S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9873
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 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 and the adminis-
   trative code of the city of New  York,  in  relation  to  establishing
   disability  retirement  benefits  for  certain  members who suffer any
   condition or impairment of health caused by diseases of the lung

   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
 a new section 605-f to read as follows:
   §  605-F.  DISABILITY RETIREMENT FOR CERTAIN NEW YORK CITY MEMBERS. A.
 FOR THE PURPOSES OF THIS SECTION, A "NEW YORK CITY MEMBER" SHALL MEAN  A
 MEMBER  EMPLOYED  IN  ANY  OF  THE FOLLOWING TITLES:   ASSOCIATE TRANSIT
 CUSTOMER SERVICE SPECIALIST TWO, ASSISTANT TRAIN DISPATCHER,  COLLECTION
 SUPERVISOR  ONE,  DISPATCHER  ONE,  DISPATCHER RAPID TRANSIT OPERATIONS,
 ELECTRICAL SUPERVISOR, ELECTRONIC SUPERVISOR, LOCOMOTIVE ENGINE INSTRUC-
 TOR SUPERVISOR, MAINTENANCE OF WAY  INSTRUCTOR  SUPERVISOR,  MAINTENANCE
 SUPERVISOR  CAR EQUIPMENT ONE, MAINTENANCE SUPERVISOR ELECTRIC EQUIPMENT
 ONE, MAINTENANCE SUPERVISOR ELECTRIC POWER ONE,  MAINTENANCE  SUPERVISOR
 ELEVATED  ONE, MAINTENANCE SUPERVISOR LIGHTING ONE, MAINTENANCE SUPERVI-
 SOR LIGHTING ONE BUSES, MAINTENANCE SUPERVISOR POWER CABLES ONE, MAINTE-
 NANCE SUPERVISOR POWER DISTRIBUTION ONE,  MAINTENANCE  SUPERVISOR  POWER
 ELECTRON ONE, MAINTENANCE SUPERVISOR REVENUE ONE, MAINTENANCE SUPERVISOR
 SIGNALS  ONE,  MAINTENANCE SUPERVISOR STORES ONE, MAINTENANCE SUPERVISOR
 STRUCTURE A CARPENTRY ONE  BUSES,  MAINTENANCE  SUPERVISOR  STRUCTURE  A
 CARPENTRY  ONE,  MAINTENANCE SUPERVISOR STRUCTURE B MASONRY ONE, MAINTE-
 NANCE SUPERVISOR STRUCTURE B MASONRY ONE BUSES,  MAINTENANCE  SUPERVISOR
 STRUCTURE  C  IRONWORK  ONE, MAINTENANCE SUPERVISOR STRUCTURE C IRONWORK
 ONE BUSES, MAINTENANCE SUPERVISOR STRUCTURE D  SHEETMETAL  ONE,  MAINTE-
 NANCE SUPERVISOR STRUCTURE E PLUMBING ONE, MAINTENANCE SUPERVISOR STRUC-
 TURE  E  PLUMBING ONE BUSES, MAINTENANCE SUPERVISOR STRUCTURE F PAINTING
 ONE, MAINTENANCE SUPERVISOR STRUCTURE F PAINTING ONE BUSES,  MAINTENANCE
 SUPERVISOR STRUCTURE H AIR COOLING AND HEATING ONE, MAINTENANCE SUPERVI-
 SOR  STRUCTURE H AIR COOLING AND HEATING ONE BUSES, MAINTENANCE SUPERVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11234-03-9

 A. 9873                             2
 
