S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9933
 
                           I N  A S S E M B L Y
 
                              April 26, 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
   allowing   paid   firefighters  to  receive  disability  benefits  for
   endocrine/thyroid cancer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 363-d of the retirement and social security law, as
 amended  by  chapter  531  of  the  laws  of 2003, is amended to read as
 follows:
   § 363-d. Certain impairments of health;  presumption.  Notwithstanding
 any  other  provisions of this chapter to the contrary, any (i) melanoma
 or (ii) condition of cancer affecting the lymphatic, digestive,  hemato-
 logical,  urinary, neurological, breast, reproductive, ENDOCRINE/THYROID
 or prostate systems, resulting in total or partial disability  or  death
 to a paid firefighter, who successfully passed a physical examination on
 entry  into  firefighter service, which examination failed to reveal any
 evidence of such melanoma or condition, shall  be  presumptive  evidence
 that, unless the contrary be proven by competent evidence, such disabil-
 ity  or  death  (a) was caused by the natural and proximate result of an
 accident, not caused by such firefighter's own willful  negligence,  and
 (b)  was  sustained  in  the  performance  and  discharge  of  duty. The
 provisions of this section shall remain in full force and effect [to and
 including the thirtieth day of June,  two  thousand  five]  PURSUANT  TO
 SECTION FOUR HUNDRED EIGHTY OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This bill would amend Section 363-d of the Retirement and Social Secu-
 rity Law to provide an accidental disability presumption to firefighters
 who contract cancer affecting the endocrine/thyroid system, resulting in
 disability or death. Such presumption would provide that the disease was
 contracted  during  the  performance  and  discharge  of duty and as the
 result of an accident, unless the contrary can be  proved  by  competent
 evidence.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14511-03-4
 A. 9933                             2
 
   Insofar  as  this bill affects the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), if this legislation is enacted during
 the 2024 Legislative Session, it would lead  to  more  disabilities  and
 deaths being classified as "accidental". The cost of the revised benefit
 will  depend  upon  the  applicant's age, service, salary, plan, and any
 benefit type otherwise payable but would average:

    Benefit prior       None         Ordinary     Performance
    to enactment:                    Disability   of Duty
    NYSLPFRS cost for   10 times     5.5 times    3 times
    proposed benefit:   salary       salary       salary
 
    Benefit prior       Service      Ordinary
    to enactment:       Retirement   Death
    NYSLPFRS cost for   2 times      salary
    proposed benefit:   13 times     salary
 
   Further, we anticipate that there could be some  administrative  costs
 to implement the provisions of this legislation.
   All  costs  arising from this bill would be shared by the State of New
 York and all the participating employers in the NYSLPFRS.
   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 April 9, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No. 2024-126,  prepared  by
 the Actuary for the New York State and Local Retirement System.