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

                                 7146--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
  ER  -- read once and referred to the Committee on Governmental Employ-
  ees -- 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  commit-
  tee

AN  ACT  to amend the retirement and social security law, in relation to
  accidental disability retirement

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

  Section  1. Paragraph 2 of subdivision a of section 363 of the retire-
ment 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 BENE-
FITS  PURSUANT TO SECTION THREE HUNDRED SIXTY-THREE-D OF THIS TITLE, THE
REQUIREMENTS FOR FILING FOR SUCH BENEFITS SHALL BE FIVE YEARS.
  S 2. This act shall take effect immediately and apply to all  applica-
tions 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10604-03-6

              

A. 7146--A                          2

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
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 $244,000. 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, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
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, 2015
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  January  28,  2016,  and intended for use only
during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-38,
prepared  for by the Actuary for the New York State and Local Retirement
System.