S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9477

                          I N  A S S E M B L Y

                               May 1, 2014
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  providing performance  of  duty  disability  retirement  benefits  for
  members  in the employ of the Nassau county police department as ambu-
  lance medical technician  supervisors,  ambulance  medical  technician
  coordinators and ambulance medical technicians

  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 607-i to read as follows:
  S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT FOR MEMBERS IN  THE
EMPLOY OF THE NASSAU COUNTY POLICE DEPARTMENT AS AMBULANCE MEDICAL TECH-
NICIAN  SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN COORDINATORS AND AMBU-
LANCE MEDICAL TECHNICIANS. A. A MEMBER EMPLOYED  BY  THE  NASSAU  COUNTY
POLICE  DEPARTMENT  AS AN AMBULANCE MEDICAL TECHNICIAN SUPERVISOR, AMBU-
LANCE MEDICAL TECHNICIAN COORDINATOR OR AN AMBULANCE MEDICAL TECHNICIAN,
WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE  OF
DUTIES  AS  THE  NATURAL AND PROXIMATE RESULT OF AN INJURY, SUSTAINED IN
THE PERFORMANCE OR DISCHARGE OF HIS  OR  HER  DUTIES  SHALL  BE  PAID  A
PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THREE-QUAR-
TERS  OF  FINAL  AVERAGE  SALARY,  SUBJECT TO SECTION SIXTY-FOUR OF THIS
CHAPTER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  A  MEMBER  COVERED BY THIS SECTION WHO
CONTRACTS HIV (WHERE THE MEMBER MAY HAVE BEEN EXPOSED TO A BODILY  FLUID
OF  A  PERSON  UNDER  HIS  OR HER CARE OR TREATMENT, OR WHILE THE MEMBER
EXAMINED, TRANSPORTED OR OTHERWISE HAD CONTACT WITH SUCH PERSON, IN  THE
PERFORMANCE  OF  HIS  OR  HER DUTIES) TUBERCULOSIS OR HEPATITIS, WILL BE
PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN THE PERFORMANCE OR DISCHARGE
OF HIS OR HER  DUTIES,  UNLESS  THE  CONTRARY  BE  PROVED  BY  COMPETENT
EVIDENCE.
  C.  1.  (A)  NOTWITHSTANDING  ANY PROVISIONS OF THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14708-03-4

A. 9477                             2

REGULATION  TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS
CAUSED BY A QUALIFYING  WORLD  TRADE  CENTER  CONDITION  AS  DEFINED  IN
SECTION  TWO  OF  THIS CHAPTER, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT
WAS  INCURRED  IN  THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL
AND PROXIMATE RESULT OF AN ACCIDENT NOT  CAUSED  BY  SUCH  MEMBER'S  OWN
WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  (B) THE HEAD OF EACH RETIREMENT SYSTEM IS HEREBY AUTHORIZED TO PROMUL-
GATE  RULES  AND  REGULATIONS  TO IMPLEMENT THE PROVISIONS OF THIS PARA-
GRAPH.
  2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR  REGU-
LATION  TO  THE  CONTRARY,  IF  A MEMBER WHO PARTICIPATED IN WORLD TRADE
CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION  TWO
OF  THIS  CHAPTER,  AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN
ORDINARY DISABILITY RETIREMENT, A PERFORMANCE OF DUTY DISABILITY RETIRE-
MENT, AND SUBSEQUENT TO SUCH RETIREMENT OR SEPARATION IS  DETERMINED  BY
THE  COMPTROLLER  TO  HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS
DEFINED IN SECTION TWO OF THIS CHAPTER, UPON SUCH DETERMINATION  BY  THE
HEAD OF THE RETIREMENT SYSTEM, IT SHALL BE PRESUMED THAT SUCH DISABILITY
WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AS THE NATURAL AND
PROXIMATE  RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
NEGLIGENCE, AND THAT THE MEMBER WOULD HAVE BEEN PHYSICALLY  OR  MENTALLY
INCAPACITATED  FOR THE PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION
FROM WHICH HE OR SHE RETIRED HAD THE  CONDITION  BEEN  KNOWN  AND  FULLY
DEVELOPED AT THE TIME OF THE MEMBER'S RETIREMENT, UNLESS THE CONTRARY IS
PROVEN BY COMPETENT EVIDENCE.
  (B)  THE  HEAD OF THE RETIREMENT SYSTEM SHALL CONSIDER A RECLASSIFICA-
TION OF THE MEMBER'S RETIREMENT OR VESTING AS AN  ACCIDENTAL  DISABILITY
RETIREMENT EFFECTIVE AS OF THE DATE OF SUCH RECLASSIFICATION.
  (C)  SUCH  MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
OF SUCH RECLASSIFICATION.
  (D) THE HEAD OF EACH RETIREMENT SYSTEM IS HEREBY AUTHORIZED TO PROMUL-
GATE RULES AND REGULATIONS TO IMPLEMENT THE  PROVISIONS  OF  THIS  PARA-
GRAPH.
  D.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
REGULATION  TO  THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA
OF SUBDIVISION C OF THIS SECTION AND RETIRED ON A SERVICE OR  DISABILITY
RETIREMENT,  WOULD  HAVE  MET  THE CRITERIA IF NOT ALREADY RETIRED ON AN
ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN  TWEN-
TY-FIVE  YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS  DETERMINED  BY  THE
APPLICABLE  HEAD  OF  THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,
THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE,  SUCH  RETIREE
SHALL  BE  DEEMED  TO  HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT  AS  A  RESULT  OF
WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
ARY,  AS  SET FORTH IN SECTION SIX HUNDRED ONE OF THIS ARTICLE, SHALL BE
ENTITLED TO AN ACCIDENTAL DEATH  BENEFIT  AS  PROVIDED  BY  SECTION  SIX
HUNDRED  SEVEN OF THIS ARTICLE, HOWEVER, FOR THE PURPOSES OF DETERMINING
THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT  IS  CALCULATED,
THE  RETIREE  SHALL  BE  DEEMED  TO  HAVE DIED ON THE DATE OF HIS OR HER
RETIREMENT.  UPON THE RETIREE'S DEATH, THE  ELIGIBLE  BENEFICIARY  SHALL
MAKE  A  WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN
THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL  DEATH  BENEFIT  AS
SET  FORTH  IN  SECTION  SIX  HUNDRED  SEVEN  OF THIS ARTICLE REQUESTING

