S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3557
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced by Sens. JACKSON, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01281-02-5
 S. 3557                             2
              

 
   §  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
 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. Currently, only members covered under Article 14-B of the
 Retirement   and  Social  Security  Law  (RSSL)  are  entitled  to  this
 provision. For affected members in tiers 1 and  2,  the  annual  benefit
 would  be  3/4 of final average salary (FAS) less workers' compensation.
 For 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 bill is enacted during the 2025 Legislative Session, it would
 likely lead to an increased number of accidental disabilities and deaths
 for future retirees.
   We anticipate that there will be an  increase  of  approximately  $1.8
 million  in  the  annual  contributions  of  the  counties employing the
 affected members for the fiscal year ending March 31,  2026.  In  future
 years this cost will vary but is expected to average 0.2% of salary.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $5.98 million which will
 be shared by the State of New York and the local participating employers
 in NYSLERS.
   Further, we anticipate that there will be some administrative costs to
 implement the provisions of this legislation.
   These estimated costs are based on 8,096 members with annual salary of
 approximately $760 million as of March 31, 2024. Correction officers and
 deputy sheriffs covered under the RSSL Section 89-series (25-year plans)
 were  included.  However, only members with the patrol title, who cannot
 be readily identified, will be affected.
   Summary of relevant resources:
   Membership data as of March 31, 2024 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 S. 3557                             3
 
 al  valuation.  Distributions  and  other statistics can be found in the
 2024 Report of the Actuary and the 2024 Annual  Comprehensive  Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024  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, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 January 27,  2025,  and  intended  for  use  only
 during the 2025 Legislative Session, is Fiscal Note No. 2025-9. As Chief
 Actuary  of  the  New  York  State and Local Retirement System, I, Aaron
 Schottin Young, hereby certify that this analysis complies with applica-
 ble Actuarial Standards of Practice as well as the Code of  Professional
 Conduct  and Qualification Standards for Actuaries Issuing Statements of
 Actuarial Opinion of the American Academy of Actuaries, of which I am  a
 member.