Provides for a disability retirement for certain deputy sheriff members of a retirement system in certain cities
Summary
This bill would create a new disability retirement presumption for certain deputy sheriffs in cities with populations of one million or more, which in practice applies to New York City deputy sheriff members of NYCERS. It provides that a lung disease causing total or partial disability, or death, will be presumed to have been incurred in the performance of duty if the employee passed a pre-employment physical that did not reveal the condition. The presumption is rebuttable, meaning it can be overcome by competent evidence to the contrary.
The bill also sets the benefit level for qualifying deputy sheriffs at a pension equal to three-fourths of final average salary. In addition, it extends that recalculated benefit to certain retirees who have been retired five years or less and who would have qualified under the new presumption had it been in effect at the time of retirement. For those retirees, the higher pension would be paid retroactively beginning on the later of the bill’s effective date or the date the lung disease caused full or partial disability.
Impact
The bill amends the General Municipal Law by adding a new section 207-r and creates a special disability retirement rule for a narrow class of deputy sheriff employees and recent retirees in large cities. It changes the legal treatment of lung disease claims for these members by establishing a statutory presumption of duty-related disability or death, and it increases pension obligations by requiring a 75% final average salary benefit rather than the lower ordinary disability retirement benefit that would otherwise apply. The fiscal note indicates the added costs would be borne by New York City through higher employer contributions to NYCERS.
Sentiment
The available materials suggest the bill is intended as a benefit enhancement for a specific public safety workforce and is framed in supportive terms for affected deputy sheriffs. No committee transcript or recorded vote is provided, so there is no documented debate or formal opposition in the supplied record. The fiscal note, however, highlights that the measure would increase employer contribution costs, which is the main practical concern reflected in the materials.
Contention
The principal point of contention is fiscal impact: the bill would raise pension costs for New York City and increase employer contributions to the retirement system, with the actuarial note projecting ongoing costs that could grow over time depending on the number of claims. Another potential issue is the scope of the presumption, since it applies only to deputy sheriffs in cities of one million or more and only to lung disease claims, making it a targeted benefit expansion rather than a broad statewide rule. The bill also creates a retroactive recalculation for retirees within five years, which could be viewed as a significant added liability.
Same As
Provides for a line of duty disability presumption for any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death of certain deputy sheriff members of a retirement system in certain cities.