A3781A-2011 Actions

• Jan 24, 2012: print number 3781a
• Jan 24, 2012: amend and recommit to governmental employees
• Jan 4, 2012: referred to governmental employees
• Jan 27, 2011: referred to governmental employees

A3781A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3781--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 27, 2011
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
 on  Governmental  Employees -- recommitted to the Committee on Govern
 mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit
 tee discharged, bill amended, ordered reprinted as amended and  recom
 mitted to said committee
 AN  ACT  to amend the retirement and social security law, in relation to
 certain medical presumptions applicable to members  of  the  New  York
 state and local employees' retirement system
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 2 of section 363-a of the retirement and social
 security law, as amended by chapter 967 of the laws of 1974, is  amended
 to read as follows:

 2.  Notwithstanding  any  provision of this chapter or of any general,
 special or local law to the contrary, any  condition  of  impairment  of
 health caused by diseases of the heart, resulting in disability or death
 to  a  policeman,  presently employed, and who shall have sustained such
 disability while so employed, shall be presumptive evidence that [is] IT
 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.
 

S 2. The retirement and social security law is amended by adding a new
 section 809 to read as follows:

 

S 809. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS  PERTAINING
 TO  DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY TO CERTAIN APPLI
 CATIONS FOR DISABILITY RETIREMENT ALLOWANCES MADE BY OR ON BEHALF  OF  A
 MEMBER  OF  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
 THE NEW YORK STATE AND LOCAL POLICE AND  FIRE  RETIREMENT  SYSTEM.    IT
 SHALL  APPLY ONLY TO APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER TO
 A PROVISION THAT ANY CONDITION OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  A
 DISEASE  OF  THE  HEART,  RESULTING  IN DISABILITY, SHALL BE PRESUMPTIVE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05558-03-2
 
       A. 3781--A                          2
 EVIDENCE THAT SUCH  DISABILITY  WAS  INCURRED  IN  THE  PERFORMANCE  AND
 DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT.
 B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY AN
 APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  THAT  IS
 BASED  ON A PERMANENT INCAPACITY CAUSED BY A DISEASE OF THE HEART, SHALL
 NOT BE REQUIRED TO ALLEGE OR ESTABLISH:

 (1) THAT THE MEMBER SUSTAINED AN ACCIDENT OR OTHER INCIDENT RELATED TO
 THE PERFORMANCE AND DISCHARGE OF DUTY; OR
 (2) THAT NOTICE WAS PROVIDED THEREOF.
 C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 PRESUMPTIONS  REFERRED  TO  IN  SUBDIVISION  A  OF  THIS  SECTION MAY BE
 REBUTTED ONLY BY COMPETENT EVIDENCE  THAT  THE  DISABILITY  IS  NOT  THE
 NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE AND DISCHARGE OF DUTY.
 

S 3. The retirement and social security law is amended by adding a new
 section 810 to read as follows:

 

S  810. EFFECT AND REBUTTAL OF CERTAIN MEDICAL PRESUMPTIONS PERTAINING
 TO DISEASES OF THE HEART. A. THIS SECTION SHALL APPLY  TO  ALL  APPLICA
 TIONS  FOR  DISABILITY  RETIREMENT  ALLOWANCES MADE BY OR ON BEHALF OF A
 MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM.  IT
 SHALL APPLY TO ALL APPLICATIONS THAT ARE SUBJECT UNDER THIS CHAPTER TO A
 PROVISION THAT ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY A DISEASE
 OF  THE  HEART,  RESULTING  IN DISABILITY, 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.
 B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY AN
 APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  THAT  IS
 BASED  ON A PERMANENT INCAPACITY CAUSED BY A DISEASE OF THE HEART, SHALL
 NOT BE REQUIRED TO ALLEGE OR ESTABLISH:

 (1) THAT THE MEMBER SUSTAINED AN ACCIDENT OR OTHER INCIDENT RELATED TO
 THE PERFORMANCE AND DISCHARGE OF DUTY; OR
 (2) THAT NOTICE WAS PROVIDED THEREOF.
 C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 PRESUMPTIONS  REFERRED  TO  IN  SUBDIVISION  A  OF  THIS  SECTION MAY BE
 REBUTTED ONLY BY COMPETENT EVIDENCE  THAT  THE  DISABILITY  IS  NOT  THE
 NATURAL AND PROXIMATE RESULT OF THE PERFORMANCE AND DISCHARGE OF DUTY.
 

S  4.  The  amendment  made  to  subdivision 2 of section 363-a of the
 retirement and social security law by section one of this act shall  not
 affect,  impair  or invalidate any temporary right, privilege or benefit
 conferred pursuant to the provisions of a general, special or local  law
 (other  than pursuant to articles 14 and 15 of the retirement and social
 security law) for any member of a public retirement  system  or  pension
 plan funded by the state or one of its political subdivisions, nor shall
 any  amendment  thereto  affect  the  application  of such provisions as
 extended by the provisions of section 480 of the retirement  and  social
 security law.
 

S 5. This act shall take effect immediately.
 FISCAL NOTE.--Pursuant to Legislative Law,

Section 50:

 This  bill  would  amend  the  Retirement  and  Social Security Law in
 relation to heart disease related disabilities for members  in  the  New
 York  State  and  Local Employees' Retirement System (ERS) who currently
 have heart presumptions that reference an accident and  all  members  in
 the  New  York State and Local Police and Fire Retirement System (PFRS).
 It would grant accidental disability benefits for heart cases by deeming
 such disabilities to have been sustained in the performance of duty, and
 the natural and proximate result of an accident, unless the contrary  be
 proven  by competent evidence. Further, the same criteria that exist for
 
       A. 3781--A                          3
 determining accidental death benefits for firefighters would be extended
 to police officers.
 If  this bill is enacted, more accidental disability benefits would be
 granted. The estimated increase in the annual contributions to the State
 of New York would be approximately $610,000 for  its  PFRS  members  and
 approximately $1.1 million for its Unified Court Officers. The increases
 in  annual  contributions  for  the  participating employers in the PFRS
 would be approximately $2.3 million. The increases  in  annual  contrib
 utions for ERS counties that have elected the provisions of Article 14-B
 for  their  sheriffs  with a date of membership prior to January 1, 1985
 would be less than 0.1% of salary, the increase in annual  contributions
 for  the  Town of Tonawanda would be less than 0.1% of the salary of its
 paramedics.
 This estimate, dated December 16, 2011,  and  intended  for  use  only
 during the 2012 Legislative Session, is Fiscal Note No. 2012-50 prepared
 by the Actuary for the NYS&LERS and NYS&LPFRS.

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