Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus (MRSA) was in the discharge or performance of duties as the natural and proximate result of an accident; provides 3/4 pension for such members.

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A5739A-2011 Actions

• Oct 5, 2012: tabled
• Oct 3, 2012: vetoed memo.154
• Sep 21, 2012: delivered to governor
• Jun 21, 2012: RETURNED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: 3RD READING CAL.1012
• Jun 21, 2012: SUBSTITUTED FOR S7209
• Jun 20, 2012: REFERRED TO RULES
• Jun 20, 2012: delivered to senate
• Jun 20, 2012: passed assembly
• Jun 19, 2012: ordered to third reading rules cal.408
• Jun 19, 2012: rules report cal.408
• Jun 19, 2012: reported
• Jun 19, 2012: reported referred to rules
• Jun 18, 2012: reported referred to ways and means
• Feb 23, 2012: print number 5739a
• Feb 23, 2012: amend and recommit to governmental employees
• Jan 4, 2012: referred to governmental employees
• Jun 7, 2011: reported referred to ways and means
• Feb 28, 2011: referred to governmental employees

A5739A-2011 Votes

A5739A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5739--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 28, 2011
                                 ___________

  Introduced by M. of A. ABBATE -- 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
    providing three-quarters of pension for police officers and firefight-
    ers who contract methicillin resistant staphylococcus aureus

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


    Section 1. The retirement and social security law is amended by adding
  a new section 363-ddd to read as follows:

    S  363-DDD.  IMPAIRMENTS OF HEALTH; PRESUMPTION; STAPH/MRSA.  NOTWITH-
  STANDING ANY PROVISION OF THIS CHAPTER OR OF  ANY  GENERAL,  SPECIAL  OR
  LOCAL  LAW  TO  THE  CONTRARY,  ANY POLICE OFFICER OR FIREFIGHTER WHO IS
  COVERED BY THE PROVISIONS OF SECTION THREE HUNDRED SIXTY-THREE  OF  THIS
  TITLE  AND  WHO  CONTRACTS  METHICILLIN  RESISTANT STAPHYLOCOCCUS AUREUS
  (MRSA) OR STAPH/MRSA WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
  THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES  AS  THE  NATURAL  AND
  PROXIMATE  RESULT OF AN ACCIDENT AND TO BE DISABLED FROM THE PERFORMANCE
  OF HIS OR  HER  DUTIES  UNLESS  THE  CONTRARY  BE  PROVEN  BY  COMPETENT
  EVIDENCE.
    S 2. This act shall take effect immediately.
    FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

    This  bill will affect certain members of the New York State and Local
  Police and Fire Retirement System by presuming that contracting MRSA  or
  Staph/MRSA  will  qualify  them for an accidental disability retirement,
  unless the contrary be proven by competent evidence.
    If this bill is enacted, we anticipate that few additional  accidental
  disability  retirements  will  be granted, and thus, the resulting costs
  will be negligible.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09554-02-2

 A. 5739--A                          2

    Summary of relevant resources:

    Data:  March  31,  2011  Actuarial Year End File with distributions of
  membership and other statistics displayed in  the  2011  Report  of  the
  Actuary and 2011 Comprehensive Annual Financial Report.
    Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp-
  troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
  State of New York: Audit and Control.
    Market  Assets and GASB Disclosures: March 31, 2011 New York State and
  Local Retirement System Financial Statements and Supplementary  Informa-
  tion.
    Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
  the 2011 Actuarial Valuations report.
    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 December 16, 2011,  and  intended  for  use  only
  during  the  2012  Legislative  Session,  is  Fiscal  Note  No. 2012-52,
  prepared by the Actuary for the New York State and Local Police and Fire
  Retirement System.