S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6039--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11234-02-9

 S. 6039--A                          2
 
 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
 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

 S. 6039--A                          3
 
 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.
   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

 S. 6039--A                          4
 
 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-
 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.

 S. 6039--A                          5
 
   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 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.

 S. 6039--A                          6
 
   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.
   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,

 S. 6039--A                          7
 
 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.
   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.