S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4634--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2017
                                ___________
 
 Introduced  by Sens. FUNKE, AKSHAR, GALLIVAN, HAMILTON, HELMING, JACOBS,
   MARCHIONE -- read twice and ordered printed, and when  printed  to  be
   committed  to the Committee on Civil Service and Pensions -- recommit-
   ted 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 committee
 
 AN ACT to amend the retirement and social security law, in  relation  to
   certain  disabilities  of  university police officers appointed by the
   state university of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 363-a of the retirement and social
 security  law, as amended by chapter 437 of the laws of 2016, is amended
 to read as follows:
   3. As used in this section, the terms "firefighter" and "police  offi-
 cer"  mean  any  member who is performing 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 eight-
 y-six), f (as added by chapter six hundred seventy-seven of the laws  of
 nineteen  eighty-six),  g,  h,  I and j of subdivision eleven of section
 three hundred two of this article, and who, prior to entry into  service
 as a firefighter or police officer, successfully passed a physical exam-
 ination  which  failed  to  disclose  evidence  of  any disease or other
 impairment of the heart.
   § 2. The amendments to section 363-a  of  the  retirement  and  social
 security  law  made 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 pursuant to articles 14 and 15 of the retirement and social securi-
 ty 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09793-04-8

 S. 4634--A                          2
 
 amendments thereto affect the application of such provisions as extended
 by the provisions of section 480 of the retirement and  social  security
 law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  is  a  technical  correction to Chapter 561 of the Laws of
 2015.   It would add a  "heart  bill"  performance  of  duty  disability
 provision  for  police  officers of the State University of New York 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.
   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, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2017
 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 January 18,  2018,  and  intended  for  use  only
 during  the  2018  Legislative  Session,  is  Fiscal  Note  No. 2018-42,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.