New York Senate Bill S10131

New York 2025-2026 Regular Session

• Introduced: 4/30/26
• Refer: 4/30/26

Caption

Provides for performance of duty presumptions for HIV, tuberculosis and hepatitis for certain Nassau county positions.

Summary

S10131 would add a new section to the New York Retirement and Social Security Law creating a performance-of-duty disability presumption for certain Nassau County police department and emergency medical personnel. Covered employees include ambulance medical technicians, ambulance medical technician coordinators and supervisors, police medics and related coordinators and supervisors, and certain county emergency ambulance leadership and related service members. If one of these members contracts HIV, tuberculosis, or hepatitis after an exposure to bodily fluids in the course of duty, the bill presumes the disease was contracted in the performance of duty and presumes the member is disabled from performing duties, unless competent evidence proves otherwise. The bill also specifies that the resulting past service costs are to be borne by Nassau County and may be amortized over 10 years. It states that the new benefit is not subject to the appropriation requirement in section 25 of the Retirement and Social Security Law and would take effect immediately. The fiscal note indicates the benefit would likely increase the number of performance-of-duty disability retirements for future retirees, but that annual county contributions would not materially increase; it estimates an immediate past service cost of $84,300, with possible administrative costs as well.

Impact

This bill would amend the Retirement and Social Security Law by creating a new presumption-based disability benefit for a narrow group of Nassau County public safety and emergency medical employees. It would affect pension eligibility and disability determinations for covered members under section 607-j, shifting the evidentiary burden away from the employee when specified infectious diseases are contracted after occupational exposure. The measure would also impose the associated actuarial cost on Nassau County rather than the state system generally, with an option to amortize the cost over ten years.

Sentiment

The available record shows no committee transcript or recorded vote, so there is no documented floor or committee debate to gauge broader political sentiment. Based on the bill text and fiscal note, the proposal appears to be framed as a targeted occupational protection for first responders and police medic personnel, with the actuarial analysis suggesting manageable costs. Overall, the bill reads as supportive of affected workers and their disability protections, with no visible opposition in the provided materials.

Contention

The main policy issue is the creation of a legal presumption that HIV, tuberculosis, or hepatitis was contracted in the line of duty for specified Nassau County personnel, which lowers the burden of proof for disability benefits. Potential points of contention include the scope of covered titles, whether the presumption should apply only to Nassau County employees, and the fiscal responsibility placed on the county for past service costs and any administrative expenses. Another possible concern is the broader precedent of expanding presumptive disability coverage for infectious diseases in public safety retirement systems.