S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9542
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 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  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-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 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-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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08378-04-4
 A. 9542                             2
 
 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 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 shall not apply.
   If this legislation is enacted during the 2024 Legislative Session, it
 would  likely  lead  to more disabilities and deaths being classified as
 "accidental."
   We anticipate that there will be a  total  increase  of  approximately
 $2.84 million in the annual contributions made by the counties employing
 the  affected  members  for  the  fiscal  year ending March 31, 2025. In
 future years this cost will vary as the billing rates and salary of  the
 affected members change, but is expected to average:
 
           Current Plan                       Increase to Employer
                                              Billing Rate
           Article 14-B                       0.3% of salary
           89-series, 25-Year Plans           0.2% of salary
 
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $7.42 million which will
 be shared by the State of New York and the local participating employers
 in  the  NYSLERS.  This  estimate  assumes  that payment will be made on
 February 1, 2025.
   Further, we anticipate that there will be some administrative costs to
 implement the provisions of this legislation.
   The number of members and retirees  who  could  be  affected  by  this
 legislation  cannot  be  readily determined, but this cost was developed
 based on the 10,930 affected members covered under RSSL Article 14-B and
 the Section 89 series 25-Year Plans, with annual salary of approximately
 $1.0 billion as of March 31, 2023.
 A. 9542                             3
 
   Summary of relevant resources:
   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 March 8, 2024, and intended for use  only  during
 the  2024  Legislative  Session, is Fiscal Note No. 2024-83, prepared by
 the Actuary for the New York State and Local Retirement System.