of duty, unless the contrary
be proven by competent evidence. This piece of legislation will help
to ensure these brave men and women receive the care they deserve.

 LEGISLATIVE HISTORY :

2008: S.7934 - 3rd Reading Calendar/A.11111 - Passed Assembly.
2007:  Veto
61

 FISCAL IMPLICATIONS :

The disability benefits of affected members with heart, lung of
certain cancer related disabilities would increase from approximately
1/3 of final average salary (FAS) to 50% of FAS or 75% of FAS. The
estimated increase in the annual contributions of the State of New
York for the fiscal year ending March 31, 2009 would be approximately
$24,000. These estimated costs are based on ninety-four (94) members
having an annual salary for the fiscal year ending March 31, 2009 of
approximately $4.4 million.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S8071 (ACTIVE) - Bill Text download pdf

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

                                  8071

                            I N  S E N A T E

                              June 10, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the retirement and social security law, in  relation  to
  disability benefits for firefighters employed by the division of mili-
  tary and naval affairs

  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
two new sections 63-g and 63-h to read as follows:
  S 63-G. PERFORMANCE OF DUTY DISABILITY RETIREMENT. A.  ANY  MEMBER  OF
THE  RETIREMENT  SYSTEM  EMPLOYED  BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS  OF  THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER  I,  AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  MEMBER  WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED AS THE RESULT OF A DISABILITY FROM ANY  CONDITION
OF IMPAIRMENT OF HEALTH CAUSED BY: (1) DISEASES OF THE HEART; OR (2) ANY
(I) MELANOMA OR (II) CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGES-
TIVE,  HEMATOLOGICAL,  URINARY,  NEUROLOGICAL,  BREAST,  REPRODUCTIVE OR
PROSTATE SYSTEMS, WHO IS PRESENTLY EMPLOYED AND WHO SHALL HAVE SUSTAINED
SUCH DISABILITY WHILE SO EMPLOYED AND WHILE ACTUALLY  A  MEMBER  OF  THE
RETIREMENT  SYSTEM,  WHO  SUCCESSFULLY  PASSED A PHYSICAL EXAMINATION ON
ENTRY INTO SERVICE AS AN AIRPORT FIREFIGHTER APPRENTICE,  AIRPORT  FIRE-
FIGHTER  I,  AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER, WHICH EXAMINATION FAILED TO DISCLOSE EVIDENCE OF ANY
DISEASE OR OTHER IMPAIRMENT OF THE HEART OR SUCH MELANOMA OR  CONDITION,
SHALL  BE  PRESUMPTIVE  EVIDENCE  THAT  SUCH DISABILITY OR DEATH (A) WAS
CAUSED BY THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY
SUCH FIREFIGHTER'S OWN NEGLIGENCE AND (B) WAS INCURRED IN  THE  PERFORM-
ANCE  AND  DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT
EVIDENCE AND SHALL BE PAID A PERFORMANCE OF DUTY  DISABILITY  RETIREMENT
BENEFIT PAYABLE PURSUANT TO THIS SECTION.