A. 9477                             3

CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT BENEFIT TO
AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION, THE  ELIGI-
BLE  BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS
PAYABLE  UNDER  THE  SERVICE OR DISABILITY RETIREMENT BENEFIT, INCLUDING
ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S  DEATH.  IF  THE
ELIGIBLE  BENEFICIARY  IS NOT THE ONLY BENEFICIARY RECEIVING OR ENTITLED
TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT  BENEFIT
(INCLUDING,  BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS OR BENE-
FITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S  OPTION  SELECTION),  THE
ACCIDENTAL  DEATH  BENEFIT  PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL BE
REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
  E. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
SUBDIVISION C OF THIS SECTION; AND (2)  DIES  FROM  A  QUALIFYING  WORLD
TRADE  CENTER  CONDITION,  AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS
DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE
MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH MEMBER'S PARTICIPATION IN  THE
WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN
SECTION  TWO  OF  THIS  CHAPTER,  THEN  UNLESS THE CONTRARY BE PROVEN BY
COMPETENT EVIDENCE, SUCH MEMBER SHALL  BE  DEEMED  TO  HAVE  DIED  AS  A
NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE
OF  DUTY  AND  NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART.
SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION SIX  HUNDRED
ONE  OF  THIS  ARTICLE, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT
PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE  RETIRE-
MENT  SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL
DEATH BENEFIT AS SET FORTH IN SECTION SIX HUNDRED SEVEN OF THIS ARTICLE.
  S  2.  All  past  service  costs  incurred  due  to  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 will allow any Nassau County ambulance medical technician to
become  eligible to receive a disability benefit of 75% of final average
salary (FAS) less worker's compensation for a  disability  sustained  in
the  performance of duty. This would also include disabilities sustained
due to hepatitis, tuberculosis,  HIV  and  World  Trade  Center  related
illnesses. Currently, such members may file for an accidental disability
benefit of 1/3 of final average salary.
  Further,  this  bill would grant that members whose health is impaired
due to a qualifying World Trade Center condition would also be  eligible
for  the new 75% of FAS benefit. In addition, the beneficiaries of those
who have been retired due to a qualifying World Trade Center  condition,
and  die  within  25  years from their date of disability retirement, to
have their benefits recalculated as 50% of pay  accidental  death  bene-
fits.
  The  number  of  members  and  retirees  who  could be affected by the
enhanced World Trade Center benefits of this legislation cannot be read-
ily determined.
  If this legislation is enacted during the 2014 legislative session, we
anticipate that there will be an increase in the annual contributions of
Nassau County of approximately $390,000 for the fiscal year ending March
31, 2015.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $1.8 million which would

A. 9477                             4

be borne by Nassau County as a one-time payment. This estimate is  based
on the assumption that payment will be made on February 1, 2015.
  These estimated costs above are based on 162 ambulance medical techni-
cians  employed by Nassau County with a total estimated annual salary of
approximately $14.9 million for the fiscal year ending March 31, 2013.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  Annual  Report  to  the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  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 April 29, 2014, and intended for use only  during
the  2014  Legislative Session, is Fiscal Note No. 2014-119, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.