BILL NUMBER: S8142B
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the retirement and social security law and the general
municipal law, in relation to accidental disability benefits for certain
deputy sheriff members in the sheriff's department of a city with a
population of one million or more
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide New York City Deputy Sheriffs with the presumption that a
member who is disabled -due to HIV, tuberculosis, or hepatitis
contracted such affliction causing their disability while performing
their duties as a deputy sheriff.
 
SUMMARY OF PROVISIONS:
Section one of this bill adds section 607-m to the Retirement and Social
Security Law section 89-p. New section 607-m provides a presumption that
a New York CityòDeputy Sheriff who becomes unable to perform their
duties due to HIV, tuberculosis, or hepatitis contracted such affliction
in performance of their duties, entitling the disabled member to a
performance of duty disability pension in the amount of three-quarters
of their final average salary. This presumption may be rebutted by
competent evidence.
Section two of this bill adds a new section 207-r to the General Munici-
pal Law. This new section provides a presumption that a New York City
Deputy Sheriff who becomes unable to perform their duties due to HIV,
tuberculosis, or hepatitis contracted such affliction in performance of
their duties. This presumption may be rebutted by competent evidence.
Section three of this bill provides that this act shall take effect
immediately.
 
JUSTIFICATION:
New York City Deputy Sheriffs are sworn law enforcement officers tasked
to enforce court orders of various magnitudes and respond to a myriad of
public safety emergencies. On a daily basis, deputy sheriffs bring
mentally ill individuals deemed a dancer to themselves and others into
custody pursuant Mental Hygiene Law 9.43, 9.41, and 9.60 Arrest Warrants
and Kendra Law Removal Orders at the request of the Department of Health
and Mental Hygiene. Deputies also regularly work in an environment where
they enter in and out of healthcare facilities and correctional insti-
tutions. while carrying out these duties, deputy sheriffs are exposed to
various airborne and bloodborne illnesses from the individuals they take
into custody. The Hepatitis, AIDS and Tuberculosis (HAT)Bill would
protect these sworn officers in the event they contract such illnesses
and appropriately recognize the risk these officers take on in order to
safely execute the dangerous tasks asked of them regularly. Currently,
it is difficult to recruit and retain deputy sheriffs in New York City.
The deputy sheriffs employed by the New York City Sheriff's Department
are the only members of the New York City uniformed service that are not
afforded the presumption of disability for members who become disabled
due to HIV; tubertulosis, or hepatitis. Providing this presumption would
level the playing field for all New York City Deputy Sheriffs. This
legislation would assist the New York City Sheriff's Office in providing
competitive benefits to current employees and recruits.
 
PRIOR LEGISLATIVE HISTORY:
2025: S.8142A - Amended and Recommitted to Civil Service and
Pensions/A.8737 - Referred to Governmental Employees
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.