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 New York City deputy sheriffs who are members of NYCERS and who become physically or mentally incapacitated as a result of an injury sustained in the line of duty. For qualifying members, the bill provides a disability retirement allowance equal to three-quarters of final average salary, subject to existing city administrative code provisions.
The bill also establishes a rebuttable presumption that, for covered deputy sheriffs, HIV, tuberculosis, or hepatitis contracted in the course of duty is presumed to be an accidental injury arising from performance of duty unless proven otherwise by competent evidence. The presumption applies where exposure may have occurred through contact with bodily fluids or with persons examined, transported, rescued, or otherwise handled in the course of duty. The measure is limited to 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.
Impact
The bill amends the Retirement and Social Security Law and the General Municipal Law to add new provisions specifically for New York City deputy sheriffs. It would change how certain duty-related infectious disease cases are treated for pension purposes by creating a statutory presumption of line-of-duty injury and by making eligible members entitled to a 75% final average salary disability benefit rather than relying only on ordinary disability retirement rules. The fiscal note indicates the measure would increase employer pension contributions for New York City and could create ongoing actuarial liabilities, with costs depending on the number of claims and member circumstances.
Sentiment
The available materials suggest the bill is intended as a protective benefit measure for deputy sheriffs and is framed as a public-safety and occupational-risk response. There are no recorded committee transcripts or votes in the provided context, so there is no direct evidence of opposition or support from debate. The fiscal note, however, highlights that the proposal would impose additional costs on New York City, which is the main policy tradeoff reflected in the record.
Contention
The principal point of contention is likely fiscal impact versus expanded benefits. The bill would create a rebuttable presumption for HIV, tuberculosis, and hepatitis claims, which lowers the evidentiary burden for affected deputy sheriffs and could increase pension costs for the city. Another potential issue is the bill’s narrow scope: it applies only to deputy sheriffs in a city of one million or more, meaning it is tailored to New York City and may raise questions about parity with other public employees or other law enforcement personnel. No specific objections or supporters are documented in the provided transcripts or votes.
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.