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Bill

S 9881

Provides for a disability retirement for certain deputy sheriff members of a retirement system in certain cities

2025 Regular Session Introduced by Joe Addabbo and 1 co-sponsor

Creates a rebuttable presumption that line-of-duty lung-disease disabilities in NYC deputy sheriffs are work-related, granting a 75% final-average-salary pension with no workers’ c

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Bill Summary · S 9881

Summary of Bill S. 9881 (2025-2026) — New York

Purpose and intent

  • Establishes a presumptive disability framework for certain deputy sheriff members of a retirement system in New York City (NYC) who are disabled by diseases of the lung.
  • Creates a rebuttable presumption that qualifying partial or total lung-disease disabilities (and related deaths) incurred in the line of duty.

What the bill does (Key provisions)

  1. NEW PRESUMPTION FOR LINE-OF-DUTY DISABILITIES
  2. Source of coverage: Applies to deputy sheriff members of a city sheriff’s department in a city with a population of one million or more (i.e., New York City) who are drawn from competitive civil service lists, or to retired members who retired with duties equivalent to those of a deputy sheriff and who have been retired for five years or less.
  3. Conditions: The presumption applies when the impairment is a lung disease that results in total or partial disability or death, and the member previously passed a physical exam on entry that did not reveal such a condition.
  4. Effect: The presumption is that the disability or death was incurred in the performance and discharge of duty, unless proven otherwise by competent evidence.

  5. Scope exception: This presumption does not apply to workers’ compensation law or the labor law.

  6. PENSION BENEFIT CALCULATION AND RECALCULATION

  7. Retired member entitlement under the new standard:

    • A deputy sheriff who retires under the new provision would receive a pension equal to 75% of the member’s final average salary (FAS).
    • If a retired member has been retired five years or less and would have qualified under the new provision if it had been in force at retirement, they also receive 75% of FAS.
    • These pensions would be recalculated to start from the later of: (a) the effective date of the act or (b) the first day that the disease of the lung caused full or partial disability in the retired member.

  8. No offset for Workers’ Compensation:

    • The 75% FAS disability pension is provided without an offset for Workers’ Compensation benefits.

  9. ADMINISTRATIVE AND COMPENSATION NOTE

  10. Applies to NYCERS (New York City Employees’ Retirement System) deputy sheriff members.

  11. The accompanying fiscal note indicates estimated actuarial impacts, including potential increases to employer contributions allocated to New York City.

  12. Present value and unfunded accrued liability (UAL) considerations are provided, with illustrative numbers for both disability and death scenarios over a long-term horizon.

  13. The fiscal note acknowledges uncertainty and variability based on actual demographics, future experience, investment returns, and other risks.

Who would be affected

  • Primary beneficiaries:
    • NYC deputy sheriff members of the sheriff’s department who are covered by NYCERS, including:
    • Active deputy sheriffs who develop lung disease and become disabled.
    • Retired deputy sheriffs (within five years of retirement) whose service or duties align with deputy sheriff roles.
  • Potential beneficiaries include current active members and those recently retired if they meet the subsection criteria.
  • Employers and the NYC budget:
    • City of New York (via NYCERS) would bear incremental pension costs arising from the new disability presumption and higher pension benefit level.
    • The fiscal note estimates the long-term impact on employer contributions and the actuarial liabilities.

Timelines and effective date

  • Effective date: Immediate upon enactment (the act takes effect immediately).
  • Process timeline:
    • Introduced April 10, 2026.
    • Passed by the Senate on June 1, 2026, and delivered to the Assembly.
    • The bill includes a standard legislative path, with committee consideration and potential further action.

Financial and actuarial notes (highlights)

  • Present Value of Benefits and Employer Contributions:
    • The actuarial analysis shows an increase in employer contributions necessary to fund the additional 75% FAS disability pension with no workers’ compensation offset.
    • The fiscal note provides year-by-year projections for the first 25 years, differentiating between a single-disability event and an annual disability event, with escalating costs over time.
  • Census snapshot (illustrative):
    • NYCERS active members affected: 168 active, average age ~41.3, average service ~9.6 years, average salary ~$84,800.
    • Receiving members: 31, average age ~60.3.
  • Assumptions:
    • Based on Revised 2021 actuarial assumptions and methods.
    • Uncertainty acknowledged; actual costs depend on demographic and economic factors, as well as investment performance.

Bottom line

  • The bill creates a rebuttable presumption that lung-disease-related disabilities or deaths among NYC deputy sheriffs (active or recently retired) are work-related and eligible for a 75% final-average-salary disability pension, with a recalculation aligned to disability onset and no offset for workers’ compensation.
  • It expands benefits for qualifying deputy sheriffs, while imposing long-term actuarial and budgetary implications for NYC’s pension system and annual employer contributions.

Compiled from official sources — confirm details with the bill’s official record.

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