NY State Senate Bill 2021-S9210

Senate Bill S9210

2021-2022 Legislative Session

Establishes disability retirement benefits for certain members who suffer any condition or impairment of health caused by methicillin resistant staphylococcus aureus (MRSA) or Staph/MRSA

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to civil service and pensions

2021-S9210 (ACTIVE) - Details

See Assembly Version of this Bill:: A4574
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-g, R & SS L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A6242
2023-2024: A5712

2021-S9210 (ACTIVE) - Summary

Establishes 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; provides that such disability benefits shall be three-quarters of a member's final average salary.

2021-S9210 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9210

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill intends to provide correction officers, correction supervi-
sors, deputy sheriff patrols and deputy sheriff patrol supervisors a
proper pension in cases of employment related disabilities associated
with MRSA.

 
SUMMARY OF PROVISIONS:

This bill would provide a 75% accidental disability benefit for
correction officers, correction supervisors, deputy sheriff patrols and

deputy sheriff patrol supervisors under the assumption that methicillin
resistant staphylococcus aureus was contracted in the line of duty.

 
JUSTIFICATION:

Methicillin resistant staphylococcus aureus, or (MRSA), is spread
through the five C's: crowding, frequent skin-to-skin contact, compro-
mised skin (i.e. open abrasions), contaminated items or surfaces, and
lack of cleanliness. As many if not all of these conditions are present
in correctional facilities, leading health organizations such as the CDC
consider such facilities veritable breeding grounds for the disease.
This bill creates a statutory presumption for correction officers,
correction supervisors, deputy sheriff patrols and deputy sheriff patrol
supervisors who contract MRSA that such contraction is related to the
performance of their duties. This legislation would deem such exposure
as an accident so that the member would be eligible for three-quarters
of their final average salary, allowing the member to retire with digni-
ty and the ability to provide for his or her family.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8078 - Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
Immediately.

2021-S9210 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9210
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08530-04-2

 S. 9210                             2
 
 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.
   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.

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