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.

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S7209-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A5739A
• Jun 6, 2012: ADVANCED TO THIRD READING
• Jun 5, 2012: 2ND REPORT CAL.
• Jun 4, 2012: 1ST REPORT CAL.1012
• May 2, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS

S7209-2011 Meetings

Civil Service and Pensions: Jun 4, 2012

S7209-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S7209-2011 Votes

S7209-2011 Memo

BILL NUMBER:S7209

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.

S7209-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7209

                              I N  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.