Provides a presumption for accidental disability benefits for certain deputy sheriff members in the sheriff's department of a city with a population of one million or more who in performance of their duties contract human immunodeficiency virus (HIV), tuberculosis or hepatitis.
Summary
This bill creates a new performance-of-duty disability retirement benefit for certain deputy sheriffs employed by New York City and covered by NYCERS. If a covered deputy sheriff becomes physically or mentally incapacitated as a natural and proximate result of an injury sustained in the line of duty, the member would receive a disability retirement allowance equal to three-quarters of final average salary, subject to existing city code provisions.
The bill also establishes a rebuttable presumption that HIV, tuberculosis, or hepatitis contracted by a covered deputy sheriff was incurred in the performance of duty and resulted from an accidental injury, unless competent evidence proves otherwise. The presumption applies where exposure may have occurred through contact with bodily fluids or other contact with a person under the member’s care, treatment, transport, rescue, or other official duties. The measure takes effect immediately.
Impact
The bill amends the Retirement and Social Security Law and the General Municipal Law to add special disability-retirement protections for deputy sheriffs in the sheriff’s department of a city with a population of one million or more, which in practice targets New York City. It would give eligible members a line-of-duty disability benefit at 75% of final average salary and change the evidentiary standard for certain infectious-disease claims by presuming duty-related causation unless rebutted. The fiscal note indicates the costs would be borne by New York City through increased employer contributions to the retirement system, with potential impacts on both disability and death benefits.
Sentiment
The available context suggests generally favorable treatment of the bill, or at least no recorded opposition in the provided materials. The bill was advanced through committee and amended, which indicates legislative interest in refining and moving the proposal forward. The fiscal note frames the measure as a targeted benefit enhancement for a small, identifiable group of public employees rather than a broad pension expansion.
Contention
The main policy issue is the cost of expanding pension and disability benefits, especially because the fiscal note projects increased employer contributions for New York City and notes that the ultimate cost depends on how many members qualify in the future. Another point of contention is the presumption of work-related disease contraction, which shifts the burden of proof to the employer or retirement system to disprove duty-related causation for HIV, tuberculosis, or hepatitis claims. Supporters would likely emphasize occupational exposure risk for deputy sheriffs, while critics may focus on actuarial cost, precedent for other employee groups, and the breadth of the presumption.
Same As
Provides a presumption for accidental disability benefits for certain deputy sheriff members in the sheriff's department of a city with a population of one million or more who in performance of their duties contract human immunodeficiency virus (HIV), tuberculosis or hepatitis.