S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5710
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 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
   certain  disabilities  of  university police officers appointed by the
   state university of New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 363-a of the retirement and social
 security  law, as amended by chapter 437 of the laws of 2016, is amended
 to read as follows:
   3. As used in this section, the terms "firefighter" and "police  offi-
 cer"  mean  any  member who is performing police or fire service, as the
 phrase police or fire service is defined in paragraphs a, b, c, d, f (as
 added by chapter six hundred seventy-four of the laws of nineteen eight-
 y-six), f (as added by chapter six hundred seventy-seven of the laws  of
 nineteen  eighty-six),  g,  h,  I and j of subdivision eleven of section
 three hundred two of this article, and who, prior to entry into  service
 as a firefighter or police officer, successfully passed a physical exam-
 ination  which  failed  to  disclose  evidence  of  any disease or other
 impairment of the heart.
   § 2. The amendments to section 363-a  of  the  retirement  and  social
 security  law  made by section one of this act shall not affect, impair,
 or invalidate any  temporary  right,  privilege,  or  benefit  conferred
 pursuant  to  the  provisions  of a general, special or local law (other
 than pursuant to articles 14 and 15 of the retirement and social securi-
 ty law) for any member of a public retirement  system  or  pension  plan
 funded  by the state or one of its political subdivisions, nor shall any
 amendments thereto affect the application of such provisions as extended
 by the provisions of section 480 of the retirement and  social  security
 law.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08361-02-3
              

 A. 5710                             2
 
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  is  a  technical  correction to Chapter 561 of the Laws of
 2015.   It would add a  "heart  bill"  performance  of  duty  disability
 provision  for  police  officers of the State University of New York who
 are members of the New York State and Local Police and  Fire  Retirement
 System (NYSLPFRS).
   If this legislation is enacted during the 2023 legislative session, it
 would  lead  to more disabilities being classified as "in performance of
 duty".
   However, we anticipate that few additional performance of  duty  disa-
 bility  retirements  will  be granted, and thus, the resulting costs are
 expected to be negligible.
   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.
   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 March 15, 2023, and intended for use only during
 the 2023 Legislative Session, is Fiscal Note No. 2023-104,  prepared  by
 the Actuary for the New York State and Local Retirement System.