Bill > S08052

This bill amends the retirement and social security law to provide a disability presumption for members of public retirement systems. Specifically, the bill states that if a public retirement system member has been determined to have a permanent partial disability by the New York Workers' Compensation Board, or has been deemed disabled for substantial gainful activity and approved for Social Security Disability benefits by the United States Social Security Administration, they shall automatically be considered disabled for the purposes of eligibility for disability benefits in their public retirement system. This change modifies the current statute, which previously required members to be physically or mentally incapacitated from performing gainful employment, and shifts the determination to include external disability assessments from workers' compensation and social security. The bill aims to simplify the process for public retirement system members to qualify for disability benefits by recognizing disability determinations made by other government agencies. The fiscal note indicates that while the exact cost of the bill cannot be precisely determined, the average disability benefit could range from $260,000 to $380,000 per member, depending on factors like age, tier, years of service, and salary.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S8052