 SOR SURFACE ONE,  MAINTENANCE  SUPERVISOR  TELEPHONES  ONE,  MAINTENANCE
 SUPERVISOR  TRACK EQUIPMENT ONE, MAINTENANCE SUPERVISOR TRACK ONE, MAIN-
 TENANCE SUPERVISOR VENTILATION AND DRAINAGE ONE, MAINTENANCE  SUPERVISOR
 VENTILATION  ONE  BUSES,  POWERS  AND  SIGNALS SUPERVISOR, STATEN ISLAND
 RAILWAY  OPERATIONS  SUPERVISOR,  STOREROOM  SUPERVISOR,  SUPERINTENDENT
 ADMINISTRATION  AND  TIMEKEEPING,  SUPERVISOR INFRASTRUCTURE, SUPERVISOR
 MAINTENANCE, SUPERVISOR STATION ONE, TRAIN SERVICE  SUPERVISOR,  TRANSIT
 PROPERTY  PROTECTION SUPERVISOR ONE, YARD DISPATCHER RAPID TRANSIT OPER-
 ATIONS,  COLLECTION  SUPERVISOR  REVENUE  TWO,  DISPATCHER  ONE  SURFACE
 QUEENS, MAINTENANCE SUPERVISOR CAR EQUIPMENT TWO, MAINTENANCE SUPERVISOR
 ELECTRIC EQUIPMENT TWO, MAINTENANCE SUPERVISOR ELECTRIC POWER TWO, MAIN-
 TENANCE  SUPERVISOR  ELEVATED  TWO, MAINTENANCE SUPERVISOR LIGHTING TWO,
 MAINTENANCE SUPERVISOR POWER CABLES TWO,  MAINTENANCE  SUPERVISOR  POWER
 DISTRIBUTION TWO, MAINTENANCE SUPERVISOR REVENUE TWO, MAINTENANCE SUPER-
 VISOR  SIGNALS  TWO,  MAINTENANCE  SUPERVISOR STRUCTURE A CARPENTER TWO,
 MAINTENANCE SUPERVISOR STRUCTURE B MASONRY TWO,  MAINTENANCE  SUPERVISOR
 STRUCTURE  C IRONWORK TWO, MAINTENANCE SUPERVISOR STRUCTURE D SHEETMETAL
 TWO, MAINTENANCE SUPERVISOR STRUCTURE E PLUMBING TWO, MAINTENANCE SUPER-
 VISOR STRUCTURE F PAINTING TWO, MAINTENANCE SUPERVISOR STRUCTURE  H  AIR
 COOL  TWO, MAINTENANCE SUPERVISOR SURFACE ONE QUEENS, MAINTENANCE SUPER-
 VISOR TELEPHONES TWO, MAINTENANCE SUPERVISOR TRACK EQUIPMENT TWO,  MAIN-
 TENANCE  SUPERVISOR  TRACK  TWO, MAINTENANCE SUPERVISOR VENTILATION TWO,
 SUPERVISOR STATION TWO, TRANSIT PROPERTY PROTECTION TWO,  CAR  INSPECTOR
 ASSIGNMENT  A,  CAR  INSPECTOR  ASSIGNMENT  B, CAR INSPECTOR B 01-E, CAR
 MAINTAINER B, CAR MAINTAINER B 01-E, CAR MAINTAINER C,  CLEANER  (LABOR)
 STATION MAINTENANCE HELPER, CLEANER (TRANSIT AUTHORITY LABOR) AMALGAMAT-
 ED  TRANSIT  UNION  Q1056, CLEANER (TRANSIT AUTHORITY LABOR) AMALGAMATED
 TRANSIT UNION S1726, CLEANER (TRANSIT AUTHORITY  LABOR)  TWU  LOCAL  100
 01-D,  CLEANER/ STATION MAINTENANCE HELPER, COLLECTING AGENT, COLLECTING
 AGENT 01-F, CONDUCTOR  (CONSTRUCTION  AND  FLAGGING),  CONDUCTOR,  LIGHT
 MAINTAINER,  MAINTAINER  (ELECTRONIC EQUIPMENT), MAINTAINER ONE (REVENUE
 EQUIPMENT), MECHANICAL  MAINTAINER  C,  POWER  CABLE  MAINTAINER,  POWER
 DISTRIBUTION  MAINTAINER,  POWER ELECTRONIC MAINTAINER, POWER ELECTRONIC