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

                                                           LBD15496-02-6

S. 8071                             2

  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER;
  2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
  3. SOME PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
  D.  AFTER THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE GIVEN
ONE OR MORE MEDICAL EXAMINATIONS.
  E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED  FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE
RETIRED FOR PERFORMANCE OF DUTY DISABILITY,  SUCH  MEMBER  SHALL  BE  SO
RETIRED.    SUCH  RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY
THE COMPTROLLER.
  F. THE RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR PERFORMANCE OF
DUTY DISABILITY SHALL CONSIST OF A PENSION OF ONE-HALF  OF  HIS  OR  HER
FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIV-
ALENT OF SUCH MEMBER'S ACCUMULATED CONTRIBUTIONS, IF ANY.
  G.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
SERVICE  RETIREMENT  BENEFIT,  THEN  AND  IN THAT EVENT, SUCH MEMBER MAY
SIMULTANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN  ACCORDANCE
WITH  THE  PROVISIONS  OF SECTION SEVENTY OF THIS ARTICLE, PROVIDED THAT
THE MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION  FOR  PERFORM-
ANCE OF DUTY DISABILITY RETIREMENT.
  H.  ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING  OF  SECTION
SIXTY-FOUR  OF THIS TITLE.  ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS'
COMPENSATION LAW TO A MEMBER RECEIVING A DISABILITY  ALLOWANCE  PURSUANT
TO  THIS  SECTION SHALL BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE.
  S 63-H. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION. A. ANY  MEMBER  OF
THE  RETIREMENT  SYSTEM  EMPLOYED  BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS  OF  THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER  I,  AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY: (1) DISEASES OF THE HEART; OR (2) ANY (I)  MELANOMA  OR  (II)
CONDITION  OF  CANCER AFFECTING THE LYMPHATIC, DIGESTIVE, HEMATOLOGICAL,
URINARY, NEUROLOGICAL, BREAST, REPRODUCTIVE OR PROSTATE SYSTEMS  RESULT-
ING  IN  DISABILITY  TO  A  MEMBER  COVERED  BY  THIS SECTION, PRESENTLY
EMPLOYED AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY AS THE  RESULT  OF
AN ACCIDENT NOT CAUSED BY HIS OR HER OWN WILLFUL NEGLIGENCE SUSTAINED IN
SUCH  SERVICE  AND WHILE ACTUALLY A MEMBER OF THE RETIREMENT SYSTEM, WHO
SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE  AS  AN
AIRPORT  FIREFIGHTER  APPRENTICE,  AIRPORT  FIREFIGHTER I, AIRPORT FIRE-
FIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING AND SAFETY OFFICER WHICH
EXAMINATION FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER  IMPAIR-
MENT  OF  THE  HEART OR SUCH MELANOMA OR CONDITION, SHALL BE PRESUMPTIVE
EVIDENCE THAT SUCH DISABILITY OR DEATH (A) WAS CAUSED BY THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY  SUCH  FIREFIGHTER'S  OWN
NEGLIGENCE  AND  (B)  WAS  INCURRED  IN THE PERFORMANCE AND DISCHARGE OF
DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE AND  SHALL  BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT

