NY State Senate Bill 2017-S6529

Senate Bill S6529

Vetoed By Governor

2017-2018 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 - 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
Dec 18, 2017	vetoed memo.246
Dec 06, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly ordered to third reading rules cal.521 substituted for a8326
Jun 15, 2017	referred to ways and means delivered to assembly passed senate
Jun 14, 2017	ordered to third reading cal.1746 committee discharged and committed to rules
Jun 01, 2017	referred to civil service and pensions

Votes

- Jun 15, 2017 - Floor Vote
  S6529
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Jun 14, 2017 - Rules Committee Vote
  S6529
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2017
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      absent (1)
      
      Marcellino

co-Sponsors

2017-S6529 (ACTIVE) - Details

See Assembly Version of this Bill:: A8326
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:: 2015-2016: S8071, A10614
2019-2020: S3801, S7534, A4436, A9926
2021-2022: S4408, A6732

2017-S6529 (ACTIVE) - Summary

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

2017-S6529 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6529

 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 :

2016: S.8071 - Veto Memo. 261
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 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 sixty-one (61) members having an
annual salary for the fiscal year ending March 31, 2016 of
approximately $3.7 million.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6529 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6529
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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
   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:
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09309-03-7

 S. 6529                             2
 
 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
 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.
   §  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

 S. 6529                             3

 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.
   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.
   §  2.  The retirement and social security law is amended by adding two
 new sections 607-i and 607-j to read as follows:
   § 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

 S. 6529                             4
 
 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  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.
   § 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

 S. 6529                             5
 
 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 CHAPTER, SUBJECT TO THE
 PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
   § 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).
   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 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, 2018 would be approximately $24,000.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of $202,000 which will be  borne  by  the
 state  of  New York as a one-time payment. This estimate is based on the
 assumption that payment will be made on February 1, 2018.
   These estimated costs are based on 61 members having an annual  salary
 for the fiscal year ending March 31, 2016 of approximately $3.7 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, 2016  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2016
 Report of the  Actuary  and  the  2016  Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2015
 and 2016 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, 2016
 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  May 26, 2017, and intended for use only during
 the 2017 Legislative Session, is Fiscal Note No.  2017-60,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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Senate Bill S6529

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Sponsored By

Terrence Murphy