S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4454
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 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
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08529-02-1

 A. 4454                             2
 
 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:
   Membership  data as of March 31, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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.

 A. 4454                             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  February  1,  2021,  and intended for use only
 during the  2021  Legislative  Session,  is  Fiscal  Note  No.  2021-73,
 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
 ________________________________________________________________________
 
                                  4454--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. ABBATE, GRIFFIN -- read once and referred to the
   Committee on Governmental Employees -- recommitted to the Committee on
   Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
   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-i to read as follows:
   § 63-I. 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-g to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08529-03-2
              

 A. 4454--A                          2
 
   § 605-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 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 (NYSLERS) 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 NYSLERS.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
 A. 4454--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  December  22,  2022, and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-47,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.