S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4574--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
   establishing  disability  retirement benefits for correction officers,
   correction supervisors, deputy  sheriff  patrols  and  deputy  sheriff
   patrol  supervisors  who  suffer any condition or impairment of health
   caused  by  methicillin  resistant  staphylococcus  aureus  (MRSA)  or
   Staph/MRSA
 
   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-g to read as follows:
   § 605-G. DISABILITY RETIREMENT  FOR  CORRECTION  OFFICERS,  CORRECTION
 SUPERVISORS,  DEPUTY  SHERIFF PATROLS AND DEPUTY SHERIFF PATROL SUPERVI-
 SORS. A. A MEMBER EMPLOYED AS A CORRECTION OFFICER, CORRECTION  SUPERVI-
 SOR,  DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR SHALL BE
 ENTITLED TO A DISABILITY RETIREMENT ALLOWANCE, IF, AT THE TIME  APPLICA-
 TION  THEREFOR  IS  FILED,  SUCH  MEMBER IS PHYSICALLY INCAPACITATED FOR
 PERFORMANCE OF DUTY AS A RESULT OF METHICILLIN RESISTANT  STAPHYLOCOCCUS
 AUREUS  (MRSA) OR STAPH/MRSA WHILE SO EMPLOYED AND AS A RESULT OF HIS OR
 HER EMPLOYMENT.
   B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR  OF  ANY  GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY CORRECTION OFFICER, CORRECTION
 SUPERVISOR,  DEPUTY  SHERIFF  PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR
 WHO IS DIAGNOSED WITH METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)
 OR  STAPH/MRSA,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08530-03-2
              

 A. 4574--A                          2
 
 DISABILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS
 THE  CONTRARY  BE  PROVEN BY COMPETENT EVIDENCE; PROVIDED, HOWEVER, THAT
 PRIOR TO ENTRY INTO SERVICE, SUCH CORRECTION OFFICER, CORRECTION  SUPER-
 VISOR,  DEPUTY  SHERIFF  PATROL  OR  DEPUTY  SHERIFF  PATROL  SUPERVISOR
 SUCCESSFULLY PASSED A PHYSICAL  EXAMINATION  WHICH  FAILED  TO  DISCLOSE
 EVIDENCE  OF  ANY  METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA) OR
 STAPH/MRSA.
   C. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE SHALL BE  EQUAL  TO  THREE-
 QUARTERS OF HIS OR HER FINAL AVERAGE SALARY.
   §  2. 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.
   § 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 (NYSLERS) employed as correction  officers,
 correction  supervisors, deputy sheriff patrol, or deputy sheriff patrol
 supervisors to receive a performance of duty disability benefit  of  75%
 of  final  average  salary  if  he or she is disabled due to job related
 contraction of methicillin resistant  staphylococcus  aureus  (MRSA)  or
 Staph/MRSA.  There  will be no reduction for any benefits received under
 Worker's Compensation.
   Insofar as this bill would affect the NYSLERS, if this legislation  is
 enacted during the 2022 legislative session, it would lead to more disa-
 bilities  being  classified  as  "in performance of duty". The cost will
 depend upon the applicant's age, service, salary, plan, and any  benefit
 type otherwise payable.
 
 Benefit without                Ordinary    Performance of
 enactment:            None    Disability   Duty Disability    Service
 Cost for proposed   11 times    6 times       3.5 times       3 times
 benefit:             salary     salary         salary         salary
 
   The  exact  number  of  current  members as well as future members and
 retirees who could be affected by this  legislation  cannot  be  readily
 determined.  All  costs  will be shared by the State of New York and the
 local 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.
   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.
 A. 4574--A                          3
 
   This  estimate,  dated  December  17,  2021, and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-30,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.