New York 2025-2026 Regular Session

New York Assembly Bill A08356

Introduced
5/13/25  
Refer
5/13/25  
Report Pass
6/16/25  
Refer
6/16/25  

Caption

Provides for a line of duty disability presumption for any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death of certain deputy sheriff members of a retirement system in certain cities.

Impact

The new presumption would allow those who develop lung-related health issues to access benefits more easily. Under current laws, these individuals typically must provide substantial evidence linking their impairment directly to their duties to qualify for benefits; this legislation reverses that burden of proof. The fiscal implications include adjustments to pension calculations, where qualifying members could receive up to 75% of their final average salary as a disability benefit, and youth pensioners could have their pensions recalculated based on the new criteria of this bill.

Summary

Bill A08356 aims to provide a rebuttable statutory presumption of duty-related health impairment for deputy sheriffs and retirees within five years of retirement, specifically relating to lung diseases. If passed, this legislation will modify existing provisions under the general municipal law by enabling certain deputy sheriff members or retirees to receive disability benefits if they develop lung disease conditions, assuming these occurred during the performance of their duties. The bill is specifically targeted at those in cities with populations of one million or more, thereby focusing predominantly on New York City.

Conclusion

Overall, A08356 seems to aim at supporting those who have served in a high-risk capacity by simplifying access to health-related benefits while also navigating complex fiscal considerations. The measure reflects an acknowledgment of the unique health challenges faced by deputy sheriffs, particularly in relation to respiratory diseases, yet raises important questions around funding and implementation.

Contention

Some potential points of contention surrounding A08356 could arise in the discussions regarding the extent of the presumption of duty-related impairment. Critics may argue this could lead to an increase in claims, potentially burdening the New York City Employees' Retirement System financially. The exact financial impact remains uncertain, as the bill introduces various actuarial assumptions based on unclear future member participation and varying degrees of member benefits, encouraging debates about the long-term sustainability of such measures.

Companion Bills

NY S07748

Same As Provides for a line of duty disability presumption for any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death of certain deputy sheriff members of a retirement system in certain cities.

Previously Filed As

NY A11031

Provides for a line of duty disability presumption for any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death of certain deputy sheriff members of a retirement system in certain cities.

NY S07748

Provides for a line of duty disability presumption for any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death of certain deputy sheriff members of a retirement system in certain cities.

NY S09881

Provides for a line of duty disability presumption for any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death of certain deputy sheriff members of a retirement system in certain cities.

NY A11028

Provides for a line of duty presumption for disabilities of deputy sheriffs in a city with a population of one million or more.

NY A08354

Provides for a line of duty presumption for disabilities of deputy sheriffs in a city with a population of one million or more.

NY S09882

Provides for a line of duty presumption for disabilities of deputy sheriffs in a city with a population of one million or more.

NY S07749

Provides for a line of duty presumption for disabilities of deputy sheriffs in a city with a population of one million or more.

NY S06554

Provides for benefits for certain emergency medical technicians or advanced emergency medical technicians in the city of New York who suffer any condition or impairment of health caused by a stroke resulting in disability or death.

NY S08142

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.

NY A08737

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.

Similar Bills

No similar bills found.