Relates to the disability benefits of members of the New York police and fire pension funds, and the disability benefits of sanitation and correction officers of the NYCERS

Security Law so that those members who did not previously elect to have their benefits calculated pursuant to Article 22 to make such an election.

Section two of this bill amends sections 13-357(a) and 13-357(b) of the Administrative Code of New York City, subdivision (a) as amended by the Laws of 1986, to include disability pensioners who have retired pursuant to Section 506 and Section 507 of the Retirement and Social Security Law.

Section three of this bill amends section 13-171 of the Administrative Code of New York City by adding a new subdivision (c) to include sanitation and correction members who retired pursuant to section 506 or 507 of the Retirement and Social Security Law and are under early retirement age as defined in section 501 of the Retirement and Social Security Law for correction/sanitation revised plan members.

Section four of this bill adds subdivisions (e), (f), and (g) to Section 506 of the Retirement and Social Security Law. Subdivisions (e) and (f) respectively allow New York City fire and police pension fund members to be eligible for ordinary disability retirement benefits pursuant to sections 13-216, 13-251, 13-252, 13-254, 13-316 or 13357 of the New York City Administrative Code, as applicable to the retiring member. A member who retires under any of these Administrative Code provisions shall receive an annuity equal to his or her accumulated contributions, a pension equal to the reserve- members and sanitation and correction members that are part of NYCERS who are subject to Article 14 of the Retirement and Social Security Law.

Section eight of this bill adds subdivisions (e), (f), and (g) to Section 512 of the Retirement and Social Security Law. Subdivisions (e) and (f) respectively provide that New York City fire and police pension members FAS shall mean the salary earned the year prior to retirement, unless that salary is 20 percent more than the year prior to that, in which case that excess 20 percent is excluded from the FAS computation. Authorized leaves of absence shall be excluded from the FAS computation as well.

New subdivision (g) provides that with respect to sanitation and correction members of NYCERS, a member's FAS means the salary earned

by the member during any 3 consecutive years which provide the highest average wage, excluding any form of termination pay or any lump sum payment for deferred compensation, sick leave, accumulated vacation credit or any other payment for time that was not worked, provided however, if any salary earned during any year included in that period exceeds the average of the previous 2 years by more than 10 percent, the amount in excess of the 10 percent will be excluded from the FAS computation. In determining the FAS, any month or moths not in excess of 3 months which would otherwise be included in computing the FAS but during which the member was on an authorized leave of absence without pay will be excluded from the FAS computation and the month or an equal number of months that immediately preceded such period will be substituted.

Section nine of this bill reletters paragraph (b) of Section 13-353.1(1) of the New York City Administrative Code to (c) and adds a new paragraph (b). New paragraph (b) states that in order to be eligible for the World Trade Center presumption provided by paragraph (a) of this subdivision, a member must have passed a physical exam for entry into public service that failed to disclose evidence of the qualifying condition that is the basis for the disability, or have authorized for the release of medical records if he or she did not have a physical exam for entry into public service and there is no evidence in those records that the qualifying condition that serves as the basis for the disability existed before September 11, 2001.

Section ten of this bill amends section 207-k of the General Municipal Law to extend the current presumption for diseases of the heart and strokes to medical officers employed by the New York City fire department.

Section eleven of this bill amends section 207-kk of the General Municipal Law to extend the current presumption for certain cancers to medical officers employed by the New York City fire department.

Section twelve of this bill amends section 207-p of the General Municipal Law to extend the current presumption for HIV to medical officers employed by the New York City fire department.

the original Article 14 Tier III pension plan. Tier III provides very limited disability benefits, which are only 50% of the member's final average salary, which is reduced by 50% of the primary social security benefit received. Sanitation Tier IV members receive an accidental disability benefit equaling 75% of the member's final average salary with no reduction for primary social security benefits received by the member. When Tier VI was adopted on April 1st, 2012, newly hired sanitation and correction members were placed into the same Tier III plan applicable to New York City Police and Fire members.

An example in the difference in these benefits is illustrated by the potential accidental disability benefits that would be provided to Police Officer Kenneth Healey. On October 23, 2014, by a man wielding an 18 inch hatchet struck Officer Healey in the head while he was standing on a sidewalk with three other police officers in Jamaica, Queens. As a result of the attack Officer Healy was hospitalized for five days and has underwent two surgeries on his skull. If Officer Healy received an accidental disability pension due to his injuries,

the amount of the pension would be approximately $21,000 per year, with a reduction in an amount equaling 50% of any primary social security benefits that he may receive. If Officer Healy was eligible to receive Tier II accidental disability benefits, he would receive approximately $31,500 per year without any reduction for social security benefits.

Another example of this inequity is illustrated by the potential accidental disability benefits that would be paid to Police Officer Rosa Rodriguez. Officer Rodriguez was injured when she and her partner responded to an apartment fire in Coney Island that was set by a teenager. She and her partner, Police Officer Dennis Guerra, were overcome by smoke in the burning building. They were both rushed to the hospital in critical condition. Officer Guerra died four days later as a result of his injuries. Officer Rodriguez was in a coma for six days and has been released from the hospital with an uncertain future because the doctors have said that she may never fully recover from her injuries. Officer Rodriguez would be entitled to an accidental disability pension of $22,000 per year, with a reduction in an amount equaling 50% of any primary social security benefits that she may receive. If Officer Rodriguez was eligible to receive Tier II accidental disability benefits, she would receive approximately $31,500 per year without any reduction for social security benefits.

This bill would reverse the inequities inherent in Tier III illustrated by Officer Healy and Officer Rodriguez.

This bill would further recognize that the medical officers employed by the New York City Fire Department frequently respond to fires, and thus, should be afforded the same presumptions for medical impairments that can lead to disability or death as firefighters. Dr. Kerry Kelly and Dr. David Prezant were medical officers with the New York City Fire Department on September 11, 2001 when they responded to the need for medical assistance at the World trade Center. This bill would afford them World Trade Center presumption for qualifying conditions should they become disabled or die from a qualifying condition. These medical officers respond to help those who are injured when a fire breaks out. They are right there on the front lines, and thus, should be

This act shall take effect on the sixtieth day after it shall become a law; provided, however, that amendments to sections 207-k, 207-kk and 207-q of the general municipal law made by sections ten, eleven, and thirteen of this act shall not affect the expiration of such sections, as provided in section 480 of the retirement and social security law.