A05710 Summary:
BILL NO | A05710 |
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SAME AS | SAME AS S07519 |
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SPONSOR | Pheffer Amato |
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COSPNSR | Fall, Santabarbara, Colton, Buttenschon |
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MLTSPNSR | |
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Amd §363-a, R & SS L | |
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Includes SUNY police officers for purposes of presumption regarding impairment caused by heart disease. |
A05710 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A5710 SPONSOR: Pheffer Amato
  TITLE OF BILL: An act to amend the retirement and social security law, in relation to certain disabilities of university police officers appointed by the state university of New York   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 363-a of the Retirement and Social Security Law to include university police, officers appointed by the state university of New York in the definition of police officers subject to the presumption that any disability or death resulting from heart disease was incurred in the performance and discharge of duty. Section two states that amendments made to section 363-a by this act do not affect the application of such provisions as extended by the provisions of section 480 of the retirement and social security law. Section three provides the effective date.   JUSTIFICATION: University Police Officers appointed by the State University of New York perform duties which are as stressful and physically demanding as other police officers and firefighters. This bill will provide University Police Officers with the same benefit as pertains to a heart presumption as is provided to other police officers.   PRIOR LEGISLATIVE HISTORY: 2022: A.4393A (Abbate) - reported referred to Ways and Means 2021: A.4393 (Abbate) - referred to Governmental Employees 2020: A.9876 (Abbate) / S.8007 (Gounardes) - referred to Governmental Employees 2019: A.5301 (Abbate) / S.3841 (Gounardes) - vetoed memo.265 2018: A.6413A (Abbate) / S.4634A (Funke) - vetoed memo.352 2017: A.6413 (Abbate) / S.4634 (Funke) - passed Senate   FISCAL IMPLICATIONS: See fiscal note.   EFFECTIVE DATE: This act shall take effect immediately.
A05710 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5710 2023-2024 Regular Sessions IN ASSEMBLY March 22, 2023 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees AN ACT to amend the retirement and social security law, in relation to certain disabilities of university police officers appointed by the state university of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 363-a of the retirement and social 2 security law, as amended by chapter 437 of the laws of 2016, is amended 3 to read as follows: 4 3. As used in this section, the terms "firefighter" and "police offi- 5 cer" mean any member who is performing police or fire service, as the 6 phrase police or fire service is defined in paragraphs a, b, c, d, f (as 7 added by chapter six hundred seventy-four of the laws of nineteen eight- 8 y-six), f (as added by chapter six hundred seventy-seven of the laws of 9 nineteen eighty-six), g, h, i and j of subdivision eleven of section 10 three hundred two of this article, and who, prior to entry into service 11 as a firefighter or police officer, successfully passed a physical exam- 12 ination which failed to disclose evidence of any disease or other 13 impairment of the heart. 14 § 2. The amendments to section 363-a of the retirement and social 15 security law made by section one of this act shall not affect, impair, 16 or invalidate any temporary right, privilege, or benefit conferred 17 pursuant to the provisions of a general, special or local law (other 18 than pursuant to articles 14 and 15 of the retirement and social securi- 19 ty law) for any member of a public retirement system or pension plan 20 funded by the state or one of its political subdivisions, nor shall any 21 amendments thereto affect the application of such provisions as extended 22 by the provisions of section 480 of the retirement and social security 23 law. 24 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08361-02-3A. 5710 2 FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill is a technical correction to Chapter 561 of the Laws of 2015. It would add a "heart bill" performance of duty disability provision for police officers of the State University of New York who are members of the New York State and Local Police and Fire Retirement System (NYSLPFRS). If this legislation is enacted during the 2023 legislative session, it would lead to more disabilities being classified as "in performance of duty". However, we anticipate that few additional performance of duty disa- bility retirements will be granted, and thus, the resulting costs are expected to be negligible. Summary of relevant resources: Membership data as of March 31, 2022 was used in measuring the impact of the proposed change, the same data used in the April 1, 2022 actuari- al valuation. Distributions and other statistics can be found in the 2022 Report of the Actuary and the 2022 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2020, 2021, and 2022 Annual Report to the Comptroller on Actuarial Assump- tions, 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, 2022 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 actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated March 15, 2023, and intended for use only during the 2023 Legislative Session, is Fiscal Note No. 2023-104, prepared by the Actuary for the New York State and Local Retirement System.