S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9645--A
 
                           I N  A S S E M B L Y
 
                              March 27, 2024
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental  Employees  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the retirement and social security law, in  relation  to
   disability  benefits  for  certain  individuals employed by the Nassau
   county police department

   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. CERTAIN IMPAIRMENT OF HEALTH; PRESUMPTION. NOTWITHSTANDING ANY
 PROVISION OF THIS CHAPTER OR ANY GENERAL OR SPECIAL LAW TO THE CONTRARY,
 ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART,
 RESULTING IN THE DISABILITY OR DEATH TO A MEMBER WHO SERVES AS AN  AMBU-
 LANCE  MEDICAL  TECHNICIAN,  AMBULANCE  MEDICAL  COORDINATOR,  AMBULANCE
 MEDICAL TECHNICIAN/SUPERVISOR OR A MEMBER WHO PERFORMS AMBULANCE MEDICAL
 TECHNICIAN RELATED SERVICES, OR A POLICE MEDIC, POLICE  MEDIC  COORDINA-
 TOR, POLICE MEDIC SUPERVISOR, BUREAU DIRECTOR POLICE EMERGENCY AMBULANCE
 SERVICES  - COUNTY, ASSISTANT BUREAU DIRECTOR POLICE EMERGENCY AMBULANCE
 SERVICES - COUNTY, OR A MEMBER WHO PERFORMS POLICE MEDIC OR POLICE EMER-
 GENCY AMBULANCE RELATED SERVICES AND IS EMPLOYED IN  THE  NASSAU  COUNTY
 POLICE  DEPARTMENT, PRESENTLY EMPLOYED AND WHO SHALL HAVE SUSTAINED SUCH
 DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY PASSED A  PHYSICAL  EXAM-
 INATION ON ENTRY INTO SERVICE AS A MEMBER COVERED BY THIS SECTION, WHICH
 EXAMINATION  FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR-
 MENT OF THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN
 THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS THE CONTRARY CAN BE PROVED
 BY COMPETENT EVIDENCE.
   § 2. The retirement and social security law is amended by adding a new
 section 607-m to read as follows:
   § 607-M. CERTAIN IMPAIRMENT OF  HEALTH;  PRESUMPTION.  NOTWITHSTANDING
 ANY  PROVISION  OF  THIS  CHAPTER  OR  ANY GENERAL OR SPECIAL LAW TO THE
 CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14101-04-4
 A. 9645--A                          2
 
 THE  HEART,  RESULTING IN THE DISABILITY OR DEATH TO A MEMBER WHO SERVES
 AS AN AMBULANCE MEDICAL TECHNICIAN, AMBULANCE MEDICAL COORDINATOR, AMBU-
 LANCE MEDICAL TECHNICIAN/SUPERVISOR OR A MEMBER WHO  PERFORMS  AMBULANCE
 MEDICAL  TECHNICIAN  RELATED  SERVICES,  OR A POLICE MEDIC, POLICE MEDIC
 COORDINATOR, POLICE MEDIC SUPERVISOR, BUREAU DIRECTOR  POLICE  EMERGENCY
 AMBULANCE  SERVICES - COUNTY, ASSISTANT BUREAU DIRECTOR POLICE EMERGENCY
 AMBULANCE SERVICES - COUNTY, OR A MEMBER WHO PERFORMS  POLICE  MEDIC  OR
 POLICE  EMERGENCY  AMBULANCE  RELATED  SERVICES  AND  IS EMPLOYED IN THE
 NASSAU COUNTY POLICE DEPARTMENT, PRESENTLY EMPLOYED AND WHO  SHALL  HAVE
 SUSTAINED  SUCH  DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY PASSED A
 PHYSICAL EXAMINATION ON ENTRY INTO SERVICE AS A MEMBER COVERED  BY  THIS
 SECTION, WHICH EXAMINATION FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
 OTHER IMPAIRMENT OF THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS
 INCURRED  IN  THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS THE CONTRARY
 CAN BE PROVED BY COMPETENT EVIDENCE.
   § 3. Notwithstanding any other provision of law to the contrary,  none
 of  the  provisions  of  this  act shall be subject to the appropriation
 requirement of section 25 of the retirement and social security law.
   § 4. All costs associated with implementing the provisions of this act
 shall be borne by Nassau county.
   § 5. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow certain members who are employed in  the  Nassau
 County  police  department  who perform police medic or police emergency
 ambulance related services to receive a performance of  duty  disability
 benefit if the member is impaired due to a condition of the heart, which
 shall  be  presumed  to  have  been incurred in the performance of their
 duties, unless the  contrary  be  proven  by  competent  evidence.  Such
 presumption will benefit the members who currently have the 50% of final
 average  salary  benefit  available  pursuant  to  Section  607-j of the
 Retirement and Social Security Law (RSSL).
   If this legislation is enacted during the 2024 Legislative Session, it
 would likely lead to more disabilities being classified as "in  perform-
 ance of duty."
   We  anticipate  that  there  will be a total increase of approximately
 $27,000 in the annual contributions of Nassau County for the fiscal year
 ending March 31, 2025. In future years this cost will vary as the  bill-
 ing  rates and salary of the affected members change, but is expected to
 average 0.2% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $48,200  which  will  be
 borne  by Nassau County. This estimate assumes that payment will be made
 on February 1, 2025.
   Further, we anticipate that there could be some  administrative  costs
 to implement the provisions of this legislation.
   These  estimated  costs  are based on 110 affected members employed by
 Nassau County, with annual salary of approximately  $15  million  as  of
 March 31, 2023.
   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
 A. 9645--A                          3
 
 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 May 23, 2024, and intended for  use  only  during
 the  2024  Legislative Session, is Fiscal Note No. 2024-193, prepared by
 the Actuary for the New York State and Local Retirement System.