What's happening
This bill creates a presumption that lung diseases in correction officers and certain sheriffs are work-related for disability benefits.
Why it matters
Shifts the burden of proof. The bill presumes that lung diseases in correction officers and certain sheriff roles are job-related, making it easier for affected employees to qualify for disability benefits unless the employer can provide strong evidence to the contrary.
Potentially expands eligibility for benefits. Employees who develop qualifying lung diseases will be more likely to receive accidental disability benefits, even if a specific workplace incident cannot be pinpointed as the cause.
Requires pre-employment health screening. The presumption only applies if the employee passed a physical exam at the start of service that showed no pre-existing lung disease, ensuring that only job-acquired impairments are covered.
May have limited financial impact. Fiscal analysis suggests that while more disabilities may be classified as “accidental,” the actual number of additional claims is expected to be small, resulting in negligible new costs for state and local employers.
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Who cares
Correction officers and correction supervisors
The bill would presume qualifying lung disease disabilities arose from an on-duty accident if a pre-service physical found no lung disease or impairment, unless competent evidence proves otherwise.
Deputy sheriff patrol officers and supervisors
The bill would extend the same presumption to these members for lung disease causing disability or death while employed.
New York State and Local Employees’ Retirement System
The system would apply the new presumption when evaluating covered claims, potentially classifying more disabilities as accidental.
New York State and participating ERS employers
They would share any resulting costs, which the fiscal note expects to be negligible.
Headline styles
Presume Lung Disease Work-Related
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 6241b
- Amend and recommit to governmental employees
- Referred to governmental employees
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.145
- Rules report cal.145
- Reported
- Reported referred to rules
Show 4 earlier actions
- Reported referred to ways and means
- Print number 6241a
- Amend and recommit to governmental employees
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Correction Officers' Lungs
In Senate Committee · Civil Service And Pensions · Sponsor Andrew Gounardes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6241--B
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
Introduced by M. of A. ABBATE, COLTON, JAFFEE, GRIFFIN, DenDEKKER -read once and referred to the Committee on Governmental Employees -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the retirement and social security law, in relation to providing a lung 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 Assembly, do enact as follows:
Section 1. The retirement and social security law is amended by adding a new section 63-g to read as follows:
§ 63-g. Disability benefits; certain disabilities. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, any member who is a correction officer, correction supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor who contracts any condition of impairment of health caused by diseases of the lung, resulting in disability or death to such correction officer, correction supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor, presently employed, and who shall have sustained such disability while so employed, shall be presumptive evidence that such disability was incurred in the performance and discharge of duty and the natural and proximate result of an accident, unless the contrary be proved by competent evidence; provided, however, that prior to entry into service, such correction officer, correction supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor successfully passed a physical examination which failed to disclose evidence of any disease or other impairment of the lung.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09482-08-0
A. 6241--B 2
§ 2. The retirement and social security law is amended by adding a new section 605-f to read as follows:
§ 605-f. Disability benefits; certain disabilities. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, any member who is a correction officer, correction supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor who contracts any condition of impairment of health caused by diseases of the lung, resulting in disability or death to such correction officer, correction supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor, presently employed, and who shall have sustained such disability while so employed, shall be presumptive evidence that such disability was incurred in the performance and discharge of duty and the natural and proximate result of an accident, unless the contrary be proved by competent evidence; provided, however, that prior to entry into service, such correction officer, correction supervisor, deputy sheriff patrol or deputy sheriff patrol supervisor successfully passed a physical examination which failed to disclose evidence of any disease or other impairment of the lung.
§ 3. Notwithstanding any other provision of law to the contrary, none of the provisions of this act shall be subject to section 25 of the retirement and social security law.
§ 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 (ERS) 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 lung disease as the result of an accident, in the
performance of his or her duties, unless the contrary be proven by
competent evidence. For members in Tiers 1 and 2, the annual benefit
would be 3/4 of final average salary (FAS) less worker's 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 worker's 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 will not apply.
If this bill is enacted, it would lead to more disabilities being
classified as "accidental". The cost of the revised benefit will depend
upon the applicant's age, service, salary, plan, and benefit type other-
wise payable.
However, we anticipate that few additional accidental disability
retirements will be granted, and thus, the resulting costs are expected
to be negligible.
All costs arising from this bill would be shared by the State of New
York and all of the participating employers in the ERS.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018 and 2019 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes, Rules and Regulations of the State of New
York: Audit and Control.
A. 6241--B 3
The Market Assets and GASB Disclosures are found in the March 31, 2019
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 10, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-75, prepared by
the Actuary for the New York State and Local Retirement System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.