Bill S4149-2013

Relates to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty

Relates to benefits payable to, or on behalf of, certain employees of the department of corrections and community supervision injured or killed in the performance of duty; adds a heart presumption for peace officers of the department of corrections and community supervision who are members of the NYS&LERS.

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  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Mar 12, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S4149

TITLE OF BILL: An act to amend the retirement and social security law, in relation to benefits payable to, or on behalf of, certain employees of the division of parole injured or killed in the performance of duty; and providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill intends to provide parole officers who suffer job related heart disease with the presumption that the heart disease is job related.

SUMMARY OF SPECIFIC PROVISIONS: This bill would provide that it shall be presumptive evidence that a parole officer who suffers an impairment of health, due to heart disease, which results in disability or death, that such heart disease is employment related; and require the parole officer to have successfully passed a physical examination prior to entry into service which failed to disclose evidence of heart disease.

JUSTIFICATION: Parole officers employed by the Division of Parole, like law enforcement and fire fighting officers, argue that-heart conditions are often caused by, or aggravated by, the nature of their work and that, accordingly, such injuries should be considered job-connected. This bill would extend to parole officers the benefits of the "heart bill." police officers and fire fighters already are protected by this benefit.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: See Bill.

EFFECTIVE DATE: : 90 days after enactment and shall expire and be deemed repealed on July 1, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 4149 2013-2014 Regular Sessions IN SENATE March 12, 2013 ___________
Introduced by Sen. ADDABBO -- 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 benefits payable to, or on behalf of, certain employees of the divi- sion of parole injured or killed in the performance of duty; and providing for the repeal of such provisions upon expiration thereof 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 63-g to read as follows: S 63-G. DISABILITY RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF PAROLE; CERTAIN DISABILITIES. A. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF THE HEART, RESULTING IN DISABILITY OR DEATH TO A PEACE OFFICER EMPLOYED BY THE DIVISION OF PAROLE SHALL BE PRESUMPTIVE EVIDENCE THAT 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. B. AS USED IN THIS SECTION, THE TERM "PEACE OFFICER" SHALL MEAN ANY EMPLOYEE OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE OFFICER PURSUANT TO SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, WHO, PRIOR TO ENTRY INTO SERVICE AS A PAROLE OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL EXAMINA- TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR- MENT OF THE HEART. S 2. The retirement and social security law is amended by adding a new section 605-d to read as follows: S 605-D. DISABILITY RETIREMENT FOR PEACE OFFICERS OF THE DIVISION OF PAROLE; ACCIDENTAL DISABILITY RETIREMENT FOR CERTAIN DISABILITIES. A. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, IF AN IMPAIRMENT OF HEALTH CAUSED BY
DISEASES OF THE HEART, RESULTS IN DISABILITY OR DEATH TO A PEACE OFFICER EMPLOYED BY THE DIVISION OF PAROLE SUCH IMPAIRMENT SHALL BE PRESUMPTIVE EVIDENCE THAT 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, AND SUCH PEACE OFFICER SHALL BE PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THAT WHICH IS PROVIDED IN SECTION SIXTY-THREE OF THIS CHAPTER SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER. SAID PEACE OFFICER MAY MAKE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT SUBJECT TO THE FILING REQUIREMENTS PROVIDED BY SECTION SIXTY-THREE OF THIS CHAPTER. B. AS USED IN THIS SECTION, THE TERM "PEACE OFFICER" SHALL MEAN ANY EMPLOYEE OF THE DIVISION OF PAROLE WHO IS DESIGNATED AS A PEACE OFFICER PURSUANT TO SUBDIVISION TWENTY-THREE OR TWENTY-THREE-A OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, WHO, PRIOR TO ENTRY INTO SERVICE AS A PAROLE OR SENIOR PAROLE OFFICER SUCCESSFULLY PASSED A PHYSICAL EXAMINA- TION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIR- MENT OF THE HEART. S 3. This act shall take effect on the ninetieth day after it shall have become a law and shall expire and be deemed repealed July 1, 2014. 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 and deaths. It would add a "heart presumption" for parole officers, parole revocation specialists and warrant officers in the Department of Corrections and Community Supervision who are designated as a peace officer and are members of the New York State and Local Employees' Retirement System. The presumption would help individuals, or those filing on their behalf, who sustained a job related accident establish that their heart disability or death is the natural and proximate result of such accident. The accidental disa- bility benefit would be 75% of final average salary less worker's compensation. If this bill is enacted, it could increase benefits from 1/3 of final average salary to 3/4 of final average salary, less worker's compen- sation. We anticipate that very few members would receive increased benefits under this proposal, since the member, or the person filing on behalf of the member, would have to prove that such heart related disa- bility or death was the result of an accident. The estimated increase in the annual contributions for the State of New York would be approximate- ly $93,000. These estimated costs are based on 1,081 members having a total annual salary for the fiscal year ending March 31, 2012 of approximately $84 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.

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