NY State Senate Bill 2019-S7286

Senate Bill S7286

2019-2020 Legislative Session

Relates to providing accidental disability retirement benefits for fire protection specialists

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2020	referred to civil service and pensions

co-Sponsors

2019-S7286 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §605-f, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6261
2021-2022: S1889

2019-S7286 (ACTIVE) - Summary

Relates to providing accidental disability retirement benefits for fire protection specialists I, II and III.

2019-S7286 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7286

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
providing accidental disability retirement benefits for fire protection
specialists

 
PURPOSE:

Provides an accidental disability retirement benefit to individuals
employed as a Fire Protection Specialist I, Fire Protection Specialist
II, or Fire Protection Specialist III who have been injured as a result
of a performance-of-duty related accident.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends article 15 of the retirement and social
security law by adding a new section 605-f, which would create an acci-
dental disability benefit for the fire specialist series, provided that

the injured individual is physically or mentally incapacitated as a
natural and proximate result of an injury sustained while actually
employed as a fire prevention specialist.

Section 2 provides this act shall take effect immediately.

 
JUSTIFICATION:

Fire protection specialists conduct inspections, coordinate and conduct
training programs and provide consultation and expert technical assist-
ance in a variety of fire and emergency services related areas, respond
to emergency incidents as directed, providing technical assistance to
local fire officials as requested and conduct fire/arson investigations.
Studies show that first responders and firefighters have elevated
concentrations of certain toxic compounds produced from burning the
chemicals contained in flame-retardant materials and are generally more
exposed to hazardous chemicals (and their by products) compared to the
general public. Fire prevention specialists are often exposed to the
very same toxins as firefighters and thus similarly have a heightened
risk of developing debilitating health conditions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:

Unknown.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7286 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7286
 
                             I N  S E N A T E
 
                             January 15, 2020
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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.

                                                            LBD09153-04-0

 S. 7286                             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.

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Senate Bill S7286

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Sponsored By

James Skoufis