Bill S7176A-2013

Relates to extending the filing deadline for active and retired firefighters to file for accidental disability retirement for certain injuries

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.

Details

Actions

  • Dec 17, 2014: VETOED MEMO.565
  • Dec 5, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: ordered to third reading rules cal.477
  • Jun 19, 2014: substituted for a9541
  • Jun 16, 2014: referred to ways and means
  • Jun 16, 2014: DELIVERED TO ASSEMBLY
  • Jun 16, 2014: PASSED SENATE
  • Jun 9, 2014: AMENDED ON THIRD READING (T) 7176A
  • May 21, 2014: ADVANCED TO THIRD READING
  • May 20, 2014: 2ND REPORT CAL.
  • May 19, 2014: 1ST REPORT CAL.801
  • May 1, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Calendars

Votes

Memo

BILL NUMBER:S7176A

TITLE OF BILL: An act to amend the retirement and social security law, in relation to accidental disability retirement

PURPOSE:

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.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

See fiscal note.

EFFECTIVE DATE:

Immediately.


Text

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-

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