Extends the filing deadline for active and retired firefighters to file for accidental disability retirement for World trade center conditions from 2 to 5 years.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Espaillat, Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the retirement and social security law, in relation to accidental disability retirement
To extend the filing deadline from 2 years to 5 years for firefighters in the New York State and Local Police and Fire Retirement System to file application for disability benefits due to certain cancers.
SUMMARY OF PROVISIONS:
Paragraph 2 of subdivision a of section 363 of the retirement and social security law is amended.
The increased use of plastic and other chemical products in the last several decades has resulted in a qualitative change in the nature of the compounds to which firefighters are exposed at fires.
Reports of excess cancer incidents in firefighters, compared to average adult population, include mouth and throat cancer, intestinal and rectal cancer, colon, lung and lymphatic cancer and excess total cancer and leukemia deaths.
This increase in cancer is due to the proliferation of synthetic chemicals resulting in firefighters exposure in increasing numbers and quantities of chemical carcinogens in the products of combustion and off-gassed materials from plastics and other synthetic substances at fires.
It has become evident that often times various cancers as a result of the aforementioned exposures are not immediately obvious and/or diagnosed. Accordingly, it is necessary to extend the filing period for cancers experienced by firefighters from the present two year time period after normal retirement to a five year time period.
See fiscal note.
STATE OF NEW YORK ________________________________________________________________________ 7176--A Cal. No. 801 IN SENATE May 1, 2014 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 BENEFIT SHALL BE FIVE YEARS. S 2. This act shall take effect immediately and apply to all applica- tions filed on or after such date. 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- bility retirement due to certain cancers. If this bill is enacted, the cost would depend on 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 ordi-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14926-02-4 S. 7176--A 2 nary disability, a performance of duty disability or a service retire- ment. 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 1.5 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 times final aver- age 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 4 times final average salary. The number of members of 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. 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, 2013 actuarial valu- ation. Distributions and other statistics can be found in the 2013 Report of the Actuary and the 2013 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2010, 2011, 2012 and 2013 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, 2013 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 statement of actuarial opinion contained herein. This estimate, dated April 14, 2014, and intended for use only during the 2014 Legislative Session, is Fiscal Note No. 2014-118, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.