S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3977
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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
   providing  a  lung  disease  presumption  for   correction   officers,
   correction supervisors, deputy sheriff patrol or deputy sheriff patrol
   supervisors
 
   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 63-g to read as follows:
   § 63-G. DISABILITY BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING ANY
 PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
 CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION SUPERVISOR,
 DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR WHO  CONTRACTS
 ANY  CONDITION  OF  IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE LUNG,
 RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER,  CORRECTION
 SUPERVISOR,  DEPUTY  SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR,
 PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH  DISABILITY  WHILE
 SO  EMPLOYED,  SHALL  BE  PRESUMPTIVE  EVIDENCE THAT SUCH DISABILITY WAS
 INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND  THE  NATURAL  AND
 PROXIMATE RESULT OF AN ACCIDENT, UNLESS THE CONTRARY BE PROVED BY COMPE-
 TENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE, SUCH
 CORRECTION  OFFICER,  CORRECTION  SUPERVISOR,  DEPUTY  SHERIFF PATROL OR
 DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
 TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR  OTHER  IMPAIR-
 MENT OF THE LUNG.
   § 2. The retirement and social security law is amended by adding a new
 section 605-f to read as follows:
   §  605-F.  DISABILITY  BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING
 ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
 THE CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION  SUPER-
 VISOR,  DEPUTY  SHERIFF  PATROL  OR DEPUTY SHERIFF PATROL SUPERVISOR WHO
 CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES  OF
 THE  LUNG,  RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER,
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09482-02-9

 S. 3977                             2

 CORRECTION SUPERVISOR, DEPUTY SHERIFF PATROL OR  DEPUTY  SHERIFF  PATROL
 SUPERVISOR,  PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH DISA-
 BILITY WHILE SO EMPLOYED, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH  DISA-
 BILITY  WAS  INCURRED  IN  THE PERFORMANCE AND DISCHARGE OF DUTY AND THE
 NATURAL AND PROXIMATE RESULT OF AN  ACCIDENT,  UNLESS  THE  CONTRARY  BE
 PROVED  BY  COMPETENT  EVIDENCE;  PROVIDED, HOWEVER, THAT PRIOR TO ENTRY
 INTO SERVICE, SUCH CORRECTION  OFFICER,  CORRECTION  SUPERVISOR,  DEPUTY
 SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A
 PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
 OTHER IMPAIRMENT OF THE LUNG.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would allow certain members of the New York State and Local
 Employees' Retirement system employed as correction officers, correction
 supervisors, deputy sheriff patrol, or deputy sheriff patrol supervisors
 to receive an accidental disability benefit if the  member  is  impaired
 due  to lung disease as the result of an accident, in the performance of
 his or her duties, unless the contrary be proven by competent  evidence.
 For  members  in tiers 1 and 2, the annual benefit would be 75% of final
 average salary (FAS) less worker's compensation. For members in tiers  3
 through  6  who  are covered under the provisions of Article 14-B of the
 Retirement and Social Security Law, the annual benefit would be  2/3  of
 FAS  less worker's compensation. For all other affected members in tiers
 3-6, the annual benefit would be 1/3 of FAS.
   If this bill is enacted, it would  lead  to  more  disabilities  being
 classified  as "accidental". The cost of the revised benefit will depend
 upon the applicant's age, service, salary, plan, and benefit type other-
 wise payable.
   However, we  anticipate  that  few  additional  accidental  disability
 retirements  will be granted, and thus, the resulting costs are expected
 to be negligible.
   Pursuant to Section 25 of the Retirement and Social Security Law,  all
 costs arising would be borne solely by the State of New York.
   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  February  12,  2019, and intended for use only
 during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-66,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3977--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   --  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
   providing   a   lung  disease  presumption  for  correction  officers,
   correction supervisors, deputy sheriff patrol or deputy sheriff patrol
   supervisors
 