 TECHNICIAN, POWER MAINTAINER B,  QUALITY  CONTROL  SPECIALIST,  RAILROAD
 STOCK  WORKER  ONE,  RAILROAD  STOCK WORKER TWO, RAILROAD TRACK CLEANER,
 ROAD CAR INSPECTOR, SIGNAL MAINTAINER, STATION AGENT NON AUTOMATED  FARE
 COLLECTION,  STATION AGENT AUTOMATED FARE COLLECTION, STATION AGENT PAID
 AS COLLECTING AGENT, STRUCTURE MAINTAINER  A,  STRUCTURE  MAINTAINER  B,
 STRUCTURE  MAINTAINER C, STRUCTURE MAINTAINER D, STRUCTURE MAINTAINER E,
 STRUCTURE MAINTAINER F, STRUCTURE MAINTAINER  G,  TA  ELECTRONIC  HELPER
 POWER  DISTRIBUTION  01-F,  TA ELECTRONIC MECHANICAL MAINTENANCE (VENTI-
 LATION) 01-E, TA ELECTRONIC HELPER LIGHTING 01-F, TA  ELECTRONIC  HELPER
 POWER  01-F, TA ELECTRONIC HELPER SIGNALS 01-F, TA ELECTRONIC MECHANICAL
 MAINTENANCE 01-E, TA ELECTRONIC MECHANICAL  MAINTENANCE  HEATING  VENTI-
 LATION  AND  COOLING  01-E, TA PROPERTY PROTECTION AGENT 01-F, TELEPHONE
 MAINTAINER, TOWER OPERATOR, TRACK EQUIPMENT  MAINTAINER,  TRACK  WORKER,
 TRACK  WORKER  (SPECIALIST),  TRAIN  OPERATOR  (REVENUE VEHICLES), TRAIN
 OPERATOR (YARD), TRANSIT ELECTRONIC HELPER ELEVATED, TRANSIT  ELECTRONIC
 HELPER  LIGHTING,  TRANSIT  ELECTRONIC  HELPER POWER, TRANSIT ELECTRONIC
 HELPER POWER DISTRIBUTION, TRANSIT ELECTRONIC  HELPER  SIGNALS,  TRANSIT
 ELECTRICAL   APPRENTICE,   TRANSIT   ELECTRONIC   MECHANICAL  MAINTAINER
 ELEVATED, TRANSIT ELECTRONIC MECHANICAL MAINTAINER  HEATING  VENTILATION
 AND COOLING, TRANSIT ELECTRONIC MECHANICAL MAINTAINER VENTILATION, TRAN-
 SIT PROPERTY PROTECTION AGENT, TRANSIT RAILCAR TECHNICAL SPECIALIST ONE,
 TRANSIT  RAILCAR  TECHNICAL  SPECIALIST  ONE OPERATIONS, TRANSIT RAILCAR
 TECHNICAL SPECIALIST TWO, TRANSIT RAILCAR TECHNICAL SPECIALIST TWO OPER-

 A. 9873                             3
 
 ATIONS, TRANSIT RAILCAR  TECHNICAL  SPECIALIST  THREE,  TRANSIT  RAILCAR
 TECHNICAL   SPECIALIST   THREE  OPERATIONS,  TRANSIT  RAILCAR  TECHNICAL
 SPECIALIST FOUR, TRANSIT RAILCAR TECHNICAL  SPECIALIST  FOUR  OPERATIONS
 AND TRANSIT RAILCAR TECHNICAL SPECIALIST INTERN.
   B.  A  NEW YORK CITY MEMBER SHALL BE ENTITLED TO DISABILITY RETIREMENT
 ALLOWANCE, IF, AT THE TIME APPLICATION THEREFOR IS FILED, SUCH MEMBER IS
 PHYSICALLY INCAPACITATED FOR PERFORMANCE OF DUTY  AS  A  RESULT  OF  ANY
 CONDITION  OF  IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE LUNG WHILE
 SO EMPLOYED AND AS A RESULT OF HIS OR HER EMPLOYMENT.
