Relates to accidental disability retirement

5 Co-sponsors

• Fredrick J. Akshar II
• John A. DeFrancisco
• William J. Larkin Jr.
• Robert Ortt
• David J. Valesky

Title of bill

An act to amend the retirement and social security law, in relation to accidental disability retirement

Purpose

To extend the filing deadline from 2 years to 5 years for firefighters in the New York State and Local Police and Fire Retirement System to file application for disability benefits due to certain cancers.

Summary of provisions

Section one of this bill amends Retirement and Social Security Law section 363(a)(2) to change the filing deadline for applications for accidental disability retirement benefits pursuant to section 363-d to 5 years.

Section two of this bill provides that this act shall take effect immediately and apply to all applications filed on or after January 1, 2014.

Current law

The current filing deadline is 2 years.

Justification

The increased use of plastics and other chemical products, including flame-retardant materials, in the last several decades has resulted in a qualitative change in the nature of the compounds that firefighters are exposed to while fighting fires. A 2013 peer-reviewed study entitled, "Persistent Organic Pollutants including polychlorinated and polybrominated dibenzo-p-dioxins and dibenzofurans in firefighters from Northern California," which was co-authored by, among others, two research scientists from the Wadsworth Center, New York State Department of Health, showed that firefighters had elevated concentrations of certain compounds produced by burning chemicals contained in flame-retardant materials when compared to the U.S. population. One study concluded that the firefighters at fires and during cleanup suffer greater exposure to chemicals and their byproducts that pose a significant health risk.

Concurrently with the increased exposure to these toxic and carcinogenic compounds, reports of cancer for both active and retired firefighters continue to rise when compared to average adult population across the nation, including, but not limited to, mouth and throat cancer, intestinal and rectal cancer, colon, lung, prostate, and lymphatic cancer and excess total cancer and leukemia deaths. More and more published studies are linking the increased incidents of cancer among firefighters to the proliferation of synthetic chemicals, plastics, and other materials that produce harmful byproducts when burned at the scene of fires.

It is also evident that the resulting cancers from firefighters' exposure to these toxins and carcinogens are not immediately obvious or diagnosable. Many cancers can take years to develop or even to manifest any symptoms. Due to the routine and significant exposure to the harmful chemicals and their byproducts when burned, it is necessary to extend the filing period for cancers experienced by firefighters from the present two year-time period after normal retirement to a five-year-time period to adequately address the disabilities that firefighters incur while fighting fires in service to the public.

Legislative history

2015: S.5012 - Passed the Senate 2014: S.7176-A - Vetoed, Memo No. 565

Fiscal implications

See fiscal note

Effective date

This act shall take effect immediately and apply to all applications filed on or after January 1, 2014.