Protect Correction Officers' Lungs

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.

LBD09482-07-0

S. 3977--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.

S. 3977--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.