   C. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
 SPECIAL  OR  LOCAL  LAW TO THE CONTRARY, ANY NEW YORK CITY MEMBER WHO IS
 DIAGNOSED WITH ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY  DISEASES
 OF THE LUNG, RESULTING IN DISABILITY TO SUCH MEMBER, PRESENTLY EMPLOYED,
 AND  WHO  SHALL  HAVE SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, SHALL
 HAVE SUCH DIAGNOSIS BE PRESUMPTIVE EVIDENCE  THAT  SUCH  DISABILITY  WAS
 INCURRED  IN  THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS THE CONTRARY
 BE PROVEN BY COMPETENT EVIDENCE.
   D. THE ANNUAL RETIREMENT ALLOWANCE  PAYABLE  SHALL  BE  EQUAL  TO  THE
 THREE-QUARTERS  OF  HIS  OR HER FINAL AVERAGE SALARY, SUBJECT TO SECTION
 13-176 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 13-168.1 to read as follows:
   § 13-168.1 DISABILITY RETIREMENT FOR CERTAIN NEW YORK CITY MEMBERS. A.
 FOR  THE PURPOSES OF THIS SECTION, A "NEW YORK CITY MEMBER" SHALL MEAN A
 MEMBER EMPLOYED IN ANY OF  THE  FOLLOWING  TITLES:    ASSOCIATE  TRANSIT
 CUSTOMER  SERVICE SPECIALIST TWO, ASSISTANT TRAIN DISPATCHER, COLLECTION
 SUPERVISOR ONE, DISPATCHER ONE,  DISPATCHER  RAPID  TRANSIT  OPERATIONS,
 ELECTRICAL SUPERVISOR, ELECTRONIC SUPERVISOR, LOCOMOTIVE ENGINE INSTRUC-
 TOR  SUPERVISOR,  MAINTENANCE  OF WAY INSTRUCTOR SUPERVISOR, MAINTENANCE
 SUPERVISOR CAR EQUIPMENT ONE, MAINTENANCE SUPERVISOR ELECTRIC  EQUIPMENT
 ONE,  MAINTENANCE  SUPERVISOR ELECTRIC POWER ONE, MAINTENANCE SUPERVISOR
 ELEVATED ONE, MAINTENANCE SUPERVISOR LIGHTING ONE, MAINTENANCE  SUPERVI-
 SOR LIGHTING ONE BUSES, MAINTENANCE SUPERVISOR POWER CABLES ONE, MAINTE-
 NANCE  SUPERVISOR  POWER  DISTRIBUTION ONE, MAINTENANCE SUPERVISOR POWER
 ELECTRON ONE, MAINTENANCE SUPERVISOR REVENUE ONE, MAINTENANCE SUPERVISOR
 SIGNALS ONE, MAINTENANCE SUPERVISOR STORES ONE,  MAINTENANCE  SUPERVISOR
 STRUCTURE  A  CARPENTRY  ONE  BUSES,  MAINTENANCE SUPERVISOR STRUCTURE A
 CARPENTRY ONE, MAINTENANCE SUPERVISOR STRUCTURE B MASONRY  ONE,  MAINTE-
 NANCE  SUPERVISOR  STRUCTURE B MASONRY ONE BUSES, MAINTENANCE SUPERVISOR
 STRUCTURE C IRONWORK ONE, MAINTENANCE SUPERVISOR  STRUCTURE  C  IRONWORK
 ONE  BUSES,  MAINTENANCE  SUPERVISOR STRUCTURE D SHEETMETAL ONE, MAINTE-
 NANCE SUPERVISOR STRUCTURE E PLUMBING ONE, MAINTENANCE SUPERVISOR STRUC-
 TURE E PLUMBING ONE BUSES, MAINTENANCE SUPERVISOR STRUCTURE  F  PAINTING
