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A07250 Summary:

BILL NOA07250
 
SAME ASSAME AS S06862
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Add 207-r, Gen Muni L
 
Provides for a line of duty presumption for disabilities of fire alarm dispatchers in a city with a population of one million or more.
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A07250 Actions:

BILL NOA07250
 
05/16/2023referred to governmental employees
05/31/2023reported referred to ways and means
06/10/2023reported referred to rules
06/21/2023reported
06/21/2023rules report cal.870
06/21/2023substituted by s6862
 S06862 AMEND= JACKSON
 05/11/2023REFERRED TO CIVIL SERVICE AND PENSIONS
 05/23/2023REPORTED AND COMMITTED TO FINANCE
 06/01/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/01/2023ORDERED TO THIRD READING CAL.1534
 06/07/2023HOME RULE REQUEST
 06/07/2023PASSED SENATE
 06/07/2023DELIVERED TO ASSEMBLY
 06/07/2023referred to ways and means
 06/21/2023substituted for a7250
 06/21/2023ordered to third reading rules cal.870
 06/21/2023home rule request
 06/21/2023passed assembly
 06/21/2023returned to senate
 11/29/2023DELIVERED TO GOVERNOR
 12/08/2023VETOED MEMO.108
 05/11/2023REFERRED TO CIVIL SERVICE AND PENSIONS
 05/23/2023REPORTED AND COMMITTED TO FINANCE
 06/01/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/01/2023ORDERED TO THIRD READING CAL.1534
 06/07/2023HOME RULE REQUEST
 06/07/2023PASSED SENATE
 06/07/2023DELIVERED TO ASSEMBLY
 06/07/2023referred to ways and means
 06/21/2023substituted for a7250
 06/21/2023ordered to third reading rules cal.870
 06/21/2023home rule request
 06/21/2023passed assembly
 06/21/2023returned to senate
 11/29/2023DELIVERED TO GOVERNOR
 12/08/2023VETOED MEMO.108
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A07250 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7250
 
SPONSOR: Pheffer Amato
  TITLE OF BILL: An act to amend the general municipal law, in relation to disabilities of fire alarm dispatchers in certain cities   PURPOSE: This bill creates a rebuttable presumption that any heart diseases which cause health issues for New York City fire alarm dispatchers were incurred during the course and discharge of their duties.   SUMMARY OF PROVISIONS: Section 1 creates a new Section 207-R of the General Municipal Law to provide that any heart disease that impairs the health of a New York City fire alarm dispatcher is presumptive evidence that the illness was acquired during the performance and discharge of their duties. Section 2 states that all past service costs associated with implement- ing the provisions of this act shall be borne by the city of New York. Section 3 states that none of the provisions of this act shall be subject to the appropriation requirement of Section 25 of the Retirement and Social Security Law. Section 4 is the effective date.   JUSTIFICATION: The inherent nature of emergency calls places many first responders at risk of harm, injury, or death. While emergency dispatchers don't directly get involved at the scene of an emergency, they are exposed to many of the same mental and emotional traumas that first responders experience first-hand. As a result, emergency dispatchers are at a strong risk for occupational stress. Chronic stress on the job often causes mental health issues like anxiety, depression, heart disease, and PTSD. In addition to working at a high-stress job,' emergency dispatchers have a sedentary position at work, where they must sit for the entire shift. For many dispatchers, the combination of high stress, unhealthy eating habits, and a sedentary lifestyle are a recipe for obesity, heart prob- lems, depression, and other health issues. The 24/7 nature of emergency dispatching means that emergency responders have non-standard schedules. They are often subject to rotating shifts and mandatory overtime to'make sure that the emergency call center is appropriately staffed at all times. Not having a regular work schedule lends itself to emergency dispatchers having inconsistent sleep routines. Sporadic sleep schedules can nega- tively impact the body's natural rhythm. Irregular sleep and eating habits can also cause metabolic syndrome. A combined set of conditions cause metabolic syndrome including high blood pressure, increased blood sugar, abnormal cholesterol or triglyceride levels, and body fat around the waist. The disorder increases the risk of heart disease, stroke, and diabetes Being an Emergency Dispatcher is difficult for a multitude of reasons. Firstly, the job is incredibly intense and stressful; at any moment, a Dispatcher could answer the phone to a panicked caller and alter the course of their lives depending on actions taken. Emergency dispatchers are taught to control their emotions when taking a call, which can cause added stress on the body. While the dispatcher may not physically be present at the incident, this does not mean that they are not affected by or experiencing trauma. For the first responders who communicate with individuals during the last few moments of their life as they're trapped in a fire, the trauma and stress on their bodies are very real.   LEGISLATIVE HISTORY: New bill.   STATE AND LOCAL FISCAL IMPLICATIONS: Please see fiscal note.   EFFECTIVE DATE: This act shall take effect immediately.
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A07250 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7250
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 16, 2023
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees
 
