Extend Disability Filing Deadline

Section 1. Paragraph 2 of subdivision a of section 363 of the retirement and social security law, as amended by chapter 489 of the laws of 2008, is amended to read as follows:

2. Actually in service upon which his membership is based. However, in a case where a member is discontinued from service subsequent to the accident, either voluntarily or involuntarily, and provided that the member meets the requirements of paragraph one of this subdivision, application may be made, either (a) by a vested member incapacitated as the result of a qualifying World Trade Center condition as defined in section two of this chapter at any time, or (b) not later than two years after the member is first discontinued from service. Provided further that in the case of an application filed for accidental disability benefits pursuant to section three hundred sixty-three-d of this title, the requirements for filing for such benefits shall be five years.

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

FISCAL NOTE.--Pursuant to legislative law, Section 50:

This bill would extend the filing deadline from 2 years to 5 years for

active and retired firefighters in the New York State and Local Police

and Fire Retirement System to file an application for accidental disa-

bility retirement due to certain cancers. It will apply to all disabili-

ty applications filed on or after January 1, 2014.

If this bill is enacted, the cost would depend on the age, service,

salary and plan of the affected firefighters, as well as whether such

person would have otherwise been eligible for, or has been receiving an

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08114-02-7

S. 4622 2

ordinary disability, a performance of duty disability or a service

retirement.

For those who apply for this benefit subsequent to a service retire-

ment, it is estimated that there would be an average per person cost of

approximately 2 times final average salary. For those who apply subse-

quent to a performance of duty retirement, it is estimated that there

would be an average per person cost of approximately 2.5 times final

average salary. For those who apply subsequent to an ordinary disability

retirement, it is estimated that there would be an average per person

cost of approximately 5 times final average salary. The number of

members and retirees who could be affected by this legislation cannot be

readily determined. These costs would be borne by the State of New York

and all the participating employers in the New York State and Local

Police and Fire Retirement System.

For the one person known to be affected, there will be a one-time cost

of approximately $256,000. This cost will be shared by the State of New

York and all the participating employers in the New York State and Local

Police and Fire Retirement System.

Summary of relevant resources:

The membership data used in measuring the impact of the proposed

change was the same as that used in the March 31, 2016 actuarial valu-

ation. Distributions and other statistics can be found in the 2016

Report of the Actuary and the 2016 Comprehensive Annual Financial

Report.

The actuarial assumptions and methods used are described in the 2015

and 2016 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, 2016

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 estimate, dated February 14, 2017, and intended for use only

during the 2017 Legislative Session, is Fiscal Note No. 2017-44,

prepared by the Actuary for the New York State and Local Retirement

System.