S T A T E O F N E W Y O R K
________________________________________________________________________
7520
2013-2014 Regular Sessions
I N A S S E M B L Y
May 23, 2013
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Introduced by M. of A. ABBATE, WEISENBERG -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
providing accidental disability retirement benefits for chief fire
marshals, assistant fire marshals, division supervising fire marshals,
supervising fire marshals, fire marshals and fire marshal trainees in
Nassau county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 605-d to read as follows:
S 605-D. ACCIDENTAL DISABILITY RETIREMENT FOR CHIEF FIRE MARSHALS,
ASSISTANT FIRE MARSHALS, DIVISION SUPERVISING FIRE MARSHALS, SUPERVISING
FIRE MARSHALS, FIRE MARSHALS AND FIRE MARSHAL TRAINEES IN NASSAU COUNTY.
A. A MEMBER EMPLOYED AS A CHIEF FIRE MARSHAL, ASSISTANT FIRE MARSHAL,
DIVISION SUPERVISING FIRE MARSHAL, SUPERVISING FIRE MARSHAL, FIRE
MARSHAL OR FIRE MARSHAL TRAINEE IN NASSAU COUNTY SHALL BE ENTITLED TO AN
ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE IF, AT THE TIME APPLICATION
THEREFOR IS FILED, SUCH MEMBER IS:
1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, UNLESS THE CONTRARY BE
PROVED BY COMPETENT EVIDENCE, NOT CAUSED BY HIS OR HER OWN WILLFUL
NEGLIGENCE, SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A MEMBER OF THE
RETIREMENT SYSTEM; AND
2. ACTUALLY IN SERVICE UPON WHICH HIS OR HER MEMBERSHIP IS BASED.
HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE SUBSE-
QUENT TO THE ACCIDENT, EITHER VOLUNTARILY OR INVOLUNTARILY, AND PROVIDED
THAT THE MEMBER MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE MEMBER
IS FIRST DISCONTINUED FROM SERVICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10443-03-3
A. 7520 2
B. APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR
SUCH A MEMBER MAY BE MADE BY:
1. SUCH MEMBER; OR
2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
C. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH MEMBER SHALL BE
GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER
BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
WITHIN NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
(A) THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED; AND
(B) THE PARTICULARS THEREOF; AND
(C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
(D) HIS OR HER ALLEGED INCAPACITY.
2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
(A) IF THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH
THE PROVISIONS OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN
WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES
LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF
THEIR EMPLOYMENT; OR
(B) IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT; OR
(C) IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
D. IF THE COMPTROLLER DETERMINES THAT THE MEMBER IS PHYSICALLY OR
MENTALLY INCAPACITATED FOR THE PERFORMANCE OF DUTY AND OUGHT TO BE
RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
E. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON ACCIDENTAL DISABILITY
RETIREMENT SHALL BE A PENSION OF THREE-QUARTERS OF HIS OR HER FINAL
AVERAGE SALARY. THE PAYMENT OF SUCH PENSION SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
F. IF THE MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION B OF THIS SECTION, IS ELIGIBLE FOR A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SEVENTY OF THIS CHAPTER, PROVIDED THAT THE
MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL
DISABILITY RETIREMENT.
G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION SHALL
APPLY TO CHIEF FIRE MARSHALS, ASSISTANT FIRE MARSHALS, DIVISION SUPER-
VISING FIRE MARSHALS, SUPERVISING FIRE MARSHALS, FIRE MARSHALS AND FIRE
MARSHAL TRAINEES IN NASSAU COUNTY WHO WERE HIRED ON OR AFTER JULY TWEN-
TY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX.
S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
S 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Nassau County Tier 3, 4, 5 and 6 chief fire
marshals, assistant fire marshals, division supervising fire marshals,
supervising fire marshals, fire marshals and fire marshal trainees and
accidental disability for injuries sustained in the performance of duty
and the result of an accident, unless the contrary be proven by compe-
tent evidence. The benefit for an accidental disability would be 75% of
final average salary less workers' compensation.
A. 7520 3
If this bill is enacted during the 2013 session, there will be an
estimated increase of approximately $61,500 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2014.
These estimated costs are based on fifty-two (52) members having an
annual salary for the fiscal year ending March 31, 2013 of approximately
$5.9 million.
Summary of relevant resources:
Data: March 31, 2012 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2012 Report of the
Actuary and 2012 Compensation Annual Financial Report.
Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated May 14, 2013 and intended for use only during the
2013 Legislative Session, is Fiscal Note No. 2013-130, prepared by the
Actuary for the New York State and Local Employees' Retirement System.