S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8558--A
 
                             I N  S E N A T E
 
                              March 14, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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, in  relation  to
   providing   a  heart  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 IS A
 MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM  AND
 CONTRACTS  ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF
 THE HEART, 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 HEART.
   § 2. The retirement and social security law is amended by adding a new
 section 605-g to read as follows:
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08487-08-2
 S. 8558--A                          2
 
 VISOR, DEPUTY SHERIFF PATROL OR DEPUTY SHERIFF PATROL SUPERVISOR WHO  IS
 A  MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
 AND CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES
 OF  THE HEART, RESULTING IN DISABILITY OR DEATH TO SUCH CORRECTION OFFI-
 CER, 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  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 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 (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 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. 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.
   Insofar  as  this  bill  affects  the  NYSLERS, if this legislation is
 enacted during the 2022 legislative session, it would lead to more disa-
 bilities being classified as "accidental". The cost of the revised bene-
 fit will depend upon the applicant's age,  service,  salary,  plan,  and
 benefit type otherwise 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.
 S. 8558--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  January  11,  2022,  and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-31,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.