Provides a lung disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors.
Summary
This bill would create a new statutory presumption in the New York retirement and social security law for certain public safety employees covered by the New York State and Local Employees’ Retirement System. Specifically, it applies to correction officers, correction supervisors, deputy sheriff patrol officers, and deputy sheriff patrol supervisors who develop lung disease resulting in disability or death while employed. If the member had passed a pre-employment physical that did not show lung impairment, the lung disease would be presumed to have been incurred in the performance and discharge of duty and to be the natural and proximate result of an accident, unless rebutted by competent evidence.
The bill adds parallel provisions to two sections of the retirement law so that affected employees may qualify for accidental disability or accidental death benefits under the applicable retirement system rules. It also states that the new provisions are not subject to section 25 of the retirement and social security law and would take effect immediately. The fiscal note anticipates increased accidental disability and death benefit claims, an immediate past service cost shared by participating employers in NYSLERS, and some administrative implementation costs.
Impact
The bill would amend the Retirement and Social Security Law by adding new sections 63-j and 605-h to establish a lung disease presumption for specified correction and deputy sheriff patrol titles in NYSLERS. In practical terms, this would make it easier for eligible employees or their survivors to obtain accidental disability or death benefits by shifting the burden of proof away from the claimant once the statutory conditions are met. The fiscal note indicates the change would likely increase benefit liabilities for the retirement system and create an immediate past service cost, though it says annual employer contributions would not materially increase.
Sentiment
The available voting history shows strong support for the bill in committee, with unanimous votes in both the Senate Civil Service and Pensions Committee and the Senate Finance Committee. No committee transcript is provided, but the vote totals suggest broad agreement on extending presumptive disability protection to these public safety workers. The overall sentiment appears favorable and protective of correction officers and deputy sheriff patrol personnel.
Contention
The main policy issue is the expansion of presumptive disability coverage and the resulting cost to the retirement system and participating employers. Supporters are likely focused on fairness and occupational risk for correction officers and deputy sheriff patrol staff, while any concerns would center on the fiscal impact, the breadth of the presumption, and the difficulty of identifying all affected deputy sheriff patrol titles. The fiscal note also notes that the bill would increase the number of accidental disability and death benefits, which may be a point of concern for budget-conscious stakeholders.
Same As
Provides a lung disease presumption for correction officers, correction supervisors, deputy sheriff patrol or deputy sheriff patrol supervisors.
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.
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.