Relates to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty

7 Co-sponsors

• Ruben Diaz
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Craig M. Johnson
• Jeffrey D. Klein
• Kevin S. Parker
• Diane J. Savino

Title of bill

An act to amend the retirement and social security law, in relation to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty; and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

This bill intends to provide parole officers who suffer job related heart disease with the presumption that the heart disease is job related.

Summary of specific provisions

This bill would provide that it shall be presumptive evidence that a parole officer who suffers an impairment of health, due to heart disease, which results in disability or death, that such heart disease is employment related; and require the parole officer to have successfully passed a physical examination prior to entry into service which failed to disclose evidence of heart disease.

Justification

Parole officers employed by the Division of Parole, like law enforcement and fire fighting officers, argue that heart conditions are .often caused by, or aggravated by, the nature of their work and that, accordingly, such injuries should be considered job connected. This bill would extend to parole officers the benefits of the "heart bill." Police officers and fire fighters already are protected by this benefit.

Prior legislative history

2009 Session: Civil Service and Pensions (S.2557); 2008 Session: Rules (S.7311); 2007 Session: Passed Senate and Assembly - Vetoed (No. 21); 2006 Session: Passed Senate and Assembly - Vetoed (No. 373).

Fiscal implications for state and local governments

If this bill is enacted, it would affect only Tier 3 and Tier 4 members, increasing their benefits from 1/3 of final average salary to 3/4 of final average salary, less worker's compensation. We anticipate that very few members would receive increased benefits under this proposal, since the member would have to prove that such heart related disability was the result of an accident. The estimated increase in the annual contributions for the State of New York would be approximately $93,000.

Effective date

90 days after enactment and shall expire and be deemed repealed on July 1, 2011.