S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10022
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 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  accidental  disability   retirement   benefits   for   fire
   protection specialists
 
   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-f to read as follows:
   § 605-F. ACCIDENTAL DISABILITY RETIREMENT FOR FIRE PROTECTION SPECIAL-
 ISTS.  A. A MEMBER EMPLOYED AS A  FIRE  PROTECTION  SPECIALIST  I,  FIRE
 PROTECTION  SPECIALIST  II  OR  FIRE  PROTECTION SPECIALIST III 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09153-06-0

 A. 10022                            2
 
 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 NEW YORK STATE SHALL HAVE ITS EMPLOY-
 EES 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 FIRE PROTECTION SPECIALISTS I, FIRE PROTECTION  SPECIALISTS  II
 AND  FIRE  PROTECTION  SPECIALISTS  III  WHO WERE HIRED ON OR AFTER JULY
 TWENTY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This proposal will allow State employees in civil service  job  titles
 fire  protection  specialist  1,  2,  or 3, to be eligible to receive an
 accidental disability benefit of three-quarters of final average salary,
 less worker's compensation. Currently, such members are eligible  for  a
 benefit  of  one-third  of final average salary in the event of an acci-
 dental or ordinary disability.
   If this legislation is enacted during the 2020 legislative session, we
 anticipate that there will be an increase in the annual contributions of
 the State of New York of  approximately  $68,000  for  the  fiscal  year
 ending March 31, 2021. In future years, this cost will vary as the bill-
 ing rates and salary of the covered members change.
   In  addition  to the annual contributions discussed above, it is esti-
 mated that there will be a past service cost of  approximately  $163,000
 which will be borne by the State of New York as a one-time payment. This
 estimate  is  based on the assumption that payment will be made on March
 1, 2021.
   This fiscal note relies upon job title codes provided by the office of
 Assemblyman Peter  J.  Abbate,  Jr.  Based  on  this  information,  this

 A. 10022                            3
 
 proposal  is  expected  to  cover 138 active members earning a salary of
 approximately $10.5 million as of March 31, 2019. If subsequent  to  the
 release  of  this  estimate  additional  members  are  determined  to be
 covered, all costs to the State of New York are expected to increase.
   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, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018, and 2019 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, 2019
 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 fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated February 27, 2020,  and  intended  for  use  only
 during  the  2020  Legislative  Session,  is  Fiscal  Note  No. 2020-38,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.