S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5533
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by  M. of A. PHEFFER AMATO -- Multi-Sponsored by -- M. of A.
   SILLITTI -- read once and referred to the  Committee  on  Governmental
   Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   providing certain death benefits to county fire marshals,  supervising
   fire marshals, fire marshals, assistant fire marshals, assistant chief
   fire  marshals,  chief  fire  marshals  and  division supervising fire
   marshals employed by Nassau county
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 63-g of the retirement and social security law, as
 added by chapter 714 of the laws of 2021, is amended 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 COUNTY FIRE MARSHAL, fire marshal, super-
 vising fire marshal, division supervising fire marshal, assistant  chief
 fire  marshal,  chief  fire  marshal,  ASSISTANT  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 disa-
 bility or death to such COUNTY FIRE MARSHAL, fire  marshal,  supervising
 fire  marshal,  division  supervising fire marshal, assistant chief fire
 marshal, chief fire marshal, ASSISTANT FIRE  MARSHAL,  or  fire  marshal
 trainee, presently employed, and who shall have sustained such disabili-
 ty 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  COUNTY FIRE MARSHAL, fire marshal, supervising fire marshal, divi-
 sion supervising fire marshal, assistant chief fire marshal, chief  fire
 marshal,  ASSISTANT  FIRE  MARSHAL, or fire marshal trainee successfully
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01827-02-3
 A. 5533                             2
              

 
 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 63-i to read as follows:
   §  63-I.   DEATH BENEFITS FOR FIRE MARSHALS EMPLOYED BY NASSAU COUNTY.
 A.  AS USED IN THIS SECTION, THE TERM "FIRE MARSHAL" SHALL MEAN A MEMBER
 WHO IS EMPLOYED BY NASSAU COUNTY WITH A TITLE OF  COUNTY  FIRE  MARSHAL,
 SUPERVISING  FIRE MARSHAL, FIRE MARSHAL, ASSISTANT FIRE MARSHAL, ASSIST-
 ANT CHIEF FIRE MARSHAL, CHIEF FIRE  MARSHAL,  AND  DIVISION  SUPERVISING
 FIRE MARSHAL.
   B.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A FIRE
 MARSHAL  WOULD HAVE BEEN ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE
 TIME OF HIS OR HER DEATH AND WHERE HIS OR HER DEATH OCCURS ON  OR  AFTER
 THE EFFECTIVE DATE OF THIS SECTION, THE BENEFICIARY OR BENEFICIARIES MAY
 ELECT  TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE EQUAL
 TO THE PENSION RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD  THE  MEMBER
 RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH BENE-
 FIT  AND  THE  RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS
 GREATER.
   § 3. Subdivisions a and j of section 89-w of the retirement and social
 security law, as added by chapter 295 of the laws of 2007,  are  amended
 to read as follows:
   a.  A  member  who  serves  as a county fire marshal, supervising fire
 marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
 marshal  [or],  chief  fire marshal OR DIVISION SUPERVISING FIRE MARSHAL
 and is employed by the county of Nassau  shall  be  eligible  to  retire
 pursuant to the provisions of this section. Such eligibility shall be an
 alternative to the eligibility provisions available under any other plan
 of this article to which such member is subject. The county executive of
 the  county of Nassau shall certify to the comptroller, periodically and
 at such intervals of time as may be required of him or her and  in  such
 fashion  as  may be prescribed, the identity of the eligible county fire
 marshal,  supervising  fire  marshals,  fire  marshals,  assistant  fire
 marshals,  assistant  chief fire marshals [and], chief fire marshals AND
 DIVISION SUPERVISING FIRE MARSHALS in his or her employ.
   j. Notwithstanding any provision of  this  section  or  of  any  other
 provision of law to the contrary, county fire marshals, supervising fire
 marshals,  fire  marshals, assistant fire marshals, assistant chief fire
 marshals [and],  chief  fire  marshals  AND  DIVISION  SUPERVISING  FIRE
 MARSHALS  must  serve  five  years within the Nassau county fire marshal
 department after the effective date of  this  section  before  they  are
 eligible  to retire under the provisions of the twenty-five year retire-
 ment plan.