        AN ACT to amend the general municipal law, in relation  to  disabilities
          of fire alarm dispatchers in certain cities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 207-r to read as follows:
     3    §  207-r.  Disabilities  of  fire alarm dispatchers in certain cities.
     4  Notwithstanding the provisions of any general, special or local  law  or
     5  administrative  code  to  the  contrary,  except for the purposes of the
     6  workers' compensation law and the labor law, any condition of impairment
     7  of health caused by diseases of the heart, resulting in total or partial
     8  disability or death to a fire alarm dispatcher, a supervising fire alarm
     9  dispatcher level one or a supervising fire alarm dispatcher level two of
    10  a fire department in a city with a population of one million or more, or
    11  any retired member of such department who has been retired for  five  or
    12  less years, who successfully passed a physical examination on entry into
    13  the  service  of such department, which examination failed to reveal any
    14  evidence of such condition, shall be presumptive evidence  that  it  was
    15  incurred  in  the performance and discharge of duty, unless the contrary
    16  be proved by competent evidence.
    17    §  2.  All  past  service  costs  associated  with  implementing   the
    18  provisions of this act shall be borne by the city of New York.
    19    §  3. Notwithstanding any other provision of law to the contrary, none
    20  of the provisions of this act shall  be  subject  to  the  appropriation
    21  requirement of section 25 of the retirement and social security law.
    22    § 4.  This act shall take effect immediately.
          FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
          SUMMARY  OF  BILL: This proposed legislation, as it relates to the New
        York City Retirement Systems and Pension Funds (NYCRS), would add a  new
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10279-02-3

        A. 7250                             2
 
        General  Municipal Law (GML) Section 207-r to provide certain Fire Alarm
        Dispatchers of the New York City Employees' Retirement System (NYCERS) a
        rebuttable statutory presumption that  a  qualifying  partial  or  total
        disability  or  death  related  to  a  heart disease was incurred in the
        performance of duty.
          The presumption of causation could be rebutted by  competent  evidence
        to the contrary.
          Effective Date: Upon enactment.
          IMPACT  ON  BENEFITS:  Currently,  an  active  member of NYCERS who is
        employed as a Fire Alarm Dispatcher and becomes disabled  due  to  heart
        disease  would be eligible for an applicable ordinary disability retire-
        ment benefit, after attaining 10 years of credited service. This benefit
        is generally a lifetime payment equal to the greatest of  1/3  of  Final
        Average  Salary  (FAS),  1/60th  of FAS for each year of service, or the
        service retirement benefit, if eligible.
          The ordinary death benefit for Tier 4 and Tier  6  NYCERS  Fire  Alarm
        Dispatchers  is  a  lump  sum  payment equal to three times the member's
        salary multiplied by the member's years of service, up to a  maximum  of
        three years. The performance of duty death benefit is generally equal to
        a  lifetime  benefit  of  50% of a member's wages earned during the last
        year of service, payable to certain beneficiaries.
          Under the proposed legislation, an active  member  of  NYCERS  who  is
        employed  as  a  Fire Alarm Dispatcher and becomes disabled due to heart
        disease would be eligible for a performance of duty  disability  benefit
        if  the  presumption is not rebutted by competent evidence. A member who
        dies due to heart disease would be eligible for a  performance  of  duty
        death benefit if the presumption is not rebutted by competent evidence.
          FINANCIAL  IMPACT  -  OVERVIEW: There is no data available to estimate
        the number of members who might develop and become disabled or  die  due
        to heart disease and potentially benefit from this proposed legislation.
        Therefore,  the  estimated financial impact has been calculated on a per
        event basis equal to the increase in the present value of future employ-
        er contributions for an average member who could  potentially  be  diag-
        nosed  with  disabling  heart  disease  and  who  would benefit from the
        proposed legislation.
          In determining the increase in the present value for members who could
        benefit from the presumption provided by the proposed  legislation  upon
        disability,  it has been assumed that members would terminate employment
        if the proposed legislation were not passed.
          In determining the increase in the present value for beneficiaries who
        could benefit from the presumption provided by the proposed  legislation
        upon  death,  it  has  been  assumed  that 100% of such members would be
        eligible for an Ordinary Death Benefit if the proposed legislation  were
        not passed.
          With  respect  to  an  individual  member, the additional cost of this
        proposed legislation could vary greatly depending on the member's length
        of service, age, and salary history. In particular, the increase due  to
        the  proposed  legislation  would be greater for a member who is not yet
        eligible for an Ordinary Disability benefit  when  the  disabling  heart
        disease is diagnosed.
          FINANCIAL  IMPACT  -  PRESENT VALUES: Based on the census data and the
        actuarial assumptions and methods described  herein,  the  enactment  of
        this  proposed  legislation  would  increase the present value of future
        employer contributions by approximately $233,300, on average,  for  each
        occurrence  of  Performance  of  Duty Disability Retirement due to heart