 ONE,  MAINTENANCE SUPERVISOR STRUCTURE F PAINTING ONE BUSES, MAINTENANCE
 SUPERVISOR STRUCTURE H AIR COOLING AND HEATING ONE, MAINTENANCE SUPERVI-
 SOR STRUCTURE H AIR COOLING AND HEATING ONE BUSES, MAINTENANCE  SUPERVI-
 SOR  SURFACE  ONE,  MAINTENANCE  SUPERVISOR  TELEPHONES ONE, MAINTENANCE
 SUPERVISOR TRACK EQUIPMENT ONE, MAINTENANCE SUPERVISOR TRACK ONE,  MAIN-
 TENANCE  SUPERVISOR VENTILATION AND DRAINAGE ONE, MAINTENANCE SUPERVISOR
 VENTILATION ONE BUSES, POWERS  AND  SIGNALS  SUPERVISOR,  STATEN  ISLAND
 RAILWAY  OPERATIONS  SUPERVISOR,  STOREROOM  SUPERVISOR,  SUPERINTENDENT
 ADMINISTRATION AND TIMEKEEPING,  SUPERVISOR  INFRASTRUCTURE,  SUPERVISOR
 MAINTENANCE,  SUPERVISOR  STATION ONE, TRAIN SERVICE SUPERVISOR, TRANSIT
 PROPERTY PROTECTION SUPERVISOR ONE, YARD DISPATCHER RAPID TRANSIT  OPER-
 ATIONS,  COLLECTION  SUPERVISOR  REVENUE  TWO,  DISPATCHER  ONE  SURFACE
 QUEENS, MAINTENANCE SUPERVISOR CAR EQUIPMENT TWO, MAINTENANCE SUPERVISOR

 A. 9873                             4
 
 ELECTRIC EQUIPMENT TWO, MAINTENANCE SUPERVISOR ELECTRIC POWER TWO, MAIN-
 TENANCE SUPERVISOR ELEVATED TWO, MAINTENANCE  SUPERVISOR  LIGHTING  TWO,
 MAINTENANCE  SUPERVISOR  POWER  CABLES TWO, MAINTENANCE SUPERVISOR POWER
 DISTRIBUTION TWO, MAINTENANCE SUPERVISOR REVENUE TWO, MAINTENANCE SUPER-
 VISOR  SIGNALS  TWO,  MAINTENANCE  SUPERVISOR STRUCTURE A CARPENTER TWO,
 MAINTENANCE SUPERVISOR STRUCTURE B MASONRY TWO,  MAINTENANCE  SUPERVISOR
 STRUCTURE  C IRONWORK TWO, MAINTENANCE SUPERVISOR STRUCTURE D SHEETMETAL
 TWO, MAINTENANCE SUPERVISOR STRUCTURE E PLUMBING TWO, MAINTENANCE SUPER-
 VISOR STRUCTURE F PAINTING TWO, MAINTENANCE SUPERVISOR STRUCTURE  H  AIR
 COOL  TWO, MAINTENANCE SUPERVISOR SURFACE ONE QUEENS, MAINTENANCE SUPER-
 VISOR TELEPHONES TWO, MAINTENANCE SUPERVISOR TRACK EQUIPMENT TWO,  MAIN-
 TENANCE  SUPERVISOR  TRACK  TWO, MAINTENANCE SUPERVISOR VENTILATION TWO,
 SUPERVISOR STATION TWO, TRANSIT PROPERTY PROTECTION TWO,  CAR  INSPECTOR
 ASSIGNMENT  A,  CAR  INSPECTOR  ASSIGNMENT  B, CAR INSPECTOR B 01-E, CAR
 MAINTAINER B, CAR MAINTAINER B 01-E, CAR MAINTAINER C,  CLEANER  (LABOR)
 STATION MAINTENANCE HELPER, CLEANER (TRANSIT AUTHORITY LABOR) AMALGAMAT-
 ED  TRANSIT  UNION  Q1056, CLEANER (TRANSIT AUTHORITY LABOR) AMALGAMATED
 TRANSIT UNION S1726, CLEANER (TRANSIT AUTHORITY  LABOR)  TWU  LOCAL  100
