S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5712
 
                        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
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08376-02-3
              

 A. 5712                             2
 
 VISOR,  DEPUTY  SHERIFF  PATROL  OR  DEPUTY  SHERIFF  PATROL  SUPERVISOR
 SUCCESSFULLY PASSED A PHYSICAL  EXAMINATION  WHICH  FAILED  TO  DISCLOSE
 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  they  are  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
 Workers' Compensation.
   Insofar  as this bill would affect the NYSLERS, if this legislation is
 enacted during the 2023 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      None      Ordinary      Performance of     Service
    enactment:                 Disability     Duty Disability
 
 Cost for proposed  11 times    6 times         3.5 times        3 times
    benefit:         salary     salary           salary          salary
 
   All costs will be shared by the  State  of  New  York  and  all  local
 participating employers in the NYSLERS.
   The  exact  number  of  current  members as well as future members who
 could be affected by this legislation cannot be readily determined.
   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 10, 2023, and intended for use only during
 the 2023 Legislative Session, is Fiscal Note No.  2023-97,  prepared  by
 the Actuary for the New York State and Local Retirement System.