   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 63-g to read as follows:
   § 63-G. DISABILITY BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING ANY
 PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
 CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION SUPERVISOR,
 DEPUTY  SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR WHO CONTRACTS
 ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES  OF  THE  LUNG,
 RESULTING  IN DISABILITY OR DEATH TO SUCH CORRECTION OFFICER, CORRECTION
 SUPERVISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF  PATROL  SUPERVISOR,
 PRESENTLY  EMPLOYED,  AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY WHILE
 SO EMPLOYED, SHALL BE PRESUMPTIVE  EVIDENCE  THAT  SUCH  DISABILITY  WAS
 INCURRED  IN  THE  PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL AND
 PROXIMATE RESULT OF AN ACCIDENT, UNLESS THE CONTRARY BE PROVED BY COMPE-
 TENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE, SUCH
 CORRECTION OFFICER, CORRECTION  SUPERVISOR,  DEPUTY  SHERIFF  PATROL  OR
 DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
 TION  WHICH  FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR-
 MENT OF THE LUNG.
   § 2. The retirement and social security law is amended by adding a new
 section 605-f to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09482-06-9
              

 S. 3977--A                          2
 
   § 605-F. DISABILITY BENEFITS;  CERTAIN  DISABILITIES.  NOTWITHSTANDING
 ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
 THE  CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION SUPER-
 VISOR, DEPUTY SHERIFF PATROL OR DEPUTY  SHERIFF  PATROL  SUPERVISOR  WHO
 CONTRACTS  ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF
 THE LUNG, RESULTING IN DISABILITY OR DEATH TO SUCH  CORRECTION  OFFICER,
 CORRECTION  SUPERVISOR,  DEPUTY  SHERIFF PATROL OR DEPUTY SHERIFF PATROL
 SUPERVISOR, PRESENTLY EMPLOYED, AND WHO SHALL HAVE SUSTAINED SUCH  DISA-
 BILITY  WHILE SO EMPLOYED, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH DISA-
 BILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE  OF  DUTY  AND  THE
 NATURAL  AND  PROXIMATE  RESULT  OF  AN ACCIDENT, UNLESS THE CONTRARY BE
 PROVED BY COMPETENT EVIDENCE; PROVIDED, HOWEVER,  THAT  PRIOR  TO  ENTRY
 INTO  SERVICE,  SUCH  CORRECTION  OFFICER, CORRECTION SUPERVISOR, DEPUTY
 SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SUCCESSFULLY PASSED A
 PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
 OTHER IMPAIRMENT OF THE LUNG.
   § 3. Notwithstanding any other provision of law to the contrary,  none
 of  the  provisions  of  this  act shall be subject to section 25 of the
 retirement and social security law.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow certain members of the New York State and  Local
 Employees'  Retirement  System  (ERS)  employed  as correction officers,
 correction supervisors, deputy sheriff patrol, or deputy sheriff  patrol
 supervisors to receive an accidental disability benefit if the member is
 impaired  due  to  lung  disease  as  the  result of an accident, in the
 performance of his or her duties,  unless  the  contrary  be  proven  by
 competent  evidence.  For  members  in tiers 1 and 2, the annual benefit
 would be 3/4 of final average salary (FAS) less  worker's  compensation.
 For members in tiers 3-6 who are covered under the provisions of Article
 14-B  of the Retirement and Social Security Law (RSSL), the annual bene-
 fit would be 2/3 of  FAS  less  worker's  compensation.  For  all  other
 affected  members  in tiers 3-6, the annual benefit would be 1/3 of FAS.
 The provisions of Section 25 of the RSSL will not apply.
   If this bill is enacted, it would  lead  to  more  disabilities  being
 classified  as "accidental". The cost of the revised benefit will depend
 upon the applicant's age, service, salary, plan, and benefit type other-
 wise payable.
   However, we  anticipate  that  few  additional  accidental  disability
 retirements  will be granted, and thus, the resulting costs are expected
 to be negligible.
   All costs arising from this bill would be shared by the State  of  New
 York and all of the participating employers in the ERS.
   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.

 S. 3977--A                          3
 
   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  May 13, 2019, and intended for use only during
 the 2019 Legislative Session, is Fiscal Note No. 2019-114,  prepared  by
 the Actuary for the New York State and Local Retirement System.