S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5205
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- 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-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 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08362-03-3
              

 A. 5205                             2
 
 THE  CONTRARY, ANY MEMBER WHO IS A CORRECTION OFFICER, CORRECTION SUPER-
 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 LUNG, 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 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 a condition of the lung as a result of an accident, in
 the performance of their duties, unless the contrary be proven by compe-
 tent evidence. For members in Tiers 1 and 2, the annual benefit would be
 3/4 of final  average  salary  (FAS)  less  workers'  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 workers' 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 2023 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 any
 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, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
 A. 5205                             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  February  27,  2023, and intended for use only
 during the  2023  Legislative  Session,  is  Fiscal  Note  No.  2023-77,
 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
 ________________________________________________________________________
 
                                  5205--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2023
                                ___________
 
 Introduced  by  M. of A. PHEFFER AMATO, COLTON, SANTABARBARA, GUNTHER --
   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 --
   again reported from said committee with amendments, 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-j to read as follows:
   § 63-J. 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08362-08-4
 A. 5205--B                          2
              

 
 PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
 OTHER IMPAIRMENT OF THE LUNG.
   § 2. The retirement and social security law is amended by adding a new
 section 605-h to read as follows:
   §  605-H.  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 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 LUNG, 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 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 a condition of the lung as a result of an accident, in
 the performance of their duties, unless the contrary be proven by compe-
 tent evidence. For members in Tiers 1 and 2, the annual benefit would be
 3/4 of final average salary  (FAS)  less  Workers'  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  Workers' 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 2024 Legislative Session, it  would  likely  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 any benefit type otherwise payable but would average:
 
     Benefit prior                 Ordinary   Performance     Service
     to enactment:      None      Disability    of Duty     Retirement
   NYSLERS cost for   10 times     5.5 times    3 times       2 times
   proposed benefit:   salary       salary      salary        salary
 
   Further,  we  anticipate that there could be some administrative costs
 to implement the provisions of this legislation.
   All costs arising from this bill would be shared by the State  of  New
 York and all the participating employers in the NYSLERS.
   Summary of relevant resources:
 A. 5205--B                          3
 
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 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, 2023
 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  January  31,  2024,  and intended for use only
 during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-31,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.