 01-D,  CLEANER/ STATION MAINTENANCE HELPER, COLLECTING AGENT, COLLECTING
 AGENT 01-F, CONDUCTOR  (CONSTRUCTION  AND  FLAGGING),  CONDUCTOR,  LIGHT
 MAINTAINER,  MAINTAINER  (ELECTRONIC EQUIPMENT), MAINTAINER ONE (REVENUE
 EQUIPMENT), MECHANICAL  MAINTAINER  C,  POWER  CABLE  MAINTAINER,  POWER
 DISTRIBUTION  MAINTAINER,  POWER ELECTRONIC MAINTAINER, POWER ELECTRONIC
 TECHNICIAN, POWER MAINTAINER B,  QUALITY  CONTROL  SPECIALIST,  RAILROAD
 STOCK  WORKER  ONE,  RAILROAD  STOCK WORKER TWO, RAILROAD TRACK CLEANER,
 ROAD CAR INSPECTOR, SIGNAL MAINTAINER, STATION AGENT NON AUTOMATED  FARE
 COLLECTION,  STATION AGENT AUTOMATED FARE COLLECTION, STATION AGENT PAID
 AS COLLECTING AGENT, STRUCTURE MAINTAINER  A,  STRUCTURE  MAINTAINER  B,
 STRUCTURE  MAINTAINER C, STRUCTURE MAINTAINER D, STRUCTURE MAINTAINER E,
 STRUCTURE MAINTAINER F, STRUCTURE MAINTAINER  G,  TA  ELECTRONIC  HELPER
 POWER  DISTRIBUTION  01-F,  TA ELECTRONIC MECHANICAL MAINTENANCE (VENTI-
 LATION) 01-E, TA ELECTRONIC HELPER LIGHTING 01-F, TA  ELECTRONIC  HELPER
 POWER  01-F, TA ELECTRONIC HELPER SIGNALS 01-F, TA ELECTRONIC MECHANICAL
 MAINTENANCE 01-E, TA ELECTRONIC MECHANICAL  MAINTENANCE  HEATING  VENTI-
 LATION  AND  COOLING  01-E, TA PROPERTY PROTECTION AGENT 01-F, TELEPHONE
 MAINTAINER, TOWER OPERATOR, TRACK EQUIPMENT  MAINTAINER,  TRACK  WORKER,
 TRACK  WORKER  (SPECIALIST),  TRAIN  OPERATOR  (REVENUE VEHICLES), TRAIN
 OPERATOR (YARD), TRANSIT ELECTRONIC HELPER ELEVATED, TRANSIT  ELECTRONIC
 HELPER  LIGHTING,  TRANSIT  ELECTRONIC  HELPER POWER, TRANSIT ELECTRONIC
 HELPER POWER DISTRIBUTION, TRANSIT ELECTRONIC  HELPER  SIGNALS,  TRANSIT
 ELECTRICAL   APPRENTICE,   TRANSIT   ELECTRONIC   MECHANICAL  MAINTAINER
 ELEVATED, TRANSIT ELECTRONIC MECHANICAL MAINTAINER  HEATING  VENTILATION
 AND COOLING, TRANSIT ELECTRONIC MECHANICAL MAINTAINER VENTILATION, TRAN-
 SIT PROPERTY PROTECTION AGENT, TRANSIT RAILCAR TECHNICAL SPECIALIST ONE,
 TRANSIT  RAILCAR  TECHNICAL  SPECIALIST  ONE OPERATIONS, TRANSIT RAILCAR
 TECHNICAL SPECIALIST TWO, TRANSIT RAILCAR TECHNICAL SPECIALIST TWO OPER-
 ATIONS, TRANSIT RAILCAR  TECHNICAL  SPECIALIST  THREE,  TRANSIT  RAILCAR
 TECHNICAL   SPECIALIST   THREE  OPERATIONS,  TRANSIT  RAILCAR  TECHNICAL
 SPECIALIST FOUR, TRANSIT RAILCAR TECHNICAL  SPECIALIST  FOUR  OPERATIONS
 AND TRANSIT RAILCAR TECHNICAL SPECIALIST INTERN.
