NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9542
SPONSOR: Pheffer Amato TITLE OF BILL:
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
PURPOSE:
To extend eligibility for death benefits and accidental disability bene-
fits in relation to any health condition of impairment of health caused
by diseases of the heart to correction officers, correction supervisors,
deputy sheriff patrol officers or deputy sheriff patrol supervisors.
SUMMARY OF PROVISIONS:
Section 1 adds a new Section 63-i to the Retirement and Social Security
Law that authorizes death benefits and disability retirement for
correction officers, correction supervisors, deputy sheriff patrol offi-
cers or deputy sheriff patrol supervisors who are members of the NYS and
Local Employees Retirement System (ERS) who develop a disability or lose
their lives as a result of a heart-related illness while employed as a
correction officer, correction supervisor, deputy sheriff patrol officer
or deputy sheriff patrol supervisor, when there is an absence of
evidence that the impairment is not performance-related.
Section 2 adds a new Section 605-g to the Retirement and Social Security
Law that authorizes accidental disability benefits for correction offi-
cers, correction supervisors, deputy sheriff patrol officers or deputy
sheriff patrol supervisors in ERS who develop a disability or lose their
lives as a result of a heart-related illness while employed as a
correction officer, correction supervisor, deputy sheriff patrol officer
or deputy sheriff patrol supervisor when there is an absence of evidence
that the impairment is not performance-related.
Section 3 provides that this act shall not be subject to Section 25 of
the Retirement and Social Security Law.
Section 4 is the effective date.
JUSTIFICATION:
Correction officers, correction supervisors, deputy sheriff patrol offi-
cers and deputy sheriff patrol supervisors perform duties which are as
stressful and physically demanding as other police officers and first
responders. This bill will provide correction officers, correction
supervisors, deputy sheriff patrol officers and deputy sheriff patrol
supervisors the same benefit pertaining to a heart presumption as is
provided by other law enforcement officers.
LEGISLATIVE HISTORY:
2022: A.5208-VETO
2021-2022: S.8558-A - Vetoed Memo 112/A.4607-B - Vetoed Memo 112
STATE AND LOCAL FISCAL IMPLICATIONS:
See fiscal note.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9542
IN ASSEMBLY
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:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 63-j to read as follows:
3 § 63-j. Disability benefits; certain disabilities. Notwithstanding any
4 provision of this chapter or of any general, special or local law to the
5 contrary, any member who is a correction officer, correction supervisor,
6 deputy sheriff patrol or deputy sheriff patrol supervisor who is a
7 member of the New York state and local employees' retirement system and
8 contracts any condition of impairment of health caused by diseases of
9 the heart, resulting in disability or death to such correction officer,
10 correction supervisor, deputy sheriff patrol or deputy sheriff patrol
11 supervisor, presently employed, and who shall have sustained such disa-
12 bility while so employed, shall be presumptive evidence that such disa-
13 bility was incurred in the performance and discharge of duty and the
14 natural and proximate result of an accident, unless the contrary be
15 proved by competent evidence; provided, however, that prior to entry
16 into service, such correction officer, correction supervisor, deputy
17 sheriff patrol or deputy sheriff patrol supervisor successfully passed a
18 physical examination which failed to disclose evidence of any disease or
19 other impairment of the heart.
20 § 2. The retirement and social security law is amended by adding a new
21 section 605-h to read as follows:
22 § 605-h. Disability benefits; certain disabilities. Notwithstanding
23 any provision of this chapter or of any general, special or local law to
24 the contrary, any member who is a correction officer, correction super-
25 visor, deputy sheriff patrol or deputy sheriff patrol supervisor who is
26 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
1 and contracts any condition of impairment of health caused by diseases
2 of the heart, resulting in disability or death to such correction offi-
3 cer, correction supervisor, deputy sheriff patrol or deputy sheriff
4 patrol supervisor, presently employed, and who shall have sustained such
5 disability while so employed, shall be presumptive evidence that such
6 disability was incurred in the performance and discharge of duty and the
7 natural and proximate result of an accident, unless the contrary be
8 proved by competent evidence; provided, however, that prior to entry
9 into service, such correction officer, correction supervisor, deputy
10 sheriff patrol or deputy sheriff patrol supervisor successfully passed a
11 physical examination which failed to disclose evidence of any disease or
12 other impairment of the heart.
13 § 3. Notwithstanding any other provision of law to the contrary, none
14 of the provisions of this act shall be subject to section 25 of the
15 retirement and social security law.
16 § 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.
