S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5301
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 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
 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.

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

                                                            LBD08624-02-9

 A. 5301                             2
 
   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, 2018 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2018
 Report  of  the  Actuary  and  the  2018  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  2017  and  2018  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, 2018
 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 fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated January 31,  2019,  and  intended  for  use  only
 during  the  2019  Legislative  Session,  is  Fiscal  Note  No. 2019-45,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.