S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7974
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 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 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-
 NANCE SUPERVISOR STRUCTURE E PLUMBING ONE, MAINTENANCE SUPERVISOR STRUC-
 TURE  E  PLUMBING ONE BUSES, MAINTENANCE SUPERVISOR STRUCTURE F PAINTING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08557-02-1

 A. 7974                             2
 
 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
 ELEVATED,  TRANSIT  ELECTRONIC MECHANICAL MAINTAINER HEATING VENTILATION
 AND COOLING, TRANSIT ELECTRONIC MECHANICAL MAINTAINER VENTILATION, TRAN-

 A. 7974                             3
 
 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
 ADMINISTRATION  AND  TIMEKEEPING,  SUPERVISOR INFRASTRUCTURE, SUPERVISOR
 MAINTENANCE, SUPERVISOR STATION ONE, TRAIN SERVICE  SUPERVISOR,  TRANSIT

 A. 7974                             4
 
 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.
   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

 A. 7974                             5
 
 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 qualifying lung disease was caused by employ-
 ment for Transit, the diagnosis  of  disabling  lung  disease  would  be
 presumptive  evidence  that such disability was incurred in the perform-
 ance 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 could potentially be diagnosed with
 disabling lung disease and who would benefit from  the  proposed  legis-
 lation.
   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 eventually retired for service if the
 proposed legislation were not passed.
   With respect to an individual member,  the  additional  cost  of  this
 proposed legislation could vary greatly depending on the member's length

 A. 7974                             6
 
 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
 $395,700, on average for each occurrence of lung disease for members who
 would benefit from the proposed legislation.  The  proposed  legislation
 would also decrease the Present Value of member contributions by approx-
 imately  $17,000,  on  average,  for  a net result of an increase in the
 Present Value of future employer contributions of approximately $412,700
 for each occurrence of disabling 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 Present Value of future employer contributions will be
 financed over the same time period used for actuarial losses in  accord-
 ance  with  Section 13-638.2(k-2) of the ACCNY. Using this approach, the
 additional Present Value of future employer contributions would be amor-
 tized 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 described
 below, the enactment  of  this  proposed  legislation  is  estimated  to
 increase  annual  employer  contributions  by  approximately $48,800, 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.
   CENSUS DATA: The estimates presented herein are based  on  the  census
 data  used  in  the June 30, 2020 (Lag) actuarial valuation of NYCERS to
 determine the Preliminary Fiscal Year 2022 employer contributions.
   There are 27,854 active Transit Authority employees who participate in
 NYCERS as of June 30,  2020  who  could  potentially  benefit  from  the
 proposed  legislation. These 27,854 active Transit Authority members had
 an average age of approximately 48.6 years, average service of  approxi-
 mately 11.7 years, and an average salary of approximately $82,500.
   ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
 future   employer   contributions   and  annual  employer  contributions
 presented herein have been calculated based on the actuarial assumptions
 and methods in effect for the June 30, 2019 (Lag)  actuarial  valuations
 used  to  determine  the  Preliminary Fiscal Year 2021 employer contrib-
 utions of NYCERS.
   The Actuary is proposing a set of changes for use beginning  with  the
 June  30,  2019  (Lag)  actuarial  valuations of NYCERS to determine the
 Final Fiscal Year 2021 Employer Contributions (2021 A&M).  If  the  2021
 A&M  is  enacted, it is estimated that it would produce Present Value of

 A. 7974                             7
 
 future employer contributions and annual employer contributions  results
 that are not materially different than the results shown above.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the realization of the actuarial assumptions used, as well  as
 certain  demographic  characteristics  of  NYCERS  and  other  exogenous
 factors such as investment, contribution, and  other  risks.  If  actual
 experience  deviates  from actuarial 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.
   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.
   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 2021-37 dated May 28,
 2021 was prepared by the Chief Actuary for the New York City  Employees'
 Retirement  System.  This  estimate  is intended for use only during the
 2021 Legislative Session.