   § 4. Subdivision a of section 445 of the retirement and social securi-
 ty law, as amended by chapter 245 of the laws of  2021,  is  amended  to
 read as follows:
   a.  No  member of a retirement system who is subject to the provisions
 of this article shall retire without regard to age, exclusive of retire-
 ment for disability, unless he or she is a police officer,  an  investi-
 gator  member  of  the New York city employees' retirement system, fire-
 fighter, correction officer, a qualifying member as defined  in  section
 eighty-nine-t,  as  added by chapter six hundred fifty-seven of the laws
 of nineteen hundred ninety-eight, of this chapter, sanitation worker,  a
 special  officer  (including persons employed by the city of New York in
 the title urban park ranger or  associate  urban  park  ranger),  school
 safety  agent,  campus  peace officer or a taxi and limousine commission
 A. 5533                             3
 
 inspector member of the New York city employees'  retirement  system  or
 the  New  York  city  board of education retirement system, a dispatcher
 member of the New York  city  employees'  retirement  system,  a  police
 communications member of the New York city employees' retirement system,
 an EMT member of the New York city employees' retirement system, a depu-
 ty  sheriff  member of the New York city employees' retirement system, a
 correction officer of the Westchester county  correction  department  as
 defined  in section eighty-nine-e of this chapter or employed in Suffolk
 county as a peace officer, as defined in section eighty-nine-s, as added
 by chapter five hundred eighty-eight of the  laws  of  nineteen  hundred
 ninety-seven,   of  this  chapter,  employed  in  Suffolk  county  as  a
 correction officer, as defined in section eighty-nine-f of this chapter,
 or  employed  in  Nassau  county  as  a  correction  officer,  uniformed
 correction  division personnel, sheriff, undersheriff or deputy sheriff,
 as defined in section eighty-nine-g of  this  chapter,  or  employed  in
 Nassau  county  as an ambulance medical technician, an ambulance medical
 technician/supervisor or a member who performs ambulance medical techni-
 cian related services, or a police medic, police medic supervisor  or  a
 member who performs police medic related services, as defined in section
 eighty-nine-s,  as  amended by chapter five hundred seventy-eight of the
 laws of nineteen hundred ninety-eight, of this chapter, or  employed  in
 Nassau  county  as a peace officer, as defined in section eighty-nine-s,
 as added by chapter five hundred ninety-five of  the  laws  of  nineteen
 hundred ninety-seven, of this chapter, or employed in Albany county as a
 sheriff, undersheriff, deputy sheriff, correction officer or identifica-
 tion  officer, as defined in section eighty-nine-h of this chapter or is
 employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
 iff or correction officer, as defined in section eighty-nine-i  of  this
 chapter  or  is  employed  in Orleans county as a sheriff, undersheriff,
 deputy  sheriff  or  correction   officer,   as   defined   in   section
 eighty-nine-l  of  this  chapter or is employed in Jefferson county as a
 sheriff, undersheriff, deputy sheriff or correction officer, as  defined
 in  section  eighty-nine-j  of  this  chapter or is employed in Onondaga
 county as a deputy sheriff-jail division competitively appointed or as a
 correction officer, as defined in section eighty-nine-k of this  chapter
 or  is  employed in a county which makes an election under subdivision j
 of section eighty-nine-p of this chapter  as  a  sheriff,  undersheriff,
 deputy  sheriff or correction officer as defined in such section eighty-
 nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
 ty sheriff or correction officer, as defined in section eighty-nine-m of
 this chapter or is a Monroe county  deputy  sheriff-court  security,  or
 deputy  sheriff-jailor  as defined in section eighty-nine-n, as added by
 chapter five hundred ninety-seven of the laws of nineteen hundred  nine-
 ty-one,  of  this  chapter or is employed in Greene county as a sheriff,
 undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
 section  eighty-nine-o  of this chapter or is a traffic officer with the
 town of Elmira as defined in section eighty-nine-q of this chapter or is
 employed by Suffolk county as a  park  police  officer,  as  defined  in
 section  eighty-nine-r of this chapter or is a peace officer employed by
 a county probation department as defined in  section  eighty-nine-t,  as
 added by chapter six hundred three of the laws of nineteen hundred nine-
 ty-eight,  of this chapter or is employed in Rockland county as a deputy
 sheriff-civil as defined in section eighty-nine-v  of  this  chapter  as
 added by chapter four hundred forty-one of the laws of two thousand one,
 or  is  employed  in Rockland county as a superior correction officer as
 defined in section eighty-nine-v of this chapter  as  added  by  chapter
 A. 5533                             4
 
 five hundred fifty-six of the laws of two thousand one or is a paramedic
 employed  by  the police department in the town of Tonawanda and retires
 under the provisions of section eighty-nine-v of this chapter, as  added
 by  chapter four hundred seventy-two of the laws of two thousand one, or
 is a county  fire  marshal,  supervising  fire  marshal,  fire  marshal,
 assistant  fire  marshal,  assistant chief fire marshal [or], chief fire
 marshal, DIVISION SUPERVISING  FIRE  MARSHAL  OR  FIRE  MARSHAL  TRAINEE
 employed  by the county of Nassau as defined in section eighty-nine-w of
 this chapter and is in a plan which permits  immediate  retirement  upon
 completion  of  a  specified  period  of  service without regard to age.
