BILL NUMBER: S8945
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
providing a heart disease presumption for certain members employed as
probation officers
 
PURPOSE:
This proposed legislation would provide to NYCERS Tier 4 and Tier 6
Probation Officers a rebuttable statutory presumption that a qualifying
disability or death related to heart disease was incurred in the
performance of duty and provide a performance of duty disability retire-
ment benefit equal to 750 of Final Average Salary.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new Section 607-m to the Retirement and Social
Security Law that authorizes death benefits and disability retirement
for probation officers and probation officer trainees who are members of
the NYS and Local Employees Retirement System (ERS) who develop a disa-
bility or lose their lives as a result of a heart-related illness while
employed as a probation officer and probation officer trainees when
there is an absence of evidence that the impairment is not performance
related.
Section 2 provides that all past service costs associated with imple-
menting the provisions of this act shall be borne by the city of New
York.
Section 3 provides that this act shall not be subject to Section 25 of
the Retirement and Social Security Law.
Section 4 is the effective date.
 
JUSTIFICATION:
Probation officers and probation officer trainees perform duties which
are as stressful and physically demanding as other correction officers
and sheriffs. As more violent felony offenders are being sentenced to
probation, it is imperative that these probation officers and probation
officer trainees' health are protected. This bill will provide probation
officers and probation officer trainees the same benefit pertaining to a
heart presumption as is provided by other law enforcement officers.
 
LEGISLATIVE HISTORY:
2025: S. 7148/ A. 8324 - Vetoed by the Governor - Memorandum 152
 
STATE AND LOCAL FISCAL IMPLICATIONS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.