   B.  A  NEW YORK CITY MEMBER SHALL BE ENTITLED TO DISABILITY RETIREMENT
 ALLOWANCE, IF, AT THE TIME APPLICATION THEREFOR IS FILED, SUCH MEMBER IS
 PHYSICALLY INCAPACITATED FOR PERFORMANCE OF DUTY  AS  A  RESULT  OF  ANY
 CONDITION  OF  IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE LUNG WHILE
 SO EMPLOYED AND AS A RESULT OF HIS OR HER EMPLOYMENT.

 A. 9873                             5
 
   C. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
 SPECIAL  OR  LOCAL  LAW TO THE CONTRARY, ANY NEW YORK CITY MEMBER WHO IS
 DIAGNOSED WITH ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY  DISEASES
 OF THE LUNG, RESULTING IN DISABILITY TO SUCH MEMBER, PRESENTLY EMPLOYED,
 AND  WHO  SHALL  HAVE SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, SHALL
 HAVE SUCH DIAGNOSIS BE PRESUMPTIVE EVIDENCE  THAT  SUCH  DISABILITY  WAS
 INCURRED  IN  THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS THE CONTRARY
 BE PROVEN BY COMPETENT EVIDENCE.
   D. THE ANNUAL RETIREMENT ALLOWANCE  PAYABLE  SHALL  BE  EQUAL  TO  THE
 THREE-QUARTERS  OF  HIS  OR HER FINAL AVERAGE SALARY, SUBJECT TO SECTION
 13-176 OF THIS CHAPTER.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY OF BILL: This proposed legislation would amend the  Retirement
 and Social Security Law (RSSL) to add a new Section 605-f and the Admin-
 istrative  Code  of  the City of New   York (ACCNY) to add a new Section
 13-168.1 to provide a rebuttable statutory presumption to members of the
 New York City Employees' Retirement System (NYCERS) working  in  certain
 enumerated  titles  as  employees of the New York City Transit Authority
 (Transit) who become physically incapacitated due to  lung  disease  and
 provide  a  performance of duty disability retirement benefit equivalent
 to 75% of the member's Final Average Salary (FAS).
   In determining whether disabling lung disease was caused by employment
 for Transit, the diagnosis of lung disease would be presumptive evidence
 that such disability was incurred in the performance  and  discharge  of
 duty, unless the contrary is proven by competent evidence.
   Effective Date: Upon enactment.
   IMPACT  ON BENEFITS PAYABLE: Under the proposed legislation, the bene-
 fits for active members of NYCERS working in certain Transit titles  who
 become  physically  incapacitated  for  performance  of duty due to lung
 disease would be revised to equal a retirement allowance of:
   * 75% multiplied by FAS,
   Reduced by:
   * 100% of Workers' Compensation benefits (if any) payable.
   FINANCIAL IMPACT - OVERVIEW: There is no data  available  to  estimate
 the  number  of  members  who  might develop and become disabled by lung
 disease, and potentially benefit from this proposed legislation.  There-
 fore,  the estimated financial impact has been calculated on a per event
 basis equal to the increase in the  Present  Value  of  Future  Benefits
 (PVFB)  for  an average member who is diagnosed with lung disease as the
 result of the enactment of the proposed legislation and who would  bene-
 fit from the proposed legislation.
   In  determining the increase in the PVFB for members who could benefit
 from the proposed legislation, it has  been  assumed  that  50%  of  the
 members who would retire with a performance of duty benefit equal to 75%
 of  FAS  were  those who would have retired under an Ordinary Disability
 Retirement (ODR) benefit. It was further assumed that the remaining  50%
 of  members  who  would  retire  with  a  75% of FAS performance of duty
 retirement benefit due to lung disease under this bill  were  those  who
 would  have  continued  working  and retired for service if the proposed
 legislation were not passed.
   With respect to an individual member,  the  additional  cost  of  this
 proposed legislation could vary greatly depending on the member's length
 of service, age, and salary history. In particular, the increase in PVFB
 due to the proposed legislation would be greater for a member who is not
 yet eligible for an ODR benefit when lung disease is diagnosed.

