This bill has been amended

Bill S3785-2013

Establishes a presumption that police officers and firefighters who contract methicillin resistant staphylococcus aureus or staph/MRSA contracted such disease in the performance of duty

Relates to impairments of health, presumption and staph/MRSA.

Details

Actions

  • Feb 15, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S3785

TITLE OF BILL: An act to amend the retirement and social security law, in relation to establishing a presumption that police officers and firefighters, who contract methicillin resistant Staphylococcus aureus or staph/MRSA, contracted such disease in the performance of his or her duties

PURPOSE OR GENERAL IDEA OF BILL: This bill intends to provide 2 police officers and firefighters a proper pension in the case of employment related disabilities.

SUMMARY OF SPECIFIC PROVISIONS: This bill would provide a 75% accidental disability benefit for police officers and firefighters provide the assumption that methicillin resistant staphylococcus aureus was contracted in the line of duty.

EFFECTS OF PRESENT LAW WHICH pus BILL WOULD ALTER: Presently, police officers' and firefighters who suffer employment related disabilities such as tuberculosis, hepatitis, or HIV are able to receive a three quarters accidental disability benefit. This legislation would extend such a benefit to those police officers and firefighters who contract methicillin resistant staphylococcus aureus.

JUSTIFICATION: Due to the increased exposure which police officers and firefighters have to those individuals who have methicillin resistant staphylococcus aureus and to protect the families of those police officers and firefighters who are so exposed, a presumption that the individual is disabled from the performance of duties is warranted. The retirement system has the burden of proving otherwise. This legislation would deem such exposure as an accident so that the member would be, eligible for three-quarters of their final average salary. There can be no dispute that such protection is more than warranted.

PRIOR LEGISLATIVE HISTORY: A.10927A of 2008 A.6373 (A) of 2009, 2010 S.7209 of 2012

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: See fiscal note.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3785 2013-2014 Regular Sessions IN SENATE February 15, 2013 ___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to establishing a presumption that police officers and firefighters, who contract methicillin resistant Staphylococcus aureus or staph/MRSA, contracted such disease in the performance of his or her duties 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, it would lead to more disabilities being classified as "accidental". For the disabilities so classified due to this bill, the cost would depend on whether such person would have otherwise been eligible for an ordinary disability, a performance of duty disability or a service retirement. For those who contract such

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