 Except as provided in subdivision c of section four hundred forty-five-a
 of this article, subdivision c of section four hundred  forty-five-b  of
 this article, subdivision c of section four hundred forty-five-c of this
 article,  subdivision  c  of  section  four hundred forty-five-d of this
 article, subdivision c of section  four  hundred  forty-five-e  of  this
 article,  subdivision  c  of  section  four hundred forty-five-f of this
 article and subdivision c of section four hundred forty-five-h  of  this
 article,  a  member  in such a plan and such an occupation, other than a
 police officer or investigator member of the New  York  city  employees'
 retirement  system  or  a  firefighter, shall not be permitted to retire
 prior to the  completion  of  twenty-five  years  of  credited  service;
 provided,  however,  if such a member in such an occupation is in a plan
 which permits retirement upon completion  of  twenty  years  of  service
 regardless  of age, he or she may retire upon completion of twenty years
 of credited service and prior to the completion of twenty-five years  of
 service,  but  in  such event the benefit provided from funds other than
 those based on such a member's own contributions shall  not  exceed  two
 per centum of final average salary per each year of credited service.
   § 5. The retirement and social security law is amended by adding a new
 section 508-c to read as follows:
   §  508-C.  DEATH BENEFITS FOR FIRE MARSHALS EMPLOYED BY NASSAU COUNTY.
 A.  AS USED IN THIS SECTION, THE TERM "FIRE MARSHAL" SHALL MEAN A MEMBER
 WHO IS EMPLOYED BY NASSAU COUNTY WITH A TITLE OF  COUNTY  FIRE  MARSHAL,
 SUPERVISING  FIRE MARSHAL, FIRE MARSHAL, ASSISTANT FIRE MARSHAL, ASSIST-
 ANT CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL, OR DIVISION SUPERVISING FIRE
 MARSHAL.
   B.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A FIRE
 MARSHAL WOULD HAVE BEEN ENTITLED TO A SERVICE RETIREMENT BENEFIT AT  THE
 TIME  OF  HIS OR HER DEATH AND WHERE HIS OR HER DEATH OCCURS ON OR AFTER
 THE EFFECTIVE DATE OF THIS SECTION, THE BENEFICIARY OR BENEFICIARIES MAY
 ELECT TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE  EQUAL
 TO  THE  PENSION RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD THE MEMBER
 RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH BENE-
 FIT AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF  ANY,  WHICHEVER  IS
 GREATER.
   § 6. Subdivision s of section 603 of the retirement and social securi-
 ty  law, as added by chapter 295 of the laws of 2007, is amended to read
 as follows:
   s. The service retirement benefit specified  in  section  six  hundred
 four  of this article shall be payable to members with twenty-five years
 of creditable service, without regard to age, who are  employed  in  the
 county  of  Nassau  as  a county fire marshal, supervising fire marshal,
 fire marshal, assistant fire marshal, assistant chief fire marshal [or],
 chief fire marshal OR DIVISION SUPERVISING FIRE MARSHAL  as  defined  in
 section  eighty-nine-w of this chapter if: (i) such members have met the
 minimum service requirements upon retirement, and (ii) in the case of  a
 A. 5533                             5

 member  subject  to  the provisions of article fourteen of this chapter,
 such member files an election therefor which provides  that  he  or  she
 will  be  subject  to  the provisions of this article and to none of the
 provisions  of  such  article  fourteen.   Such election, which shall be
 irrevocable, shall be in writing, duly executed and shall be filed  with
 the  comptroller  within one year of the effective date of this subdivi-
 sion or within one year after entering the employment with  such  county
 upon which eligibility is based, whichever comes later. For the purposes
 of  this subdivision, the term "creditable service" shall have the mean-
 ing as so defined in both sections eighty-nine-w and six hundred one  of
 this chapter.
   § 7. Subdivision t of section 604 of the retirement and social securi-
 ty  law, as added by chapter 295 of the laws of 2007, is amended to read
 as follows:
   t. The early service retirement benefit for a member who  is  employed
 in  the  county  of  Nassau  as  a county fire marshal, supervising fire
 marshal, fire marshal, assistant  fire  marshal,  assistant  chief  fire
 marshal [or], chief fire marshal OR DIVISION SUPERVISING FIRE MARSHAL as
 defined  in  section  eighty-nine-w  of  this chapter shall be a pension
 equal to one-fiftieth of final average salary times  years  of  credited
 service at the completion of twenty-five years of service as such county
 fire  marshal,  supervising  fire  marshal, fire marshal, assistant fire
 marshal, assistant chief fire marshal [or], chief fire marshal OR  DIVI-
 SION  SUPERVISING FIRE MARSHAL, but not exceeding one-half of his or her
 final average salary.