S. 8071                             3

WHICH  IS  PROVIDED IN SECTION SIXTY-THREE OF THIS TITLE, SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS TITLE.
  C.  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  LUNG, RESULTING IN DISABILITY TO A MEMBER
COVERED BY THIS SECTION, PRESENTLY EMPLOYED AND WHILE ACTUALLY A  MEMBER
OF THE RETIREMENT SYSTEM, WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION
ON  ENTRY  INTO  SERVICE  AS  AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT
FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAIN-
ING AND SAFETY OFFICER, WHICH EXAMINATION FAILED TO DISCLOSE EVIDENCE OF
ANY DISEASE OR OTHER  IMPAIRMENT  OF  THE  LUNG,  SHALL  BE  PRESUMPTIVE
EVIDENCE THAT SUCH DISABILITY OR DEATH (1) WAS CAUSED BY THE NATURAL AND
PROXIMATE  RESULT  OF  AN ACCIDENT, NOT CAUSED BY SUCH FIREFIGHTER'S OWN
NEGLIGENCE AND (2) WAS INCURRED IN  THE  PERFORMANCE  AND  DISCHARGE  OF
DUTY,  UNLESS  THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE AND SHALL BE
PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT
WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS TITLE, SUBJECT  TO  THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS TITLE.
  S  2.  The retirement and social security law is amended by adding two
new sections 607-i and 607-j to read as follows:
  S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT. A. ANY  MEMBER  OF
THE  RETIREMENT  SYSTEM  EMPLOYED  BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS  OF  THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER  I,  AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  MEMBER  WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED AS THE RESULT OF A DISABILITY FROM ANY  CONDITION
OF IMPAIRMENT OF HEALTH CAUSED BY: (1) DISEASES OF THE HEART; OR (2) ANY
(I) MELANOMA OR (II) CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGES-
TIVE,  HEMATOLOGICAL,  URINARY,  NEUROLOGICAL,  BREAST,  REPRODUCTIVE OR
PROSTATE SYSTEMS, WHO IS PRESENTLY EMPLOYED AND WHO SHALL HAVE SUSTAINED
SUCH DISABILITY WHILE SO EMPLOYED AND WHILE ACTUALLY  A  MEMBER  OF  THE
RETIREMENT  SYSTEM,  WHO  SUCCESSFULLY  PASSED A PHYSICAL EXAMINATION ON
ENTRY INTO SERVICE AS AN AIRPORT FIREFIGHTER APPRENTICE,  AIRPORT  FIRE-
FIGHTER  I,  AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER, WHICH EXAMINATION FAILED TO DISCLOSE EVIDENCE OF ANY
DISEASE OR OTHER IMPAIRMENT OF THE HEART OR SUCH MELANOMA OR  CONDITION,
SHALL  BE  PRESUMPTIVE  EVIDENCE  THAT  SUCH DISABILITY OR DEATH (A) WAS
CAUSED BY THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY
SUCH FIREFIGHTER'S OWN NEGLIGENCE AND (B) WAS INCURRED IN  THE  PERFORM-
ANCE  AND  DISCHARGE OF DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT
EVIDENCE AND SHALL BE PAID A PERFORMANCE OF DUTY  DISABILITY  RETIREMENT
BENEFIT PAYABLE PURSUANT TO THIS SECTION.
  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER;
  2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
  3. SOME PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
  D.  AFTER THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE GIVEN
ONE OR MORE MEDICAL EXAMINATIONS.
  E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED  FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE
RETIRED FOR PERFORMANCE OF DUTY DISABILITY,  SUCH  MEMBER  SHALL  BE  SO

