Presumes for certain members of the NYS&LP&FRS that the contracting of methicillin resistant staphylococcus aureus (MRSA) was in the discharge or performance of duties as the natural and proximate result of an accident; provides 3/4 pension for such members.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to providing three-quarters of pension for police officers and firefighters who contract methicillin resistant staphylococcus aureus
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 THIS 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
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: See fiscal note.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7209 IN SENATE May 2, 2012 ___________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 providing three-quarters of pension for police officers and firefight- ers who contract methicillin resistant staphylococcus aureus 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, we anticipate that few additional accidental disability retirements will be granted, and thus, the resulting costs will be negligible. Summary of relevant resources: Data: March 31, 2011 Actuarial Year End File with distributions of membership and other statistics displayed in the 2011 Report of the Actuary and 2011 Comprehensive Annual Financial Report.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09554-03-2 S. 7209 2 Assumptions and Methods: 2010 and 2011 Annual Report to the Comp- troller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2011 New York State and Local Retirement System Financial Statements and Supplementary Informa- tion. Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2011 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 December 16, 2011, and intended for use only during the 2012 Legislative Session, is Fiscal Note No. 2012-52, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.