S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8537
 
                             I N  S E N A T E
 
                               June 9, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the retirement and social security law, in  relation  to
   providing  a  heart  disease  presumption for certain fire marshals in
   Nassau county
 
   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 FIRE MARSHAL, SUPERVISING FIRE MARSHAL,
 DIVISION SUPERVISING FIRE MARSHAL, ASSISTANT CHIEF FIRE  MARSHAL,  CHIEF
 FIRE  MARSHAL  OR  FIRE  MARSHAL  TRAINEE  EMPLOYED BY NASSAU COUNTY WHO
 CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES  OF
 THE HEART, RESULTING IN DISABILITY OR DEATH TO SUCH FIRE MARSHAL, SUPER-
 VISING  FIRE MARSHAL, DIVISION SUPERVISING FIRE MARSHAL, ASSISTANT CHIEF
 FIRE MARSHAL, CHIEF FIRE MARSHAL  OR  FIRE  MARSHAL  TRAINEE,  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
 FIRE  MARSHAL,  SUPERVISING  FIRE  MARSHAL,  DIVISION  SUPERVISING  FIRE
 MARSHAL,  ASSISTANT  CHIEF  FIRE  MARSHAL,  CHIEF  FIRE  MARSHAL OR FIRE
 MARSHAL TRAINEE  SUCCESSFULLY PASSED A PHYSICAL EXAMINATION WHICH FAILED
 TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART.
   § 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  FIRE  MARSHAL, SUPERVISING FIRE
 MARSHAL,  DIVISION  SUPERVISING  FIRE  MARSHAL,  ASSISTANT  CHIEF   FIRE
 MARSHAL,  CHIEF  FIRE MARSHAL OR FIRE MARSHAL TRAINEE EMPLOYED BY NASSAU
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15747-02-0

 S. 8537                             2
 
 COUNTY WHO CONTRACTS ANY CONDITION OF IMPAIRMENT  OF  HEALTH  CAUSED  BY
 DISEASES  OF  THE  HEART,  RESULTING IN DISABILITY OR DEATH TO SUCH FIRE
 MARSHAL, SUPERVISING FIRE MARSHAL, DIVISION  SUPERVISING  FIRE  MARSHAL,
 ASSISTANT  CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL OR FIRE MARSHAL TRAIN-
 EE, 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
 COMPETENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE,
 SUCH FIRE MARSHAL, SUPERVISING FIRE MARSHAL, DIVISION  SUPERVISING  FIRE
 MARSHAL,  ASSISTANT  CHIEF  FIRE  MARSHAL,  CHIEF  FIRE  MARSHAL OR FIRE
 MARSHAL TRAINEE SUCCESSFULLY PASSED A PHYSICAL EXAMINATION WHICH  FAILED
 TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART.
   §  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 by Nassau  County  as  chief
 fire  marshal,  assistant  chief fire marshal, division supervising fire
 marshal, supervising fire marshal, fire marshal and fire marshal trainee
 to receive an accidental disability benefit if the  member  is  impaired
 due  to  a  condition  of  the  heart as a result of an accident, in the
 performance of his or her duties,  unless  the  contrary  be  proven  by
 competent  evidence.  The  annual  benefit would be 3/4 of final average
 salary less worker's compensation.
   If this bill is enacted during the 2020 legislative session, it  would
 lead  to more disabilities being classified as "accidental". The cost of
 the revised benefit will depend upon the applicant's age, service, sala-
 ry, plan, and benefit type otherwise payable.
 
 Benefit without enactment:       None        Ordinary     Service
                                              Disability
 Cost for revised benefit:        7.5 times   3 times      1 times
                                  salary      salary       salary
   However, we  anticipate  that  few  additional  accidental  disability
 retirements  will be granted, and thus, the resulting costs are expected
 to 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, 2019 actuarial valu-
 ation.  Distributions and other statistics can  be  found  In  the  2019
 Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016, 2017, 2018, and 2019 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, 2019
 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.

 S. 8537                             3
 
   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 March 16, 2020, and intended for use only during
 the 2020 Legislative Session, is Fiscal Note No.  2020-92,  prepared  by
 the Actuary for the New York State and Local Retirement System.