S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6547--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on  Governmental  Employees  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the retirement and social security law, in  relation  to
   providing  a  heart  disease  presumption for certain fire marshals 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 63-g to read as follows:
   § 63-G. DISABILITY BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING ANY
 PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
 CONTRARY,  ANY  MEMBER  WHO IS A FIRE MARSHAL, SUPERVISING FIRE MARSHAL,
 DIVISION SUPERVISING FIRE MARSHAL, ASSISTANT CHIEF FIRE  MARSHAL,  CHIEF
 FIRE  MARSHAL  OR  FIRE  MARSHAL  TRAINEE  EMPLOYED BY NASSAU COUNTY WHO
 CONTRACTS ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED  BY  DISEASES  OF
 THE HEART, RESULTING IN DISABILITY OR DEATH TO SUCH FIRE MARSHAL, SUPER-
 VISING  FIRE MARSHAL, DIVISION SUPERVISING FIRE MARSHAL, ASSISTANT CHIEF
 FIRE MARSHAL, CHIEF FIRE MARSHAL  OR  FIRE  MARSHAL  TRAINEE,  PRESENTLY
 EMPLOYED,  AND  WHO  SHALL  HAVE  SUSTAINED  SUCH  DISABILITY  WHILE  SO
 EMPLOYED,  SHALL  BE  PRESUMPTIVE  EVIDENCE  THAT  SUCH  DISABILITY  WAS
 INCURRED  IN  THE  PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL AND
 PROXIMATE RESULT OF AN ACCIDENT, UNLESS THE CONTRARY BE PROVED BY COMPE-
 TENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE, SUCH
 FIRE  MARSHAL,  SUPERVISING  FIRE  MARSHAL,  DIVISION  SUPERVISING  FIRE
 MARSHAL,  ASSISTANT  CHIEF  FIRE  MARSHAL,  CHIEF  FIRE  MARSHAL OR FIRE
 MARSHAL TRAINEE SUCCESSFULLY PASSED A PHYSICAL EXAMINATION WHICH  FAILED
 TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART.
   § 2. The retirement and social security law is amended by adding a new
 section 605-f to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04837-05-1
              

 A. 6547--A                          2
 
   §  605-F.  DISABILITY  BENEFITS; CERTAIN DISABILITIES. NOTWITHSTANDING
 ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
 THE CONTRARY, ANY  MEMBER  WHO  IS  A  FIRE  MARSHAL,  SUPERVISING  FIRE
 MARSHAL,   DIVISION  SUPERVISING  FIRE  MARSHAL,  ASSISTANT  CHIEF  FIRE
 MARSHAL,  CHIEF  FIRE MARSHAL OR FIRE MARSHAL TRAINEE EMPLOYED BY NASSAU
 COUNTY WHO CONTRACTS ANY CONDITION OF IMPAIRMENT  OF  HEALTH  CAUSED  BY
 DISEASES  OF  THE  HEART,  RESULTING IN DISABILITY OR DEATH TO SUCH FIRE
 MARSHAL, SUPERVISING FIRE MARSHAL, DIVISION  SUPERVISING  FIRE  MARSHAL,
 ASSISTANT  CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL OR FIRE MARSHAL TRAIN-
 EE, PRESENTLY EMPLOYED, AND WHO SHALL  HAVE  SUSTAINED  SUCH  DISABILITY
 WHILE  SO  EMPLOYED,  SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH DISABILITY
 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY  AND  THE  NATURAL
 AND  PROXIMATE  RESULT  OF AN ACCIDENT, UNLESS THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE; PROVIDED, HOWEVER, THAT PRIOR TO ENTRY INTO SERVICE,
 SUCH FIRE MARSHAL, SUPERVISING FIRE MARSHAL, DIVISION  SUPERVISING  FIRE
 MARSHAL,  ASSISTANT  CHIEF  FIRE  MARSHAL,  CHIEF  FIRE  MARSHAL OR FIRE
 MARSHAL TRAINEE SUCCESSFULLY PASSED A PHYSICAL EXAMINATION WHICH  FAILED
 TO DISCLOSE EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART.
   §   3.  All  past  service  costs  associated  with  implementing  the
 provisions of this act shall be borne by the county of Nassau and may be
 amortized over a period of ten years.
   § 4. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow certain members of the New York State and  Local
 Employees'  Retirement  System  (ERS) employed by Nassau County as chief
 fire marshal, assistant chief fire marshal,  division  supervising  fire
 marshal, supervising fire marshal, fire marshal and fire marshal trainee
 to  receive  an  accidental disability benefit if the member is impaired
 due to a condition of the heart as a  result  of  an  accident,  in  the
 performance  of  his  or  her  duties,  unless the contrary be proven by
 competent evidence. The annual benefit would be  3/4  of  final  average
 salary less worker's compensation.
   If this bill is enacted during the 2021 legislative session, we antic-
 ipate  that  there  will  be  an increase of approximately $5,200 in the
 annual contributions of Nassau County for the fiscal year  ending  March
 31,  2022. In future years, this cost will vary as the billing rates and
 salary of the affected members change.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $21,400  which  will  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, 2022. If  Nassau
 County  elects to amortize this cost over a 10 year period, the cost for
 the first year including interest would be $2,830.
   These estimated costs are based on 50  affected  members  employed  by
 Nassau  County,  with  annual salary of approximately $5.2 million as of
 March 31, 2020.
   Summary of relevant resources:
   Membership data as of March 31, 2020 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 Annual Report to the  Comptroller  on  Actuarial  Assumptions,  and  the
 Codes,  Rules  and  Regulations  of  the  State  of  New York: Audit and
 Control.

 A. 6547--A                          3
 
   The Market Assets and GASB Disclosures are found in the March 31, 2020
 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  June 3, 2021, and intended for use only during
 the 2021 Legislative Session, is Fiscal Note No. 2021-153,  prepared  by
 the Actuary for the New York State and Local Retirement System.