Provides that the death of a member of the New York state and local police and fire retirement system from heart disease during the course of his or her employment shall be deemed an accidental death for purposes of survivor benefits.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to accidental death benefits payable to beneficiaries of members of the New York state and local police and fire retirement system
This legislation will ensure that New York state and local police officers and firefighters are covered under the "Heart Act" if they have a heart attack and lose their lives in the line of duty.
SUMMARY OF PROVISIONS:
Section One - amends subdivision a of section 361 of the retirement and social security law by adding a new closing paragraph to state that any condition of impairment of health caused by diseases of the heart which results in the death of a member shall be deemed to have been incurred as the natural and proximate result of an accident sustained in the performance of duty in the service upon which his or her membership was based.
Section Two - provides this act shall take effect immediately.
The purpose of this legislation is ensure that New York state and local police officers and firefighters are covered under the "Heart Act" if they have a heart attack and lose their lives in the line of duty.
Currently police officers and firefighters receive 50% of their disability if they have a heart attack in the line of duty and survive. This legislation would provide the surviving spouse and family members with the 50% disability.
This bill is being introduced in honor of Officer Michael Perry suffered a fatal heart attack shortly after chasing and arresting a man at a local mall near state route 119. Officer Perry had called for assistance and chased the larceny suspect a short distance before placing him into custody. Officer Perry transported the man to police headquarters for booking when he suddenly collapsed. He was transported to White Plains Hospital where he passed away a short time later. The suspect, who was a career criminal with over 300 arrests, was charged with resisting arrest and larceny.
A resident of Yorktown, Officer Perry had served with the white plains police Department for seven years and previously with the NYC Department of Environmental Protection police. He is survived by his wife, twin sons, parents, sister, and brother. On June 14, 2010, Officer Perry was posthumously promoted to the rank of police Detective.
It is only proper that the State of New York honor the memory of Detective Michael Perry and all the police officers and firefighters who have lost their lives in the line of duty, by ensuring their
families are taken care of after they make the absolute sacrifice to keep our communities safe.
3/7/12 Referred to Civil Service and Pensions
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2575--A 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- 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 accidental death benefits payable to beneficiaries of members of the New York state and local police and fire retirement system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 361 of the retirement and social security law is amended by adding a new closing paragraph to read as follows: FOR THE PURPOSES OF THIS SECTION AND SECTION THREE HUNDRED SIXTY-ONE-A OF THIS TITLE, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART WHICH RESULTS IN THE DEATH OF A MEMBER SHALL BE DEEMED TO HAVE BEEN INCURRED AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY IN THE SERVICE UPON WHICH HIS OR HER MEMBERSHIP WAS BASED. S 2. This act shall take effect immediately. FISCAL NOTE.--This bill would amend the Retirement and Social Security Law in relation to heart disease related deaths for police officers who are members of the New York State and Local Police and Fire Retirement System (PFRS). It would grant accidental death benefits for heart cases by deeming such deaths 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. The same criteria that exist for determining accidental death benefits for firefighters would be extended to police officers. If this bill is enacted, more accidental deaths benefits would be granted. The estimated increase in the annual contributions to the State of New York for the fiscal year ending March 31, 2014 would be approxi-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07333-03-3 S. 2575--A 2 mately $1.95 million. The increase in annual contributions for the participating employers in the PFRS for the fiscal year ending March 31, 2014 would be approximately $8.97 million. Summary of relevant resources: Data: March 31, 2012 Actuarial Year End File with distributions of membership and other statistics displayed in the 2012 Report of the Actuary and 2012 Comprehensive Annual Financial Report. Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2012 New York State and Local Retirement System Financial Statements and Supplementary Informa- tion. Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2012 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 May 10, 2013, and intended for use only during the 2013 Legislative Session, is Fiscal Note No. 2013-151 prepared by the Actuary for the PFRS.