S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9843
 
                           I N  A S S E M B L Y
 
                              April 11, 2024
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT granting Michael Quatrocci a presumption of disability regarding
   accidental disability retirement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding any other provision of the retirement and
 social security law or of any general,  special  or  local  law  to  the
 contrary,  Michael  Quatrocci,  a police officer for the city of Yonkers
 who contracted COVID-19 in March 2020 while so employed  and  has  since
 had  impaired  health  due  to  contracting COVID-19 which resulted in a
 disability, shall have such impaired health be presumptive evidence that
 such disability was incurred in the performance and  discharge  of  duty
 and  the  natural and proximate result of such discharge of duty, unless
 the contrary be proved by competent evidence, for the purposes of apply-
 ing for accidental  disability  retirement  under  section  363  of  the
 retirement and social security law.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  grant  Michael  Quatrocci, a member of the New York
 State and Local Police and Fire Retirement System (NYSLPFRS), a COVID-19
 related presumption which is expected to result in an  accidental  disa-
 bility  benefit  under section 363 of the Retirement and Social Security
 Law (RSSL). The disability benefit will be 75 percent of  final  average
 salary,  less  workers'  compensation. Michael Quatrocci is currently an
 active member employed full-time with the City of Yonkers  as  a  police
 officer. They will be required to complete and submit an application for
 accidental disability retirement prior to receiving any disability bene-
 fit.
   If  this  bill  is  enacted  during  the 2024 Legislative Session, and
 Michael Quatrocci  is  subsequently  approved  for  disability  benefits
 pursuant  to  section  363  of the RSSL, there will be an immediate past
 service cost of approximately $832,000 which will be borne by the  State
 of New York and all local participating employers in the NYSLPFRS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13687-02-4
 A. 9843                             2
 
   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 February 26, 2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note  No. 2024-80,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.