        A. 7250                             3
 
        disease and $304,200, on average, for each occurrence of Performance  of
        Duty Death due to heart disease.
          FINANCIAL  IMPACT  -  ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
        proposed legislation would increase employer contributions,  where  such
        amount  would  depend on the number of members affected as well as other
        characteristics including the age, years of service, and salary  history
        of each member.
          Based  on  the actuarial assumptions and methods described herein, the
        enactment of this proposed legislation is estimated to  increase  annual
        employer  contributions by approximately $27,600 for each Performance of
        Duty Disability Retirement due to heart  disease  and  by  approximately
        $36,000 for each Performance of Duty Death due to heart disease.
          As  there  is  no  data  currently available to estimate the number of
        members who might be diagnosed with heart disease, the financial  impact
        would  be  recognized  at  the  time  of event. Consequently, changes in
        employer contributions have been estimated assuming that the increase in
        the present value of future employer contributions will be financed over
        a closed 15-year period (14 payments under the One-Year Lag Methodology)
        using level dollar payments.
          With respect to the timing, increases in employer contributions  would
        depend  upon  when members would retire or die due to heart disease but,
        generally, increased employer contributions will first occur the  second
        fiscal  year following approval of the performance of duty disability or
        death benefit.
          CENSUS DATA: The estimates presented herein are based  on  the  census
        data  used  in the June 30, 2022 actuarial valuation of NYCERS to deter-
        mine the Preliminary Fiscal Year 2024 employer contributions.
          The 186 Fire Alarm Dispatchers and Supervising Fire Alarm  Dispatchers
        as  of  June  30, 2022, who could potentially benefit from the change in
        the death benefit presumption, had an average age of approximately  40.5
        years, average service of approximately 12.0 years, and an average sala-
        ry  of  approximately $81,800. This group consisted of 113 Tier 4 active
        members and 73 Tier 6 active members.
          The 77 Fire Alarm Dispatchers and Supervising Fire  Alarm  Dispatchers
        as  of  June  30, 2022, who could potentially benefit from the change in
        the disability benefit presumption, had an average age of  approximately
        33.8  years,  average service of approximately 5.1 years, and an average
        salary of approximately $69,400. This group consisted  of  four  Tier  4
        active members and 73 Tier 6 active members.
          ACTUARIAL ASSUMPTIONS AND METHODS: The estimates presented herein have
        been  calculated based on the actuarial assumptions and methods used for
        the Preliminary Fiscal Year 2024 employer contributions of NYCERS.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on the realization of the actuarial assumptions used, demograph-
        ics of the impacted population and other  factors  such  as  investment,
        contribution,  and other risks. If actual experience deviates from actu-
        arial assumptions, the actual costs could differ  from  those  presented
        herein.
          Costs  are also dependent on the actuarial methods used, and therefore
        different actuarial methods could produce different results. Quantifying
        these risks is beyond the scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          *  The  initial  additional  administrative  costs  to  implement  the
        proposed legislation.
          *  The  impact  of  this  proposed legislation on Other Postemployment
        Benefit costs.

        A. 7250                             4

          STATEMENT OF ACTUARIAL OPINION: I, Marek  Tyszkiewicz,  am  the  Chief
        Actuary  for,  and  independent of, the New York City Retirement Systems
        and Pension Funds. I am an Associate of the Society of Actuaries  and  a
        Member of the American Academy of Actuaries. I am a member of NYCERS but
        do  not  believe  it impairs my objectivity and I meet the Qualification
        Standards of the American Academy of Actuaries to render  the  actuarial
        opinion  contained  herein.  To  the  best  of my knowledge, the results
        contained  herein  have  been  prepared  in  accordance  with  generally
        accepted  actuarial  principles  and  procedures  and with the Actuarial
        Standards of Practice issued by the Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2023-44 dated May 9, 2023
        was prepared by the Chief Actuary  for  the  New  York  City  Employees'
        Retirement  System.  This  estimate  is intended for use only during the
        2023 Legislative Session.
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