   § 8. The opening paragraph of  subdivision  a  and  subdivision  g  of
 section  605-d  of  the  retirement and social security law, as added by
 chapter 416 of the laws of 2013, are amended to read as follows:
   A member employed as  a  chief  fire  marshal,  assistant  CHIEF  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 appli-
 cation therefor is filed, such member is:
   g. Notwithstanding any other provision  of  law,  this  section  shall
 apply  to  chief  fire marshals, assistant CHIEF fire marshals, division
 supervising fire marshals, supervising fire marshals, fire marshals  and
 fire  marshal  trainees in Nassau county who were hired on or after July
 twenty-seventh, nineteen hundred seventy-six.
   § 9. Section 605-f of the retirement and social security law, as added
 by chapter 714 of the laws of 2021, is amended to read as follows:
   § 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 COUNTY FIRE MARSHAL, fire marshal,
 supervising fire marshal, division supervising fire  marshal,  assistant
 chief  fire marshal, chief fire marshal, ASSISTANT 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 disa-
 bility or death to such COUNTY FIRE MARSHAL, fire  marshal,  supervising
 fire  marshal,  division  supervising fire marshal, assistant chief fire
 marshal, chief fire marshal, ASSISTANT FIRE  MARSHAL,  or  fire  marshal
 trainee, presently employed, and who shall have sustained such disabili-
 ty 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  COUNTY FIRE MARSHAL, fire marshal, supervising fire marshal, divi-
 A. 5533                             6
 
 sion supervising fire marshal, assistant chief fire marshal, chief  fire
 marshal,  ASSISTANT  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.
   §  10.  The  retirement and social security law is amended by adding a
 new section 606-c to read as follows:
   § 606-C. DEATH BENEFITS FOR FIRE MARSHALS EMPLOYED BY  NASSAU  COUNTY.
 A.  AS USED IN THIS SECTION, THE TERM "FIRE MARSHAL" SHALL MEAN A MEMBER
 WHO  IS  EMPLOYED  BY NASSAU COUNTY WITH A TITLE OF COUNTY FIRE MARSHAL,
 SUPERVISING FIRE MARSHAL, FIRE MARSHAL, ASSISTANT FIRE MARSHAL,  ASSIST-
 ANT CHIEF FIRE MARSHAL, CHIEF FIRE MARSHAL, OR DIVISION SUPERVISING FIRE
 MARSHAL.
   B.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A FIRE
 MARSHAL WOULD HAVE BEEN ENTITLED TO A SERVICE RETIREMENT BENEFIT AT  THE
 TIME  OF  HIS OR HER DEATH AND WHERE HIS OR HER DEATH OCCURS ON OR AFTER
 THE EFFECTIVE DATE OF THIS SECTION, THE BENEFICIARY OR BENEFICIARIES MAY
 ELECT TO RECEIVE, IN A LUMP SUM, AN AMOUNT PAYABLE WHICH SHALL BE  EQUAL
 TO  THE  PENSION RESERVE THAT WOULD HAVE BEEN ESTABLISHED HAD THE MEMBER
 RETIRED ON THE DATE OF HIS OR HER DEATH, OR THE VALUE OF THE DEATH BENE-
 FIT AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY, IF  ANY,  WHICHEVER  IS
 GREATER.
   §  11.  Subdivision  a  of  section 607-j of the retirement and social
 security law, as added by chapter 524 of the laws of 2021, is amended to
 read as follows:
   a. The county of Nassau shall make the benefits provided herein avail-
 able to COUNTY FIRE MARSHALS, chief fire marshals, assistant chief  fire
 marshals, division supervising fire marshals, supervising fire marshals,
 fire  marshals, ASSISTANT FIRE MARSHALS and fire marshal trainees in the
 employ of Nassau county.
   §  12.  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.
   §  13.  Notwithstanding  any provision of law to the contrary, none of
 the provisions of  this  act  shall  be  subject  to  the  appropriation
 requirement of section twenty-five of the retirement and social security
 law.
   § 14. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  modify  the in-service death benefit for retirement
 eligible members of the New York State and Local  Employees'  Retirement
 System  who  are  employed  by Nassau County in certain fire marshal job
 titles. The in-service death benefit will be the value  of  the  pension
 reserve as if the member had retired on their date of death.
   If this bill is enacted during the 2023 legislative session, we antic-
 ipate  that  there  will  be  an increase of approximately $5,400 in the
 annual contributions of Nassau County for the fiscal year  ending  March
 31,  2024. 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 $48,700  which  will  be
 borne by Nassau County as a one-time payment. This estimate assumes that
 payment  will  be  made  on February 1, 2024. If Nassau County elects to
 amortize this cost over a 10-year period, the cost for  the  first  year
 including interest would be $6,220.
 A. 5533                             7
 
   These  estimated  costs  are  based on 44 affected members employed by
 Nassau County, with annual salary of approximately $5.0  million  as  of
 March 31, 2022.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 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 January 31,  2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-21,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.