S. 8071                             4

RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
COMPTROLLER.
  F. THE RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR PERFORMANCE OF
DUTY  DISABILITY  SHALL  CONSIST  OF A PENSION OF ONE-HALF OF HIS OR HER
FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIV-
ALENT OF SUCH MEMBER'S ACCUMULATED CONTRIBUTIONS, IF ANY.
  G. IF THE MEMBER, AT THE TIME OF THE FILING OF  AN  APPLICATION  UNDER
THE  PROVISIONS  OF  SUBDIVISION  C  OF  THIS SECTION, IS ELIGIBLE FOR A
SERVICE RETIREMENT BENEFIT, THEN AND IN  THAT  EVENT,  SUCH  MEMBER  MAY
SIMULTANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE
WITH THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT
THE MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION  IS  FILED WITHOUT PREJUDICE TO THE APPLICATION FOR PERFORM-
ANCE OF DUTY DISABILITY RETIREMENT.
  H. ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE  CONSID-
ERED  AS  AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING OF SECTION
SIXTY-FOUR OF THIS CHAPTER. ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS'
COMPENSATION LAW TO A MEMBER RECEIVING A DISABILITY  ALLOWANCE  PURSUANT
TO  THIS  SECTION SHALL BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY
INCURRED IN PERFORMANCE OF DUTY ALLOWANCE.
  S 607-J. CERTAIN IMPAIRMENTS OF HEALTH; PRESUMPTION. A. ANY MEMBER  OF
THE  RETIREMENT  SYSTEM  EMPLOYED  BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS  OF  THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER  I,  AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OF IMPAIRMENT OF HEALTH
CAUSED BY: (1) DISEASES OF THE HEART; OR (2) ANY (I)  MELANOMA  OR  (II)
CONDITION  OF  CANCER AFFECTING THE LYMPHATIC, DIGESTIVE, HEMATOLOGICAL,
URINARY, NEUROLOGICAL, BREAST, REPRODUCTIVE OR PROSTATE SYSTEMS  RESULT-
ING  IN  DISABILITY  TO  A  MEMBER  COVERED  BY  THIS SECTION, PRESENTLY
EMPLOYED AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY AS THE  RESULT  OF
AN ACCIDENT NOT CAUSED BY HIS OR HER OWN WILLFUL NEGLIGENCE SUSTAINED IN
SUCH  SERVICE  AND WHILE ACTUALLY A MEMBER OF THE RETIREMENT SYSTEM, WHO
SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO SERVICE  AS  AN
AIRPORT  FIREFIGHTER  APPRENTICE,  AIRPORT  FIREFIGHTER I, AIRPORT FIRE-
FIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING AND SAFETY OFFICER WHICH
EXAMINATION FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER  IMPAIR-
MENT  OF  THE  HEART OR SUCH MELANOMA OR CONDITION, SHALL BE PRESUMPTIVE
EVIDENCE THAT SUCH DISABILITY OR DEATH (A) WAS CAUSED BY THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY  SUCH  FIREFIGHTER'S  OWN
NEGLIGENCE  AND  (B)  WAS  INCURRED  IN THE PERFORMANCE AND DISCHARGE OF
DUTY, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE AND  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 SECTIONS SIXTY-THREE AND SIXTY-FOUR OF THIS CHAPTER.
  C.  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  LUNG, RESULTING IN DISABILITY TO A MEMBER
COVERED BY THIS SECTION, PRESENTLY EMPLOYED AND WHILE ACTUALLY A  MEMBER
OF THE RETIREMENT SYSTEM, WHO SUCCESSFULLY PASSED A PHYSICAL EXAMINATION
ON  ENTRY  INTO  SERVICE  AS  AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT
FIREFIGHTER I, AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAIN-
ING AND SAFETY OFFICER, WHICH EXAMINATION FAILED TO DISCLOSE EVIDENCE OF
ANY DISEASE OR OTHER  IMPAIRMENT  OF  THE  LUNG,  SHALL  BE  PRESUMPTIVE

S. 8071                             5

EVIDENCE THAT SUCH DISABILITY OR DEATH (1) WAS CAUSED BY THE NATURAL AND
PROXIMATE  RESULT  OF  AN ACCIDENT, NOT CAUSED BY SUCH FIREFIGHTER'S OWN
NEGLIGENCE AND (2) WAS INCURRED IN  THE  PERFORMANCE  AND  DISCHARGE  OF
DUTY,  UNLESS  THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE AND 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.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would grant improved disability pensions  to  airport  fire-
fighters and training and safety officers in the New York State division
of  military and naval affairs who sustain a disability related to heart
disease, lung disease and certain forms of cancer. This bill would  help
individuals who sustained such disabilities to establish the presumption
that they were incurred in the performance and discharge of duty, unless
the contrary be proven by competent evidence. The benefit for a heart or
cancer related accidental disability, or a lung disease related perform-
ance of duty disability would be 75% of final average salary (FAS) minus
worker's  compensation  (WC).  The benefit for a heart or cancer related
performance of duty disability benefit would be  50%  of  final  average
salary.
  If  this  bill is enacted, the disability benefits of affected members
with heart, lung or certain cancer related disabilities  would  increase
from approximately 1/3 of FAS to 50% of FAS, or 75% of FAS minus WC. The
estimated  increase in the annual contributions of the State of New York
for the fiscal  year  ending  March  31,  2017  would  be  approximately
$25,000.
  These  estimated costs are based on 69 members having an annual salary
for the fiscal year ending March 31, 2015 of approximately $4 million.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
Annual Report to the comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  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 June 2, 2016, and intended for  use  only  during
the  2016  Legislative Session, is Fiscal Note No. 2016-104, prepared by
the Actuary for the New York State and Local Retirement System.

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