 A. 9873                             6
 
   FINANCIAL  IMPACT  -  PRESENT VALUES: Based on the census data and the
 actuarial assumptions and methods described  herein,  the  enactment  of
 this  proposed  legislation  would  increase  the  PVFB by approximately
 $350,000, on average for each occurrence of lung disease for members who
 would benefit from the proposed legislation.
   FINANCIAL  IMPACT  -  ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
 proposed legislation would increase employer contributions,  where  such
 amount  would  depend on the number of members affected as well as other
 characteristics including the age, years of service, and salary  history
 of the member.
   As  there  is  no  data  currently available to estimate the number of
 members who might be diagnosed with disabling lung disease,  the  finan-
 cial  impact  would  be  recognized  at the time of event. Consequently,
 changes in employer contributions have been estimated assuming that  the
 increase  in  the PVFB will be financed over a time period comparable to
 that used for actuarial losses under the Entry Age Normal  cost  method.
 Using  this  approach,  the  additional  PVFB  would be amortized over a
 closed 15-year period (14 payments under the One-Year  Lag  Methodology)
 using level dollar payments.
   Based  on the Actuary's actuarial assumptions and methods in effect as
 of June 30, 2018, the enactment of this proposed  legislation  is  esti-
 mated   to  increase  annual  employer  contributions  by  approximately
 $41,400, on average for each performance of duty retirement benefit  due
 to lung disease.
   With  respect to the timing, increases in employer contributions would
 depend upon when members would retire due to lung disease but,  general-
 ly,  increased employer contributions will first occur the second fiscal
 year following approval of the performance of duty disability benefit.
   OTHER COSTS: Not measured in this Fiscal Note are the following:
   * The initial, additional administrative costs of NYCERS and other New
 York City agencies to implement the proposed legislation.
   * The impact of this  proposed  legislation  on  Other  Postemployment
 Benefit (OPEB) costs.
   CENSUS  DATA:  The  estimates presented herein are based on the census
 data used in the Preliminary June 30, 2018 (Lag) actuarial valuation  of
 NYCERS  to  determine the Preliminary Fiscal Year 2020 employer contrib-
 utions.
   There are 27,743 active Transit Authority employees in affected titles
 who participate in NYCERS as of June  30,  2018  who  could  potentially
 benefit  from  the  proposed  legislation.  These  27,743 active Transit
 Authority members had an average age of approximately 48.6 years,  aver-
 age  service  of  approximately  12.5  years,  and  an average salary of
 approximately $79,600.
   ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the PVFB and  annual
 employer  contributions  presented  herein have been calculated based on
 the actuarial assumptions and methods in effect for the  June  30,  2018
 (Lag) actuarial valuations used to determine the Preliminary Fiscal Year
 2020 employer contributions of NYCERS.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the actuarial assumptions and methods used and are subject  to
 change  based  on  the realization of potential investment, demographic,
 contribution, and other risks. If actual experience deviates from  actu-
 arial  assumptions,  the  actual costs could differ from those presented
 herein. Costs are also dependent on  the  actuarial  methods  used,  and
 therefore  different  actuarial methods could produce different results.
 Quantifying these risks is beyond the scope of this Fiscal Note.

 A. 9873                             7
 
   STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief  Actu-
 ary  for,  and  independent of, the New York City Retirement Systems and
 Pension Funds. I am a Fellow of the Society of  Actuaries,  an  Enrolled
 Actuary under the Employee Retirement Income and Security Act of 1974, a
 Member of the American Academy of Actuaries, and a Fellow of the Confer-
 ence  of Consulting Actuaries. I meet the Qualification Standards of the
 American Academy of Actuaries to render the actuarial opinion  contained
 herein.  To  the best of my knowledge, the results contained herein have
 been prepared in accordance with generally accepted actuarial principles
 and procedures and with the Actuarial Standards of  Practice  issued  by
 the Actuarial Standards Board.
   FISCAL  NOTE  IDENTIFICATION:  This Fiscal Note 2019-39 dated June 18,
 2019 was prepared by the Chief Actuary for the New York City  Employees'
 Retirement  System.  This  estimate  is intended for use only during the
 2019 Legislative Session.